Law No. 14 Of 24 February 1992 Concerning The Organization And Functioning Of The Romanian Intelligence Service

Original Language Title: LEGE nr. 14 din 24 februarie 1992 privind organizarea şi funcţionarea Serviciului Român de Informaţii

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Law No. 14 of 24 February 1992 (* updated *) on the Organization and functioning of the Romanian Intelligence Service (updated until March 14, 2016 *) ISSUER-PARLIAMENT-------chapter I Coordination, control and tasks Article 1 Romanian intelligence service is organized by State service specializing in the field of the information regarding the security of Romania, part of the national defense system, his work was organized and coordinated by the Supreme Council of national defence.
The activity of the Romanian Intelligence Service is controlled by the Parliament. Annually or when Parliament decides, the Director of the Romanian intelligence service, submit reports regarding the performance of the Romanian Intelligence Service, according to the law.
In order to exercise control of concrete and permanent, a Commission shall be set up between the two Rooms.
The organisation, functioning and modalities for exercising supervision shall be established by decision adopted by the Parliament.


Article 2 the Romanian intelligence service organizes and executes activities for collecting, verifying and valuing necessary information knowledge, prevention and combating of any actions that constitute, according to the law, threats to national security.


Article 3 Romanian intelligence service ensures the defence of State secrecy and prevention of leakage of information that, by law, cannot be disclosed.
Pursuant to the legal provisions concerning the State secrets defense, Romanian intelligence service organizes and executes the transport official correspondence with such character on the whole territory of Romania.


Article 4 at the request of the driver, the autonomous public institution's overhead or trading company, the Romanian Intelligence Service verifies and provides data on the persons who are to take up positions in those units, involving access to information and activity of a State secret or which, under the law, may not be disclosed.
There are exceptions to the provisions of paragraph 1. 1. judges, prosecutors, civil servants of the Ministry of national defense, Ministry of Interior, Ministry of Justice, the foreign intelligence service and the protection and Guard Service, which shall lay down its own measures to protect State secrets, according to the law.


Article 5 at the request of natural and legal persons from the private sector, the Romanian intelligence service assists for defending the secrets held by them and prevent leakage of information or data which cannot be made known to the public. Specialized assistance is provided for a fee, according to the agreed tariffs.
Specialized assistance is granted free of charge to the persons referred to in paragraph 1. 1, which runs the commands for the State, within the limits and on their duration, as well as those pursuing research in production times or about issues of national interest.


Article 6 Through its units, Romanian intelligence service: a) runs informative and technical activities to prevent and combat terrorism;
  

b) running anti-terrorist intervention on targets attacked or occupied by terrorists, in order to capture or annihilation of their hostages, liberation and restoring order. Antiterrorist intervention shall be carried out with the approval of the Executive Bureau of the Romanian Intelligence Service;
  

c) protecting antiterrorist Romanian and foreign dignitaries, as well as other officials, according to standards established by the Supreme Council of national defence.
  

Romanian intelligence service contributes to the achievement of the protection of counter-terrorist officials gardaţi of protection and Guard Service, in a situation when they are concerned with the threat of terrorist acts.
Romanian intelligence service can provide protection and other persons, antiterrorism at their request, according to the agreed tariffs.


Article 7 Romanian Intelligence Service Act for uncovering and combating the actions of initiation, organization or formation on the territory of Romania of the informational structures which may affect national security, accession to them or support them in any way, making retention times or using illegal means of interception of communications, as well as for the collection and transmission of information of a secret or confidential.


Article 8 Romanian intelligence service is authorized to possess and use appropriate means for obtaining, verification, processing and storing information regarding national security, according to the law.
Relationship with suppliers of electronic communication intended for the public, the National Center of the interception of Communications within the Romanian intelligence service, is appointed to obtain, process and store information in the field of national security. At the request of the prosecution bodies, the Center provides access directly and independently of their technical systems to execute technical supervision. 138 para. (1) (a). a) of the code of criminal procedure. Checking method of implementation within the framework of the national centre of the interception of Communications of such surveys shall be carried out according to art. 30 ^ 1 of law No. 304/2004 on judicial organisation, republished, with subsequent amendments and additions.
— — — — — — — — —-. 2 of art. 8 was introduced by section 1 of article. IV of the EMERGENCY ORDINANCE nr. 6 of 11 March 2016, published in MONITORUL OFICIAL nr. 190 of 14 March 2016.
Conditions of access to judicial bodies of technical systems are established through cooperation protocols concluded by the Romanian intelligence service with the Public Ministry, the Ministry of Internal Affairs, as well as with other institutions within which they operate, according to art. 57 paragraph 3. (2) of the code of criminal procedure, criminal investigation bodies.
— — — — — — — — —-. 3 of art. 8 was introduced by section 1 of article. IV of the EMERGENCY ORDINANCE nr. 6 of 11 March 2016, published in MONITORUL OFICIAL nr. 190 of 14 March 2016.


Article 9 in order to determine the existence of threats to national security, as referred to in art. 3 of law No. 51/1991 on Romanian national safety, with subsequent amendments, may be done by intelligence services, while respecting the rule of law, checks: to request and obtain) the objects, documents or official relations of the authorities or public institutions, namely the request from a legal person under private or from individuals;
  

b) consultation specialists times experts;
  

c) receiving complaints or notes of relationships;
  

d) fixing the operative times through shooting, shooting or by other technical means, or personal findings, regarding the activities carried out in public places, if it is not carried out systematically;
  

e) getting data generated or processed by providers of publicly available electronic communications network or service providers of publicly available electronic communications, other than content, and detained by them according to law.
  

Romanian intelligence service carried out by specialized laboratories and specialists ' own findings prepared or required under the law.
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Art. 9 was amended by section 1 of article. 30 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 10 In situations constituting threats to national security, the Romanian intelligence service, through frames designated for that purpose, carry out activities specific to the collection of information involving the restriction of the exercise of certain rights or fundamental freedoms, carried out according to the procedure laid down in law No. 51/1991, as amended, which shall apply accordingly.
Specific information collection activities, specified in paragraph 2. 1, are controlled by Parliament, within the limits and under the conditions provided by law.
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Art. 10 was amended by paragraph 2 of article 9. 30 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 11 where specific activities from the checks provided for in article 10. 9 and 10 result data and information showing the preparation or committing a criminal acts provided for by the law, they are forwarded to the prosecuting authorities under the conditions laid down in articles 81 and 82. 61 of the code of criminal procedure.
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Art. 11 was amended by section 3 of article 9. 30 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 12 in the event of the detection of a blatant infractions to the rules established by the national security law, of an assassination or terrorist act or preparatory acts or attempts at such offences, if they are punishable by law, Romanian Intelligence Service can retain făptuitor, surrendering it to the competent judicial organs without delay together with the Act of finding and related bodies.
At the request of the competent judicial bodies, designated frames from Romanian intelligence service may grant support for the implementation of activities of criminal investigation for safety infractions.
The prosecution have a duty to inform the Romanian intelligence service, any information or data relating to national safety, resulting from criminal activity.


Article 13


Romanian Intelligence Service organs may not perform acts of criminal investigation, I can get the measure of his detention or arrest, nor has its own detention facilities. Notwithstanding, the Romanian Intelligence Service may be designated special criminal investigation bodies pursuant to art. 55 paragraph 1. (5) and (6) of the code of criminal procedure for the bringing into force of warrants of survey under art. 57 paragraph 3. (2) the final sentence of the code of criminal procedure.
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Art. 13 was amended by paragraph 2 of article 9. IV of the EMERGENCY ORDINANCE nr. 6 of 11 March 2016, published in MONITORUL OFICIAL nr. 190 of 14 March 2016.


Article 14 In the performance of its duties, the Romanian intelligence service has been collaborating with the foreign intelligence service, the protection and Guard Service, the Ministry of national defense, Ministry of Interior, Ministry of Justice, the Public Ministry, the Ministry of Foreign Affairs, the Ministry of economy and finance, General Department of Customs as well as with other organs of the public administration.
The bodies referred to in paragraph 1. 1 are obliged to give each other the necessary assistance in carrying out the duties prescribed by law.


Article 15 with the approval of the Supreme Council of national defence, Romanian intelligence service may establish relations with similar bodies abroad.


Chapter II Organization and functioning of the Romanian intelligence service, the Board of Directors Section 1 Article 16 for the duties established by law, the Romanian intelligence service is headed by a Board of Directors, deliberative, composed of the Director of the Romanian Intelligence Service, first Deputy Director, heads of the Central and territorial units.
Board component is determined by the rules of procedure of the Romanian Intelligence Service, and its nominal classification is made by the director.
Chairman of the Board of Directors is the Director of the Romanian Intelligence Service. In the absence of the Director, the powers of the President's first Deputy Chief, and in his absence, by a Deputy Director of IE.


Article 17 the Board of Directors of the Romanian intelligence service meets, as a rule, quarterly meetings being convened by its Chairman.
In an emergency, at the request of at least one third of the number of its members or at the request of the Director, the Governing Board shall meet whenever necessary.


Article 18 the Board of Directors of the Romanian Intelligence Service operating in the presence of at least two-thirds of its members and shall take decisions if at least half plus one of the total number of members.


Article 19 in the meetings of the Board of Directors may be invited, as appropriate, representatives of some ministries or other bodies of public administration interested in examining problems subject to debate, as well as specialists from Romanian intelligence service or outside it.


Article 20 for the analysis of problems of general interest concerning safety, the Board of Directors may set up working groups comprising experts of the Romanian intelligence service or outside it.
The appointment of specialists from outside Romanian intelligence service, will be made with the consent of the central organs concerned.
Invitations and experts outside Romanian intelligence service, referred to in art. 19 and para. 1 of this article shall comply with the legal provisions concerning the defence of State secrecy.


Section 2 of the Executive Board Article 21 operatively of the Romanian Intelligence Service and the fulfilment of decisions of the Board of Directors shall be performed by the Executive Office.
The Executive Office shall consist of the director, the first Deputy Director and the Director's deputies.
Executive Chairman is Director of the Romanian Intelligence Service.


Article 22 the Executive Office of the Board of Directors of the Romanian intelligence service, meets bi-monthly, meetings being convened by the directors.
The provisions of article 18 and art. 19 shall apply accordingly to the Executive Office.


Section 3 of the Director of the Romanian intelligence service, Article 23 Romanian intelligence service is headed by a director, with the rank of Minister, appointed by the Chamber of Deputies and Senate in the joint meeting, on the proposal of the President, following the hearing of the one proposed by the Commission to exercise parliamentary control over the activity of the Romanian Intelligence Service, which will report in front of the two chambers of Parliament.
The appointment of the Director submits to Parliament the following oath: "I swear that I will carry out in good faith and impartiality, in full respect of the Constitution and laws of the country, my duties as director of the Romanian Intelligence Service."
In carrying out the duties devolving upon the Romanian Intelligence Service, the Director shall issue, in accordance with law, order and instruction.
Dismissal of the Director of the Romanian Intelligence Service is done by Parliament in a joint sitting of the two chambers, on the proposal of the President or of at least one third of the total number of deputies or senators.


Article 24 the Director of the Romanian Intelligence Service has a first Deputy, who is also his legal substitute, and 3 Deputy.
Prime Deputy Director of Romanian Intelligence Service Director and deputies have the rank of Secretaries of State are appointed by the President of Romania, at the proposal of the Director of the Romanian Intelligence Service.


Section 4-the structure of the Romanian intelligence service, Article 25 in the Romanian intelligence service, enter units and sub-units, in line with the specifics of its work, the equivalent of ministries.
Romanian Intelligence Service units are subordinate only to its leadership.
Romanian Intelligence Service units whose commanders have the status of authorising officers, terţiari shall be laid down by order of the Director of the Romanian Intelligence Service, have legal personality and use budget appropriations which they have been assigned.
— — — — — — — — — — — — the last paragraph of art. 25 was introduced by section 1 of article. in EMERGENCY ORDINANCE No. 52 of 12 June 2003 published in Official Gazette No. 452 of 25 June 2003.


Article 26 the structure, the mobilization of reservists, the Romanian Intelligence Service, as well as the rules of procedure of the Committee, shall be approved by the Supreme Council of national defence.
Executive Office of the Romanian Intelligence Service, according to needs, within the limits established by law and approved the herd, proposes the Supreme Council of national defence improving Romanian Intelligence Service structures and the redistribution of populations.


Chapter III Romanian Intelligence Service Staff article 27 Romanian intelligence services staff is composed of permanent military cadres and civilian employees that meet operational and administrative duties.
I can not turn the Romanian intelligence service who, as part of the repressive structures of totalitarian rule, have committed abuses, informers and collaborators, as well as former Communist Party activists guilty of acts directed against human rights and fundamental freedoms.
Military frames of the Romanian intelligence service, have all the rights and obligations laid down, for the Romanian Army soldiers, legal regulations, statutes and regulations.
Civilian employees are subject to the provisions of the labour code and other statutory provisions and regulations of the service information.


Article 28 Staff of Romanian Intelligence Service operates open or covered, in relation to the needs for achieving national security.
Romanian intelligence service will provide protection and employment in other units or bins of staff of the force, working, learn what is excluded in the circumstances not attributable to it.
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Art. 28 amended art. in accordance with law No. 181 of 9 October 1998 and published in the Official Gazette No. 389 of 14 October 1998.


Article 29 military Staff consists of graduates of educational institutions from their own system of military cadres have been selected and transferred from the Ministry of national defense or the Ministry of the Interior, on the basis of nominal Director requests, with the consent of the concerned ministers and experts called in frames.
Military personnel transferred from the Ministry of national defense, the Ministry of Internal Affairs and other sectors of activity fall within the exclusive management under the Romanian Intelligence Service.


Article 30 the selection, classification, and presentation of granting degrees in degree and in functions, transferring, suspending, termination or dissolution of the contract of employment shall be made according to the law, the rules of operation of the Romanian Intelligence Service, the officers and directors of bodies, WOS and non-commissioned officer and other laws.


Article 31 training is achieved through the education system or in specialized institutions of the Ministry of the Interior and the Ministry of national defense.


Article 32 Romanian Intelligence Service Staff shall identify themselves with the ticket office, and in operational missions, and with the badge of service. Bearer service model is provided in the annex. 1. Article 33


Military frames of Romanian Intelligence Service are entitled to uniform, which is free.
The categories of personnel to which the port during service uniform is required shall be determined by the Director of the Romanian Intelligence Service.
Grade insignia, uniforms and accessories shall be laid down in the Regulation for a description of the staff uniforms and Romanian Intelligence Service, approved by the Supreme Council of national defence.


Article 34 Romanian intelligence service may incorporate, for guarding and ancillary activities, through military organs, conscripts, based on requests addressed to the General staff, 60 days before the date of incorporation. Where livestock guarding its own is insufficient, they will provide troops within the gendarmerie troops.
Romanian intelligence service has organ mobilization, mobilization and running keep track of military and civilian personnel at the time of peace, as well as reservists.
Rules for the operation of this body shall be determined in agreement with the General staff of the Ministry of national defense.
Records of military personnel situation is held by the Romanian intelligence service, and for reservists and military bodies.


Article 35 of the staff from operational sectors to Romanian Intelligence Service officials are fulfilling tasks involving the exercise of State authority, with all the rights and obligations stipulated by law for this quality.


Article 36 Romanian Intelligence Service Personnel cannot be part of the political parties or other political organizations of the time and may not be used for political purposes.
Romanian intelligence service will not undertake any action that promote or do not adversely affect the interests of any political party or legal or natural person, except for those actions which run counter to national security.


Article 37 military and civilian employees Frames from Romanian intelligence service have an obligation to keep secret strictly and professionally, including after leaving the service in any way.
Any disclosure of any data or information known as a result of the quality of the employee of the Romanian intelligence service, except as permitted by law, is prohibited and punishable by law.


Article 38 survivors of Romanian Intelligence Service frameworks in time and because of work, owing to acts of exceptional devotion, shall be granted in full salary as a pension that had these frames at the time of his death.
If there is no surviving spouse and offspring, if the deceased was the sole supporter of his parents, they will receive half of the survivor, determined according to paragraph 1. 1. permanent disability pension, due to acts of exceptional devotion, is equal to the salary had at that time, and the cause will get a gratuity, once equal to five times the salary.
Romanian Intelligence Service frameworks have become partially incapacitated for work due to acts of exceptional devotion, and can no longer continue to exercise the profession will benefit outside of the rights arising from retirement, a gratuity equal to three times the salary had at that time.


Article 39 for special merits in the defence of national security of Romania, Romanian Intelligence Service frameworks can bestow decorations provided by law for soldiers of the armed forces.


Chapter IV material ensuring Article 40 Romanian intelligence service: a) develops and underlie the draft budget of the Romanian Intelligence Service, which consists of its own budget administered by the Chief authorising officer and from the budgets of the units with legal personality managed by instructing terţiari, ensure financing units, coordinates and controls the mode of administration, hiring and use of funds approved by the State budget law, by authorising officers under his control;
  

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Lit. the article) 40 was amended by paragraph 2 of article 9. in EMERGENCY ORDINANCE No. 52 of 12 June 2003 published in Official Gazette No. 452 of 25 June 2003.

b limit) approve its powers, economic and technical documentation for their own investment and pursue their enforcement within the time limits laid down;
  

c) performs the import-export activities of specific equipment and technical information work and appropriate technical assistance, according to the law;
  

d use weapons), maintenance and repair of armament, technology and other equipment, as well as rules for ammunition and other materials;
  

e) lay material and financial insurance, settlement, track and control the necessary materials and money subordinate units;
  

f) carry on any other powers conferred by law.
  


Article 41 Romanian intelligence service is equipped with weaponry, ammunition and combat technique necessary to the fulfilment of the missions of Defense and anti-terrorist intervention, mail transport, has its own guard and other missions.


Article 42 the monetary Funds needed to carry out the activities of the Romanian intelligence service shall ensure as follows: from the State budget, from extra-budgetary revenue, from foreign credits and other sources legally constituted.
Budget revenue shall consist of: the equivalent amount of goods valued according to sector specific legislation on national defence, public order and safety, of the amounts receivable from provision of services performed at the request of individuals and legal entities, by the Romanian Intelligence Service units in the areas and under the conditions laid down by order of the Director of the Romanian Intelligence Service, and other income under this law.
Extrabudgetary income earned in foreign currency, and will be used for financing current expenditure and capital, and left at the end of the credit will be carried over to the next year and will be used with the same destination.
Planning, record keeping, use, and control of the operational expenditure justification intended for carrying out the activity specific to the Romanian Intelligence Service is carried out in accordance with the General rules on this subject, adopted by the Supreme Council of national defence.
Buildings, means of transport, technical equipment and other material means necessary for Romanian Intelligence Service shall ensure by means of a decree of the Government or are acquired in accordance with the law.
Land and buildings in which they operate Romanian intelligence service are public property of the State.
Romanian intelligence service receives and administers public and private property ownership of the State, and may give them according to their legal regime, taking into account in the form of extra-budgetary income a share of 50% of the amount of rent received.
Romanian intelligence service has its own Park of means of transport for the headquarters and subordinate units, which is determined by the available tables of establishments, approved by the Director of the Romanian Intelligence Service.
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Art. 42 was modified by art. in EMERGENCY ORDINANCE No. 72 of 13 June 2002, published in Official Gazette No. 435 of 21 June 2002.


Article 43 under the control of the Parliament in relation to your own needs and with strict observance of the legal provisions, within the framework of Romanian Intelligence Service can operate: a directing, production companies, health institutions, and cultural associations-sports.


Chapter V final provisions Article 44 if necessary and when using other means of coercion or involvement is not possible, Romanian Intelligence Service personnel, authorized to carry the weapon, force of arms can be used with either white or firearms as provided by law.


Article 45 internal documents of any kind of the Romanian intelligence service, have a State secret shall be kept in its own archives and cannot be consulted only with the approval of the Director, in accordance with the law.
Documents, data and Information Service of information can become public only after a period of 40 years from archiving.
Romanian intelligence service picks up toward the preservation and use of archives relating to the safety of the former national intelligence organs with competence on the territory of Romania.
Archival funds of the former Department of State security, relating to national safety, may not become public until after the passage of a period of 40 years from the adoption of this law.


Article 46 Romanian intelligence service used for individualization and recognition with logo model and description set out in the annex. 2. The logo is the weapon of the Romanian Intelligence Service.


Article 47 appendices. 1 and 2 are an integral part of this law.


Article 48 of the Provisional Council Decree of National Union of 26 March 1990 concerning the establishment of the Romanian Intelligence Service, as well as any other provisions contrary to this law are hereby repealed.


Annex 1 Annex 2 MODEL and the DESCRIPTION of the LOGO consists of the SRI Logo-a square base, which means the sides are drawn four triangles isoscele.
The base of the isosceles triangle is equal to half of the side of the square.
Isoscele triangle height is equal to half of the side of the square.

Isoscele triangle bases in common with the sides of the square are not drawn.
The square and the four triangles isoscele forms a star eight corners alternate uneven.
The heights of the peaks opposite are two by two, the tops of the square corners being lower than the peaks of the four triangles isoscele.
The ratio between the radius of the circle inscribed within the basic square and one in which the score is 1/2.
Inside the square is inscribed the initials S.R.I., block letters.
The height of the letters is in the ratio of 2/1 with their width.
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