Establishes The Organic Of The Secretary-General Of The Information System Of The Portuguese Republic, Of Strategic Defence Information Service (Sied) And Security Information Service (Sis) And Repealing Decree-Law No. 225/85, Of 4 July, And The Decre

Original Language Title: Estabelece a orgânica do Secretário-Geral do Sistema de Informações da República Portuguesa, do Serviço de Informações Estratégicas de Defesa (SIED) e do Serviço de Informações de Segurança (SIS) e revoga o Decreto-Lei n.º 225/85, de 4 de Julho, e o Decre

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c3342776244677a4c5667755a47396a&fich=ppl83-X.doc&Inline=false

1 PROPOSAL of law No. 83/X explanatory statement After more than twenty years since the passage of the information system of the Portuguese Republic (SIRP) through law No. 30/84 of 5 September, the specific changes that has been between 1995 and 1997 kept unchanged the structure and the essential nucleus of powers of entities it referred to , which was showing inappropriate in relation to the framework of contemporary threats. Because it became necessary to provide the Information System of the Portuguese Republic a cohesive structure, able to cope with so-called transnational threats, was given new wording to that Framework Law, through the adoption of organic law No. 4/2004, of 6 November. In it, they restructured the information services, devising a system of unified direction, materialized in the creation of the post of Secretary-General of the Information System of the Portuguese Republic. It is an innovative solution, with specifics of regime unparalleled in Public Administration. Thus, in addition to instruct the Secretary General to conduct superiorly, through the respective directors, the activities of the Strategic Defense Intelligence Service (SIED) and Security Information Service (SIS), now integrated into the Presidency of the Council of Ministers, the elevation of the Secretary-General the authority of inspection, supervision and coordination. The model of the Information System of the Portuguese Republic would not be complete, however, without the necessary legislative adaptation of the SIED and SIS to the new regime. Accordingly, the regulatory information services device so far dispersed by diplomas distinguished by reference to each of the services, in particular, in the case of SIED, Decree-Law No. 254/95, of 30 September, and, in the SIS, the Decree-Law No. 225/85, of 4 July, as amended by decree-laws Nos. 369/91, October 7 , and 245/95 of 14 September, gives way to a regulatory one, his game than simply finishing the details of organisation and operation of the Secretary-General, the SIED and SIS, that provides the means to ensure the interests of the Portuguese State. On the other hand, fulfilling the design set by the last part of the law drafting 2 SIRP, are created, on the Secretary-General's reliance on direct, structures common to information services, resulting from the bonding, the same trunk, so far the SIED twin departments and in the SIS with the same field of action. This restructuring in the areas determined by the Framework Law, in addition to relaying General and economic rationalization of human resources, focuses the information services at the heart of the powers continue: the production of information. In the case of SIED, the production of information which will contribute to the safeguarding of national independence, national interests and the external security of the Portuguese State. As for the SIS, information production aimed at ensuring internal security needed to prevent sabotage, terrorism, espionage and the practice of acts which, by your nature, can change or destroy the rule of law as constitutionally established. This is believed, a contribution to the modernization and streamlining of the Portuguese information services. Because the administrative area and includes support materials now scattered in various departments for information services, we decided to specify in your scope administrative departments with different achievements, namely: the common Department of human resources, the joint Department of information technologies and the common security department. Creates the joint Department of finance and general support. Aware of the adaptations that such renovation entails, differs from the entry into operation of common structures, extension that is necessary for the internal reorganization of the SIED and SIS. Was heard the National Commission for Data Protection. Should be heard with the Supervisory Board of the Information System of the Portuguese Republic.

So, in the development of the legal framework established in the Framework of the Law Information System of the Portuguese Republic, in accordance with subparagraph (d)) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General principles 3 section I Subject, nature and tasks Article 1 subject-matter this law establishes, within the framework of the Information System of the Portuguese Republic , hereinafter referred to as the SIRP, the legal regime applicable to the Secretary-General of the Information System of the Portuguese Republic, hereinafter referred to as the Secretary General, in the service of strategic information, hereinafter referred to as the SIED, the Security Information Service, hereinafter referred to as the SIS, as well as to the respective data centers and common structures.

Article 2 Nature 1-under the framework of the Information System of the Portuguese Republic, hereinafter referred to as the Framework Law SIRP:) the Secretary-General is an organ in the SIRP directly dependent on the Prime Minister and treated as such for all legal purposes, other than those relating to the your appointment and dismissal, the Secretary of State; b) the SIED is a public service that integrates in the SIRP and depends directly from the Prime Minister; c) the SIS is a public service that integrates in the SIRP and depends directly from the Prime Minister; d) common structures are administrative departments in support of operational activities of the SIED and SIS, operating in direct dependence on the Secretary-General, in accordance with article 35 of the law framework of SIRP; e) data centers are services of the SIED and SIS which competes process and save on magnetic media or other data and information relating to institutional assignments of their services. 2-the Secretary General, the SIED and SIS are endowed with administrative and financial autonomy 4 and have headquarters in Lisbon.

Article 3 Organs and services


1-the Secretary General is up to drive through the directors of superiorly SIED and SIS, in the respect of the Constitution and the law, the activity of production of information necessary for the safeguarding of national independence and national interests and to guarantee external and internal security of the Portuguese State. 2-SIED is the only agency responsible for the production of information which will contribute to the safeguarding of national independence, national interests and the external security of the Portuguese State. 3-the SIS is the only agency responsible for the production of information aimed at ensuring internal security needed to prevent sabotage, terrorism, espionage and the practice of acts which, by your nature, can change or destroy the rule of law as constitutionally established. 4-the SIED and SIS are exclusively in the service of the State and carry out their duties in respect of the Constitution and the law, in accordance with the purposes and objectives of SIRP. 5-the preceding paragraphs are without prejudice to the information activities carried out by the armed forces and necessary for the performance of its specific missions and military security guarantee.

Article 4 jurisdiction of the Prime Minister 1-without prejudice to the powers inherent in the SIED and organic dependence of SIS and competences assigned by the Framework Law and other legislation of SIRP, and by this law, in particular the Prime Minister, approve the annual plan of activities of each of the services and their changes. 2-in the exercise of its supervisory powers, can the Prime Minister establish by order, guidelines and instructions on activities to be undertaken by SIED and by SIS. 5 3-Prime Minister may delegate to the Secretary-General any of the powers set out in the preceding paragraphs. 4-joint decree of the Prime Minister and the Member of Government responsible for the area of finance, the approval of each of the draft annual budget of the Office of the Secretary General and common structures, the SIED and SIS.

Section II performance Principles article 5 1 classified Activities-the activities of the Secretary-General, of your Office, the SIED of the SIS and common structures are considered, for all purposes, classified and of interest to the safeguarding of national independence, national interests, and external and internal security of the Portuguese State. 2-Are covered by State secrets the records, documents and files, as well as the results of analyses and the elements stored in data centers, the SIED and SIS, and in the files of the Office of the Secretary General, the SIED of the SIS and common structures, relating to matters set out in the Framework Law SIRP. 3-all research, analysis, interpretation, classification and conservation of information developed under the SIRP is subject to the duty of confidentiality, as defined by the law framework of SIRP.

Article 6 Limitations of activities 1-the Secretary-General, the members of your Cabinet and the employees and agents of the SIED of the SIS and common structures cannot develop activities involving threat or offence to the rights, freedoms and guarantees enshrined in the Constitution and in the law. 2-the members of the Cabinet and the employees and agents referred to in paragraph 6 shall exercise powers, practice acts or activities of the scope or the specific competence of the courts, the public prosecutor or of entities with police functions. 3-the members of the Cabinet and the officials and other servants referred to in the preceding paragraphs is still expressly forbidden to proceed to the arrest of any person or instruct investigations and criminal proceedings. 4-the breach of the previous paragraphs constitute serious violations of the functional duties liable to disciplinary action, up to dismissal or other measures involving the termination of service, regardless of the civil and criminal liability that the case fits, in accordance with the provisions of general law and Framework Law of SIRP.

Article 7 functions Deviation 1-members of the Office of the Secretary-General and the officials and servants of the SIED of the SIS and common structures cannot avail themselves of your quality, rank or function to any action of diverse nature of established institutionally. 2-the violation of the provisions of the preceding paragraph is punishable by disciplinary penalty, graduate in the light of the seriousness of the misconduct, which can go up to dismissal or other measure entailing the immediate removal from service, without prejudice to the provisions of the legal regime of ministerial offices, in the Framework of the Law and other applicable legislation SIRP.

Article 8 publicity waiver When founded security reasons or regarding the specificity of the warrant service, can the Government stakeholders determine, referring expressly to the waiver of publicising acts necessary for the execution of the diplomas of SIRP. 7 section III article 9 performance media access to data and information 1-The employees and agents of the SIED and SIS, duly identified and service mission, have a right of access to all public areas, albeit conditional access, and deprived of public access, considered essential to the pursuit of its competences. 2-the directors, Deputy Directors and heads of Department of the SIED and SIS have access to information and records relevant to the pursuit of its powers, contained in public files. 3-the form of access referred to in the preceding paragraph is carried out by means of a protocol.

Article 10 Obligation of cooperation


1-the services of the public administration, central, regional and local associations and public institutes, public companies or companies with public capital and utilities must provide to the Secretary-General, the SIED and SIS the collaboration which rightly prompted them. 2-the provisions of the preceding paragraph shall apply, mutatis mutandis, the private entities to develop relevant activity in the context of contractual relationship with the Portuguese State under the responsibilities of the Secretary-General, the SIED and SIS. 3-About the military and about the body responsible for the production of military information, special duty owing to collaboration that requires them, in accordance with the guidelines laid down by the competent authorities, to provide the SIED, at its request, the news and the information of which they have knowledge, directly or indirectly related to the safeguarding of national independence, national interests and the external security of the State Portuguese 8. 4-on the forces and security services laid down in internal security legislation, special duty owing to collaboration that requires them, in accordance with the guidelines laid down by the competent authorities, to provide to the SIS, at its request, the news and the information of which they have knowledge, directly or indirectly related to homeland security and the prevention of sabotage , terrorism, espionage and the practice of acts which, by your nature, can change or destroy the rule of law as constitutionally established.

Article 11 Obligation of cooperation 1-the Secretary-General cooperate with the entities which are indicated in accordance with the guidelines laid down by the Prime Minister, after hearing the Council of information. 2-SIED and cooperation with other entities of the SIS performs in compliance with instructions and guidelines imposed by the Secretary-General, in accordance with the guidelines laid down by the Prime Minister, after hearing the Council of information. 3-within the framework of the international commitments undertaken by the Portuguese State and within the limits of its specific assignments, the SIED and SIS may, under the conditions referred to in the preceding paragraph, cooperate with foreign counterparts, in all areas of their activities.

Article 12 1-identification and registration on grounds of convenience and security service officials and agents of the SIED and SIS to serve in operational departments can be coded their identity and category and include the issuing of legal documents by alternative identity protocol to be concluded between the Secretary-General and the responsible public entities. 2-the provisions of the preceding paragraph shall apply, mutatis mutandis, to the Media 9 materials and equipment used by employees and agents of the SIED and SIS, in particular operational service vehicles.

CHAPTER II of the Secretary-General section I skills and Office of the Secretary General article 13 the Secretary-General 1-it is incumbent upon the Secretary-General, in accordance with the law and other legislation of SIRP: a) Run the Prime Minister's determinations and decisions of supervisory bodies; b) guide the strategic planning of the SIED and SIS; c) Drive, in accordance with the General guidelines set by the Prime Minister, the foreign relations of SIRP; d) direct the activity of the SIED data centers and the SIS; and through Regular order classified), in the case of the SIED and SIS on proposals from the respective directors, the internal organisation, composition and competence of the SIED of the SIS services and common structures; f) Chair the Advisory Board of SIRP; g) preside over the administrative councils; h) Authorize, without prejudice to the powers of the administrative councils of the SIED themselves and the SIS, the realization of your Office's expenses, the SIED of the SIS and common structures, up to a maximum legally established for cases of delegation of competence in Secretary of State; I) appoint, acting on a proposal from the respective directors, Deputy Directors of the SIED and the SIS and, unless provided otherwise, the remaining directors and other personnel; 10 j) appoint the directors and other staff of common structures; l) Determine, on a proposal of the directors of the intelligence services, the termination at any time and for mere convenience of service, functional link of the SIED and SIS; m) Determine the termination at any time and by mere convenience, functional link service of the staff of common structures; n) Exercise disciplinary jurisdiction over employees and agents that you are organically and functionally subordinate; the) approve, on a proposal of the directors of the SIED and SIS, internal regulations relating to matters provided for in the legislation of SIRP, particularly in terms of training, evaluation and other indispensable to the proper functioning of the services, except in cases where this law has differently; p) Practice the acts provided for in the regulations referred to in the preceding sub-paragraph; q) Determine the means of identification of the members of your Cabinet and the employees and agents of the SIED of the SIS and common structures; r) Authorise, on a proposal of the directors of the SIED of the SIS or common structures, movements of staff and agents in service abroad; s) approving, on proposals from the respective directors, the annual reports of the SIED and SIS; t) to issue orders and instructions in other substances referred to in the law. 2-the Secretary General may, by reasoned order, determine the total or partial waiver of the formalities laid down in the general law for the implementation of expenditure referred to in paragraph (h)) of the preceding paragraph and which are within the competence of the administrative councils of the SIED and SIS, whenever reasons of security or regarding the specifics of your Office , the SIED of the SIS or common structures so warrant.

Article 14 Office of the Secretary General 1-the Secretary-General offers Office, which applies, in accordance with the law framework of SIRP, the legal regime of ministerial offices. 2-The head of the Office responsible for coordination of the Cabinet, the other 11 competencies set out in the scheme of the offices and the exercise of delegated to it.

Section II Advisory Board of SIRP article 15 Composition of the Advisory Board of SIRP


1-the Advisory Board of SIRP is an organ of consultation with the Secretary-General. 2-are members of the Advisory Board of SIRP, within the framework of the tasks of the SIED: a) the director-general of National defence policy of the Ministry of national defence; (b)) the director-general of foreign policy of the Ministry of Foreign Affairs; c) responsible for the military intelligence agency. 3-are members of the Advisory Board of SIRP, within the framework of the tasks of the SIS: a) the Commander-General of the National Republican Guard; (b)) the national director of the Public Security Police; (c)) the national director of the judicial police; d) the director-general of the Foreign Service and borders. 4-Participate in the Advisory Board of the SIRP, regardless of the scope of your meeting, the directors and Deputy Directors of the SIED and SIS. 5-determination of the Secretary-General, may attend the meetings of the Advisory Board of SIRP representatives of other entities whose appearance is essential to the pursuit of its mission. 6-the Advisory Council brings together the convened SIRP Secretary-General, whenever necessary, with all or some of its members, depending on the nature of the business. 7-where the Secretary-General considers it necessary, the Advisory Board of SIRP brings together permanently, its members may be represented. 8-the Secretary-General competes to approve, by order, after hearing the entities referred to in paragraphs 2 and 3, the operating rules of the Advisory Board of SIRP. 9-the Secretariat of the Advisory Board of SIRP is ensured by the Office of the Secretary General. 12 article 16 Competence of the Advisory Board of the Advisory Council of SIRP SIRP:) Advise the Secretary-General, regarding the safeguarding of national independence, national interests, external security and internal security, in making decisions relating to the exercise of its powers, in particular as regards SIRP joint with the armed forces, military intelligence agencies , organs responsible for defense policy, foreign policy and forces and security services; (b)) to advise the Secretary-General on the adoption of appropriate measures to centralization, operation and use of all information concerning objectives legally committed to SIRP bodies; c) give an opinion on any other matters submitted to it within the framework of the tasks of the SIED and SIS.

Section III common Structures article 17 1 common structures – within the framework of the common structures provided for in the law framework of SIRP sharing by information services, common departments are created in support of institutional activities of the SIED and SIS. 2 – Are common departments: a) the common Department of human resources; b) the Department of finance and common general support; c) common Department of information technologies; d) Common Security Department. 13 article 18 1 organisation of the common structures-common structures are organic units of management level of services. 2-each Department of common structures has a Department director, Office of intermediate direction of 1st degree, named in Commission by the Secretary-General. 3-By order of the Secretary General, in the departments of common structures, areas can be created, organic division-level units, up to a maximum set by order of the Prime Minister, headed by area directors, middle management positions of 2nd degree.

Article 19 Joint Human Resources Department 1-common human resources department shall be responsible for the development of activities as the recruitment, selection, training, career management and document processing. 2-The common human resources department competes in particular: a) the recruitment, selection and provision of personnel; b) career management, including the promotion and progression; c) the initial and continuing training, internal and external, of the employees and agents, including training of compulsory nature and exchange of training; d) psychological support and advice to employees and agents; e) library management, media library and other organizations of documentary stocks and the documentary treatment.

Article 20 joint Department of finance and general support 1-common Department of finance and general support is up to the 14 development activities as the management and personnel administration, financial management and budgetary control, asset management and instrumental support. 2-joint Department of finance and general support competes in particular: a) the processing of salaries, allowances and discounts; (b) maintenance and updating of) personnel, record and biographical record of the herds; (c)) The procedures relating to procurement of goods and services; d) support for the preparation and implementation of the business plans, budget and Treasury management and reporting and documentation required by the legislation in force; and property management) and furniture; f) the control of the budgetary implementation and the legality of expenditure; g) the preparation of the social balance sheet, in accordance with applicable law; h) other actions and procedures concerning the financial management and administration, assets and personnel. 3-the director of the Department of finance and general support common competes prepare annual budget drafting Office of the Secretary General and common structures and support the preparation of the budgets of the SIED and SIS, and the relevant amendments.

Article 21 joint Department of information technologies


1-The common Department of information technologies it is for the development of activities as the management and maintenance of the information technology, communications and their networks and technical support to secure communications systems and data centres. 2-joint Department of information technologies, in particular: a) the maintenance and development of the physical and logical structures of the computer system; b) technical support to users in the exploitation, management and maintenance of equipment and networks 15; c) the management of telephone exchanges and other voice and fax systems; d) technical support for the operation of secure communications, including with other services and national and international institutions; and) regulatory procedures standardization in computer security; f) technical support data centres and information services to the common security department in pursuing their respective internal audit assignments; g) other actions and procedures relating to information and communications technologies.

Article 22 common security Department 1-Common Security Department is up to the development of activities about personal safety, physics and materials classified. 2-Common Security Department competes in particular: a) normalization of normative procedures in physical security and personnel documentation; b) the disregard of safety regulations, with possible use of technical support provided by other services; c) the detection of vulnerabilities in the context of the safety of personnel, physical and materials classified.

Section IV financial management of the Office of the Secretary General and common structures article 23 Administrative Council SIRP-administrative 1 SIRP is composed by the Secretary-General, who chairs, by the Chief of staff and the director of the joint Department of finance and support 16. 2-The Board of Directors of SIRP competes: a) the administration of the budget and the provision of their accounts; b) the approval of the management account to be submitted to the Court of Auditors; c) fixing of revolving funds kept in cash to cover expenses which must be immediately liquidated; d) the definition of the rules of budget management, in particular with regard to expenses that can be classified and especially classified. 3-The common Finance Department director and general support in particular, preparing the annual budget and its changes, in compliance with the guidance of the Secretary-General. 4-In case of absence or impediment, the Secretary-General shall be replaced as President of the Board of Directors of SIRP for your Chief of staff.

Article 24 recipes from the Office of the Secretary General and common structures 1-Constitute revenue of the Office of the Secretary General and common structures: a) The appropriations allocated by the State budget; b) balances of management; c) other revenues that by law are assigned. 2-In the State budget are specified global appropriations assigned to the Secretary-General. 3-The appropriations referred to in the preceding paragraphs refer to the Office of the Secretary General and common structures.

Article 25 costs of the Office of the Secretary General and common structures 1-expenses of the Office of the Secretary General and common structures are divided into normal, classified and especially classified. 2-normal expenses, classified and especially classified, to sign up for 17 counts of global allocations contemplated in the budget of the Office of the Secretary General and common structures, under the law of State budget Framework, are defined by order of the Secretary General. 3-expenditure classified and especially classified are excused from prior supervision by the Court of Auditors and, in whole or in part, of the formalities and are justified and processed by simple Administrative Council document, signed by two of its members, one of whom is the President. 4-in the import or acquisition of vehicles, safety equipment, telecommunications, electronics, laboratory, armament, ammunition and others also used for security purposes, for the Office of the Secretary General or common structures, can the Member of Government responsible for the area of finance, in accordance with the law, to grant exemption from taxes, fees and charges.

Chapter III of section I SIED Mission and purpose article 26 tasks of the SIED Fits the SIED, within the framework of their specific responsibilities, promote, by systematic research, analysis and processing of news and dissemination and information file produced and, in particular: a) Trigger the technical and human resources that have been gifted to the production of information by developing your activity in accordance with the guidelines laid down by the Prime Minister and within the framework of instructions and directives from the Secretary-General; b) draw up studies and prepare the documents are determined; c) disseminate information produced, punctual and systematic manner, the entities which are indicated; d) Communicate to the competent authorities for criminal investigation and for the exercise of criminal action 18 the configurable as illicit criminal facts, safeguarded in law on State secret; and notify the competent bodies) in accordance with law, the news and information of which it has knowledge and relating to State security and the prevention and repression of crime.

Section II organs, services and directors of the SIED article 27 organs and services of SIED


1-SIED organs: a) the director; b) the Board of Directors. 2-beyond the data center, which operates under the Framework of the Law and of the provisions in this SIRP law, can be created by order of the Secretary General, until six operational departments, organic units of management level of services, as well as areas, organic division-level units, up to a maximum set by order of the Prime Minister. 3-By order of the Secretary General, preceded by consultation with the Member of Government responsible for Foreign Affairs, can be representations of the SIED abroad, whose organization and activity are laid down in the regulation itself. 4-the places in representations of the SIED abroad are provided by order of the Secretary General, on a proposal from the director, the choice falls on individuals of superior technical career SIED information or SIS, or recognized civic probity, high professional competence, enabled with licenciatura or with valid experience for the exercise of its functions. 5-The persons appointed pursuant to the preceding paragraph maintains the right to place the source service, safeguarding of rights also promotion and progression. 6-the status remuneration, allowances and other allowances of the staff of 19 representations of the SIED provided for in the preceding paragraphs shall be fixed by joint decree of the Prime Minister and the Member of Government responsible for the area of finance.

Article 28 Director of SIED 1-SIED is headed by a director, who is the guarantor of your regular functioning and responsible for maintaining the fidelity of your performance to the aims and legal objectives, within the framework of instructions and directives from the Secretary-General. 2-it is, in particular, to the director of the SIED:) Represent the SIED; b) participate in the Board of Directors; c) Issue work orders and instructions it deems appropriate, within the framework of the powers legally committed to SIED; d) submit to the tutelary approval all acts that were failing; and) perform the determinations of the Prime Minister and the Secretary-General and the deliberations of the supervisory bodies defined by law under the SIRP; f) Exercise disciplinary authority, within the limits that the law determine; g) draw up an annual report on the activities of the SIED. 3-the director is assisted by the Deputy director, his replacement in their absences and impediments.

Article 29 leaders of SIED the personnel of SIED covers the following categories: a) Director, Office of superior direction of 1st degree; b) Deputy Director, Office of superior direction of 2nd degree; c) Department Director, Office of intermediate direction first degree; d) area Director, Office of intermediate direction of 2nd degree. 20 section III financial management of SIED SIED Administrative Board article 30 1-the Board of Directors of the SIED is composed by the Secretary-General, who presides over and holds the casting vote, by the director and the Deputy director of the SIED and by the director of the joint Department of finance and general support. 2-The Board of Directors of the SIED competes: a) the administration of the budget and the provision of their accounts; b) the approval of the management account to be submitted to the Court of Auditors; c) fixing of revolving funds kept in cash to cover expenses which must be immediately liquidated; d) the definition of the rules of budget management, in particular with regard to expenses that can be classified and especially classified. 3-The common Finance Department director and general support in particular, support the preparation of the annual budget and its changes, in compliance with the guidance of the Secretary-General. 4-in the absences and impediments of the Secretary-General, the director of the Administrative Council of the SIED SIED and the Secretary-General be represented by Cabinet element for you indicated.

Article 31 1-SIED recipes Are recipes of SIED: a) The appropriations allocated by the State budget; b) balances of management; c) other revenues that by law are assigned. 2-In the State budget are specified global appropriations assigned to SIED. 21 Article 32 SIED 1 expenditure-expenditure of SIED are divided into normal, classified and especially classified. 2 – normal expenses, classified and especially classified, signing on behalf of the global appropriations included in the budget of the SIED, under the law of State budget Framework, are defined by order of the Secretary General. 3-expenditure classified and especially classified are excused from prior supervision by the Court of Auditors and, in whole or in part, of the formalities and are justified and processed by simple Administrative Council document, signed by two of its members, one of whom is the director of SIED. 4-in the import or acquisition of vehicles, safety equipment, telecommunications, electronics, laboratory, armament, ammunition and others also used for security purposes, intended for SIED, can the Member of Government responsible for the area of finance, in accordance with the law, to grant exemption from taxes, fees and charges.

CHAPTER IV of the SIS section I Mission and purposes article 33 duties of the SIS is up to the SIS, in the context of their specific responsibilities, promote, by systematic research, analysis and processing of news and dissemination and information file produced and, in particular: 22 a) Trigger the technical and human resources that have been gifted to the production of information by developing your activity in accordance with the guidelines laid down by the Prime Minister and within the framework of instructions and directives from the Secretary-General; b) draw up studies and prepare the documents are determined; c) disseminate information produced, punctual and systematic manner, the entities which are indicated; d) Communicate to the competent authorities for criminal investigation and to pursue the prosecution facts as illicit criminal, configurable safeguarded in law on State secret; and notify the competent bodies) in accordance with law, the news and information of which it has knowledge and relating to internal security and the prevention and repression of crime.

Article 34 territorial scope of operation of SIS SIS territorial jurisdiction coincides with the space subject to the sovereign powers of the Portuguese State.

Section II organs, services and directors of SIS


Article 35 Organs and services from SIS 1 SIS: organs-a) the director; b) the Board of Directors. 2-beyond the data center, which operates under the Framework of the Law and of the provisions in this SIRP law, can be created by order of the Secretary General, until six operational departments, organic units of management level of services, as well as areas, organic division-level units, up to a maximum 23 limit set by order of the Prime Minister. 3-by order of the Prime Minister and the Member of Government responsible for the area of finance, can be created regional directorates and the SIS, delegations consisting of nuclei of elements belonging to the operational services and administrative support, with structures tailored to specific purposes taken into view.

Article 36 Director of SIS 1-SIS is headed by a director, who is the guarantor of your regular functioning and responsible for maintaining the fidelity of your performance to the aims and legal objectives, within the framework of instructions and directives from the Secretary-General. 2-it is, in particular, to the director of the SIS: a) Represent the SIS; b) participate in the Board of Directors; c) Issue work orders and instructions it deems appropriate, within the framework of the powers legally committed to the SIS; d) submit to the tutelary approval all acts that were failing; and) perform the determinations of the Prime Minister and the Secretary-General, and the deliberations of the supervisory bodies defined by law under the SIRP; f) Exercise disciplinary authority, within the limits that the law determine; g) draw up an annual report on the activities of the SIS. 3-the director is assisted by the Deputy director, his replacement in their absences and impediments.

Article 37 leaders of the SIS the SIS personnel covers the following categories: a) Director, Office of superior direction of 1st degree; b) Deputy Director, Office of superior direction of 2nd degree; 24 c) Department Director, Office of intermediate direction first degree; d) area Director, Office of intermediate direction of 2nd degree.

Section III financial management of SIS SIS Administrative Council article 38 1-the Board of Directors of SIS is composed by the Secretary-General, who presides over and holds the casting vote, by the director and the Deputy director of the SIS and the director of the joint Department of finance and general support. 2-The Board of Directors of the SIS shall: a) the administration of the budget and the provision of their accounts; b) the approval of the management account to be submitted to the Court of Auditors; c) fixing of revolving funds kept in cash to cover expenses which must be immediately liquidated; d) the definition of the rules of budget management, in particular with regard to expenses that can be classified and especially classified. 3-The common Finance Department director and general support in particular, support the preparation of the annual budget and its changes, in compliance with the guidance of the Secretary-General. 4-in the absences and impediments of the Secretary-General, the director of the Board of Directors of SIS SIS, and the Secretary General be represented by Cabinet element for you indicated.

Article 39 1 SIS-recipes Are recipes of the SIS: a) The appropriations allocated by the State budget; b) balances of management; c) other revenues that by law are assigned. 25 2-In the State budget are specified global appropriations allocated to SIS.

Article 40 expenditure of SIS 1 SIS-the costs are divided into normal, classified and especially classified. 2-normal expenses, classified and especially classified, signing on behalf of the global appropriations included in the budget of the SIS, in accordance with the law of State budget Framework, are defined by order of the Secretary General. 3-expenditure classified and especially classified are excused from prior supervision by the Court of Auditors and, in whole or in part, of the formalities and are justified and processed by simple Administrative Council document, signed by two of its members, one of whom is the director of the SIS. 4-in the import or acquisition of vehicles, safety equipment, telecommunications, electronics, laboratory, armament, ammunition and others also used for security purposes, intended for the SIS, can the Member of Government responsible for the area of finance, in accordance with the law, to grant exemption from taxes, fees and charges.

Chapter V of the processing of personal data article 41 1 data centers-each offers information services data center for the purpose of carrying out their duties, to which process and save on magnetic or other file data and information collected and processed. 2-Each one of the data centers work under the guidance of the Secretary-General, through its director, leader of first degree, nominated and 26 exonerated by the Prime Minister, on a proposal from the Secretary-General. 3-service fees of the directors referred to in the preceding paragraph have the duration of three years and shall be considered automatically renewed until 30 days before your term, the entity responsible for exoneration or the person concerned has not expressly manifested the intention to make them cease, without payment of any compensation. 4-Notwithstanding the previous paragraph, the service commissions can be given by the end all the time, for convenience of service, without notice and without any compensation. 5-the directors of the data centers are responsible for the processing of personal data in accordance with the law.

Article 42 Direction and operation criteria and technical rules necessary for the operation of data centers, as well as the regulations are indispensable to ensure the security of the information processed, are elaborate and acquire enforceability under articles 23 and 24 of the Framework Law of SIRP.

Article 43 data access


1-Without prejudice to the provisions of the Framework Law on monitoring and access SIRP the Secretary-General, through the director of data centers, no foreign entity SIED or SIS may have direct access to the data and information stored in their data centers. 2-By order of the Prime Minister, listened to the Supervisory Board of SIRP, are defined the conditions under which information stored in data centres of the SIED and SIS can be supplied to organs and services provided for in the Framework Act on safety legislation and SIRP. 3-access for employees and agents of the SIED and SIS to data and information stored in data centers is regulated by order of the Secretary General. 27 4-employee or agent who access, try to access, communicate or make use of the data or information in violation of the provisions of the preceding paragraph shall be punished with penalty corresponding to serious disciplinary offence of functional duties, without prejudice to the provisions of the Framework Law SIRP. 5-the right to cancellation and rectification of data shall apply the provisions of article 27 of the law framework of SIRP.

CHAPTER VI of the staff section I General provisions article 44 private Framework to the staffing of the SIED of the SIS and common structures applies the global allocation scheme and the respective boards staff appropriations are approved and amended by joint Ordinance of the Prime Minister and members of the Government responsible for the areas of finance and public administration.

Article 45 1 functional Link-the places of SIED, SIS staff and common structures are provided exclusively by administrative provision contract or on a Commission basis for service employees, agents, other workers of the public administration, judicial or Public Ministry magistrates, diplomats, military personnel or requested public companies , subsidiaries or utilities. 2-service commissions have a duration of three years and shall be considered automatically renewed until 30 days before your term, the entity responsible for exoneration or the person concerned have not manifested expressly the intention of 28 to cease, without payment of any compensation. 3-the employee appointed under the Service Commission Secretary-General, obtained the consent of the governing body, as much of the source service. 4-When the designation fall in judicial magistrate or public prosecutor, diplomat, civil servant or military Armed forces, respect the respective statutory laws. 5-the nomination in Committee of employee service to serve in the SIED in the SIS or in common structures, determines the vacancy on the Board of origin, being safeguarded all rights inherent in their former positions or functions, in particular for the purposes of promotion and progression. 6-the contracts referred to in paragraph 1 fall within the competence of the Secretary-General and valid for two years, and subsequently renewed tacitly.

Article 46 early functions and functional uniqueness 1-the personnel designated to serve in the Office of the Secretary General, the SIED in the SIS or in common structures considered on duty from the date of dispatch of your appointment or the date that it is referenced. 2-The orders of appointment and removal does not require publication in the Diário da República. 3-The employees and agents of the SIED of the SIS and common structures may not engage in any other occupation, whether public or private, paid or free, except in the cases of the SIED and SIS, upon prior authorization of the respective directors and, in the common structures, the Secretary-General, in the case of teaching or research or other activities that do not unreasonably conflict with the interests of the service. 29 Article 47 1 permanent Service-the service in the Office of the Secretary General, the SIED in the SIS and in common structures requires total availability and is permanent and obligatory, not being subject to rigid schedules of work. 2-the members of the Office of the Secretary-General and the officials and servants of the SIED of the SIS and common structures fulfil orders imposed by the Secretary-General or by the directors of the SIED of the SIS or by the director of the common department concerned, respectively, and may not refuse, without a justified reason, to appear or to remain in service beyond the normal period of work or to play any mission of service provided that compatible with their functional categories. 3-providing outstanding service does not imply any remuneration.

Article 48 Shift the service continuously in shifts is remunerated by order of the Secretary General, in accordance with the general scheme.

Article 49. ° Termination of functional-link


1-the Secretary General may, upon a proposal by the directors of the SIED or SIS, at any time and by mere convenience, service to end the Commission of any official service or terminate or change the administrative contract, upon request of the director, any agent of the SIED or SIS. 2-the simple invocation of the service constitutes valid grounds convenience and sufficient for the decision on the termination of the service, as just cause for the termination of the contract, assuming, when another justification is not expressly indicated that the invocation of the convenience of 30 service is always based on functional inability of the employee or agent in the face of institutional specificity of the service concerned. 3-the Commission service cessation may be without notice and does not give rise to any compensation and termination or amendment of the administrative contract can take place without warning, giving rise to compensation in general terms. 4-the preceding paragraphs shall apply to officials and other servants of the common structures, by decision of the Secretary-General. 5-upon termination of service, the employee is entitled to be integrated in the personnel of origin or place of service or body frame for where have been transferred their duties and responsibilities in accordance with the following rules: a) If the service cease earlier than five years ago, in the category that the employee possess the source service; b) If the service extends for more than five years, the employee can opt for integration into category and grade equivalent to those that possess the SIED in the SIS or in common structure in question, except for personnel. 6-in the frames of the source staff are created the posts required for the implementation of established under (a)) and (b)) of the preceding paragraph, which are extinct as they wander freely. 7-the creation of the places referred to in the preceding paragraph is made by joint decree of the Prime Minister and members of the Government responsible for the area of finance and tutelage, take effect from the dates on which cease service commissions in SIED in the SIS or in common structures of employees to which the intended places.

Article 50. ° State link Acquisition 1-When completing six years of uninterrupted service, the agent provided by administrative contract or the leader in service on the SIED in the SIS or in common structures automatically acquires definitive bond to the State. 2-Before expiry of the period referred to in the preceding paragraph, the directors of SIED, 31 SIS and the Secretary-General in the case of common structures are pronounced on the fitness and suitability of the agent, and the omission of such opinion shall not prevent the provisions of the preceding paragraph. 3-Acquired the bond to the State pursuant to paragraph 1, the Commission service cessation in Office Manager determines the integration of employee in the career of service or common structure in which he served and in the category and rank corresponding to the time of service. 4-If the staff who have acquired definitive bond to the State pursuant to paragraph 1, should be relieved of duties for the reason indicated in paragraph 1 of the preceding article or intends to cease functions, is integrated in the personnel of the General Secretariat of the Presidency of the Council of Ministers, in the category equivalent to possess in service and step in to meet. 5-in the personnel of the General Secretariat of the Presidency of the Council of Ministers are created the posts required for the implementation of the established in the preceding paragraph, which are extinct as they wander freely. 6-the creation of the places referred to in the preceding paragraph is made by joint decree of the Prime Minister, the Member of Government responsible for the area of finance and a member of the Government that has your Office, take effect from the dates on which the agents who are destined for the places concerned service functions cease.

Section II rights and obligations Article 51. ° General scheme 1-the members of the Office of the Secretary-General and the officials and servants of the SIED and SIS and common structures subordinate all professional activity the objectives and institutional purposes of SIRP and develop your acting in accordance with the basic principles and norms contained in the Law framework of SIRP and other applicable legislation. 2-Notwithstanding the provisions of this Act, the members of the Office of the Secretary General and 32 employees and agents of the SIED of the SIS and common structures have rights and are subject to the duties and the common incompatibilities the General arrangements of employees and agents of the public administration.

Article 52 residence


1-the members of the Office of the Secretary-General and the officials and servants of the SIED of the SIS and common structures must reside in a locality situated within 50 km of the place where carry out their functions, and may reside in another location, provided that there is no breach of permanent availability for the service and upon order of authorization of the Secretary-General. 2-installation, necessity of service, outside the habitual residence of the employee or agent of the SIED of the SIS or common structures, gives right to: a) In national territory, to exemption from duty for a period of 8 days for installation, and a quantitative allowance equal to 30 days of subsistence allowance if the transfer process on the continent for locale away from Headquarters more than 50 km , or 60 days if the continent to the autonomous regions, among these, or these to the Mainland; b) abroad, the waiver of service for a period of 15 days for installation, and a quantitative benefit equal to 90 days of subsistence allowance; c) to the payment of travel expenses of members of your household, whereas for this purpose the spouse or attached as a matter of fact, the minor children, and any relatives in a straight line that are exclusively the responsibility of the employee or agent. 3-By order of the Secretary General and acting on a proposal from the director of the SIED or SIS or the directors of Department of common structures, is approved the regulation of placements and movements of people. 4-in the case of subparagraph (b)) of paragraph 2 can still be defined by order of the Secretary General an additional amount to be allocated taking into account the particular travel destination, with a maximum set by order of the Secretary General and set the Member of Government responsible for the area of finance. 33 article 53 1 Housing-the Secretary General, the Chief of staff, the directors and Deputy Directors of the SIED and SIS are entitled, while exercising, the furnished house for your housing, or the compensation allowance to be fixed by the Prime Minister and the Member of Government responsible for the area of finance. 2-in cases where there is no place to travel, the Secretary-General may set the installation allowance appropriate to the expenditure actually incurred by members of your Office, as well as to officials and other servants of the SIED of the SIS and common structures, with maximum set by order of the Secretary General and the Member of Government responsible for the area of finance.

Article 54. ° 1-the right to Remuneration remuneration constitutes with the beginning of the financial year. 2-in cases where the effective start of functions is preceded by an apprenticeship or traineeship, the right to remuneration is constituted with its beginning and the index set to the respective category of stage or, for the ticket. 3-the basic monthly remuneration of the members of the Office of the Secretary General in the remuneration regime applicable to members of the ministerial offices. 4-the basic monthly remuneration of the directors of the SIED and positions of the SIS is established in diploma supplement. 5-the directors and Deputy Directors of the SIED and SIS is assigned a monthly allowance for representation expenses, to be fixed by order of the Prime Minister and the Member of Government responsible for the area of finance, in an amount not exceeding 20% of base pay. 6-indiciárias scales applicable in the careers of the SIED special bodies, the SIS and common structures are established in diploma supplement. 7-the value 100 index applicable to careers referred to in the preceding paragraph shall be fixed by joint decree of the Prime Minister and members of the 34 Government responsible for the areas of finance and public administration.

Article 55 1-Supplement by the burden of their specific functions, namely the greater physical risk, and the Secretary-General, the members of your Cabinet and the employees and agents of the SIED of the SIS and common structures are entitled to a supplement whose amount is graduated according to the specific working conditions. 2-the supplement referred to in the preceding paragraph shall be fixed by joint decree of the Prime Minister and members of the Government responsible for the areas of finance and public administration. 3-the add-in is considered as salary and in this integrated, in particular for the calculation of holiday bonuses and Christmas and the retirement or pension, in accordance with applicable law.

Article 56 daily allowance and allowance for travel expenses 1-where members of the Office of the Secretary General and employees and agents of the SIED of the SIS or common structures move in service, are entitled to a daily allowance and the allowance for transportation expenses, in accordance with the general law. 2-If, for reasons of service, the expenditure actually incurred by the persons referred to in the preceding paragraph exceed the amount of the allowance established in the general law, are pockets the difference considered justified by the Administrative Council, with maximum set by order of the Secretary General and the Member of Government responsible for the area of finance. 35 article 57 compensation option, the Secretary-General, the members of your Cabinet and officials of the SIED of the SIS and linked to common structures and bodies of Public Administration, the judiciary or the Public Ministry, the armed forces and of the forces and the security services can opt for the remuneration status of origin, without prejudice to gain specific supplements attributed to personnel of the SIED and SIS. Article 58. ° Accident and occupational disease 1-members of the Office of the Secretary-General and the officials and servants of the SIED of the SIS and common structures, when victims of accident in the performance of functions, are entitled to full remuneration, supplements and allowances stipulated in this law while remain in treatment and convalescence. 2-If, in the exercise of its functions, the persons referred to in the preceding paragraph shall apply, disabled stay as appropriate, existing legislation for elements of the armed forces or security forces. 3-By joint decree of the Prime Minister and the Member of Government responsible for the area of finance, may be authorised the payment of life insurance premium on the persons referred to in paragraph 1 and, for those who have the charge of driving your car to the service of the Office of the Secretary General, the SIED of the SIS or common structures, fleet insurance premium.


Article 59 1-progression and promotion according to the evaluation factors set in diploma supplement, the people named in service and the staff can be provided in the superior category, by placing the action of specific training and 36 documentary contest, after fulfilment of the modules of time laid down for this purpose. 2-the career development of the staff of the SIED of the SIS and common structures follows the established in diploma supplement.

Article 60 and Use permit for the right to use and carry firearms by employees and agents of the SIED of the SIS and common security Department is regulated by joint decree of the Member of Government responsible for Internal Administration and the Secretary-General.

SECTION III Recruitment and personnel selection Article 61. ° Personnel and leadership 1-the director of the SIED and SIS are provided by order of the Prime Minister, after hearing the Secretary General and the choice falls on individuals of recognized suitability, high professional competence, civic enabled with degree and having valid experience for the exercise of its functions. 2-the Deputy director of the SIED and SIS are provided by order of the Secretary General, on a proposal from the director, the choice falls on individuals of recognized suitability, high professional competence, civic enabled with degree and having valid experience for the exercise of its functions. 3-the other personnel of the SIED and SIS is provided by order of the Secretary General on a proposal of the directors of the SIED and SIS, and the choice falls on individuals of superior technical career information or recognized civic probity, high professional competence, enabled with licenciatura or with valid experience for the exercise of its functions. 4-the personnel of the joint structures is provided by order of the Secretary General and the choice falls on individuals of superior technical career to support the activity of information or recognized civic probity, 37 high professional competence, enabled with licenciatura or with valid experience for the exercise of its functions. 5-the posts of director, Deputy director and other personnel of the SIED of the SIS and common structures are provided on a Commission basis with the duration of three years, which are considered automatically renewed until 30 days before your term, the entity responsible for exoneration or the person concerned has not expressly manifested the intention to make them cease , without the payment of any compensation. 6 – without prejudice to the provisions of the preceding paragraph, the service commissions can be given by the end all the time, for convenience of service, without notice and without any compensation. 7-After three years of continued exercise of functions in a specific department or area, the Department Directors and area of the SIED and SIS, and Department Directors and area of common structures may, in obedience to a system of rotation, be appointed by order of the Secretary General for other functions in Department or area. 8-The employees and agents of the SIED of the SIS and common structures appointed leaders of any of the services or common structures keep right to place in the source service, safeguarding of rights also promotion and progression.

Article 62. Of the other 1 personnel-Are indispensable conditions to recruitment for the private table of the SIED of the SIS or common structures the recognized civic probity, high professional competence and experience for the performance of duties, to be assessed on the basis of their résumés. 2-in the probationary period is given specific training for all careers in terms to be defined by order of the Secretary General, and obtaining utilization condition of admission. 3-the recruitment of superior technical career information is made of individuals with ongoing appropriate degree or who have 38 1 professional CV special developer skills for the exercise of functions in SIED in the SIS or in common structures, attested to by order of the Secretary General, since having the category of assistant coach, level 5 , technical-professional career information, and at least 18 years. 4-the recruitment of technical and professional career is made of information between individuals with the 12 year or equivalent. 5-recruitment of superior technical career in support of information activity is done among individuals with degree in course suitable for the performance of functions in the areas of support to the activity of information. 6-the recruitment of technical and professional career in support of information activity is done among individuals with technological course or equivalent. 7-the recruitment of auxiliary staff and worker is made of individuals with compulsory school. 8-The top technical personnel and technical-professional domain may be required written and spoken of at least two foreign languages and the license of passenger cars. 9-The other staff, may be required the knowledge of a foreign language and license for passenger cars.

Article 63. ° Special-1 Requirements Are special requirements of selection anywhere in the frame of the SIED, SIS private or common structures: a) Have Portuguese nationality; b) Have age not less than 21 years nor more than 40 years; c) not being covered by the Disabilities Act provided for in the law framework of SIRP; d) possess the qualifications referred to in the previous article; and) submit voluntarily and expressly the conditions of recruitment, selection and training that are fixed by order of the Secretary General; f) submit voluntarily and expressly to the duties imposed by law under the applicable legislation or other; SIRP 39 g) Submit declaration of assets and income, pursuant to the law for the public control of the wealth of holders of political office. 2-the special requirement of provision laid down in subparagraph (b)) of the preceding paragraph shall not apply to the recruitment for the posts of personnel. 3-the statements referred to in subparagraph (g)) of paragraph 1 are submitted prior to the start of and after the same functions and are part of the personal file of each employee or agent, who shall be subject to the confidentiality regime.


Section IV Internship, training and assessment article 64 1 Stage-Without prejudice to the requirement of conditions and requirements referred to in this law, join the SIED in the SIS or in common structures depends on admission on stage, with the duration of one year, regulated by order of the Secretary General, which is in compliance with the following rules: a) trainees who have ties to Public Administration keep during the internship, the right to place on the Board of origin; b) in the course of the internship may at any time be deleted not trainees who acquire the gradual utilization or reveal does not have conditions to adapt to functions for which they are intended; c) trainees who are excluded or not obtain approval stage return to the place of origin or are exempt depending on whether it, or not, of individuals linked to the State, not being due them, in both cases, any compensation; (d)) at the training course, the trainees who obtain approval are provided on ticket category of career for which they were recruited; and) stage when followed by filling in the category of ticket, is counted, for all legal purposes, as if it were provided in that category; f) shall apply to trainees already State-linked remuneration 40 option provided for in this law. 2-the nature and specificity of the duties to be performed, can the Secretary-General, exceptionally, exempt, in whole or in part, in the case of the SIED and SIS on a proposal based of their directors, the frequency of the stage to enter the careers referred to in the preceding paragraph. 3-employees and agents that unjustifiably require termination of service in any capacity, less than two years the provision referred to in subparagraph (d)) of paragraph 1, shall indemnify the service charges are incurred by your stage frequency.

Article 65. ° 1 Training-the common human resources department organizes training, specialization, updating and improvement considered appropriate for the performance of tasks assigned to different categories of staff forming part of the personnel of the SIED of the SIS and common structures. 2-is mandatory attendance at training and can only be granted exemption by the Secretary-General because ponderous, duly justified. 3-training the implementation and approval are necessary to access the category or higher nomination to place Manager are regulated by order of the Secretary General. 4-the frequency of the training and the result obtained by the recipients constitute admission or requirement for promotion in the frames of the SIED of the SIS and common structures.

Article 66. ° Performance evaluation the performance assessment system of officials and agents of the SIED of the SIS and common structures is regulated by complementary diploma. 41 section V disciplinary Regime Article 67. ° General provisions 1-The employees and agents of the SIED of the SIS and common structures, whatever your origin and form of provision, are since the beginning of the exercise of functions, subject to the discipline of the service and to the disciplinary powers of the entities that the direct and oversee. 2-in cases where the faults identified are punishable with penalties of compulsory retirement or dismissal, the Secretary-General may, for safety reasons, if the employee or agent has been provided in Commission, determine that the Commission considers should be given, and may order the consignment of the disciplinary proceedings to the competent authority of the Department of origin. 3-in the cases referred to in the first part of the preceding paragraph, if the employee or agent has been provided by contract, must be determined to the cancellation of the same.

Article 68. ° Special 1-Feathers Are special penalties applicable to officials and other servants of the SIED of the SIS and common structures: a) the cessation of service; b) the termination of the contract. 2-the penalty of termination of service shall apply to all employees or agents have linked to Public Administration: a) As for any accessory penalty disciplinary offence punishable by penalty equal to or higher than the fine; b) As principal penalty leaders, under the general law. 3-the penalty of termination of contract shall apply to employees or agents which are provided by contract, for any disciplinary offence that 42 matches worth equal to or greater than that of inactivity.

Article 69. ° Competence 1-disciplinary Secretary-General is the only entity responsible for the permanent cessation of the functional link your Office staff, the SIED of the SIS and common structures, not being hierarchical feature of its decisions with regard to disciplinary matters. 2-the directors of the SIED and SIS have competence to apply any disciplinary penalty up to inactivity, inclusive. 3-the directors of the operating departments of the SIED and SIS, in respect of the staff put their services depend, have jurisdiction to apply the penalty of reprimand. 4-the directors of the departments of common structures have jurisdiction to apply the penalty of reprimand.

Article 70. ° Preventive suspension 1-where the presence of the employee or agent is inconvenient for the service or for the establishment of truth can be preventively suspended from Office, upon a proposal by the instructor or the entity that initiate the process, by order of the Secretary General, without loss of pay and of category for a period of 90 days, renewable for an equal period until the decision process. 2-the preventive suspension not only takes place if the offence is punishable by a penalty of pointed reprimand or a fine.

CHAPTER VII transitional and final provisions Article 43 71. ° Social Services and health subsystem


1-employees that are under the conditions referred to in article 45 continue to enjoy rights and benefits equal to those enjoyed as a result of your registration in social services established in the departments. 2-Cabinet members and officials and agents who, before entering the Office of the Secretary General, the SIED in the SIS or in common structures were not beneficiaries of any social service are covered by the conditions of employment of staff of the Presidency of the Council of Ministers. 3-the procedures for granting social benefits and obligations by beneficiaries are defined by agreement to be concluded between the social services and the common Department of finance and general support, taking into account the specificity of Office of the Secretary General, the SIED of the SIS and common structures. 4-the agreement referred to in the preceding paragraph requires the approval of the Secretary-General and of the Member of the Government that oversee social services.

Article 72 1-transitional provisions installation and start of operation of common structures depend on order of the Secretary-General. 2-to the entry into operation of common structures, remains provisionally in force the current budgetary regime and keep existing organic units in operation in the SIED and SIS continue the assignments of those structures. 3-from the date of entry into force of this Decree which will regulate the careers, the superior technical personnel and technical and professional personnel of SIED and SIS information, may opt, within one year for the career you want to integrate. 4-Notwithstanding the preceding paragraph, the other employees and agents of the SIED and SIS can be provided in common structures. 44 5-until they pass the new regimes of careers, remuneration and performance evaluation of employees and agents of the SIED of the SIS and common structures, apply the regimes currently in force in the services.

Article 73 set Standard Without prejudice to the provisions of the preceding article are hereby repealed Decree-Law No. 225/85, of 4 July, as amended by decree-laws Nos. 369/91, of October 7, and 245/95 of 14 September and Decree-Law No. 254/95, September 30, except article 34 Seen and approved by the Council of Ministers of 22 June 2006 Prime Minister the Minister of Parliamentary Affairs Minister Presidency