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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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LEGE no. 14 14 of 24 February 1992 (* updated *) on the organization and functioning of the Romanian Intelligence ((updated until 14 March 2016 *)
ISSUER PARLIAMENT




---------- + Chapter I Coordination, control and duties + Article 1 The Romanian Intelligence Service is the service organized by the state specialized in the field of information regarding the national security of Romania, part of the national defense system, its activity being organized and coordinated by Supreme Council of National Defence. The activity of the Romanian Intelligence Service is controlled by parliament. Annually or when the Parliament decides, the director of the Romanian Intelligence Service presents to him reports on the performance of his duties on the Romanian Intelligence Service, according to the law. In order to exercise concrete and permanent control, a joint commission of the two Chambers is constituted. The organization, operation and modalities of exercising control shall be determined by decision adopted by the Parliament. + Article 2 The Romanian Intelligence Service organizes and performs activities for the collection, verification and valorization of the information necessary to know, prevent and counter any actions that constitute, according to the law, threats to national security of Romania. + Article 3 The Romanian Intelligence Service ensures the defense of the state secret and the prevention of the leak that, according to the law, cannot be disclosed. In application of the legal provisions on defense of state secrecy, the Romanian Intelligence Service organizes and executes the transport of official correspondence with such character throughout Romania. + Article 4 At the request of the head of the public institution, autonomous direction or company, the Romanian Intelligence Service verifies and provides data on the persons who are to occupy positions in those units, which involve access to information and activities of a state secret nature or which, according to the law, cannot be disclosed. There are exceptions to the provisions of para. 1 judges, prosecutors, civil servants of the Ministry of National Defence, the Ministry of Interior, the Ministry of Justice, the Foreign Intelligence Service and the Protection and Guard Service, who establish their own defence measures of secrecy state, according to the law. + Article 5 At the request of natural and legal persons in the private sector, the Romanian Intelligence Service provides specialized assistance to defend the secrets in their possession and prevent the leak of data or information that cannot be brought to public knowledge. Specialist assistance is granted, for a fee, according to agreed tariffs. The specialized assistance is granted free of charge to the persons provided in 1, which executes orders for the state, within and for their duration, as well as those who carry out research or production activity on issues or on issues of national interest. + Article 6 Through its units, the Romanian Intelligence Service: a) perform informative and technical activities to prevent and combat terrorism; b) execute the anti-terrorist intervention on the objectives attacked or occupied by the terrorists, in order to capture or annihilate them, to release the hostages and restore the legal order. The counterterrorism intervention is carried out with the approval of the Executive Office of the Romanian Intelligence c) ensure the anti-terrorist protection of Romanian and foreign dignitaries, as well as other official persons, according to the norms established by the Supreme Council of Defense of the Country. The Romanian Intelligence Service competes in carrying out the anti-terrorist protection of dignitaries garded by the Protection and Guard Service, in the situation when they are targeted by threats of acts of terrorism. The Romanian Intelligence Service can provide counter-terrorism protection to other people, at their request, according to agreed tariffs. + Article 7 The Romanian Intelligence Service acts for the discovery and counteraction of the actions of initiation, organization or establishment on the territory of Romania of informative structures that may affect the national security, of the accession activities to them or to support them in any way or to manufacture, hold or use illegal means of interception of communications, as well as to collect and transmit information of a secret or confidential nature. + Article 8 The Romanian Intelligence Service is authorized to hold and use appropriate means for obtaining, verifying, processing and storing information regarding national security, under the law. For the relationship with electronic communications providers intended for the public, the National Center for Interception of Communications within the Romanian Intelligence Service is designated with the role of obtaining, processing and storing information in the field of national security. At the request of the prosecution bodies, the Center ensures their direct and independent access to the technical systems for the execution of the technical supervision provided for in art. 138 138 para. ((1) lit. a) of the Code of Criminal Procedure. Verification of the implementation mode within the National Center for Interception of Communications of the execution of these technical surveillance is carried out according to art. 30 ^ 1 of Law no. 304/2004 on judicial organization, republished, with subsequent amendments and completions. ---------- Paragraph 2 of art. 8 8 has been introduced by section 1 1 of art. IV of EMERGENCY ORDINANCE no. 6 6 of 11 March 2016 , published in MONITORUL OFFICIAL no. 190 190 of 14 March 2016. The concrete conditions of access to the technical systems of judicial bodies shall be established by cooperation protocols concluded by the Romanian Intelligence Service with the Public Ministry, the Ministry of Internal Affairs, as well as with other institutions within the to which he operates, under the conditions of art 57 57 para. (2) of the Code of Criminal Procedure, special criminal investigation bodies. ---------- Paragraph 3 of art. 8 8 has been introduced by section 1 1 of art. IV of EMERGENCY ORDINANCE no. 6 6 of 11 March 2016 , published in MONITORUL OFFICIAL no. 190 190 of 14 March 2016. + Article 9 In order to establish the existence of national security threats, art. 3 3 of Law no. 51/1991 on the national security of Romania, as amended, the information services may carry out, in compliance with the law, checks by: a) the request and obtaining of objects, documents or official relations from public authorities or institutions, namely the request from legal entities of private law or from individuals; b) consultation of experts or experts; c) receipt of referrals or notes of relations; d) fixing of operative moments by shooting, shooting or by other technical means or personal findings, regarding public activities carried out in public places, if not carried out systematically; e) obtaining data generated or processed by providers of electronic communications networks or providers of electronic communications services intended for the public, other than their content, and retained by them according to law The Romanian Intelligence Service carries out through specialized laboratories and own specialists findings ordered or requested under the law. ------------ Article 9 has been amended by section 6.6. 1 1 of art. 30 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 10 In situations that constitute threats to national security, the Romanian Intelligence Service, through personnel designated for this purpose, carries out activities specific to the collection of information that involves the restriction of the exercise of rights or fundamental human freedoms, performed according to the procedure laid down in Law no. 51/1991 ,, as amended, which shall apply accordingly. Activities specific to the collection of information, provided in par. 1, are controlled by the Parliament, within the limits and conditions provided by law. ------------- Article 10 has been amended by section 10. 2 2 of art. 30 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 11 If from the specific checks and activities provided for in art. 9 and 10 result data and information indicating the preparation or commission of a deed provided by the criminal law, they are transmitted to the prosecution bodies under the conditions provided by art. 61 of the Code of Criminal Procedure. ------------- Article 11 has been amended by section 1. 3 3 of art. 30 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 12 In case of finding a flagrant crime to the national security regime established by law, a terrorist attack or act or attempts or acts preparers to such crimes, if they are punished by law, the Romanian Information may detain the perpetrator, immediately handing it over to the competent judicial bodies along with the act of finding and the bodies of crime. At the request of the competent judicial bodies, specific personnel designated from the Romanian Intelligence Service may provide support to the carrying out of criminal investigation activities for national security crimes. The prosecution bodies have the obligation to communicate to the Romanian Intelligence Service any data or information regarding the national security, resulting from the prosecution activity. + Article 13 The organs of the Romanian Intelligence Service cannot carry out criminal investigation acts, cannot take the measure of detention or preventive arrest, nor have their own arrest spaces. By exception, the organs of the Romanian Intelligence Service may be designated special criminal investigation bodies according to art. 55 55 para. (5) and (6) of the Code of Criminal Procedure for the execution of technical supervision mandates, according to the provisions of art. 57 57 para. (2) the final sentence of the Code of Criminal Procedure. ---------- Article 13 has been amended by section 1. 2 2 of art. IV of EMERGENCY ORDINANCE no. 6 6 of 11 March 2016 , published in MONITORUL OFFICIAL no. 190 190 of 14 March 2016. + Article 14 In carrying out its duties, the Romanian Intelligence Service collaborates with the Foreign Intelligence Service, the Protection and Guard Service, the Ministry of National Defence, the Ministry of Interior, the Ministry of Justice, the Public Ministry, Ministry of Foreign Affairs, Ministry of Economy and Finance, General Directorate of Customs as well as other bodies of public administration. The organs provided in par. 1 have the obligation to give each other the necessary support in fulfilling the duties provided by law + Article 15 With the approval of the Supreme Council of National Defence, the Romanian Intelligence Service can establish relations with similar bodies abroad. + Chapter II Organization and functioning of the Romanian Intelligence Service + Section 1 Director Council + Article 16 For the performance of the duties established by law, the Romanian Intelligence Service is headed by the Board of Directors, deliberative body, composed of the Director of the Romanian Intelligence Service, the first deputy director, heads of some units central and territorial. The composition of the Governing Council is established by the regulation of operation of the Romanian Intelligence Service, and its nominal classification is made by the director. The Chairman of the Board is the Director of the Romanian Intelligence In the absence of the Director, the duties of the President shall be fulfilled by the Deputy Chief, and in his absence, by a Deputy Director-designate. + Article 17 The Board of Directors of the Romanian Intelligence Service meets, as a rule, quarterly, the meetings being convened by its president. In case of urgency, at the request of at least one third of the number of its members or at the request of the Director, the Board of Directors shall meet whenever necessary. + Article 18 The Board of Directors of the Romanian Intelligence Service carries out its activity in the presence of at least two thirds of its members and adopts decisions with the vote of at least half plus one of the total number of members. + Article 19 The meetings of the Board of Directors may be invited, as the case may be, representatives of ministries or other bodies of public administration, interested in examining the issues subject to debate, as well as specialists from the Romanian Service of Information or from outside it. + Article 20 For the analysis of issues of general interest on national security, the Board of Directors may be a working group comprising specialists from the Romanian Intelligence Service or outside it. The appointment of specialists outside the Romanian Intelligence Service will be made with the agreement of the heads of the respective central bodies Invitations and specialists from outside the Romanian Intelligence Service provided in art. 19 and para. 1 of this article will comply with the legal provisions on the defense of state secrecy. + Section 2 Executive Office of the Governing Council + Article 21 The operative management of the Romanian Intelligence Service and ensuring the fulfilment of the decisions of the Governing Council is carried out by its Executive Office. The Executive Office shall be composed of the Director, first Deputy Director and Deputy Director. The President of the Executive Office is the Director of the Romanian + Article 22 The executive office of the Board of Directors of the Romanian Intelligence Service meets bilunar, the meetings being convened by the director. Art. 18 18 and art. 19 the Executive Office shall also apply accordingly. + Section 3 Director of the Romanian Intelligence Service + Article 23 The Romanian Intelligence Service is headed by a director, with the rank of minister, appointed by the Chamber of Deputies and the Senate in the joint sitting, on the proposal of the President of Romania, following the hearing of the one proposed by the commission parliamentary on the work of the Romanian Intelligence Service, which will present a report before the two Houses of Parliament. Upon appointment, the director submits to Parliament the following oath: " I, ..., I swear that I will perform in good faith and non-bias, in the full respect of the Constitution and the laws of the country, my duties as director of The Romanian Intelligence Service. " In carrying out the duties of the Romanian Intelligence Service, the director issues, according to the law, orders and instructions. The dismissal of the director of the Romanian Intelligence Service is made by the Parliament, in the joint meeting of the two Chambers, on the proposal of the President of Romania 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 replacement, as well as 3 deputies. The first deputy director of the Romanian Intelligence Service and deputy director of the director have the rank of secretaries of state and are appointed by the President of Romania, at the proposal of the director of the Romanian + Section 4 Structure of the Romanian Intelligence Service + Article 25 The Romanian Intelligence Service includes units and subunits, in accordance with the specifics of its activity, equivalent to the structures in the ministries. The units of the Romanian Intelligence Service are subordinated only to its management. The units of the Romanian Intelligence Service, whose commanders have the status of tertiary authorising officers, are established by order of the Director of the Romanian Intelligence Service, have legal personality and use the budget credits that have Been assigned. ------------ Last paragraph of art. 25 25 has been introduced by section 1 1 of art. unique of EMERGENCY ORDINANCE no. 52 52 of 12 June 2003 published in MONITORUL OFFICIAL no. 452 452 of 25 June 2003. + Article 26 The structure, the flocks, the mobilization of the reservists of the Romanian Intelligence Service, as well as its Rules of Operation are approved by the Supreme Council of Defense of the The executive office of the Romanian Intelligence Service, according to the needs, within the limits established by the law and the approved troops, proposes to the Supreme Council of Defense of the Country to improve the structures of the Romanian Intelligence Service and to redistribute flocks. + Chapter III Staff of the Romanian Intelligence Service + Article 27 The staff of the Romanian Intelligence Service consist of permanent military personnel and civilian employees, who perform operative and administrative duties. I cannot activate in the Romanian Intelligence Service those who, being part of the repressive structures of the totalitarian state, committed abuses, informants and security collaborators, as well as the former activists of the communist party, guilty of facts directed against human rights and fundamental freedoms. The military personnel of the Romanian Intelligence Service have all the rights and obligations provided, for the soldiers of the Romanian army, by the legal regulations, statutes and military regulations. Civil employees are subject to the provisions of the Labor Code and the other legal and regulatory provisions of the Intelligence Service. + Article 28 The operative staff of the Romanian Intelligence Service carries out its open or covered activity, in relation to the needs of national security. The Romanian Intelligence Service will ensure the protection and framing of other units or compartments of work of the operative staff who, working covered, is unconspired in circumstances that exclude its fault. -------------- Article 28 has been amended by art. unique from LAW no. 181 181 of 9 October 1998 published in MONITORUL OFFICIAL no. 389 389 of 14 October 1998. + Article 29 Military personnel are made up of graduates of educational institutions from their own system, military personnel selected and transferred from the Ministry of National Defence or the Ministry of Interior, based on nominal requests of the director, with the agreement of the respective ministers, as well as from specialists called in the active Military personnel transferred from the Ministry of National Defence, from the Ministry of Interior or other sectors of activity fall under the exclusive command of the management of the Romanian Intelligence Service. + Article 30 The selection, classification, granting of grades and advance to the degree and in positions, transfer, transition into reserve, termination or dissolution of the employment contract shall be made according to the law, the Regulation of operation of the Romanian Intelligence Service, the statutes of the officers ' bodies, military foremen and petty officers and other legal provisions. + Article 31 Staff training is carried out through the own education system or in specialized institutions of the Ministry of Interior and the Ministry of National Defence. + Article 32 The staff of the Romanian Intelligence service legitimize themselves with the service card, and in operative missions, and with the service badge. The model of the service badge shall be as set out in Annex no. 1. + Article 33 Permanent military personnel of the Romanian Intelligence Service are entitled to the uniform, which is provided free of charge. The personnel categories for which the port of uniform during the service is mandatory shall be established by the Director of the Romanian Intelligence Service. The uniforms, grade marks and accessories are established in the Regulation for the description and port of the uniforms of the staff of the Romanian Intelligence Service, approved by the Supreme Council of Defense of the Country. + Article 34 The Romanian Intelligence Service can incorporate, for its own security and auxiliary activities, through the territorial military, military bodies within, on the basis of the requests addressed to the General Staff, 60 days before the date of incorporation. If their own security forces are insufficient, they will be provided with military personnel within the gendarme troops. The Romanian Intelligence Service has the mobilization organ, executes the mobilization and keeps the record of the existing military and civilian personnel at peace, as well as the reservists The rules of operation of this body shall be established in agreement with the General Staff of the Ministry of National Defence. The record of the military situation of the personnel is held by the Romanian Intelligence Service, and for the reservists, and by the territorial military bodies. + Article 35 The staff of the operative sectors at the Romanian Intelligence Service are civil servants who perform duties involving the exercise of the state authority, having all the rights and obligations provided by law for this quality. + Article 36 The staff of the Romanian Intelligence Service cannot be part of parties or other organizations with political or secret character and cannot be used for political purposes. The Romanian Intelligence Service will not take any action to promote or harm the interests of any political party or natural or legal persons, except for those actions of them that contravene national security. + Article 37 Military personnel and civilian employees in the Romanian Intelligence Service have the obligation to strictly keep state and professional secrecy, including after leaving in any way the service. Any disclosure of data or information known as a result of the quality of employee of the Romanian Intelligence Service except in cases authorized by law, is prohibited and is punishable by law. + Article 38 The descendants of the staff of the Romanian Intelligence Service who died during and because of the service, due to exceptional acts of devotion, are granted as a pension the full salary that these staff had at the time of death. If there are no survivors and no surviving spouse, if the deceased was the only supporter of his parents, they will benefit from half of the survivor's pension, established according to the provisions of par. 1. The pension for permanent disability, occurred due to exceptional acts of devotion, is equal to the salary at the time, and those concerned will benefit from a pardon, only once, equal to five times the salary. The staff of the Romanian Intelligence Service who have become partially incapable of work, due to exceptional acts of devotion, and can no longer continue to exercise the profession will benefit outside the rights arising from retirement, from a pardon equal to three times the salary had at the time. + Article 39 For special merits in defending the national security of Romania, the Romanian Intelligence Service staff can be awarded the decorations provided by law for the soldiers of the Romanian armed forces. + Chapter IV Material insurance + Article 40 Romanian Intelligence Service: a) elaborates and substantiates the draft budget of the Romanian Intelligence Service, which consists of the own budget administered by the principal authorising officer and from the budgets of the units with legal personality, administered by the authorising officers tertiary of credits, ensures the financing of units, coordinates and controls the administration, employment and use of funds, approved by the state budget law, by the authorising officers subordinated to it; ------------ Lit. a) of art. 40 40 has been amended by section 4.2 2 2 of art. unique of EMERGENCY ORDINANCE no. 52 52 of 12 June 2003 published in MONITORUL OFFICIAL no. 452 452 of 25 June 2003. b) approve, within the limits of his/her competences, the technical-economic documentation for his/her own investment works and shall pursue their execution within the c) carry out import-export activities of equipment and technique specific to the work of information and to ensure proper technical assistance, according to the law; d) establish weapons of use, maintenance and repair for weapons, technique and other goods, as well as consumer norms for ammunition and other materials; e) establishes rules on financial and financial insurance, settlement, record and control of material and money means necessary for subordinate units; f) exercise any other powers conferred by law. + Article 41 The Romanian Intelligence Service is equipped with the weapons, ammunition and combat technique necessary to carry out the missions of defense and anti-terrorist intervention, the transport of secret correspondence, the own guard and the other service missions. + Article 42 The money funds necessary to carry out the activities in the Romanian Intelligence Service shall be ensured as follows: from the state budget, from extra-budgetary income, from external credits and from other legally constituted sources. The extra-budgetary income is made up of: the value of the assets recovered according to the legislation specific to the national defense sector, public order and national security, from the amounts collected from services executed at the request natural and legal persons, through the units of the Romanian Intelligence Service, in the fields and under the conditions established by order of the Director of the Romanian Intelligence Service, and from other incomes realized under the present law. The extra-budgetary income obtained, in lei and in foreign currency, will be used in full to finance current and capital expenditures, and the remaining available at the end of the year will be carried over to the next year and will be used with the same destination. The planning, records, use, justification and control of the operative expenses for the activity specific to the Romanian Intelligence Service shall be carried out in accordance with the general rules in this field, approved by the Council Supreme Defense of the Country. The buildings, means of transport, technical equipment and other material means necessary for the Romanian Intelligence Service shall be ensured by Government decision or are purchased under the law. The lands and buildings in which the Romanian Intelligence Service operates are public property of the state. The Romanian Intelligence Service receives and manages public and private property of the state, being able to rent them according to their legal regime, retaining in the form of extra-budgetary income a share of 50% of the value of the rent cashed. The Romanian Intelligence Service has its own fleet of means of transport for the central apparatus and subordinate units, which is established by the units ' endowment tables, approved by the director of the Romanian Intelligence Service. ------------- Article 42 has been amended by art. unique of EMERGENCY ORDINANCE no. 72 72 of 13 June 2002 published in MONITORUL OFFICIAL no. 435 435 of 21 June 2002. + Article 43 Under the control of the Parliament, in relation to its own needs and with strict compliance with the legal provisions, within the Romanian Intelligence Service can operate: an autonomous direction, commercial production companies, health institutions, as well as associations of a cultural-sporting nature. + Chapter V Final provisions + Article 44 In case of necessity and when the use of other means of involvement or coercion is not possible, the staff of the Romanian Intelligence Service, authorized to carry the weapon, can use the force of white weapons or firearms under the conditions provided by Law. + Article 45 The internal documents of any kind of the Romanian Intelligence Service have a state secret character, are kept in its own archive and can only be consulted with the approval of the director, under the law. Documents, data and information of the Romanian Intelligence Service may become public only after the passage of a 40-year period from archiving. The Romanian Intelligence Service takes over to preserve and use the archive funds that concern the national security of the former intelligence bodies with competence on the territory of Romania. The archive funds of the former Department of State Security, which concern national security, cannot become public until after the passage of a period of 40 years since the adoption of this law. + Article 46 The Romanian Intelligence Service uses, for individualization and recognition, the logo with the model and description provided in Annex no. 2. Sigla is the weapon sign of the Romanian Intelligence Service. + Article 47 Annexes no. 1 and 2 are an integral part of this law. + Article 48 The Decree of the Provisional Council of National Union of March 26, 1990 on the establishment of the Romanian Intelligence Service, as well as any other provisions contrary to the provisions of this Law + Annex 1 image + Annex 2 MODEL AND DESCRIPTION OF THE SRI LOGO image The logo consists of a basic square, on the middle of sides to which four isoscele triangles are drawn. The base of the isosceles triangle is equal to half of the square's side. The height of the isoscele triangles is equal to half of the square's side. The bases of the isoscele triangles common with the sides of the square are not drawn. The square and the four isosceles triangles form a star in eight alternately uneven corners. The heights of the opposite peaks are two by two equal, the peaks formed by the corners of the square being smaller than the peaks formed by the four isosceles triangles. The ratio between the radius of the circle enrolled in the base square and the one in which the star is registered is 1/2. Inside the basic square are inscribed the initials S.R.I., with printing letters. The height of the letters is in relation to 2/1 with their width. ---------