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Law No. 1 Of 6 January 1998) (Republished) On The Organization And Functioning Of The Foreign Intelligence Service

Original Language Title:  LEGE nr. 1 din 6 ianuarie 1998*) (*republicată*) privind organizarea şi funcţionarea Serviciului de Informaţii Externe

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LEGE no. 1 1 of 6 January 1998 (** republished) (* updated *) on the organization and functioning of the Foreign Intelligence ((updated until 28 March 2005 *)
ISSUER PARLIAMENT




---------------- *) The republished text of the law was published in the OFFICIAL GAZETTE no. 511 511 of 18 October 2000. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt until March 28, 2005, with the amendments and additions made by: EMERGENCY ORDINANCE no. 154 154 of 21 November 2001 ; LAW no. 366 366 of 7 June 2002 ; EMERGENCY ORDINANCE no. 98 98 of 10 November 2004 ; LAW no. 43 43 of 17 March 2005 . ** **) Republicated pursuant to art. II of Law no. 138/2000 , published in the Official Gazette of Romania, Part I, no. 353 353 of 28 July 2000. Law no. 1/1998 was published in the Official Gazette of Romania, Part I, no. 7 7 of 12 January 1998. + Chapter I General provisions + Article 1 The Foreign Intelligence Service is the state body specialized in the field of external information on the national security and defense of Romania and its interests. + Article 2 (1) The Foreign Intelligence Service is part of the national defense system. Its work is organized and coordinated by the Country's Supreme Defense Council. ((2) Annually or whenever the director of the Foreign Intelligence Service is required to submit to the Supreme Council of Defense of the Country reports on the manner of fulfilment by the Foreign Intelligence Service of its duties. + Article 3 (1) The control over the activity of the Foreign Intelligence Service is exercised by the Romanian Parliament, in compliance with the secrecy on means and sources of information. To this end, a special commission consists of three deputies and two senators, elected from the committees for defense, public order and national security of the two Chambers. (2) Parliamentary control aims to verify the consistency of the activity of the Foreign Intelligence Service with the Romanian Constitution and the Romanian state policy. The organisation, operation and modalities of the exercise of control shall be established by a joint decision of the two Chambers. + Article 4 (1) For the purpose of carrying out its duties, as well as for ensuring a uniform and coherent policy of the information community externally the Foreign Intelligence Service works with ministries, public institutions and other persons legal established by the Supreme Council of Defense of the Country. (2) With the approval of the Supreme Council of National Defence, the Foreign Intelligence Service may establish relations with similar bodies abroad. + Chapter II Organization and management of the Foreign Intelligence Service + Article 5 (1) The Foreign Intelligence Service shall be organized and operated as an autonomous administrative authority. (2) The organizational structure, the flocks in peacetime and the mobilization, the functioning regulation and the powers of the Foreign Intelligence Service shall be approved by the Supreme Council of Defense of the Country. ------------- Alin. ((2) of art. 5 5 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 154 154 of 21 November 2001 , published in MONITORUL OFFICIAL no. 761 761 of 29 November 2001. + Article 6 (1) The management of the Foreign Intelligence Service shall ensure by a director, with the rank of minister, appointed by the Supreme Council of National Defence at the proposal of the President of Romania. (2) Upon appointment the director shall submit to the President of Romania 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, director of the Foreign Intelligence Service. " + Article 7 (1) The Director of the Foreign Intelligence Service leads the entire activity of the Service and represents him in relations with ministries, public institutions and other public and private legal entities in the country, as well as with similar bodies in Abroad. (2) The Director of the Foreign Intelligence Service approves the classification, duties, endowment, operating norms, regulations and organizational structures of the component units. (3) In the execution of the duties assigned to the Foreign Intelligence Service the director shall issue orders and instructions, according to + Article 8 (1) The Board of Directors, advisory body, composed of deputy director and heads of units of the structure of the Foreign Intelligence Service, operates within the Foreign Intelligence Service. The works of the Governing Council are led by the Director of the Foreign Intelligence Service, and in his absence, by one of his deputies, designated by him. (2) The Deputy Director of the Foreign Intelligence Service shall rank as Secretary of State and shall be appointed by the Supreme Council of National Defence on the proposal of the Director of the Foreign Intelligence Service. (3) The composition, organization and functioning regulations, as well as the duties of the Governing Council shall be approved by the Director of the Foreign Intelligence Service + Chapter III Functioning of the Foreign Intelligence Service + Article 9 (1) The Foreign Intelligence Service shall operate in accordance with the Romanian Constitution, with the laws of the country, with the decisions of the Supreme Council of National Defence, as well as with the military regulations. (2) The activity of the Foreign Intelligence Service has a state secret character. (3) The documents of the Foreign Intelligence Service are kept in their own archive and can be consulted, depending on the classification, only under the law, with the approval of its director. (4) The regulations in force regarding the transmission to other institutions of data and information of nominal or statistical records shall apply to the Foreign Intelligence Service only to the extent that their supply does not lead to the deconspiration the institution's actions, premises and staff. ------------- Alin. ((4) of art. 9 9 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 154 154 of 21 November 2001 , published in MONITORUL OFFICIAL no. 761 761 of 29 November 2001. + Article 10 (1) The Foreign Intelligence Service is authorized to use undercover legal entities, established under the law, to use specific methods, to create and hold appropriate means for obtaining, verifying, protecting, evaluating, the valorisation and storage of data and information on national security. ------------- Alin. ((1) of art. 10 10 has been amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 154 154 of 21 November 2001 , published in MONITORUL OFFICIAL no. 761 761 of 29 November 2001. (2) Information sources, methods and means of work cannot be disclosed to anyone and under any circumstances. (2 ^ 1) In duly determined and substantiated situations, at the proposal of the Director of the Foreign Intelligence Service and with the approval of the Supreme Council of Defense of the Country, human sources can be engaged, on concrete operations and cases, within some cooperation actions with similar partner bodies abroad. ------------- Alin. (2 ^ 1) of art. 10 10 has been introduced by section 4 4 of art. I of EMERGENCY ORDINANCE no. 154 154 of 21 November 2001 , published in MONITORUL OFFICIAL no. 761 761 of 29 November 2001. (3) The use of means of obtaining, verifying and capitalizing on data and information must in no way harm the fundamental rights or freedoms of citizens, their particular life, honor or reputation or subject them to Illegal confinement. (4) Failure to comply with par. ((2) and (3) shall be punished according to the law. + Article 11 The Foreign Intelligence Service has the right, under the conditions provided by law, to request and obtain from the Romanian public authorities, economic agents, other legal entities, as well as from individuals information, data or necessary documents fulfilling his duties. ------------- Article 11 has been amended by section 1. 5 5 of art. I of EMERGENCY ORDINANCE no. 154 154 of 21 November 2001 , published in MONITORUL OFFICIAL no. 761 761 of 29 November 2001. + Article 12 The Foreign Intelligence Service endorses the access to secret documents, the state cipher and weapons for staff within ministries and other public institutions, which carry out long-standing work outside the country, except for the of the Ministry of National Defence ------------- Article 12 has been amended by section 4.2. 1 1 of the single article of LAW no. 366 366 of 7 June 2002 , published in MONITORUL OFFICIAL no. 476 476 of 3 July 2002, amending section 6 6 of art. I of EMERGENCY ORDINANCE no. 154 154 of 21 November 2001 , published in MONITORUL OFFICIAL no. 761 761 of 29 November 2001. + Chapter IV Staff of the Foreign Intelligence Service + Article 13 The staff of the Foreign Intelligence Service consists of military personnel, contract-based military and civilian employees. ------------- Article 13 has been amended by section 1. 1 1 of the single article of EMERGENCY ORDINANCE no. 98 98 of 10 November 2004 , published in MONITORUL OFFICIAL no. 1.083 1.083 of 22 November 2004. + Article 14 (1) The military cadres in activity, in reserve or in withdrawal from the Foreign Intelligence Service have all the rights and duties provided by the normative acts applicable to the Romanian army, as well as by the regulations specific to this service. (2) The contract-based employees are invested with the exercise of public authority during and in connection with the performance of duties and duties, within the limits of the powers established by law for military personnel in activity. The way of employment, the duration of the contract, the rights and duties of the military employees on the basis of the contract are those provided by the normative acts applicable to the Romanian army and by order of the Director ------------- Alin. ((2) art. 14 14 was amended by the single article of LAW no. 43 43 of 17 March 2005 , published in MONITORUL OFFICIAL no. 250 250 of 25 March 2005, amending section 2 2 of the single article of EMERGENCY ORDINANCE no. 98 98 of 10 November 2004 , published in MONITORUL OFFICIAL no. 1.083 1.083 of 22 November 2004. (3) Civil employees are applicable, as the case may be, the provisions of the Labor Code, of the Statute of civil servants, as well as of normative acts and regulations specific to the Foreign Intelligence Service. (4) Civil salariates are obliged to take the oath of respect of the Constitution, laws of the country and regulations specific to the Foreign Intelligence Service. ------------- Article 14 has been amended by section 4.2. 2 2 of the single article of EMERGENCY ORDINANCE no. 98 98 of 10 November 2004 , published in MONITORUL OFFICIAL no. 1.083 1.083 of 22 November 2004. + Article 15 The staff of the Foreign Intelligence Service cannot be part of political parties, parties or organizations or to conduct propaganda by any means or other activities in their favor. + Article 16 The staff of the Foreign Intelligence Service who are invested with the exercise of public authority have all the rights and obligations provided by law for this quality. ------------- Article 16 has been amended by section 4. 8 8 of art. I of EMERGENCY ORDINANCE no. 154 154 of 21 November 2001 , published in MONITORUL OFFICIAL no. 761 761 of 29 November 2001. + Article 17 (1) Selection, classification, awarding of grades and advance to the degree and in functions, transfer, transfer to reserve, termination or dissolution of the individual employment contract of the Foreign Intelligence Service personnel shall be made according to the law, Regulation on the organization and functioning of the Foreign Intelligence Service, the Statute of military personnel and military regulations, as well as other legal provisions. The Foreign Intelligence Service shall keep records of public functions and civil servants within the institution, through its own structures, by way of derogation from the provisions Law no. 188/1999 on the Staff Regulations. ------------- Alin. ((1) art. 17 17 has been amended by section 2 2 of the single article of LAW no. 366 366 of 7 June 2002 , published in MONITORUL OFFICIAL no. 476 476 of 3 July 2002, amending section 9 9 of art. I of EMERGENCY ORDINANCE no. 154 154 of 21 November 2001 , published in MONITORUL OFFICIAL no. 761 761 of 29 November 2001. (2) The Foreign Intelligence Service organizes its own system of training and improvement of personnel, and for certain categories of personnel can use military or civilian educational institutions in the country and abroad. ------------- Alin. ((2) of art. 17 17 has been amended by section 10 10 of art. I of EMERGENCY ORDINANCE no. 154 154 of 21 November 2001 , published in MONITORUL OFFICIAL no. 761 761 of 29 November 2001. + Article 18 (1) The staff of the Foreign Intelligence Service has the obligation to strictly keep the secret of the data and known information, including after leaving in any way it. (2) Exceptionally, some data and information may be communicated only in cases authorized by law, with the prior consent of the Director of the Foreign Intelligence Service. ((3) The division, in any way, of the data or information which is the subject of the activity of the Foreign Intelligence Service shall be prohibited and shall be punished according to the law. + Article 19 (1) The staff of the Foreign Intelligence Service shall carry out their work openly or covered, in relation to the needs of national security. (2) The Foreign Intelligence Service ensures the protection and employment of military personnel and civilian employees who, working covered, are exposed in circumstances that exclude their fault. + Chapter V Final provisions + Article 20 (1) Counterformative activity outside and protection of its personnel, both in the country and abroad, as well as the control of the entire operative activity, security, diplomatic courier, state cipher, technical-material insurance, financial and health is carried out by the Foreign Intelligence Service through its own bodies. (2) The endowment with some goods and the execution of works for a fee can also be carried out through its own structures, on the basis of contracting with external and internal partners. + Article 21 (1) The funds necessary to carry out the activity of the Foreign Intelligence Service shall be ensured from the state budget and from extra-budgetary sources. ------------- Alin. ((1) of art. 21 21 has been amended by section 11 11 of art. I of EMERGENCY ORDINANCE no. 154 154 of 21 November 2001 , published in MONITORUL OFFICIAL no. 761 761 of 29 November 2001. (1 ^ 1) The Foreign Intelligence Service receives and manages public and private property of the State, being able to rent them according to their legal regime, retaining a share of 50% of the rent amount, and carries out, under the conditions law, economic activities. The revenues thus obtained will be used in full to finance the material 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. ------------- Alin. ((1 ^ 1) of art. 21 21 has been introduced by section 12 12 of art. I of EMERGENCY ORDINANCE no. 154 154 of 21 November 2001 , published in MONITORUL OFFICIAL no. 761 761 of 29 November 2001. ((1 ^ 2) The planning, registration, use, justification and control of the operative expenses for the activity specific to the Foreign Intelligence Service shall be carried out in accordance with the general rules in this field, approved by Supreme Council of Defense of the Country. ------------- Alin. ((1 ^ 2) of art. 21 21 has been introduced by section 12 12 of art. I of EMERGENCY ORDINANCE no. 154 154 of 21 November 2001 , published in MONITORUL OFFICIAL no. 761 761 of 29 November 2001. (2) The manner of planning, record and use of the necessary funds for the functioning of the Foreign Intelligence Service shall be established by the Supreme Council of National Defence, similar to the regulations on operative expenses. + Article 22 (1) Buildings, land, means of transport, technical equipment and other means necessary for the operation of the Foreign Intelligence Service shall be approved and ensured by the Government. (2) The lands and buildings where the Foreign Intelligence Service operates are public property of the state. ------------- Alin. ((2) art. 22 22 has been amended by section 3 3 of the single article of LAW no. 366 366 of 7 June 2002 , published in MONITORUL OFFICIAL no. 476 476 of 3 July 2002, amending section 13 13 of art. I of EMERGENCY ORDINANCE no. 154 154 of 21 November 2001 , published in MONITORUL OFFICIAL no. 761 761 of 29 November 2001. + Article 23 On the date of entry into force of this Law any contrary provisions shall be repealed. -----