LAW ON THE BASES REGULATING SECURITY SERVICES OF THE REPUBLIC OF SERBIA. ( Official Gazette of the RS, Nos. 116/2007, 72/2012) I GENERAL PROVISIONS



Similar documents
LAW ON MILITARY SECURITY AGENCY AND MILITARY INTELLIGENCE AGENCY I GENERAL PROVISIONS. Article 1

CROATIAN PARLIAMENT Pursuant to Article 88 of the Constitution of the Republic of Croatia, I hereby pass the

LAW ON THE CENTRE FOR TRAINING IN JUDICIARY AND STATE PROSECUTION SERVICE

THE LAW ON NATIONAL COUNCILS OF NATIONAL MINORITIES I. GENERAL PROVISIONS. Article 1

CONTENT OF THE AUDIT LAW

L A W ON THE STATE AUDIT INSTITUTION

LAW ON THE PROTECTOR OF HUMAN RIGHTS AND FREEDOMS

Law on the Deposit Insurance Agency (Official Gazette of the Republic of Serbia, No. 14/2015) (Unofficial Translation)

Government Decree No. 29/2008. (II. 19.) on the Powers and Competences of the Minister Heading the Prime Minister s Office

STATUTE CENTRAL SECURITIES DEPOSITORY AND CLEARING HOUSE. ("RS Official Gazette", No. 113/2006) I BASIC PROVISIONS. Article 1

LAW ON STATE AUDIT I. GENERAL PROVISIONS

Act on the Supervision of Credit Institutions, Insurance Companies and Securities Trading etc. (Financial Supervision Act)

Statute of the Slovak Research and Development Agency

ACT ON THE CHAMBER OF ARCHITECTS AND CHAMBERS OF ENGINEERS IN CONSTRCUTION AND PHYSICAL PLANNING I. GENERAL PROVISIONS

Striving for IP Excellence Korea s National Strategy for Intellectual Property FRAMEWORK ACT ON INTELLECTUAL PROPERTY

Numbered 2010/11 Prime Ministry Circular about Istanbul International Finance Center Administrative Structure was published in the Official Gazette

Law No. 15/2004 on E-signature and Establishment of the Information Technology Industry Development Authority (ITIDA)

Law No. 15/2004 on E-signature and Establishment of the Information Technology Industry Development Authority (ITIDA)

(Incorporated in the Cayman Islands with limited liability) (amended and restated with effect from 1 January 2016)

Regulation on the procedure and conditions for payment of tax liability by compensation

ACT. on Statutory Auditors, Their Self-Governing Organisation, Entities Authorised to Audit Financial Statements and on Public Oversight 1)

CROATIAN PARLIAMENT 1364

CONSULTATIVE COUNCIL OF EUROPEAN PROSECUTORS (CCPE)

EVERCHINA INT L HOLDINGS COMPANY LIMITED (the Company ) Audit Committee

E Lighting Group Holdings Limited 壹 照 明 集 團 控 股 有 限 公 司 (incorporated in the Cayman Islands with limited liability) Stock Code : 8222

Full list of mistakes and omissions of the English Version of the Hungarian draft- Constitution

REGULATION ON WORKING PRINCIPLES AND PROCEDURES OF THE ASSOCIATION OF THE INSURANCE AND REINSURANCE COMPANIES OF TURKEY

Fubon Financial Holding Co., Ltd. Corporate Governance Committee Organizational Rules

Act on the Supervision of Financial Institutions etc. (Financial Supervision Act)

ARTICLES OF INCORPORATION OF HSBC BANK ANONİM ŞİRKETİ PART ONE PROVISIONS AS TO ESTABLISHMENT

Adopted as of February _18_, 2014

LAW NO: 5549 ON PREVENTION OF LAUNDERING PROCEEDS OF CRIME

The Intergovernmental Relations Act, 2012

Basic Law on Intellectual Property (Law No.122 of 2002) (Provisional Translation)

I. BASIC PROVISIONS. Subject of regulation

THE CROATIAN PARLIAMENT. Pursuant to Article 88 of the Constitution of the Republic of Croatia, I hereby issue the DECISION

STT ENVIRO CORP. (the Company ) CHARTER OF THE CORPORATE GOVERNANCE AND NOMINATING COMMITTEE. As amended by the Board of Directors on May 10, 2012

TRADE INSURANCE ACT CHAPTER I GENERAL PROVISIONS

Wisconsin Library Law: Chapter 43. Summaries of Sections

LAW ON ORGANIZING AFFAIRS OF THE DEFENSE ATTORNEYS

BY-LAWS OF AUSTIN YOUNG LAWYERS ASSOCIATION, INC. ARTICLE I NAME AND PURPOSE

ALUMINUM CORPORATION OF CHINA LIMITED DETAILED IMPLEMENTATION RULES FOR THE AUDIT COMMITTEE UNDER THE BOARD OF DIRECTORS

HK Electric Investments Limited

THE LAW ON PRESCHOOL EDUCATION I. BASIC PROVISIONS

Public Finance and Expenditure Management Law

CHAPTER I. GENERAL PROVISIONS

CHAPTER E12 - ENVIRONMENTAL IMPACT ASSESSMENT ACT

Statute of the Serbian National Internet Domain Name Registry Foundation

How To Protect The Republic Of Croatia From Leaks

Estonian Health Insurance Fund Act

ARTICLES OF MANAGEMENT FOR CATHOLIC SECONDARY SCHOOLS

REPUBLIC OF BULGARIA NATIONAL ASSEMBLY TAX PROCEDURE ACT. Promulgated State Gazette No. 61/ Amended SG No. 20/1996.

Annex 4. (unofficial translation) In the Name of Allah, the Most Merciful, the Most Compassionate. Political Parties Act, 2007

STATUTES THE MAGYAR NEMZETI BANK CONSOLIDATED WITH CHANGES

Gladstone Ports Corporation Limited

REPUBLIC OF SLOVENIA THE LAW ON LOCAL SELF-GOVERNMENT

Corporate Governance Guidelines of Mitsubishi Heavy Industries, Ltd.

REGULATIONS. Art. 1. Art. 2.

CODE GOVERNANCE COMMITTEE CHARTER. 1 Functions and responsibilities of the Code Governance Committee

Municipal Code of the City of Battle Creek, Nebraska CHAPTER 2 COMMISSIONS AND BOARDS

D E C R E E FOR PROMULGATION OF THE LAW ON ELECTRONIC MANAGEMENT

LAW ON VOLUNTEERING Official Gazette of Republic of Macedonia no. 85 from

BAHRAIN TELECOMMUNICATIONS COMPANY B.S.C. AUDIT COMMITTEE CHARTER

Decree On National Health Insurance Fund. Government issued Decree: Chapter I General Provisions

i-control Holdings Limited 超 智 能 控 股 有 限 公 司 (incorporated in the Cayman Islands with limited liability) (the Company )

ISLAMIC AFFAIRS & CHARTABLE ACTIVITIES DEPARTMENT GOVERNMENT OF DUBAI

ORDER on the promulgation of the European Works Councils Act (ZESD)

Board means the Board of Directors of each of Scentre Group Limited, Scentre Management Limited, RE1 Limited and RE2 Limited.

Under the terms of Article 161c of the Constitution, the Assembly of the Republic hereby decrees the following: Chapter I GENERAL PROVISIONS

First Section General Provisions (Articles 1 to 8)

RS Official Gazette, No 38/2015

Lee & Man Paper Manufacturing Limited (Incorporated in the Cayman Islands with limited liability) (Stock Code: 2314)

Chapter No Emergency Government

Bylaws. for the Managing Board of Siemens Aktiengesellschaft. valid from October 1, 2015

CODE OF LAW PRACTICE Royal Decree No. (M/38) 28 Rajab 1422 [ 15-October 2001] Umm al-qura No. (3867) 17- Sha ban November 2001

(Act No. 66 of May 23, 1986) Chapter I General Provisions

Pursuant to Article 95, item 3 of the Constitution of Montenegro I hereby pass the ENACTMENT PROCLAIMING THE LAW ON BANKS

Articles and Memorandum of Association - English convenience translation -

CONTINUOUS DISCLOSURE AND MARKET COMMUNICATIONS POLICY

THE CORPORATE GOVERNANCE CODE FOR THE COMPANIES LISTED ON THE NATIONAL STOCK EXCHANGE OF LITHUANIA

CEAS ANALYSIS. of the Law on Amendments of the Law on the Security Intelligence Agency

Not an Official Translation On Procedure of Coming into Effect of the Law of Ukraine On State Regulation of the Securities Market in Ukraine

Corporate Governance Regulations

CONSTITUTION No part of the Party may adopt any rule, policy or procedure inconsistent with this Constitution except as required by law.

TERMS OF REFERENCE OF THE REMUNERATION AND APPRAISAL COMMITTEE OF THE BOARD OF DIRECTORS

MISSISSIPPI OCCUPATIONAL THERAPY ASSOCIATION BYLAWS

REGULATIONS ON THE BOARD OF DIRECTORS of OJSC Oil Company Rosneft

The City of Nottingham and Nottinghamshire Economic Prosperity Committee. Constitution (terms of reference, membership and procedure rules)

REGULATIONS REGARDING THE ORGANIZATION OF THE FOUNDATION

Corporate Governance Code for Shareholding Companies Listed on the Amman Stock Exchange

Department of Defense DIRECTIVE

Resolution 1244 (1999) Adopted by the Security Council at its 4011th meeting, on 10 June 1999

Towarowa Giełda Energii S.A. Statute unified text

Terms of Reference of the Nomination and Corporate Governance Committee of the Board of Directors of China International Capital Corporation Limited

Ministry of Labour and Social Policy LAW ON VOLUNTARY FULLY FUNDED PENSION INSURANCE ( )

German Corporate Governance Code

The Law of the City of Moscow. No. 30 dated the 30 th of June On the Chamber of Control and Accounts of Moscow

SENATE... No The Commonwealth of Massachusetts. In the Year Two Thousand Fourteen

ACT. [Long title substituted by s. 27 (1) of Act 33 of 2004.]

Transcription:

LAW ON THE BASES REGULATING SECURITY SERVICES OF THE REPUBLIC OF SERBIA ( Official Gazette of the RS, Nos. 116/2007, 72/2012) I GENERAL PROVISIONS Law content Article 1 Bases of security-intelligence system of the Republic of Serbia, directing and harmonizing of security services work in the Republic of Serbia (hereinafter: the security services) and supervising of their work shall be regulated by this Law. Establishing and functioning of the security services in the Republic of Serbia outside the provisions of this Law shall be prohibited. Security services functioning principles Article 2 The security services function on the basis and in the framework of the Constitution, laws, other regulations and general acts, national security strategy, defense strategy and defined security-intelligence policy of the Republic of Serbia. Security services members shall be obliged to act according to the Constitution, law, other regulations and general acts, rules of profession, impartially and neutrally in terms of politics. The security services members cannot be members of political parties. Security-Intelligence System Article 3 Security services constitute part of a unique security-intelligence system of the Republic of Serbia.

For addressing issues relevant for national security, the National Security Council shall be established, while Council s activities relevant for harmonizing and directing security services work shall be regulated by this Law. For operational harmonizing of security services work, the Bureau for security services work coordination (hereinafter: the Coordination Bureau) shall be established. Security services work shall be under democratic civil control of the National Assembly, the President of the Republic, the Government, the National Security Council, other state authorities and the public, in compliance with the law. II SECURITY SERVICES Article 4 Security services shall include the Security-Information Agency, as a separate organization, the Military-Security Agency and the Military-Intelligence Agency, as governing bodies within the Ministry of Defense. Security services shall perform their activities and tasks within their competences, in compliance with the law. Security services shall have a legal person status. III DIRECTING AND HARMONIZING THE SECURITY SERVICES FUNCTIONING 1. National Security Council Competency Article 5 The National Security Council (hereinafter: the Council) is a body of the Republic of Serbia that performs specific activities and tasks in the field of national security. The Council shall preserve national security by: - considering issues concerning defense, internal affairs and security services work; - considering mutual cooperation of bodies in charge of defense, bodies in charge of internal affairs and security services and their cooperation with other competent state bodies, as well as coordination with bodies and security services of foreign countries and international organizations;

- recommending measures to competent state bodies for national security promotion; - considering proposals for national security promotion submitted by bodies in charge of defense, bodies in charge of internal affairs, security services and other competent state bodies; - considering issues in the scope of state administration bodies, autonomous provinces, municipalities, towns and the city of Belgrade relevant for national security; - considering other issues relevant for national security. The Council shall direct and harmonize security services work by: - considering intelligence-security assessments and making conclusions that define priorities and protection manners, and directing realization of national interests carried out by intelligence-security activities; - making conclusions regarding the work of the security services and the Coordination Bureau; - making conclusions directing and harmonizing the work of the security services; - making conclusions directing cooperation of the security services with security services of foreign countries and international organizations; - making conclusions harmonizing state bodies activities dedicated to international cooperation in the field of national security and defense; - supervising the implementation of its conclusions; - delivering opinions on proposals of annual and middle-term work agendas of security services; - delivering opinion to the Government on security services budget proposals and supervising the implementation of approved budgetary funds; - delivering opinion to the Government on proposal for appointing and dismissing the security services director. The Council shall assure the agreed application of regulations and standards for the protection of data on person, as well as other provisions protecting human rights potentially affected by information exchange or by other operational actions.

Council constituents Article 6 The Council members shall be: - President of the Republic - President of the Government - Minister of Defense - Minister of Internal Affairs - Minister of Justice - Chief of General Staff of the Serbian Armed Forces; - Directors of security services. Council Secretary Article 7 The Council shall have a Secretary, who participates in the work of the Council, with no right to make decisions. The Council Secretary shall assure the Council s conclusions implementation and shall perform other duties defined by the Rules of procedure of the Council and its other acts. Secretary of the Council shall be appointed and dismissed by the President of the Republic. The Council s Office Article 8 The Government shall issue regulation establishing the Office of the National Security Council (hereinafter: the Council s Office), as a government service performing expert and administrative activities for the Council s needs, particularly for: - activities related to convening and preparation of the Council s sessions; - expert activities related to monitoring the implementation of the Council s guidelines and conclusions;

- activities of administrative-technical support to the Coordination Bureau; - storing and providing reports and other acts of the Council to the Council members for inspection. Council s modus operandi Article 9 Council s session shall be convened by the President of the Republic. Draft agenda of a session shall be defined by the President of the Republic and the President of the Government. Council s session shall be chaired by the President of the Republic, and in his absence the President of the Government. Conclusions and other acts of the Council shall be signed by the President of the Republic. Council s sessions shall be held when the necessity arise, at least once in three months. At his initiative or at the initiative of a Council member, the President of the Republic can invite heads of other state bodies and institutions, and other non-members of the Council to participate the Council s sessions. Rules of procedure of the Council Article 10 The Council shall pass the Rules of procedure. The Rules of procedure and other general acts of the Council lay down in detail other issues relevant for the work of the Council, the Coordination Bureau and the Council s Office, as well as manner in which administrative and technical activities for the Council shall be administered. 2. Coordination Bureau Bureau s competence Article 11 The Coordination Bureau shall operatively harmonize security services work and it shall administer conclusions of the Council related to the issues within its competences.

The Coordination Bureau shall particularly: - define tasks that are to be carried out through operative harmonization of activities of security services, and the activities of security services with other state bodies, and shall, in that regard, coordinate their activities; - define mode of operative harmonization in certain cases; - form mixed working groups for operative tasks carried out through operative harmonization of activities, and shall define their tasks; - analyze the results of operative harmonization and if need be report to the Council on those, at least once in six months. The functioning of the Coordination Bureau is defined in detail in the Council s Rules of procedures. Bureau constituents Article 12 The Coordination Bureau shall be comprised of security services directors and the Council Secretary. If invited, the following individuals may participate in the work of the Coordination Bureau: - Ministry of Foreign Affairs representatives; - Police Director and chiefs of the Police departments; - Public Prosecutor of the Republic; - Customs Administration Director; - heads of other state bodies, organizations and institutions. Cooperation with the Council Article 13 In accordance with their constitutional and legal position, relevant state bodies shall be required to cooperate with the Council in issues within the Council s competence, primarily in implementing Council s conclusions.

In case the relevant state body shall not cooperate with the Council or shall not implement conclusions of the Council, the Council s Secretary shall without delay present the fact to the Council, which can, in that case, request from the head of the state body to take all the measures stipulated by the law that would result in establishing cooperation of the state body with the Council or in implementing a conclusion of the Council. Funding Article 14 Funds for the functioning of the Council shall be provided in the budget of the Republic of Serbia. IV SUPERVISION OF SECURITY SERVICES WORK Supervision principles Article 15 Supervision of security services work shall be based on the following principles: - subordination and accountability of the security services to the elected authorities of the Republic of Serbia; - neutrality of the security services in terms of policies, ideologies and interests; - obligation of the security services to inform the public about the conducted tasks in accordance with the law; - responsibility of the subjects charged with supervision of the security services to inform the public about the results of their supervision; - professional accountability and operational independence of the security service officers in conducting the assigned duties and security executives accountability for the performance of the services. Parliamentary supervision Article 16 The National Assembly shall supervise the security services directly and through an authorized committee of the National Assembly (hereinafter: the Committee). The Committee in particular: - supervises the constitutionality and legality of the work of the security services; - supervises the compliance of security services work with the national security strategy, defense strategy and security-intelligence policy of the Republic of Serbia;

- supervises the adherence to the prescribed neutrality of the security services in terms of policies, ideologies and interests; - supervises the legality of the application of special procedures and measures for secret data gathering; - supervises the legality of budgetary and other resources expenditure; - reviews and approves reports on security services work; - reviews draft laws, other regulations and general acts that lie within the competence of the security services; - initiates motions and submits draft laws within the competence of the services; - considers citizens proposals, petitions and requests addressed to the National Assembly with regard to security services work, proposes measures for their resolution and subsequently notifies the submitters; - establishes the facts regarding the observed violations and irregularities on the part of the services and their members and reaches conclusions on the issues; - informs the National Assembly about its conclusions and proposals. Committee sessions Article 17 The Director of the security service is obliged to come to the sittings summoned at the Committee s request. If the Director of the security service is unable to attend the session, he/she is obliged to delegate his/her deputy or authorized representative to a Committee sitting. Committee sittings may be closed for the public. In that case, the Committee Chairman shall inform the public about the activities of the Committee pursuant to the decisions reached during the Committee sitting. Report to the Committee Article 18 The Director of the security service shall submit a report on the work of the service at least once during the regular session of the National Assembly (regular report). The Director of the security service shall also report to the Committee if need be or at the request of the Committee (extraordinary report). Direct supervision Article 19 Upon the request from the Committee, the Director of the security service is obliged to grant Committee members access to the service premises, allow them access to papers,

provide them with data and information on work of the service and answer their questions regarding the work of the service. Committee members are not authorized to demand from security services information on: - identities of current and former agents of the service; - security service members with concealed identity; - third parties if disclosure of such information might be damaging to them; - methods of obtaining intelligence and security data; - ongoing actions; - application mode of special procedures and measures; - data and information obtained through exchange with its foreign counterparts and international organizations; - confidential data and information of other state authorities in the possession of the service. Confidentiality statement Article 20 Even upon termination of their membership or their engagement to the Committee, members and persons engaged in the activities of the Committee are obliged to safeguard and preserve confidential information they receive on the Committee. Committee members sign a confidentiality statement following their election to the Committee and persons engaged in the activities of the Committee do the same before their engagement to the Committee. Public oversight Article 21 Security services shall inform the public about their work through authorities to which they submit their reports in a manner that does not infringe citizens rights, national security or other interests of the Republic of Serbia. Security services may also inform the public directly about specific security phenomena and events. V TRANSITIONAL AND FINAL PROVISIONS Article 22 Security services work shall be governed by special laws in accordance with the present Law.

Pending the entry into force of paragraph 1 of this Article, provisions of the Law on Security Services of the Federal Republic of Yugoslavia (Official Gazette of FRY, No. 37/02 and Official Gazette of Serbia and Montenegro No. 17/04) and the Law on the Security-Information Agency (Official Gazette of the Republic of Serbia, No. 42/02), which are not inconsistent with the provisions of the present Law, shall apply. The relevant authorities shall adopt necessary regulations that prescribe the enforcement of this Law. Article 23 This Law shall come into force eight days after its publication in the Official Gazette of the Republic of Serbia.