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RS 510.291 Order of 4 December 2009 concerning the Army Intelligence Service (OSRA)

Original Language Title: RS 510.291 Ordonnance du 4 décembre 2009 concernant le Service de renseignement de l’armée (OSRA)

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510.291

Army Intelligence Service Ordinance

(OSRA)

On 4 December 2009 (State 1 Er January 2010)

The Swiss Federal Council,

See art. 99 of the Federal Act of 3 February 1995 on the military and military administration (LAAM) 1 ,

Stops:

Section 1 General provisions

Art. 1 Purpose

This order shall rule:

A.
The tasks and skills of the Army Intelligence Service (SRA);
B.
The cooperation of the SRA with federal and cantonal services and with foreign services;
C.
The acquisition, processing and communication of important information for the military abroad;
D.
Source protection;
E.
Control of the SRA.
Art. 2 Army Intelligence Service

The Army Intelligence Service comprises all military units and army units that carry out intelligence tasks.

Section 2 Tasks and Competencies of the SRA

Art. 3

1 The duties and competencies of the SRA are:

A.
Acquire and process, on behalf of the military, important information about the foreigner, in accordance with art. 99, para. 1, LAAM;
B.
Support military command in the planning and conduct of commitments by providing threat and environmental information;
C.
Monitor the development of foreign armed forces and comparable organisations; draw lessons for the development of the army and its training, as well as for the management of basic availability;
D.
Conduct its activities in close collaboration with federal and cantonal services, on behalf of the military command, the troop, and the federal, cantonal and even international authorities and commands;
E.
Develop and implement the Army's intelligence doctrine; participate, on behalf of the military, in the development of new systems for the intelligence service.

2 The SRA informs the Chief of the Army on its activities once a year.

Section 3 Collaboration

Art. 4 Collaboration with Federal and Cantonal Services

The SRA can make its products available to interested federal and cantonal services.

Art. 5 Cooperation with the Federal Intelligence Service

1 The SRA works closely with the Confederation Intelligence Service (SRC), particularly in the common thematic areas mentioned in s. 1 of the Federal Act of 3 October 2008 on Civil Intelligence 1 And 99, para. 1, LAAM. The SRA and the CBC regularly exchange information and assist each other in the performance of their duties.

2 The SRA and the CBC operate a common reporting and assessment centre for the security situation. The CBC is responsible for the organizational conduct of the Situation Centre. In principle, the SRA and the CBC work in separate premises. For the execution of a mission within the competence of the two services, the separation of the workspaces may be waived.

3 Responsibility for the procurement, evaluation and dissemination of important military information rests with the SRA.

4 SRA is making critical safety policy knowledge available to the CBC in a timely manner.

5 In support services in Switzerland, the SRA is part of the integrated intelligence conducted by the CBC.

6 In case of active service, the Federal Council regulates the competences of the SRA.


1 RS 121

Art. 6 Working with Foreign Services

1 Regular contact with foreign intelligence services is subject to approval by the Federal Council.

2 The CBC coordinates all contacts with foreign intelligence services. To this end, it defines a common policy vis-vis the partner services and establishes contact planning.

3 The contacts between partner departments are normally conducted jointly by the CBC and the SRA. The Director of the CBC may approve exceptions, including contacts between the SRA and the intelligence services as well as foreign services, the organization of which is exclusively military.

4 As part of the commitments to promote peace and support services abroad, the troops' intelligence agencies cooperate with their international partners on the ground on the basis of technical guidelines issued by the SRA.

5 The CBC provides the required communication links with foreign intelligence services in principle. The Director of the CBC may approve exceptions, including the connection of the SRA to multinational military information and communication systems or on request from a foreign partner department.

6 The SRA may exchange information if permitted by law or treaty.

Section 4 Acquisition of information

Art. 7

The acquisition and acquisition of important information for the military is carried out:

A.
By the organs and with the means of intelligence of the art;
B.
In exchange with Swiss and foreign services;
C.
Through the use of publicly available sources.

Section 5 Processing and reporting of personal information and data

Art. 8 Processing of sensitive data and personality profiles

SRA can process the personal data required for an army engagement, including sensitive data and personality profiles for:

A.
Protect the military, employees, infrastructure and military sources from activities that pose a threat to security or to secret service activities;
B.
Verify access to information required to perform tasks;
C.
Recognize, among events abroad, those that are important to Switzerland's security policy.
Art. Exception to publishing files

1 Files formed as part of an acquisition of information in accordance with s. 99, para. 2, LAAM, are not recorded in the register of files referred to in s. 11 A Federal Law of 19 June 1992 on Data Protection 1 , if the acquisition of information is at risk.

2 The SRA provides the Federal Data Protection Officer with general information about these files.


Art. 10 Personal Data Communication

1 The SRA may disclose personal data acquired in accordance with s. 99, para. 2, LAAM, to federal and cantonal civil services and, where appropriate, to multinational authorities and commands if:

A.
Communication is required for the execution of a legal mandate, or if
B.
The processing of such personal data falls within the sphere of legal competence of the recipient service.

2 No independent file will be created with the personal data.

3 The personal data will have to be destroyed at the end of the commitment in support service.

Section 6 Source protection

Art. 11

1 The SRA protects its intelligence sources. It shall, on a case-by-case basis, weigh between the interests of the sources to be protected and the interests of the requesting information service.

2 Sources of intelligence information include:

A.
Persons who transmit sensitive information relating to the protection of the State or other sensitive information to the SRA;
B.
Swiss and foreign security bodies with whom the SRA collaborates, and
C.
Radio exploration.

3 When weighing the interest on a case by case basis in accordance with paragraph 1, the following principles should be taken into account:

A.
The identity of persons who would be exposed themselves or whose relatives would be exposed to a serious danger to their physical or mental integrity as a result of the disclosure of the information must be fully protected, unless the The person concerned does not consent to the communication of his or her identity;
B.
The identity of foreign security bodies is kept secret, unless:
1.
The foreign security body consents to the disclosure of the information, or
2.
The disclosure of information does not threaten the continuation of collaboration with the foreign security body;
C.
During radio exploration, all information concerning the infrastructures, the technical means engaged and the operational methods shall be kept secret, unless their communication does not threaten the performance of the SRA's mission.

4 If the SRA refuses to make a communication, the RFSP will render a decision subject to appeal. Disputes between authorities are settled amicably.

5 The right of access of SRA supervisory authorities is guaranteed.

Section 7 Control of SRA Activities

Art. 12 Principles

1 The SRA ensures the legality of its actions by subjecting them to self-control.

2 The Surveillance of Intelligence Services carries out administrative control under s. 32 of the Order of 4 December 2009 concerning the Federal Intelligence Service 1 .


Art. 13 Surveillance of intelligence services

1 Intelligence Surveillance is an internal control body of the DDPS.

2 It verifies the legality, timeliness and effectiveness of the SRA's activities. To this end, it takes into account the priorities imposed by the need for information from the political bodies.

Art. 14 Right to information and right to access records for the Surveillance of Intelligence Services

1 The SRA's collaborators have an obligation to inform the Surveillance of the Intelligence Service in full and in a manner consistent with the truth and to enable it to consult the records and information systems. They are unlinked in this measure of the secrecy of function.

2 In order to carry out its monitoring obligation, the Surveillance of Intelligence Services may require information and consult files from other federal departments, provided that such information is relevant to the cooperation between the two Services and the SRA.

3 The employees of the Confederation shall not be adversely affected by their statements in accordance with the truth made to the Surveillance of the Intelligence Service.

Art. 15 Control Plan and Report

1 Intelligence Surveillance establishes a monitoring plan each year. This plan is subject to the approval of the Chief of the DDPS.

2 Intelligence Surveillance will align the control plan with parliamentary oversight.

3 The head of the DDPS may exceptionally authorize controls not included in the plan.

4 The Surveillance of Intelligence Services reports annually to the Chief of the SPPD on the controls carried out.

5 The Chief of DDPS informs the Federal Council and parliamentary oversight each year.

Section 8 Archiving

Art. 16

1 The SRA proposes to the Dominion Archives for the purpose of archiving data that has become unnecessary or destroyed.

2 It does not propose to archive classified data and documents arising from direct relations with foreign security services and those resulting from the operative acquisition. In agreement with the Dominion Archives, it maintains these data and documents internally and destroys them after 45 years.

3 It destroys the data that the Federal Archives deems to be of no archival value. Other legal provisions for the destruction of data are reserved.

Section 9 Final provisions

Art. 17 Executing

The Chief of the Army enacts the necessary guidelines for the conduct of the SRA. It shall ensure, in particular:

A.
An appropriate organization for acquiring information;
B.
Optimal collaboration and exchange of information between the bodies responsible for the acquisition of information;
C.
The setting of processes for assessing the threat situation.
Art. 18 Entry into force

This order shall enter into force on 1 Er January 2010.



RO 2009 7081



State 1 Er January 2010