Law on Intelligence–security agency of Bosnia and Herzegovina
Odluka kojom se donosi Zakon o izmjenama i dopunama Zakona o Obavještajno-sigurnosnoj agenciji Bosne i Hercegovine od 01.05.2004.
Zakon o izmjenama i dopunama Zakona o Obavještajno-sigurnosnoj agenciji Bosne i Hercegovine od 07. 07. 2006.
Zakon o izmjenama i dopunama Zakona o Obavještajno-sigurnosnoj agenciji Bosne i Hercegovine od 29. 01. 2009.
Law on Intelligence–security agency of Bosnia and Herzegovina
I GENERAL PROVISIONS
II DUTIES AND TASKS OF THE AGENCY
III EXTERNAL DIRECTION AND OVERSIGHT OF THE AGENCY
(a) Rights and Responsibilities of the Presidency
of Bosnia and Herzegovina
(b) Rights and Responsibilities of the Council of
Ministers
(c) Rights and Responsibilities of the Chair of the
Council of Ministers
(d) Executive Intelligence Committee
(e) Parliamentary Oversight
IV INTERNAL DIRECTION AND CONTROL OF THE AGENCY
(a) Rights and Responsibilities of the Director-General
and Deputy Director-General
(b) Rights and Responsibilities of the Inspector
General
(c) General Provisions
V STAFF OF THE AGENCY
(a) Employment
(b) Rights and Duties
(c) Incompatibilities
(d) Performance Evaluation
(e) Transfer
(f) Salaries
(g) Other Remuneration
(h) Accident and Illness
(i) Criminal Proceedings and Damage Inflicted in
the Course of Duties
(j) Disciplinary Responsibility
(k) Termination of Employment
(l) Identification Cards
VI OPERATIVE PRINCIPLES
VII INTERNATIONAL COOPERATION
VIII COLLECTION OF INFORMATION
(a) General Authorizations
(b) Secret Information Gathering Subject to Authorization
by the Director-General
(c) Secret Information Gathering Subject to Judicial
Authorization
IX DATA MANAGEMENT
X FUNDING OF THE AGENCY
XI TRANSITIONAL AND FINAL PROVISIONS
On the basis of Article IV.4.a) of the Constitution of Bosnia and Herzegovina, the Parliamentary Assembly of Bosnia and Herzegovina at the Session of the House of Representatives, held on 22 March, 2004, and at the Session of the House of Peoples, held on 22 March, 2004, adopted the following:
LAW ON THE INTELLIGENCE AND SECURITY AGENCY OF BOSNIA AND HERZEGOVINA
Article 1
This Law establishes the Intelligence and Security Agency
of Bosnia and Herzegovina (hereinafter: the Agency), which shall be responsible
for gathering, analyzing and disseminating intelligence in order to protect
the security, including the sovereignty, territorial integrity and constitutional
order, of Bosnia and Herzegovina.
The Agency shall conduct its work in accordance with the Constitution of Bosnia
and Herzegovina, including the European Convention for the Protection of Human
Rights and Fundamental Freedoms and its Protocols referenced therein and international
treaties and agreements that Bosnia and Herzegovina has signed or entered
into.
Article 2
The Agency shall be a civil intelligence and security institution,
which shall have the status of an independent administrative organisation
of Bosnia and Herzegovina.
The Agency has the status of a legal entity.
The Agency is formed from those civilian intelligence-security institutions
formerly operating in the Federation of Bosnia and Herzegovina (hereinafter:
the Federation) and Republika Srpska.
No other civilian intelligence-security structures may be established or may
operate in Bosnia and Herzegovina.
Article 3
The Agency has jurisdiction throughout the territory of Bosnia
and Herzegovina.
The Headquarters of the Agency is in Sarajevo.
The internal organisation of the Agency shall be determined by the Book of
Rules on Internal Organisation whereby the organisational units shall be established
taking into consideration the Constitutional structure of Bosnia and Herzegovina.
The Book of Rules on Internal Organization shall be issued by the Director-General
of the Agency in consultations with the Deputy Director-General and with the
approval of the Council of Ministers of Bosnia and Herzegovina (hereinafter:
The Council of Ministers).
Article 4
Financial means for the work of the Agency shall be provided entirely from the State budget, in accordance with the Law regulating the Treasury of the Institutions of Bosnia and Herzegovina.
II - DUTIES AND TASKS OF THE AGENCY
Article 5
The Agency shall be responsible for gathering intelligence
both within and outside Bosnia and Herzegovina regarding threats to the security
of Bosnia and Herzegovina, analyzing such intelligence, and disseminating
such intelligence to the officials and bodies listed in Article 6, paragraph
5 of this Law, as well as gathering, analyzing and disseminating intelligence
for the purpose of providing assistance to authorized officials as defined
in criminal procedure codes in Bosnia and Herzegovina and other competent
bodies in Bosnia and Herzegovina, where necessary to prevent threats to the
security of Bosnia and Herzegovina.
For the purpose of this Law, "threats to the security of Bosnia and Herzegovina"
shall be understood to mean threats to the sovereignty, territorial integrity,
constitutional order, and fundamental economic stability of Bosnia and Herzegovina,
as well as threats to global security which are detrimental to Bosnia and
Herzegovina, including:
a) terrorism, including international terrorism;
b) espionage directed against Bosnia and Herzegovina or otherwise detrimental
to the security of Bosnia and Herzegovina;
c) sabotage directed against the vital national infrastructure of Bosnia and
Herzegovina or otherwise directed against Bosnia and Herzegovina;
d) organized crime directed against Bosnia and Herzegovina or otherwise detrimental
to the security of Bosnia and Herzegovina;
e) drug, arms and human trafficking directed against Bosnia and Herzegovina
or otherwise detrimental to the security of Bosnia and Herzegovina;
f) illegal international proliferation of weapons of mass destruction, or
the components thereof, as well as materials and tools required for their
production;
g) illegal trafficking of internationally controlled products and technologies;
h) acts punishable under international humanitarian law; and
i) organized acts of violence or intimidation against ethnic or religious
groups within Bosnia and Herzegovina.
In performing the activities listed in paragraphs 1 and 2 of this Article,
the Agency shall be entitled to make use of those operational tools and methods
listed in Chapter VIII and Chapter IX of this Law.
Article 6
The Agency shall exchange intelligence and develop other types
of co-operation with intelligence and security services in other states and
other foreign and international institutions for the purpose of performing
those tasks listed in paragraphs 1 and 2 of Article 5 of this Law, in accordance
with Article 70 and 71 of this Law.
The Agency shall use its operative means and methods in order to provide protection
for institutions of special importance and facilities of Bosnia and Herzegovina
as well as the institutions of special importance and facilities of the Federation,
Republika Srpska and Brcko District of Bosnia and Herzegovina (hereinafter:
Brcko District), and diplomatic missions of Bosnia and Herzegovina located
abroad, as well as to provide protection for State visits and other events,
as designated by the Presidency of Bosnia and Herzegovina (hereinafter: the
Presidency) or the Director-General. The Agency shall not provide physical
protection for such institutions and events.
The Agency shall cooperate with the International Criminal Tribunal for the
Former Yugoslavia, inter alia, by providing information to the Tribunal concerning
persons responsible for serious violations of international humanitarian law
in the territory of the former Yugoslavia since 1991 (hereinafter: the International
Tribunal).
The Agency shall provide the security clearance of individuals seeking employment
in the Agency for the purpose of determining their level of responsibility
and confidentiality, as well as provide security checks of those individuals
seeking citizenship of Bosnia and Herzegovina.
As necessary to fulfill its duties under this Law, the Agency shall keep the
following officials and bodies informed of intelligence matters in a timely
manner, both upon its own initiative and upon the request of the latter: the
Presidency of Bosnia and Herzegovina (collectively) (hereinafter: the Presidency),
the Chair of the Council of Ministers, the Minister of Foreign Affairs, the
Minister of Security, Minister of Defence, the Presidents, Vice-Presidents
and Prime Ministers of the Federation and Republika Srpska, the Ministers
of Interior of the Federation and Republika Srpska, the Chair and Deputy Chairs
of the House of Representatives of Bosnia and Herzegovina, the Chair and Deputy
Chairs of the House of Peoples of Bosnia and Herzegovina, the Speaker and
Deputy Speakers of the Republika Srpska National Assembly, and the Chair and
Deputy Chairs of the Federation House of Representatives, the Chair and Deputy
Chairs of the Federation House of Peoples, as well as the Intelligence-Security
Committee of the Parliamentary Assembly of Bosnia and Herzegovina (hereinafter:
Intelligence-Security Committee).
Information shall be provided on a "need-to-know" basis, unless
otherwise provided by this Law.
The Agency shall prepare, and make available to the public, an annual report
concerning its objectives, policies and the general focus of its activities
based on non-confidential information.
III -EXTERNAL DIRECTION AND OVERSIGHT OF THE AGENCY
a) Rights and responsibilities of the Presidency of Bosnia and Hezegovina
Article 7
The Presidency shall be responsible for the following:
1. Receiving intelligence in accordance with Article 6 of this Law.
2. Receiving reports from the Chair regarding matters within the competence
of the Chair, which shall include actions taken to correct any problems in
the Agency made evident by an inspection, audit or investigation;
3. Directing the Inspector-General to conduct an inspection, audit or investigation
concerning an actual or potential problem with regard to the work of the Agency
that may pose a threat to the responsibilities of the Presidency;
4. Reviewing and providing an opinion on the reports from the Inspector General,
pursuant to Article 33 of this Law;
5. Approving the annual Intelligence Policy Platform containing general guidelines
for the work of the Agency in line with international practice. The Intelligence
Policy Platform shall be prepared by the Council of Ministers and adopted
by the Parliamentary Assembly of Bosnia and Herzegovina;
6. Approving an annual report on the work and expenditures of the Agency;
7. Approving, upon the Chair's recommendation, arrangements between the Agency
and an Institution of a foreign State, an international organization of states
or an institution thereof;
8. Approving general principles for coordination and assistance between and
among the Agency and bodies and institutions in Bosnia and Herzegovina, in
accordance with Article 67 of this Law. The general principles for coordination
and assistance shall be prepared by the Council of Ministers;
9. Assessing/providing an opinion on the nominees for the Director-General,
and the Deputy-Director General, as prescribed by Article 25 of this Law,
upon the nomination of the Chair of the Council of Ministers.
10. Determining a list of those institutions and facilities subject to protection
pursuant to Article 6, paragraph 2 of this Law.
Notwithstanding the competencies of the Presidency enumerated under this Article,
the Chair of the Council of Ministers shall be solely responsible for the
supervision and direction of the Agency's work, which shall be undertaken
in a manner consistent with Article 10 of this Law.
In the exercise of its authority under this Article, all communications between
the Presidency of BiH and the Agency shall be directed through the Chair,
and the Presidency, collectively or any individual member thereof, shall not
issue instructions to, or otherwise direct the work of the Director-General,
the Deputy Director-General, or any other employee of the Agency, except for
the Inspector-General pursuant to paragraph 1, item 3 of this Article.
(b) Rights and Responsibilities of the Council of Ministers
Article 8
The Council of Ministers shall be responsible for the following:
1. Preparing an annual Intelligence-Security Policy Platform, containing general
guidelines for the work of the Agency in line with international practice;
2. Approving the Book of Rules on Internal Organization of the Agency;
3. Approving the annual Activity Programme of the Agency, taking into consideration
the written opinion of the Ministry of Finance and Treasury on the financial
aspects of such Programme and the Ministry of Foreign Affairs of Bosnia and
Herzegovina regarding issues within its competence;
4. Considering an annual report on the work and expenditures of the Agency;
5. Defining general principles for coordination and assistance between and
among the Agency and bodies and institutions in Bosnia and Herzegovina, in
accordance with Article 67 of this Law;
(c) Rights and Responsibilities of the Chair of the Council of Ministers
Article 9
The Chair shall coordinate the activities of the Agency and provide guidance regarding intelligence-security policy. S/he shall supervise, and be politically responsible for, the work of the Agency. S/he shall take into account the views of the Executive Intelligence Committee and the Council of Ministers as a whole in carrying out his/her responsibilities pursuant to Article 10 of this Law.
Article 10
The Chair shall be responsible for the following:
1. Supervising the operation of the Agency and ensuring the lawful performance
of its work, including by providing general guidelines to the Agency for the
performance of tasks within its competency under Articles 5 and 6 of this
Law in a manner that shall promote the effectiveness and responsibility of
the Agency;
2. Formulating policies for development of the Agency, and issuing guidelines
for the implementation of such policy in coordination with the Director-General;
3. Issuing instructions necessary for the implementation of this Law;
4. Convening the Executive Intelligence Committee at least once each calendar
month;
5. Providing an annual briefing on the activities of the Agency to the Presidency
and the Parliamentary Assembly of Bosnia and Herzegovina;
6. Providing reports concerning matters within his/her competence under this
Law to the Intelligence-Security Committee pursuant to Article 18 of this
Law;
7. Reviewing and approving all requests for intelligence support and forwarding
approved requests to the Director-General;
8. Forwarding to the Director-General and other relevant subjects requests
for support from the International Tribunal;
9. After receiving the opinion of the Intelligence-Security Committee on the
proposed budget of the Agency, submitting the proposal to the Council of Ministers
for incorporation into the annual budget of the institutions of Bosnia and
Herzegovina, to be adopted by the Parliamentary Assembly;
10. Directing the Inspector General to conduct an inspection, audit or investigation
concerning an actual or potential problem within the Agency and to undertake
necessary measures for the purpose of removing detected problems, examination
of liability and possible sanctioning;
11. Reviewing reports from the Inspector General on the disposition of complaints
against the Agency investigated by the Inspector General; and
12. Ensuring that a security clearance of the Director-General, Deputy Director-General
and Inspector General is carried out prior to their appointment.
Article 11
The Chair may not, in whole or in part, assume the responsibilities
and rights of the Director-General or the Deputy Director-General as set forth
in this Law.
An Intelligence-Security Advisory Service within the Council of Ministers
reporting to the Chair shall be formed by the Chair for the sole purposes
of providing support to the Chair so as to enable him/her to carry out the
responsibilities enumerated in Article 10 of this Law and acting as the Secretariat
to the Executive Intelligence Committee. Employees of the Intelligence-Security
Advisory Service may not issue instructions to, or otherwise direct the work
of, the Director-General, the Deputy Director-General, the Inspector General
or other employees of the Agency.
Employees of the Intelligence-Security Advisory Service shall be subject to
the Law on Civil Service in the Institutions of Bosnia and Herzegovina. Their
appointment to the Intelligence-Security Advisory Service shall be made by
the Chair, in consultation with the Director-General. Employees of the Intelligence-Security
Advisory Service must undergo a security clearance carried out prior to their
employment.
The Chair shall, after consultation with the Executive Intelligence Committee
and the Director-General, issue a Book of Rules on the organization of the
Intelligence-Security Advisory Service and the responsibilities of its employees.
The Chair may require the Director-General to direct employees of the Agency
to provide expert assistance to the Intelligence-Security Advisory Service,
where s/he deems necessary.
d) Executive Intelligence Committee
Article 12
In order to advise the Chair of the Council of Ministers on
his tasks as outlined in Article 10 of this Law and to facilitate co-ordination
of intelligence-security matters, the Chair of the Council of Ministers shall
establish an Executive Intelligence Committee (hereinafter the Executive Committee).
Apart from the Chair of the Council of Ministers, the Executive Committee
shall consist of the two Deputies of the Chair of the Council of Ministers,
or two Ministers from the Council of Ministers, so that the composition of
the Executive Committee in any case reflects representation of all the three
constituent peoples.
The Chair of the Council of Ministers shall be the Chairman of the Executive
Committee.
The Executive Committee shall meet at least once each calendar month.
The Chairman shall convene Executive Committee meetings by communicating the
time, venue and agenda of the meeting to all members of the Executive Committee.
The members of the Executive Committee can propose to the Chair items for
inclusion in the agenda prior to the session.
The Chairman shall prepare the Rules of Procedure of the Executive Committee.
This Rules of Procedures shall be adopted by the Executive Committee.
Article 13
The Executive Committee shall be responsible for the following:
1. Advising the Chair of the Council of Ministers on his tasks as outlined
in Article 10 of this Law;
2. Discussing all issues under the competence of the Council of Ministers
regarding the Intelligence and Security Agency prior their discussion at a
session of the Council of Ministers;
3. Resolving inter-Governmental and inter-Ministerial matters as they relate
to intelligence-security;
4. Asserting over all matters that have been submitted by the Chairman, or,
with his permission, by any of the members of the Executive Committee.
Article 14
For the execution of tasks outlined in Article 13, the Executive
Committee shall review:
1. Reports from the Chair regarding matters within the competence of the Chair;
2. Reports from the Director-General regarding the operations of the Agency;
3. Reports from the Inspector-General pursuant to Article 33 of this Law.
Article 15
The Intelligence-Security Advisory Service shall act as the Secretariat to the Executive Committee.
Article 16
The Executive Committee or any individual member therein may not issue instructions to, or otherwise direct the work of the Director-General, the Deputy Director-General, the Inspector General or other employees of the Agency.
Article 17
The members of the Executive Committee shall be bound by an obligation of secrecy with respect to information concerning official, military or state secrets to which they have had access in their capacity of members. This obligation shall remain in effect after termination of their membership to the committee.
Article 18
The House of Representatives and the House of Peoples of the
Parliamentary Assembly of Bosnia and Herzegovina shall jointly establish an
Intelligence-Security Committee for the oversight of the Agency.
The Intelligence-Security Committee shall consist of twelve (12) members,
six (6) from each of the two Houses. Members nominated for the Committee shall
undergo a security clearance performed by the Agency. The Collegia of both
Houses of the Parliamentary Assembly of Bosnia and Herzegovina shall prescribe
requirements necessary for obtaining security clearance for the work in the
Committee.
In cases where the Agency denies issuance of a security clearance to a nominee,
the Collegium of the Parliamentary Assembly may request that the Agency reconsider
such denial if it has justified concerns as to its legitimacy. Should the
Agency reaffirm the original denial, the Collegium shall either put forward
the name of another candidate or confirm its initial proposal.
The Intelligence-Security Committee shall have a Chairman selected from among
the Committee members who must be a member of a party represented in one of
the Houses of the Parliamentary Assembly of Bosnia and Herzegovina that is
not a part of the governing coalition. Members of the Committee shall be nominated
according to the principle of proportional representation of the political
parties in the House of Representatives. Each of the three constituent peoples
shall be represented on the Committee.
Article 19
The Intelligence-Security Committee shall hold sessions at
least biannually.
The Chairman of the Committee shall convene sessions at his/her initiative
and upon the written request of at least seven (7) members he/she shall obligatory
and immediately convene the session of the Committee pursuant to the Rules
of Procedure.
The sessions of the Committee shall be closed to the public unless otherwise
decided by the Committee.
The Intelligence-Security Committee shall be responsible for:
1. Overseeing the legality of the work of the Agency;
2. Holding hearings on the appointment of the Director-General and Deputy
Director-General of the Agency and expressing an opinion on such appointment;
3. Reviewing reports from the Chair regarding matters within the competence
of the Chair, which shall include actions taken to correct any problems in
the Agency made evident by an inspection, audit or investigation;
4. Reviewing reports from the Director-General regarding the operations and
expenditures of the Agency and especially analysing manner of budget expenditure;
5. Reviewing reports from the Inspector- General, pursuant to Article 33 of
this Law;
6. Calling upon employees of the Agency, through the Chair, to provide expert
consultancy, where necessary for the purpose of exercising its oversight authority;
7. Providing an opinion on the detailed budget proposal for the Agency;
8. Conducting inquiries regarding the work of the Agency, in accordance with
Article 20 of this Law.
Article 20
If the Intelligence-Security Committee has grounds to believe
that the Agency is performing its duties in an unlawful manner, it may conduct
an inquiry, in the course of which it may question employees of the Agency
and have access to relevant documents of the Agency.
If the Intelligence-Security Committee finds that the operation of the Agency
is unlawful, it may call upon the Chair and/or Director General to take necessary
measures and to initiate an examination of liability. The Chair and/or Director
General shall be obliged to inform the Intelligence-Security Committee about
the findings of any such examination.
In the exercise of its functions, the Intelligence-Security Committee may
request information from the Chair, the Director-General, any other employee
of the Agency, or any employee of the Intelligence Advisory Office regarding
the work of the Agency. The Intelligence-Security Committee may also order
the Chair and/or the Director-General to appear before it to give an oral
report regarding the activities of the Agency.
The individuals listed in the previous paragraph have an obligation to provide
all requested information to the Committee, with the exception of information
specified in Article 21, paragraph 1 of this Law.
Article 21
In the course of the parliamentary oversight exercised by the
Intelligence-Security Committee, the obligation of the Chair and the Director-General
to provide information shall not extend to the release of information, with
the exception of paragraph 2 of this Article, the disclosure of which would
threaten vital national security interests linked to the protection of sources
or methods in a specific case.
In the course of the inquiry conducted by the Intelligence-Security Committee
concerning a suspected illegal activity of the Agency, the Intelligence-Security
Committee may, with the consent of at least seven (7) of its members, obligate
the Chair and the Director-General to provide information, the knowledge of
which is essential for overseeing the legality of the work of the Agency.
Information gained through this procedure may only be used in the procedure
of the Intelligence-Security Committee.
Article 22
The members of the Intelligence-Security Committee shall be
bound by an obligation of secrecy with respect to information concerning official
secrets to which they have had access in their capacity as such, which shall
remain in effect after termination of their membership to the Committee.
Where it deems necessary for the protection of the public welfare, the Committee
may decide to remove the obligation of secrecy. Such an action requires the
consent of at least eight (8) members of the Committee.
Article 23
The Intelligence-Security Committee shall establish written
procedures to protect from unauthorized disclosure all classified information
that is furnished to the Committee. These procedures shall be established
in consultation with the Director-General.
No staff officer of the Committee or the Parliamentary Assembly may be given
access to any classified information unless the individual has:
1. agreed in writing and under oath to be bound by the security rules of the
Committee both during and after his/her employment for the Committee or for
the Parliamentary Assembly; and
2. received a security clearance as determined by the Committee in consultation
with the Director-General.
IV - INTERNAL DIRECTION AND CONTROL OF THE AGENCY
(a) Rights and Responsibilities of the Director-General and Deputy Director-General
Article 24
The Agency is headed by a Director-General. The Agency shall
also have Deputy Director General.
In directing the Agency, the Director-General and Deputy Director-General
shall be assisted by Directors, who shall head organizational units, as well
as by Advisors, in accordance with the Book of Rules on Internal Organization.
Article 25
The Director-General and the Deputy Director-General shall
be appointed and dismissed by the Council of Ministers, upon the proposal
of the Chair of the Council of Ministers and in consultations with members
of the Presidency, the Executive Committee and the Intelligence-Security Committee.
The Director-General may propose to the Chair that the Deputy Director-General
be dismissed by the Council of Ministers.
Appointment of the Director-General and Deputy Director-General shall be carried
out on the basis of demonstrated professionalism and previous experience in
the area of intelligence and security and law enforcement, and not on the
basis of political affiliation. The requisite experience may not have solely
been gained through positions requiring political appointment.
Article 26
The Director-General and Deputy Director-General shall serve
four-year terms, which may be renewed once.
The Director-General of the Agency and the Deputy Director-General may be
dismissed before the expiration of their mandates upon their own request;
if they permanently lose the capacity to execute their duties; fail to implement
decisions of the Council of Ministers guiding the work of the Agency; fail
to comply with applicable legislation or regulations; fail to implement measures
for supervision of the Agency; if criminal proceedings for the criminal offenses
of abuse of office or disclosing a State, military or official secret have
been instituted against them, or if a final imprisonment sentence for a criminal
offense which makes them unworthy of executing such duties is rendered against
them.
Article 27
The Director-General shall be responsible for the professional,
lawful and timely carrying out of activities of the Agency.
The Director-General of the Agency has the following rights and duties:
1. Organizing, approving and supervising all activities of the Agency in accordance
with this Law, as well as other applicable legislation;
2. Directing analytical, technical, administrative and partnership cooperation
operations, as well as the external operations, of the Agency;
3. Directly reporting to, and consulting on a regular basis with, the Chair
regarding the work of the Agency, and responding to requests for intelligence
support forwarded to him/her by the Chair as specified in Article 10 of this
Law;
4. Providing regular reports to the Executive Intelligence Committee regarding
the work of the Agency;
5. Implementing general guidelines given to him/her by the Chair;
6. Assigning tasks to organizational units of the Agency;
7. Obtaining, through the Chair, approval and support from the Minister of
Foreign Affairs for activities that may have a serious impact on the foreign
policy of Bosnia and Herzegovina;
8. Disseminating information to the officials listed in Article 6 of this
Law regarding activities falling within the scope of the duties of the Agency;
9. Protecting the following from unauthorized disclosure: intelligence sources,
intentions and operations, collectors, means and methods of collection, contacts,
information and knowledge gained, as well as information and means obtained
from foreign governments, intelligence and security services or other organizations;
10. Ensuring the protection and security of facilities of the Agency, its
properties and employees by appropriate means;
11. Preparing the annual budget of the Agency, in consultation with the Chair,
and ensuring the lawful expenditure of all funds granted to the Agency from
the State budget;
12. Submitting the report on manner of budget and available funds expenditure
to the Intelligence-Security Committee;
13. Preparing reports as required under this Law, as well as proposing plans
and programs of the Agency, including the annual Activity Programme and Activity
Report;
14. Concluding contracts with natural and legal entities and institutions
regarding the execution of tasks falling within the competence of the Agency;
15. Initiating and concluding Memoranda of Understanding with other institutions
and bodies pursuant to Article 67 of this Law;
16. Directing employees of the Agency to provide support to the Intelligence-Security
Committee, as well as the Intelligence-Security Advisory Service referred
to in Article 11, paragraph 2 of this Law;
17. Directing the Inspector General to conduct an inspection, audit or investigation
concerning an actual or potential problem within the Agency;
18. Ensuring that employees are familiar with the Agency Code of Ethics and
other relevant internal Rule Books, regulations and instructions; and
19. Responding to complaints made by individuals pursuant to Article 68 of
this Law.
Article 28
The Director General shall be responsible for issuing, inter
alia, the following Rule Books, regulations and instructions:
a) Code of Ethics
b) Data Security Plan
c) Book of Rules on Classification and Declassification of Data
d) Book of Rules on the Security Clearance Procedure
e) Book of Rules on the Safeguarding of Secret Data and Data Storage
f) Regulations on Dissemination of Data
g) Book of Rules on the Recruitment, Handling and Payment of Informants
h) Book of Rules on the Application, Use and Engagement of Special and Technical
Operational Means
i) Book of Rules on Carrying and Use of Firearms
j) Book of Rules on Work
k) Book of Rules on Salaries
l) Book of Rules on Internal Security
m) Book of Rules on Disciplinary Procedure
n) Book of Rules on Employment Abroad
o) Book of Rules on Basic and General Vocations of Employees of the Agency
p) Book of Rules on Cooperation with Bodies and Institutions in Bosnia and
Herzegovina
q) Book of Rules on the Conclusion of Memoranda of Understanding with Bodies
and Institutions in Bosnia and Herzegovina
r) Book of Rules on Cooperation with International Bodies and Intelligence
Exchange
s) Book of Rules on Liaison Officers
t) Book of Rules on Identification Cards
Article 29
The Deputy Director-General of the Agency shall direct the operational activities of organizational units of the Agency, under the supervision of the Director-General.
Article 30
If the Director-General is not able to carry out his responsibilities under this Law, the Deputy Director-General shall perform the responsibilities of the Director-General.
Article 31
In carrying out their responsibilities, the Director-General
and Deputy Director-General shall ensure that information collected and produced
by the Agency is timely, relevant, accurate, reliable, objective and independent
of any political consideration.
The Director-General and Deputy Director-General shall carry out their responsibilities
so that a proper balance is achieved between the acquisition of essential
information for the security of Bosnia and Herzegovina and the protection
of individual interests.
(b) Rights and Responsibilities of the Inspector General
Article 32
An Inspector General shall be appointed and dismissed by the
Council of Ministers upon the proposal of the Chair and his/her Deputies.
The Inspector General shall serve a four-year term, which may be renewed once.
The Inspector General may be dismissed before the expiration of his/her mandate
upon his/her own request; if s/he permanently loses the capacity to execute
his/her duties; fails to comply with applicable legislation or regulations;
fails to implement measures for supervision of the Agency; if criminal proceedings
for the criminal offenses of abuse of office or disclosing a State, military
or official secret have been instituted against him/her; if a final imprisonment
sentence for a criminal offense which makes him/her unworthy of executing
such duties is rendered against him/her; or if s/he fails to conduct an investigation,
inspection or audit in a timely and lawful manner.
Article 33
The Inspector General shall be responsible for providing an
internal control function within the Agency by:
1. Reviewing the activities of the Agency to ensure they are conducted in
accordance with applicable legislation and regulations, including the Book
of Rules on Internal Organization of the Agency;
2. Investigating complaints regarding the activities of the Agency at the
request of the Chair, the Intelligence-Security Committee, the Executive Committee,
the Director-General or directly from aggrieved Parties;
3. Initiating inspections, audits and investigations on his/her own initiative,
where s/he deems necessary;
4. Supporting investigations of the Ombudsman of Bosnia and Herzegovina, initiated
on the basis of a complaint or ex officio;
5. Where s/he deems necessary, investigating complaints made by persons in
Bosnia and Herzegovina pursuant to Article 68 of this Law;
6. Reporting every six (6) months to the Intelligence-Security Committee on
grounded complaints against the Agency, as well as the disposition of such
complaints. Particularly serious matters shall be reported immediately to
the Intelligence-Security Committee;
7. Informing the Chair, the Executive Intelligence Committee, the Director-General
and Deputy Director-General on a regular and timely basis of the matters referred
to in this Article; and
8. Issuing recommendations to the Director-General and Deputy Director-General
for remedying complaints against, or problems in, the Agency, as well as determining
whether such recommendations have been implemented.
Article 34
The Director-General, with the consent of the Inspector General, shall decide on the assignment of employees of the Agency to the office of the Inspector General.
Article 35
Upon notification to the Director-General, the Inspector General
may question Agency employees and have access to the premises and data of
the Agency where necessary for the purpose of an internal investigation, inspection
or audit.
In the conduct of his/her activities under this Law, the Inspector General
shall take into account the need for confidentiality and security of the information
collected and stored by the Agency.
Article 36
The Director-General, Deputy Director-General and Inspector
General appointed pursuant to this Chapter are subject to the following restriction:
a. they shall be subject to the Law on Conflict of Interest in Governmental
Institutions of Bosnia and Herzegovina;
b. they may not be appointed from among active duty military persons; and
c. they must not be members of a political party.
The Director-General, Deputy Director-General and Inspector General must have
university degrees in a relevant field.
Not more than one of the positions of Director-General, Deputy Director-General
and Inspector General may be filled by a representative of any one constituent
people or of the group of Others.
a) Employment
Article 37
Employees of the Agency shall not be subject to the Law on
Civil Service in the Institutions of Bosnia and Herzegovina.
Where the rights and duties of employees and working relations have not been
regulated in this Law, relevant legislation and regulations of Bosnia and
Herzegovina concerning employment shall apply.
The structure of employees within the Agency shall generally reflect the national
structure of the population of Bosnia and Herzegovina in accordance with the
last census.
An open public competition shall not be obligatory for employment in the Agency
The Book of Rules on Internal Organisation shall define the requirements for
each position in the Agency, as well as set forth specific requirements for
employment within the Agency.
Article 38
As an exception to Article 37 of this Law, certain positions
in the Agency may be filled through an open public competition. The Book of
Rules on Internal Organization shall enumerate those positions, which are
subject to open public competition. Such positions shall be filled pursuant
to the procedure set forth in this Article and Article 39 of this Law.
Vacancy announcements for positions in the Agency, with a description of the
vacant position and the general requirements for such positions, shall be
published in both the Official Gazette of Bosnia and Herzegovina and in at
least one of the daily newspaper distributed throughout Bosnia and Herzegovina.
Article 39
The Council of Ministers shall establish a selection committee,
which shall be composed of representatives of the Intelligence-Security Advisory
Service and representatives of the Ministry of Security, which shall be responsible
for screening applications and for interviewing candidates for employment
with the Agency.
Following the interviews, the selection committee shall put forward to the
Director-General and the Deputy Director-General the list of candidates for
further consideration, which shall at the same time be put forward to the
Intelligence-Security Committee.
The Director-General shall appoint the candidate ranked as first and recommended
by the majority of the members of the selection committee. In the case that
this appointment cannot be made due to justified reasons with supporting evidence,
the next candidates on the short-list shall be successively considered.
The Agency shall maintain all records regarding the selection process, including
a copy of the vacancy announcement and applications received.
Article 40
Persons seeking employment with the Agency must:
a. be citizens of Bosnia and Herzegovina;
b. be over 18 years of age;
c. hold appropriate educational and professional qualifications, as determined
by the Book of Rules on Internal Organization;
d. satisfy medical examinations required for their position;
e. be free of military obligations;
f. not have been dismissed from the civil service as a consequence of a disciplinary
measure at any level of governance in Bosnia and Herzegovina three years prior
to the date of the application for a position within the Agency;
g. possess a certificate stating that the individual has not been subject
to a criminal conviction and that criminal proceedings have not been instituted
against him/her; and
h. not be affected by Article IX.1 of the Constitution of Bosnia and Herzegovina.
Persons seeking employment with the Agency must meet security
requirements that shall be determined through a security clearance procedure.
The security clearance shall be carried out with the consent of individual
concerned, and shall also include persons with whom the individual lives in
the same household with the consent of persons concerned, if those are of
full age.
In case the candidate does not agree to the security clearance, he/she may
not be employed in the Agency. The scope and manner of conducting the security
clearance shall be defined by the Book of Rules on the Security Clearance
Procedure issued by the Director-General.
Apart from the general requirements for employment with the Agency, persons
seeking employment with the Agency shall also meet specific requirements for
employment and assignment to individual tasks (e.g., specified level of education
and profession, years of service, special professional skills and knowledge,
special health abilities) that shall be defined by the Book of Rules on Internal
Organisation of the Agency.
If a person is not employed with the Agency because s/he fails to meet the
requirements above or there are impediments to such employment, the Agency
shall not be obliged to explain the reasons for which the individual was not
employed.
Article 41
Final decisions on employment and assignment shall be made by the Director-General of the Agency, unless otherwise stipulated in this Law.
Article 42
Employees of the Agency shall perform tasks assigned to them,
consistent with this and other relevant laws and regulations and with respect
for the principles enshrined in the Constitution of Bosnia and Herzegovina.
Employees shall be personally responsible for execution of the tasks of the
Agency, as set forth in this Law and relevant policy documents.
Should an employee believe that s/he has received an illegal order, s/he shall
draw the attention of the issuer of the order to his/her concerns with respect
to its illegality.
In cases where the issuer of the order repeats the order, the employee shall
request a written confirmation of such order. If the employee continues to
have reservations, s/he shall forward the order to the immediate superior
of the issuer of the order and report the matter to the Inspector General.
The employee may refuse to perform an order that s/he reasonably believes
to be criminal offense under criminal legislation in Bosnia and Herzegovina.
An employee may not be disciplined for taking action under the preceding paragraph
unless it is deemed frivolous by the Inspector General.
If an employee otherwise believes that the Agency or an Agency employee may
have violated, or may be in violation of, relevant law, regulations or policy,
s/he must report this to the Inspector General.
Article 43
Upon the order of a supervisor, employees shall be obliged
to perform their tasks for periods longer than their regular working hours,
if the supervisor deems this to be necessary for the successful and timely
performance of the work of the Agency.
For the work referred to in the preceding paragraph of this Article, employees
shall be entitled to reimbursement in money or time, in accordance with the
Book of Rules on Work of the Agency.
Article 44
Employees shall have a right:
a. to a permanent tenure of office until such time as the requirements for
a pension are met, with the exception of those individuals who are employed
under a contract of service for a fixed period;
b. to a leave of absence in accordance with the Book of Rules on Work of the
Agency and the ability to continue in the same or similar job position when
the leave ends;
c. to be rewarded for duties and performance as established by this law;
d. to receive salary and remuneration in accordance with this law;
e. to advance their career and professional development through training and
other means;
f. to be protected in their physical and moral integrity by the State while
fulfilling their official duties;
g. to be treated by superiors with respect for human dignity; and
h. to be entitled to form and to join, but not be obliged to join, a Trade
Union or professional association.
Employees shall be entitled to receive fair and equitable treatment in all
aspects of personnel management without regard to ethnic origin, social origin,
Entity citizenship, residency, religion, political or other opinion, sex,
colour, birth, marital status, age, property, handicap or other status.
Article 45
Employees shall not be members of political parties, take instructions
from political parties or perform any remunerative activity or other public
or professional duties incompatible with work in the Agency.
Exceptionally, an employee seeking to perform any remunerative activity or
other public or professional duty must seek authorization from the Director-General.
Authorization shall be refused in cases where such activity is incompatible
with work in the Agency or where such activity may give opportunity for the
abuse of information obtained by the Agency.
Notwithstanding Article 44, paragraph 1(h) of this Law, employees shall not
have the right to industrial action or any other form of collective work stoppage.
Employees may not, without the agreement of the Director-General, give public
statements or otherwise comment on the work of the Agency, or provide information
to unauthorised persons on data, documents, contacts, intentions, knowledge
or personnel of the Agency.
Employees shall be impartial and, in particular:
a. shall refrain from any action or omission which is in violation of or incompatible
with their responsibilities as established by this Law; and
b. shall not pursue or accept any gain, benefit, monetary advantage, or services
for themselves or for their relatives other than those authorised by this
law.
Employees shall not occupy real estate property that is owned by a refugee
or displaced person, occupy an apartment where a refugee or displaced person
has claimed an occupancy right, or occupy an apartment that is legally designated
for use as alternative accommodation.
A violation of the provisions of this Article shall be considered a reason
for dismissal and/or termination of employment pursuant to this Law.
Article 46
The performance evaluation of employees refers to the monitoring
and appraisal of employee accomplishments during their tenure.
Performance evaluations shall be carried out by an employee's direct supervisor.
Employees shall consult with their direct supervisor regarding their performance
evaluations at least on an annual basis.
The results achieved during the performance of functions for the reporting
period shall be determined by the following marks: Unsatisfactory, Satisfactory,
Successful and Extremely successful, which shall be further defined by a by-law
issued by the Director-General.
Article 47
Where necessary to carry out the duties and tasks of the Agency,
an employee may be temporarily or permanently transferred to another organizational
unit of the Agency, outside his/her place of residence.
Transfer up to one year shall be considered temporary transfer.
Permanent transfer shall be possible only upon the consent of the employee.
A complaint against a decision on transfer shall not delay its execution.
A mechanism for resolving such complaints shall be established by an internal
regulation issued by the Director-General.
Article 48
An employee temporarily or permanently working in a different
workplace 60 kilometers and more than 60 kilometers from his/her place of
permanent residence shall be entitled to:
a. A salary equal to the salary in his/her former workplace, if the salary
in the former workplace is more favourable;
b. Expenses/remuneration for a separate life; and
c. Allowance for appropriate accommodation.
Article 49
An employee may be transferred to work abroad as part of his/her
regular duties, as part of cooperation with a foreign intelligence service,
cooperation with an Agency or Institution of a foreign State, an international
organization of states or an institution thereof, where necessary for the
efficient and effective work of the Agency.
The Director-General shall issue a regulation on the rights, duties and responsibilities
of employees transferred to work abroad.
Article 50
The basis for calculation of an employee's salary and coefficients of the salary grades shall be determined by a decision of the Council of Ministers in accordance with this Law.
Article 51
The salary shall be determined by multiplying the basis from Article 50 of the Law by the coefficient of salary grade. The salary shall be raised by 0,5% for each year of service, not to exceed a total of 20%.
Article 52
Apart from the salary determined in accordance with the provisions
of Article 51 of this Law, employees shall be entitled to salary increments
due to special work conditions, hazards and responsibility in performing tasks.
The increments referred to in paragraph 1 of this Article shall be determined
by the Council of Ministers in the amount up to 30% of an employee's salary.
Article 53
Employees shall be entitled to the following:
a. costs of transportation to and from work;
b. costs of food rations;
c. holiday cash grant;
d. financial assistance related to the death of the employee or one of his/her
family members;
e. education expenses related to professional advancement;
f. anniversary rewards; and
g. retirement severance pay.
Article 54
Employees shall be entitled to compensation for expenses arising from official trips (e.g., per diem, transportation expenses).
Article 55
In the case of dismissal arising from redundancy, the dismissed
employee shall be entitled to a severance pay in the amount of his/her salary
received in the last six months prior to the termination of employment.
The amount of the severance package referred to in paragraph 1 shall be 12
months of salary for employees who have at least 15 years of service.
Article 56
An employee who, by a decision of a competent medical panel,
is declared incapable of performing the tasks he/she is assigned due to injury
or disease which occurred while performing operational tasks shall be assigned
to other tasks which he/she is capable of performing and shall retain the
salary and other rights from the previous employment. In the event that he/she
cannot be reassigned to another position within the Agency, he/she shall retain
the salary and other rights from the previous employment pending a final decision
on pension entitlement.
An employee who loses his/her life while performing his/her tasks or in connection
with his/her tasks shall be buried in the place chosen by his/her family at
the expense of the budget of the Agency.
In the case referred to in paragraph 2 of this Article, the family of the
employee shall be entitled to one-time financial assistance in the amount
of the employee's last paid net monthly salary, six times increased.
i) Criminal Proceedings and Damage Inflicted in the Course of Duties
Article 57
If criminal proceedings are initiated against an employee due
to acts committed in the performance of the tasks of the Agency, the Agency
shall provide a lawyer or other legal aid for the employee, unless the employee
acted outside the scope of his/her authority or misused his/her authority.
Under the conditions referred to in paragraph 1 of this Article, the Agency
shall also ensure legal aid for an employee after termination of his/her employment,
unless the employee is otherwise entitled to equivalent legal aid.
Article 58
Bosnia-Herzegovina shall be responsible for damage inflicted
upon legal and natural persons by acts of employees of the Agency committed
in the performance, or in relation to the performance, of tasks of the Agency,
in accordance with this Law.
Bosnia-Herzegovina shall be entitled to request the employee of the Agency
who is found to be responsible for the damage referred to in paragraph 1 of
this Article to reimburse the amount paid to third persons, if resulting from
the gross negligence, or the intentional or unauthorized act of the employee.
j) Disciplinary Responsibility
Article 59
Employees may be held accountable for violations of official
duty as set forth in this Law.
"Violation of official duties" shall be understood to mean:
a. undertaking actions defined as a criminal offence against
official duty, or other criminal or minor offences which are harmful to the
reputation of the Agency;
b. disclosure of a State, military or official secret in contravention of
applicable legislation and regulations;
c. abuse of official position or exceeding authority;
d. failure to execute a legal order of a direct superior;
e. undertaking actions which may impede or prevent citizens or other persons
from realizing their rights pursuant to this and other relevant law;
f. causing substantial material damage in the course of his/her work, intentionally
or through extreme negligence;
g. unexcused absence from work;
h. failure to execute entrusted tasks and duties in a timely and proper manner;
i. violation of the Code of Ethics.
Disciplinary responsibility under this Article shall not be understood as
precluding criminal liability, where applicable.
The procedure for determining disciplinary responsibility shall be specified
in the Book of Rules on Disciplinary Procedure issued by the Director-General.
Article 60
The employment of Agency employees shall be terminated in the
following cases:
a. Voluntary resignation from the Agency;
b. End of contract, where applicable;
c. Reaching legal retirement age;
d. Permanent inability to fulfill official duties due to health conditions,
provided that the employee is not eligible to be transferred to other suitable
positions within the Agency;
e. Loss of citizenship of Bosnia and Herzegovina;
f. Acquisition of the citizenship of another country in violation of the Constitution
and the laws of Bosnia and Herzegovina;
g. Redundancy;
h. Two consecutive unsatisfactory performance appraisals;
i. Conviction for a criminal offense which carries a prison sentence of more
than six months; or
j. Dismissal from the service as a result of a disciplinary procedure.
Article 61
Employees shall be issued identification cards, the type, form and contents of which shall be determined by a special regulation issued by the Director-General.
Article 62
The Agency shall be apolitical, and shall not be involved in
furthering, protecting or undermining the interests of any political party,
lawful political organization or any constituent people.
The Agency may not investigate acts of protest, advocacy or dissent that are
organized and carried out in a lawful manner.
Article 63
The Agency shall have no powers to physically enforce compliance and no power of arrest.
Article 64
The Agency may not engage in military activity or engage in the import, export, transit or brokerage of weapons or military equipment.
Article 65
The internal organization and detailed rules of operation of the Agency, as well as the structure of subordination and order-issuing, shall be determined in such a way that individual responsibility can always be established.
Article 66
The Director-General may authorize employees to carry weapons
during the performance of intelligence-gathering duties if it is suspected
that the life or safety of employees or other persons is endangered. Weapons
may only be used and discharged in necessary defense.
The conditions and manner of use of firearms shall be regulated in a Book
of Rules on Carrying and Use of Firearms issued by the Director-General following
approval by the Chair and the Minister of Security.
Article 67
The Agency and other bodies and institutions in Bosnia and
Herzegovina, including but not limited to the State Border Service, SIPA,
Entity and Cantonal Ministries of Interior, customs and tax authorities, financial
police, Interpol liaison bodies, Offices for Co-operation with the ICTY and
military intelligence-security structures shall be obliged to mutually cooperate
and assist one another in performing their duties and shall coordinate activities
within their competence, consistent with laws and regulations regarding the
protection of sources, methods and other classified information.
The Director-General, with the approval of the Chair, may enter into agreements
with institutions in Bosnia and Herzegovina for the provision of undercover
intelligence support.
The Director-General, with the approval of the Chair and the Minister for
Foreign Affairs may assign employees of the Agency to serve as liaison officers
to Embassies of Bosnia and Herzegovina abroad, when necessary for the fulfillment
of the responsibilities of the Agency pursuant to this Law.
Article 68
Individuals who feel that their rights have been violated by
acts or omissions of the Agency may seek judicial redress before a competent
court.
Any person in Bosnia and Herzegovina may raise a complaint with the Director-General
regarding actions of the Agency.
Article 69
The Agency may not collect intelligence using secret means
and methods regarding international organizations or non-domestic bodies established
pursuant to the General
Framework Agreement for Peace in Bosnia and Herzegovina, except for the purpose
of preventing threats to such organizations and bodies. The Director-General
shall be obliged to inform the heads of these organizations and bodies, as
well as the Executive Committee, regarding all such threats.
CHAPTER VII- INTERNATIONAL COOPERATION
Article 70
For the purpose of fulfilling its responsibilities in accordance
with this Law, the Agency may, with the approval of the Chair, enter into
an arrangement with intelligence and security services of other countries.
For the purpose of fulfilling its responsibilities in accordance with this
Law, the Agency may also, with the approval of the Chair after consultation
with the Minister for Foreign Affairs of Bosnia and Herzegovina, enter into
an arrangement with an Institution of a foreign State, an international organization
of states or an institution thereof.
The Chair shall inform the Intelligence-Security Committee regarding the existence
of any such arrangements.
On the basis of international agreements, the Agency may cooperate with foreign
security and other appropriate services for the purpose of exchanging data,
jointly executing activities that fall under the scope of the activities of
the Agency, and establishing technical and educational cooperation.
Article 71
The Agency may only provide foreign security and other appropriate
services with data regarding citizens of Bosnia and Herzegovina on the basis
of information that the citizen poses a danger to the security of Bosnia and
Herzegovina, the receiving State or a broader danger to regional or global
security.
The Agency may not provide data regarding citizens pursuant to the preceding
paragraph unless it has reasonable assurance that the recipient will provide
the data with the same level of protection as provided in Bosnia and Herzegovina.
VIII- COLLECTION OF INFORMATION
a) General Authorizations
Article 72
The Agency is authorized to collect, analyze, keep and disseminate to competent bodies within Bosnia and Herzegovina intelligence information in a manner consistent with the Constitution of Bosnia and Herzegovina, this law and other relevant State legislation.
Article 73
The Agency may collect only such information as can reasonably be assumed to be necessary for the performance of its duties as enumerated in Articles 5 and 6 of this Law.
Article 74
In the course of activities authorized by the Director-General
of the Agency, the Agency is entitled to collect information:
a. from all publicly available sources;
b. from other bodies and institutions in Bosnia and Herzegovina, which shall
be obliged to answer requests for information made by the Agency unless expressly
forbidden to do so by law;
c. through physical surveillance in public places (i.e. purposeful and systematic
observation in order to gain information on specific matters of persons or
objects reasonably believed to be involved in any activities or preparation
of activities that fall under the scope of responsibilities of the Agency);
d. surveillance in non-public places, provided that the conditions set forth
in Articles 77 and 78 of this Law are met;
e. through searches of movable and immovable property, provided that the conditions
set forth in Articles 77 and 78 of this Law are met;
f. through electronic surveillance provided that the conditions set forth
in Articles 77 and 78 of this Law are met; and
g. by use of other sources who are likely to be able to contribute information
needed by the Agency, provided that the conditions under Article 75 of this
Law are met.
Article 75
Cooperation with the Agency pursuant to Article 74, item (g)
of this Law shall be voluntary.
If personal data concerning the informant is to be recorded, the informant
must be notified of this before the Agency takes his/her statement. Such notification
may only be withheld because of overriding public interests that fall within
the scope of the responsibilities of the Agency.
(b) Secret Information Gathering Subject to Authorization by the Director-General
Article 76
When the Director-General deems necessary for the purpose of
fulfilling the responsibilities of the Agency under this Law, the Agency may:
a. gather information concealing the reasons for their gathering due to the
security nature thereof;
b. establish clandestine contacts with private individuals;
c. establish and use information systems promoting the gathering of intelligence;
d. use forms of operative deception which do not cause physical injury or
impair health;
e. prepare and use cover documents for the protection of employees of the
Agency and natural persons co-operating with them, as well as for the concealment
of the security purpose thereof;
f. establish and maintain temporary organisations for the purpose of covert
data gathering; and
g. assign employees of the Agency to work undercover in institutions and bodies
pursuant to Article 67, paragraph 2 of this Law.
(c) Secret Information Gathering Subject to Judicial Authorization
Article 77
Surveillance in non-public places, the surveillance of telecommunication,
and other forms of electronic surveillance, as well as the search of property
without consent of the owner or temporary occupant, may only be used in cases
where there has been advance authorization by the President of the Court of
Bosnia and Herzegovina or a Judge of the Court of Bosnia and Herzegovina designated
by the President of the Court of Bosnia and Herzegovina.
The Director-General shall make a written application to the judge where s/he
believes on reasonable grounds that surveillance or search under this section
is required to enable the Agency to investigate a threat to the security of
Bosnia and Herzegovina.
All such applications must contain the following information:
1. The type of communication proposed to be intercepted, the type of information,
records, documents or things proposed to be obtained, and the means to be
exercised for that purpose;
2. The name(s) of the person(s) proposed as subject to surveillance or search;
3. A general description of the place or places where the surveillance or
search is proposed to be executed, if a general description of that place
can be given;
4. The information to justify that the surveillance or search is required,
on reasonable grounds, to enable the Agency to investigate a threat to the
security of Bosnia and Herzegovina;
5. A declaration that the required information cannot be obtained in any other
manner within the necessary time;
6. The period, not exceeding 60 days, for which the warrant is requested to
be in force; and
7. Information on any previous application made in relation to the person
or place subject to the surveillance or search, the date on which such application
was made, the name of the judge to whom such application was made; and the
decision of the judge thereon.
The judge shall make a decision within 48 hours of the submission of the application.
No appeal is possible against this decision.
A citizen of Bosnia and Herzegovina who was a subject to surveillance or interception
should be, after the termination of surveillance or interception, informed
on the applied measures within 30 days at the latest upon the termination
of the procedure.
In carrying out surveillance or searches pursuant to this Article, the Agency
shall use the least intrusive techniques reasonably available.
Article 78
The warrant must contain:
a. The type of communication intended to be intercepted, the type of information,
records, documents or things that have to be obtained and the powers to be
exercised for that purpose;
b. The name(s) of person(s) for whose surveillance the warrant is issued;
c. A general description of the place or places where the warrant is to be
executed, if such description can be given; and
d. The period for which the warrant is in force.
Where s/he deems appropriate, the judge may also prescribe certain conditions
for execution of the warrant.
The warrant may not be authorized for longer than 60 days. In justified cases,
the judge may extend the warrant for additional 30 days periods if s/he is
satisfied that a warrant continues to be required.
Notwithstanding the provisions contained in Article 77 of this Law and the
previous paragraph of this Article, the use of these measures may be authorized
by the Director-
General with the agreement of the Chair when delay would cause irreparable
harm to the security of Bosnia and Herzegovina.
Upon authorizing such measures, the Director-General must immediately inform
the judge, who shall take appropriate action to confirm the authorization
or to terminate the information-gathering, pursuant to this Law.
Article 79
Secret information gathering shall be immediately terminated
if:
a. It has achieved the objective set forth in the warrant;
b. No further results can be expected from its continued use;
c. The deadline set for its completion has expired without extension; or
d. The covert information gathering is unlawful for any reason.
The Director-General shall ensure that data obtained in a manner inconsistent
with this Law shall be immediately destroyed. In such circumstances, the Director-General
shall notify thereof the Chair and the Inspector-General and instigate disciplinary
procedure against the person that acted in contravention of the Law.
Article 80
The judge shall be bound by an obligation of secrecy with respect to information that s/he gains pursuant to Article 77 of this Law.
Article 81
The Law on Protection of Personal Data shall not apply to personal data collected and further processed by the Agency.
Article 82
Personal data that is collected under this Law must:
a. be stored for legitimate purposes pursuant to this Law and not used in
a manner incompatible with those purposes;
b. be kept up to date where necessary;
c. be preserved in a form which permits identification of the data subjects
for no longer than is necessary for the purpose for which those data are stored;
and
d. only be disseminated on a "need-to-know" basis and where specifically
provided for by this Law.
Article 83
The collection of information on individuals solely on the basis of their ethnic or racial origin, religious convictions, sexual behavior, political opinions or membership in particular movements or organizations which are not prescribed by law is prohibited.
Article 84
Appropriate security measures shall be taken for the protection of intelligence information relating to identified or identifiable persons stored in automated data files against accidental or unauthorized destruction and accidental loss as well as against unauthorized access, alteration or dissemination.
Article 85
Information shall be held by the Agency only for as long as
is necessary for the performance of its tasks.
The need for continued storage shall be reviewed by the Agency at regular
periods concerning the accuracy of the information and legitimacy of further
storage.
The procedure for storage and review shall be established in a regulation
issued by the Director-General.
Article 86
The Director-General of the Agency is responsible for establishing
and implementing an efficient system of classification of information for
the Agency.
The Director-General shall issue regulations setting forth the measures for
protecting classified information as well as responsibilities of Agency employees
concerning protection of classified information.
Article 87
Information held by the Agency and classified as confidential
or secret may only be disclosed upon the authorization of the Director-General
of the Agency. The Director-
General may delegate the authority for decision-making regarding certain categories
of disclosure to the Deputy Director-General.
If information is classified because it contains personal data, disclosure
may only be authorized if expressly foreseen by law or if one of the following
conditions is fulfilled:
a. the person concerned has given his/her consent to the disclosure;
b. disclosure is necessary in the vital interest of the person concerned;
or
c. disclosure is necessary because of overriding public interests which fall
under the responsibilities of the Agency.
Article 88
All requests for disclosure of information must specify the
body or person making the request, as well as the reason for the request.
Information disclosed must not be used for purposes other than those specified
in the request for disclosure.
Article 89
Registers, files and archives of the Agency may not contain information outside the purview of the Agency. If the Agency comes into possession of such information, the Agency shall destroy it without delay.
Article 90
The Director-General shall forward information regarding a severe
threat to the security of Bosnia and Herzegovina to the officials listed in
Article 6 of this Law and other competent bodies and institutions without
unnecessary delay.
Where the Agency obtains information regarding illegal activity that has been,
or that is likely to be, carried out, it shall report such information to
the competent Office of the Prosecutor, investigative authorities or other
relevant bodies.
Article 91
The Agency is required to inform a citizen, upon his/her written
request, whether data collection measures have been instituted against him/her
and whether the Agency is maintaining a record on his/her personal information
and, at his/her request, make such records available for his/her inspection.
Such records may not contain information on members of the Agency who gathered
such information or data on third parties.
The Agency shall provide the required information and/or allow inspection
of records specified in paragraph 1 hereof within 60 days of the date of receiving
the request.
The Agency may be exempted from paragraph 1 hereof:
1. if such information would jeopardize performance of the Agency's tasks;
2. if such information could lead to endangerment of safety of a source or
another person.
In cases where the Director-General has exempted the Agency from the provisions
of paragraph 1 of this Article, s/he shall issue a decision supported by the
reasons specified in paragraph 3 hereof. The Director-General shall inform
the Inspector General concerning all such decisions, which shall be kept in
the archives of the Agency.
Individuals may file an appeal against such decisions in accordance with the
Law on Freedom of Access to Information in Bosnia and Herzegovina.
Article 92
Funds provided in the budget of Bosnia and Herzegovina for the needs of the Agency may be used for all purposes in accordance with regulations that regulate public expenditure, unless otherwise determined by this Law or by a regulation issued by the Council of Ministers.
Article 93
Planning and reporting on the expenditure of funds granted to the Agency shall be carried out in a manner that protects intelligence operations, sources, methods and operational measures of the Agency.
XI -TRANSITIONAL AND FINAL PROVISIONS
Article 94
The Agency shall become operational on 1 June, 2004.
Article 95
The Council of Ministers, in agreement with the Governments of the Federation and Republika Srpska where appropriate, shall provide appropriate premises for the needs of the Agency, both for the headquarters and organizational units outside of the headquarters, on or before the date in the preceding Article.
Article 96
Civilian Intelligence-Security Services that operated in Bosnia and Herzegovina in accordance with legislation of the Federation and Republika Srpska prior to the entry into force of this Law shall be abolished as of 1 June, 2004.
Article 97
The first Director-General, Deputy Director-General and Inspector
General shall each serve for a term of two years. These individuals may be
eligible for re-appointment for a regular four-year term.
The first appointment of the individuals listed in the preceding paragraph
shall not be subject to the Law on Ministerial, Council of Ministers and Other
Appointments, Article 19, paragraph 4(2) of this Law or Article 25, paragraph
1 of this Law.
Notwithstanding Article 94 of this Law, within 10 days of the entry into force
of this Law, the Chair, shall, with the Deputy Chairs of the Council of Ministers
and in consultations with the Presidency of Bosnia and Herzegovina, and the
Intelligence-Security Committee, forward the list of candidates for each of
the above positions to the Council of Ministers.
Within 10 days of the receipt of the names of these candidates, the Council
of Ministers shall make a decision on their appointment.
Article 98
As of 1 June, 2004, the Law on Intelligence and Security Service
of Republika Srpska (Official Gazette of the Republika Srpska 21/98, 17/99)
and the Law on the Federation of Bosnia and Herzegovina Intelligence and Security
Service (Official Gazette of the Federation of Bosnia and Herzegovina 23/02)
shall be abolished.
Pursuant to Articles 12, 13 and 16 of this Law, until 31 March 2005, the Executive
Intelligence Committee shall perform duties of the Chair as prescribed by
Article 10 of the Law.
The Executive Intelligence Committee shall not, collectively or any individual
member thereof, issue instructions to, or otherwise direct the work of the
Inspector-General, Director-General, or any other employee of the Agency,
except as stipulated by Article 10.
The Executive Committee shall adopt specific rules and procedures for execution
of its competencies from this Article of the Law.
The Agency may decide to, pending the adoption of appropriate regulations
as defined in this Law, apply previously applicable regulations concerning
intelligence gathering to the extent that such regulations are not inconsistent
with this Law. Such regulations may not be applied for a period longer than
six months after establishment of the Agency.
Article 99
As of 1 June, 2004, employees of the former intelligence services
shall be employees of the Agency and subject to the provisions of Chapter
V of this Law on "Staff of the Agency". Employees shall not be subject
to Article 44, paragraph 1(a) or Article 55 of this Law until such time as
a final decision regarding their status and future employment in the Agency
has been reached by the Director-General following the review process provided
for in Article 101 of this Law within 90 days.
For a period of no longer than two years following the establishment of the
Agency, positions in the Agency requiring a university degree may be filled
by employees who hold a two-year college degree.
The Director-General, with the approval of the Council of Ministers, shall
establish the structure of severance payments for employees of the Agency
whose employment is terminated pursuant to a decision of the Director-General
following the review process.
For the purpose of this Law and as a consequence of the transfer of Federation
and Republika Srpska employees to State employment, employees of the former
intelligence services shall not be eligible for severance payments until a
final decision regarding their status and future employment in the Agency
has been made following the review process in Article 101 of this Law.
After a final decision has been reached regarding the status and future employment
in the Agency of all employees of the former intelligence services, the Director-General
shall assess whether the structure of employees within the Agency generally
reflects the national structure of the population of Bosnia and Herzegovina
in accordance with the last census and inform thereof the Council of Ministers,
and if necessary, shall develop a plan containing gradual corrective measures
for enhancing the representation of certain constituent people and others
within the Agency. In such circumstances, the Director-General shall inform
the Chair of the Council of Ministers and the Executive Intelligence Committee
about such measures.
Article 100
Within 60 days of the appointment of the Director-General and
Deputy Director-General, the Director-General shall, in consultation with
the Deputy Director-General, prepare an Organizational Plan for the Agency,
which defines the measures necessary to meet the requirements of this Law,
in particular with regard to the organizational structure of the Agency, as
well as rationalization of staffing at the headquarters and organizational
units of the Agency.
The Director-General shall submit the Plan through the Chair to the Council
of Ministers for approval, and the process of approval shall be completed
within 30 days from the date of submission.
The Plan shall be based on a comprehensive analysis of the capital, technical
and human resources required by the Agency, in undertaking its duties pursuant
to this Law.
Article 101
The Chair, upon the proposal of the Director-General, shall
appoint one or more Review Committees, each of which shall contain four employees
of the Agency and one individual from the Intelligence-Security Advisory Service
established in Article 11, paragraph 2 of this Law. The Review Committee(s)
shall be responsible for reviewing employees of the Agency for their compliance
with the requirements for employment in Chapter V of this Law, as well as
other criteria as established by the Director-General and approved by the
Council of Ministers.
Prior to the establishment of the Review Committee(s) pursuant to the preceding
paragraph, the Director-General, Deputy Director-General and Inspector General
shall conduct a review of the members of the Committee(s) who are employees
of the Agency to determine their compliance with the requirements for employment
in Chapter V of this Law, as well as other criteria established by the Director-General
and approved by the Council of Ministers.
Article 102
As of 1 June, 2004, all movable and immovable property of the
former intelligence services, rights and obligations of the former intelligence
services, and items in the lawful possession of the former intelligence services,
including archives, files and other documents, may be directly used, controlled
and disposed by the Agency otherwise, as the Director-General sees fit to
meet the needs of the Agency.
Within 60 days of the entry into force of this Law, the Director-General shall
arrange for an inventory to be made of all movable and immovable property
and obligation rights of the former intelligence services. Within 6 months,
s/he shall prepare a plan for transfer of rights to the Agency where necessary,
in order to provide for the effective and efficient work of the Agency. The
Director-General shall submit the plan to the Council of Ministers for approval,
and the process of approval shall be completed within 30 days from the date
of submission. Except otherwise provided in the said plan, each entity government
shall remain liable and responsible for the debts, liabilities and other obligations
of the respective former entity intelligence service. The entity governments
will not seek indemnities from Bosnia and Herzegovina or the Agency against
such debts, liabilities and other obligations.
Within 60 days after the approval of the plan by the Council of Ministers,
the Director-General shall prepare a draft framework agreement regarding the
transfer of property rights held by the former intelligence services, where
necessary, for conclusion by the Council of Ministers and the Governments
of the Federation and Republika Srpska.
In the interim period prior to conclusion of the said framework agreement,
the legal status of such property may only be changed with the written approval
of the Council of Ministers upon the proposal of the Director-General.
Article 103
The Council of Ministers, at the proposal of the Director-General, shall issue any further instructions or decisions necessary to ensure the effective implementation of Article 102 of this Law and shall, at the request of the Chair, appoint one or more arbitrators where necessary to solve specific problems.
Article 104
During the period from entry into force of this Law until 1
June, 2004, sufficient funds shall be provided from the State budget in order
to allow the Director-General, Deputy Director-General and Inspector General
appointed in accordance with Article 97 of this Law to perform tasks related
to the transition from former intelligence services of the Federation and
Republika Srpska.
Minister of Finance and Treasury shall separately submit the detailed budget
proposal of the Agency for 2004 for adoption, with the aim of ensuring that
the budget proposal will be adopted 1 June, 2004. The Federation and Republika
Srpska shall, in accordance with the adopted budget of the Agency, transfer
funds for the operation of the Agency.
In the event that the annual budget for the Institutions of Bosnia and Herzegovina
for 2005 is not adopted by 1 December 2004, the Minister of Finance and Treasury
shall separately submit the budget proposal of the Agency for adoption, with
the aim of ensuring that the budget proposal will be adopted by 1 January
2005. The Federation and Republika Srpska shall, in accordance with the adopted
budget of the Agency, transfer funds for the operation of the Agency.
Article 105
Security clearance procedure, classified data protection procedure, as well as the Parliamentary oversight procedure, shall be entirely regulated by special laws, which must be prepared and forwarded to the Parliamentary procedure by the Council of Ministers within three months (3) of the establishment of the Agency.
Article 106
The Book of Rules on Internal Organization of the Agency shall
be prepared 30 days after the appointment of the Director-General and Deputy
Director-General and issued 15 days after submission to the Council of Ministers.
All other Books of Rules and regulations required by this Law shall be issued
within six months of the establishment of the Agency.
Article 107
Two years after entry into force of this Law, the Chair shall
initiate an investigation which shall examine, inter alia, whether the rights
of any of the constituent peoples have been violated in the implementation
of this Law.
No later than six (6) months after the date when the Chair is obliged to initiate
the investigation referred to in paragraph 1 of this Article, the Chair shall
submit to the Council of Ministers for adoption a report on the findings of
the investigation. The report shall include, inter alia, recommendations and
remedial measures that may be required.
The Council of Ministers shall adopt Plan on implementation of this Law referred
to in paragraph 1 of this Article pursuant to Article 18 of the Law on Council
of Ministers of Bosnia and Herzegovina.
Article 108
This Law shall be published in the Official Gazette of Bosnia and Herzegovina, the Official Gazette of the Federation and the Official Gazette of the Republika Srpska.
Article 109
This Law shall enter into force on the 8th day after its publication in the Official Gazette of Bosnia and Herzegovina.
PS BiH No. _22_/04
22 March 2004
|
Chair House of Representatives
Parliamentary Assembly of BiH dr. Nikola Spiric, s.r. |
Chair House of Peoples
Parliamentary Assembly of BiH Mustafa Pamuk, s.r. |