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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071878/-lege-nr.-1-din-6-ianuarie-1998%252a%2529-%2528%252arepublicat%252a%2529-privind-organizarea-i-funcionarea-serviciului-de-informaii-externe.html

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Law No. 1 of 6 January 1998 (* republished *) (* updated *) on the Organization and functioning of the Foreign Intelligence Service (updated until March 28, 2005)-PARLIAMENT ISSUING — — — — — — — — — — — — — *) Text was republished law published in MONITORUL OFICIAL nr. 511 of 18 October 2000. This is the updated form of S.C. "territorial Center of Electronic Computing" Piatra Neamţ until 28 March 2005, with edits and additions to: EMERGENCY ORDINANCE nr. 154 of 21 November 2001; Law No. 366 of 7 June 2002; EMERGENCY ORDINANCE No. 98 of 10 November 2004; Law No. 43 of 17 March 2005.
*) Republished under art. II of law No. 138/2000, published in the Official Gazette of Romania, part I, no. 353 of 28 July 2000.
Law No. 1/1998 was published in the Official Gazette of Romania, part I, no. 7 of January 12, 1998.


Chapter I General provisions Article 1 foreign intelligence service is a specialized State body in the field of external information on the safety and protection of the Romanian national team and his interests.


Article 2 (1) foreign intelligence service is part of the national defence system. Its work is organized and coordinated by the Supreme Council of Defense of the country.
  

(2) every year or whenever it requires the Director of foreign intelligence service of the Supreme Defence Council of the country reports concerning the implementation of the foreign intelligence service of the tasks incumbent on it.
  


Article 3 (1) control over Foreign Intelligence Service activity is exercised by the Parliament of Romania, confidentiality on the means and sources of information. For this purpose it shall constitute a Special Commission composed of three deputies and two senators, elected from within the committees for defence, public order and national safety of the two Rooms.
  

(2) parliamentary control aims at checking the consistency of the Foreign Intelligence Service's activity with the Constitution of Romania and the Romanian State policy. The organisation, functioning and modalities for exercising supervision shall be established by a judgement of the two Rooms.
  


Article 4 (1) for the purpose of carrying out the duties devolving upon it, as well as to ensure a uniform and consistent policy of informational community in external foreign intelligence service cooperates with ministries, public institutions and other legal persons established by the Supreme Council of Defense of the country.
  

(2) with the approval of the Supreme Council for the defense of the country's foreign intelligence service may establish relations with similar bodies abroad.
  


Chapter II Organization and leadership of the Foreign Intelligence Service in article 5 (1) foreign intelligence service is organized and operates as an autonomous administrative authority.
  

(2) the organizational structure, in times of peace and in the mobilization, rules of procedure and the powers of the Foreign Intelligence Service is approved by the Supreme Council of Defense of the country.
  

— — — — — — — — — — — —-. (2) of article 9. 5 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 154 of 21 November 2001, published in MONITORUL OFICIAL nr. 761 of 29 November 2001.


Article 6 (1) Directing Foreign Intelligence Service ensure by a director, with the rank of Minister, appointed by the Supreme Defence Council on a proposal from the President.
  

(2) the appointment according to the Director in front of President the following oath: "I swear that I will perform with good faith and nepartinire, in full respect of the Constitution and of the laws of the country, the powers of I as director of the Foreign Intelligence Service."
  


Article 7 (1) the Director of the Foreign Intelligence Service's entire activity and it represents in our dealings with the ministries, public institutions and other public and private legal entities in the country, as well as with similar bodies abroad.
  

(2) the Director shall approve the Foreign Intelligence Service, the tasks, equipping, operating rules, regulations and organizational structures of the component units.
  

(3) in carrying out the duties devolving upon Foreign Intelligence Service Director issues orders and instructions, according to the law.
  


Article 8 (1) In the framework of the Foreign Intelligence Service operates an Advisory Board, composed of the Director and deputies heads of units in the structure of the external intelligence service. The work of the Governing Board are led by the Director of the Foreign Intelligence Service, and in his absence, by one of his deputies, appointed by it.
  

(2) information service Director Adjuncts foreign rank of Secretary of State and are appointed by the Supreme Defence Council on a proposal from the Director of the country's Foreign Intelligence Service.
  

(3) component, the regulation of organization and operation, as well as the duties of the Board of Directors shall be approved by the Director of the Foreign Intelligence Service.
  


Chapter III operation of the Foreign Intelligence Service in article 9 (1) foreign intelligence service operating in accordance with the Constitution of Romania, with the laws of the country, with decisions of the Supreme Council of Defense of the country, as well as with military regulations.
  

(2) the Foreign Intelligence Service has a State secret.
  

(3) Foreign Intelligence Service Documents are kept in the archive and can be consulted, depending on classification, but according to the law, approval of its Director.
  

(4) the rules in force concerning the transmission to other institutions of some data and information or statistical records applies to Foreign Intelligence Service only to the extent that the provision thereof does not lead to the location of the unveiling, and the staff of the institution.
  

— — — — — — — — — — — —-. (4) article. 9 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 154 of 21 November 2001, published in MONITORUL OFICIAL nr. 761 of 29 November 2001.


Article 10(1) of the foreign intelligence service is authorized to use legal persons established under the law, to use specific methods, to create and to possess adequate means for obtaining, verification, assessment, protection, recovery and storage of data and information on national safety.
  

— — — — — — — — — — — —-. (1) of article 1. 10 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 154 of 21 November 2001, published in MONITORUL OFICIAL nr. 761 of 29 November 2001.

(2) sources of information, methods and means of work cannot be disclosed against anyone and in any circumstances.
  

(2 ^ 1) In well-chosen situations and based on a proposal from 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 the operations and specific cases, within the framework of actions of cooperation with similar foreign partner bodies.
— — — — — — — — — — — —-. (2 ^ 1), art. 10 was introduced by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 154 of 21 November 2001, published in MONITORUL OFICIAL nr. 761 of 29 November 2001.

(3) the use of means of obtaining, verification and use of data and information must not insult in any way the rights or fundamental freedoms of citizens, private life, honour or their reputation or to subject them to restrictions illegal.
  

(4) failure to comply with the provisions of paragraphs 1 and 2. (2) and (3) shall be punished according to law.
  


Article 11 the foreign intelligence service is entitled, under the conditions provided by law, to request and obtain from the Romanian public authorities, economic operators, other legal entities, as well as from information, data or documents necessary for the performance of its duties.
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Art. 11 was amended by section 5 of art. From the EMERGENCY ORDINANCE nr. 154 of 21 November 2001, published in MONITORUL OFICIAL nr. 761 of 29 November 2001.


Article 12 gives a foreign intelligence service access to secret documents, State cipher and weaponry for the staff of the ministries and other public institutions carrying out long-duration activity apart, except for the one belonging to the Ministry of national defence.
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Art. 12 was amended by section 1 of article in law No. 366 of 7 June 2002, published in Official Gazette No. 476 from 3 July 2002, which amends section 6 of article. From the EMERGENCY ORDINANCE nr. 154 of 21 November 2001, published in MONITORUL OFICIAL nr. 761 of 29 November 2001.


Chapter IV foreign intelligence services staff Article 13 foreign intelligence services staff is composed of military cadres, military contract employees and civilian employees.
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Art. 13 was amended by section 1 of article in EMERGENCY ORDINANCE No. 98 of 10 November 2004, published in Official Gazette No. November 22, 2004, 1,083.


Article 14 (1) military Frames, reserve or retired from foreign intelligence service have all the rights and duties laid down in the regulatory acts applicable to the Romanian armed forces as well as the specific regulations of the service.
  


(2) Military contract employees are invested with the exercise of official authority during and in connection with the performance of their duties and duties, within the limits of the powers laid down by law for military activity. The way of employment, duration of the contract, the rights and duties of military personnel engaged under contract are those laid down in the regulatory acts applicable to the Romanian army and by order of the Director of foreign intelligence service.
  

— — — — — — — — — — — —-. (2) of article 9. 14 was amended by article in law No. 43 of 17 March 2005, published in Official Gazette No. 250 of 25 March 2005, which amended section 2 of article in EMERGENCY ORDINANCE No. 98 of 10 November 2004, published in Official Gazette No. November 22, 2004, 1,083.

(3) civilian Employees applying to them, where appropriate, the provisions of the labour code, civil servants, and of normative acts and regulations specific to the Foreign Intelligence Service.
  

(4) Employees are required to file civil oath with respect to compliance with the Constitution, the laws and regulations of the country specific Foreign Intelligence Service.
  

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Art. 14 was amended by section 2 of article in EMERGENCY ORDINANCE No. 98 of 10 November 2004, published in Official Gazette No. November 22, 2004, 1,083.


Article 15 Foreign Intelligence Service Personnel cannot be part of the political parties, political organizations or parties to carry on propaganda by any means or other activities in their favor.


Article 16 Foreign Intelligence Service Frameworks which are invested with the exercise of official authority have all the rights and obligations stipulated by law for this quality.
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Art. 16 was amended by section 8 of article. From the EMERGENCY ORDINANCE nr. 154 of 21 November 2001, published in MONITORUL OFICIAL nr. 761 of 29 November 2001.


Article 17 (1) Selection, employment, the granting of degrees and the degree and the functions, transferring, suspending, dissolution or termination of the individual contract of employment of the staff of the Foreign Intelligence Service is done according to the law, the regulation on organization and operation of the Foreign Intelligence Service, military Status and military regulations, and other laws. Foreign intelligence service keeps track of public functions and civil servants within the institution, through their own structures, by way of derogation from the provisions of law No. 188/1999 on the status of civil servants.
— — — — — — — — — — — —-. (1) of article 1. 17 was amended by section 2 of article in law No. 366 of 7 June 2002, published in Official Gazette No. 476 from 3 July 2002, which amends point 9 of article. From the EMERGENCY ORDINANCE nr. 154 of 21 November 2001, published in MONITORUL OFICIAL nr. 761 of 29 November 2001.

(2) foreign intelligence service organize their own system of training and retraining of personnel, and for certain categories of personnel may use military or civilian institutions in the country and abroad.
  

— — — — — — — — — — — —-. (2) of article 9. 17 was amended by paragraph 10 of article 10. From the EMERGENCY ORDINANCE nr. 154 of 21 November 2001, published in MONITORUL OFICIAL nr. 761 of 29 November 2001.


Article 18 (1) of the Foreign Intelligence Service Personnel required to keep strictly secret data and information, including after leaving in any way.
  

(2) exceptionally, some data and information can be communicated only in cases authorized by law, with the prior consent of the Director of foreign intelligence service.
  

(3) disclosure, in any way, any data or information that are subject to the activity of the Foreign Intelligence Service is prohibited and punishable by law.
  


Article 19 (1) of the Foreign Intelligence Service Personnel operate open or covered, in relation to the needs for achieving national security.
  

(2) foreign intelligence service ensure protection and compliance with the work of military and civilian employees who are covered, in circumstances that preclude unmasked culpa thereof.
  


Chapter V final provisions Article 20 (1) contrainformativa outside Activity and protection of its staff, both in the country and abroad, as well as control of the entire operational activities, security, diplomatic courier, cipher State, technical-material ensuring the health, financial and is carried out by the foreign intelligence service through its own organs.
  

(2) some goods and Endowment with the execution of the works can be carried for hire or reward and own structures based on subcontracting with external and internal partners.
  


Article 21 (1) the funds necessary for the activity of the foreign intelligence service is secure from the State budget and from extra-budgetary sources.
  

— — — — — — — — — — — —-. (1) of article 1. 21 has been changed from point 11 of article 1. From the EMERGENCY ORDINANCE nr. 154 of 21 November 2001, published in MONITORUL OFICIAL nr. 761 of 29 November 2001.
(1 ^ 1) Foreign intelligence service receives and administers public and private property ownership of the State, and may give them according to their legal regime, bearing a share of 50% of the rental value, and carries out the law, economic activities. The revenue thus obtained will be used for financing expenditure materials 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.
— — — — — — — — — — — —-. (1 ^ 1), art. 21 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 154 of 21 November 2001, published in MONITORUL OFICIAL nr. 761 of 29 November 2001.
(1 ^ 2) Planning, book-keeping, use, and control of the operational expenditure justification intended for carrying out the activity of a specific Foreign Intelligence Service shall be effected in accordance with the General rules in this matter, which must be approved by the Supreme Council of Defense of the country.
— — — — — — — — — — — —-. (1 ^ 2) of art. 21 was introduced by item 12 of article. From the EMERGENCY ORDINANCE nr. 154 of 21 November 2001, published in MONITORUL OFICIAL nr. 761 of 29 November 2001.

(2) the planning, book-keeping and the use of the funds necessary for the Foreign Intelligence Service officers shall be determined by the Supreme Council of Defense of the country, similar legislation for the operative costs.
  


Article 22 (1) Buildings, land, means of transport, equipment and other means necessary for the Foreign Intelligence Service officials approve and ensure the Government.
  

(2) land and buildings where they operate foreign intelligence service are public property of the State.
  

— — — — — — — — — — — —-. (2) of article 9. 22 was amended by section 3 of article in law No. 366 of 7 June 2002, published in Official Gazette No. 476 from 3 July 2002, which amends point 13 of article. From the EMERGENCY ORDINANCE nr. 154 of 21 November 2001, published in MONITORUL OFICIAL nr. 761 of 29 November 2001.


Article 23 entry into force of the present law shall repeal any provisions to the contrary.
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