LAW ON THE FOUNDATIONSFOR THE REGULATION OF SECURITY SERVICES OF THE REPUBLIC OF SERBIA("Off. Herald of RS", Nos. 116/2007 and 72/2012) |
Article 1
This Law governs the foundations of security and intelligence system of the Republic of Serbia, direction and harmonization of operation of security services in the Republic of Serbia (hereinafter: the security services), and supervision over their operation.
Establishment and operation of security services in the Republic of Serbia outside the provisions of this Law is prohibited.
Security Services Operating Principles
Article 2
The security services shall operate on the basis and within the framework of the Constitution, laws, other regulations and general acts, national security strategy, defense strategy and defined security and intelligence policy of the Republic of Serbia.
Members of security services shall act in line with the Constitution, law, other regulations and general acts, according to professional standards, impartially and politically neutral.
Members of security services may not be members of political parties.
Article 3
Security services constitute a part of the unified security and intelligence system of the Republic of Serbia.
The National Security Council is established for the purposes of consideration of issues relevant for national security and this Law especially regulates the Council's activities relevant for harmonization and direction of operation of security services.
For operational harmonization of security services operation, the Bureau for Security Services’ Work Coordination (hereinafter: the Coordination Bureau) is established.
The operation of security services is subject to 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 accordance with the Law.
Article 4
Security services comprise of the Security Information Agency, as a separate organization, the Military Security Agency, and the Military Intelligence Agency, as administrative bodies within the Ministry of Defense.
Security services perform the activities and tasks within their competences pursuant to the Law.
Security services have the status of a legal person.
III DIRECTION AND HARMONIZATION OF OPERATION OF SECURITY SERVICES
Article 5
The National Security Council (hereinafter: the Council) is a body of the Republic of Serbia which performs specific activities and tasks in the field of national security.
The Council shall protect national security by:
- Considering issues in the fields of defense, internal affairs and work of security services;
- 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 cooperation with bodies and security services of foreign countries and international organizations;
- Recommending measures to competent state bodies that improve national security;
- Considering proposals for improvement of national security submitted by bodies in charge of defense, bodies in charge of internal affairs, security services and other competent state bodies;
- Considering issues from the scope of authorities belonging to state administration, autonomous provinces, municipalities, towns and the city of Belgrade relevant to national security;
- Considering other issues relevant for national security.
The Council shall direct and harmonize the work of security services by:
- Considering intelligence and security estimates and making conclusions whereby it defines priorities and manners of protection and directs the achievement of national interests implemented by intelligence and security activities;
- Making conclusions regarding the work of security services and the Coordination Bureau;
- Making conclusions whereby it directs and harmonizes the operation of security services;
- Making conclusions whereby it directs cooperation of the security services with security services of foreign countries and international organizations;
- Making conclusions whereby it harmonizes the activities of state bodies 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 medium-term plans of operation of security services;
- Delivering opinions to the Government on security services budget proposals and supervising the realization of approved budgetary funds;
- Delivering opinion to the Government on the proposal for appointing and dismissing the directors of security services.
The Council shall care for harmonized application of regulations and standards for the protection of personal data, as well as other regulations protecting human rights which may be jeopardized by information exchange or by other operational activities.
Article 6
Members of the Council are:
- President of the Republic;
- Prime Minister;
- Minister of Defense;
- Minister of Internal Affairs;
- Minister of Justice;
- Chief of General Staff of the Serbian Armed Forces;
- Directors of security services.
Article 7
The Council has a secretary, who participates in the work of the Council without the right to make decisions.
The Council Secretary shall ensure the implementation of the Council's conclusions and shall perform other duties defined by the Rules of Procedure of the Council and other acts of the Council.
The Council Secretary shall be appointed and dismissed by the President of the Republic.
Article 8
The Government shall issue a regulation establishing the Office of the National Security Council (hereinafter: Office of the Council), as a government service performing expert and administrative activities for the Council's needs, in particular:
- Activities related to convening and preparation of the Council's sessions;
- Expert activities related to the monitoring of implementation of the Council's guidelines and conclusions;
- Activities of administrative and technical support to the Coordination Bureau;
- Storing and providing reports and other acts of the Council to the Council members for inspection.
Article 9
Council's session shall be convened by the President of the Republic. Draft agenda of the session shall be determined by the President of the Republic and the Prime Minister.
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 as needed, at least once in three months.
At his initiative or at the initiative of a Council member, the President of the Republic may summon heads of other state bodies and institutions, and other non-members of the Council to 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 bylaws of the Council shall regulate other issues relevant for the work of the Council, the Coordination Bureau and the Office of the Council, as well as manner in which administrative and technical services to the Council shall be provided.
Article 11
The Coordination Bureau shall operatively harmonize the work of security services and administer conclusions of the Council related to the issues within its competences.
The Coordination Bureau shall in particular:
- Define tasks to be carried out through operative harmonization of activities of security services, and security services and other state bodies, and it shall, in that regard, coordinate their activities;
- Define mode of operative harmonization in specific cases;
- Form mixed work groups for operative tasks carried out through operative harmonization of activities, and define their tasks;
- Analyze the results of operative harmonization and, if needed, report on them to the Council, at least once in six months.
The operation of the Coordination Bureau shall be regulated in more detail by the Council's Rules of Procedure.
Article 12
The Coordination Bureau shall be comprised of security services’ directors and the Council’s Secretary.
If summoned, the following individuals may participate in the work of the Coordination Bureau:
- Representatives of the Ministry of Foreign Affairs;
- Police Director and chiefs of Police departments;
- Public Prosecutor of the Republic;
- Customs Administration Director;
- Heads of other state bodies, organizations and institutions.
Article 13
In accordance with their constitutional and legal position and within their competence, state bodies shall be required to cooperate with the Council when dealing with issues within the Council's competence, primarily when implementing the Council's conclusions.
If a state body within its competence fails to cooperate with the Council or to implement conclusions of the Council, the Council's Secretary shall without delay inform the Council of that fact, which may in that case request from the head of the state body to implement all measures stipulated by the law for the establishment of cooperation of the state body with the Council or for the execution of the conclusion of the Council.
Article 14
Funds for the operation of the Council shall be provided in the budget of the Republic of Serbia.
IV SUPERVISION OF SECURITY SERVICES’ WORK
Article 15
Supervision over the work of security services shall be based on the following principles:
- Subordination and accountability of the security services to the elected authorities of the Republic of Serbia;
- Political, ideological, and interest neutrality of the security services;
- Obligation of the security services to inform the public on execution of their tasks, in compliance with the law;
- Duty of the subjects in charge of supervision over the security services to inform the public about the results of their supervision;
- Professional accountability and operational independence of member of security services in conducting the assigned tasks and accountability of the heads of security services for the performance of the services.
Article 16
The National Assembly shall monitor the security services directly and through competent committee of the National Assembly (hereinafter: the Committee).
The Committee shall in particular:
- Monitor the constitutionality and legality of the operation of the security services;
- Monitor the compliance of the operation of the security services with the national security strategy, defense strategy and security and intelligence policy of the Republic of Serbia;
- Monitor the adherence to the prescribed political, ideological, and interest neutrality of the security services;
- Monitor the legality of the application of special procedures and measures for secret data gathering;
- Monitor the legality of budgetary and other resource expenditure;
- Review and approve reports on the operation of security services;
- Review drafts of laws, other regulations and bylaws that lie within the competence of security services;
- Initiate motions and submit draft laws within the competence of the services;
- Consider citizens' proposals, petitions and requests addressed to the National Assembly with regard to the operation of the security services, and propose measures for their resolution and subsequently notify the submitters thereof;
- Establish the facts regarding the observed illegalities and irregularities in work of services and their members and reach conclusions on these issues;
- Inform the National Assembly on its conclusions and proposals.
Article 17
The director of a security service shall attend the session when summoned by the Committee. If the director of a security service is unable to attend the Committee’s session, he/she shall delegate his/her deputy i.e. authorized representative to attend the session.
Sessions of the Committee may be closed to the public. In that case, the Committee chairman shall inform the public on the activities of the Committee, in accordance with the decisions reached during the Committee’s session.
Article 18
The director of a security service shall submit to the Committee a report on the work of the service at least once during the regular session of the National Assembly (regular report).
The director of a security service shall also submit a report to the Committee when needed or at the request of the Committee (extraordinary report).
Article 19
Upon request of the Committee, the director of a security service shall grant access to the service premises to the members of the Committee, allow them access to documentation, provide them with data and information on the operation of the service and answer their questions regarding the operation of the service.
Members of the Committee may not demand from security services information on:
- Identities of current and former collaborators 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 operations;
- Manner of application of special procedures and measures;
- Data and information obtained through exchange with its foreign services and international organizations;
- Confidential data and information of other state authorities in the possession of the service.
Article 20
Even upon termination of their membership or their work in the Committee, members and persons engaged in the activities of the Committee shall safeguard and preserve confidential information they come into contact with while working in the Committee.
Committee members shall sign a confidentiality statement following their election to the Committee and persons engaged in the activities of the Committee shall do the same prior to their engagement in the Committee.
Article 21
Security services shall inform the public on their operation 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 on specific security incidents and events.
V TRANSITIONAL AND FINAL PROVISIONS
Article 22
The operation of security services shall be regulated 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 Herald of the Republic of Serbia", No. 42/02), which are contrary to the provisions of the present Law, shall apply.
The relevant authorities shall adopt the necessary secondary legislation for the purpose of implementation of this Law.
Article 23
This Law shall enter into force on the eighth day after the day of its publication in the "Official Herald of the Republic of Serbia".
PUBLISHER’S NOTE
On the day the Law on Data Secrecy enters into force ("Off. Herald of RS", No. 104/2009), i.e. on December 24, 2009, the Office of the National Security Council shall continue to operate under the name Office of the National Security Council and Classified Information Protection.