Act No. 153
Act No. 153 of July 7, 1994 on the Intelligence Services of the Czech Republic

The Czech Parliament has resolved upon the adoption of the following Act for the Czech Republic.

Preamble - introductory provisions

§ 1

1) This Act regulates in particular the status, purview, operation, co-operation, control and oversight of the intelligence services of the Czech Republic (hereinafter referred to as "intelligence services"); their tasking and their reporting duties, and provision of information to the intelligence services.

2) The use of specific means of acquiring information and keeping records containing personal data by the Security Information Service and the Military Defence Intelligence, as well as the status of intelligence service members and their contracts of service, are governed by other specific legislation.

§ 2

Intelligence services are State agencies for the acquisition, collection and evaluation of information (hereinafter referred to as "securing information") which is important for protecting the constitutional set-up, major economic interests, security and defence of the Czech Republic.

Intelligence services and their status

§ 3

The following intelligence services are active in the Czech Republic:

a) The Security Information Service (Bezpečnostní informační služba, BIS), its incomes and expenditures being defined in a separate Chapter of the State Budget.,

b) The Office for Foreign Relations and Information (Úřad pro zahraniční styky a informace, ÚZSI), its budget forming a part of the State Budget Chapter regarding the Ministry of the Interior.

c) The Military Intelligence, constituting a part of the Ministry of Defence, and composed of the Military Intelligence Service and the Military Defence Intelligence.

§ 4

(1) The intelligence services are headed by Directors.

(2) The Director of the Security Information Service (BIS) is appointed by the Government, following discussion by the respective Committee of the House of Deputies responsible for security matters. In matters regarding the execution of his/her responsibilities, the BIS Director reports to the Government, which also has the authority to recall him/her.

(3) The Director of the Office for Foreign Relations and Information (ÚZSI) is appointed and recalled by the Minister of the Interior, subject to Government consent. In matters regarding the execution of his/her responsibilities, the Director of ÚZSI reports to the Minister of the Interior.

(4) The Director of the Military Intelligence is appointed and recalled by the Minister of Defence at the recommendation of the Army Chief of General Staff of the Czech Republic and subject to Government consent. In matters regarding the execution of his/her responsibilities, the Director of the Military Intelligence reports to the Minister of Defence.

§ 5

(1) The Security Information Service (BIS) secures information on

a) schemes and activities directed against the democratic foundations, the sovereignty and territorial integrity of the Czech Republic,

b) the intelligence services of foreign powers,

c) activities endangering state and official secrets,

d) activities the consequences of which may jeopardize the security or major economic interests of the Czech Republic,

e) information regarding organized crime and terrorism.

(2) The Office for Foreign Relations and Information (ÚZSI) secures information of foreign provenance which is important for the security and protection of the foreign political and economic interests of the Czech Republic.

(3) The Military Intelligence secures information on

a) schemes and activities which pose a military threat to the Czech Republic ,

b) the intelligence services of foreign powers in the area of defence,

c) schemes and activities directed against the interests of safeguarding the defence of the Czech Republic,

d) activities endangering state and official secrets concerning the defence of the Czech Republic.

(4) The intelligence services fulfil further tasks as defined by specific legislation or international treaties by which the Czech Republic is bound.

§ 6

Internal organization of intelligence services

The internal organization of intelligence services and details of their operation are defined by their Statutes. The Statutes of the intelligence services are approved by the Government.

§ 7

Responsibility for the activities of intelligence services and the co-ordination of their operation

Responsibility for the activities of the intelligence services and co-ordination of their operation lies with the Government..

§ 8

Intelligence services reporting duties and tasking

(1) The intelligence services submit reports on their activities to the President of the Republic and the Government once a year and whenever they are requested to do so.

(2) In case they make findings which call for immediate action or attention, the intelligence services inform directly the President of the Republic, the Prime Minister and respective members of the Government.

(3) Information on findings falling within the province of their operation, with the exception of those the disclosure of which would jeopardize a major interest pursued by the respective Service, are passed by the intelligence services to government authorities and police agencies.

(4) The Government and President of the Republic task the intelligence services in keeping with the definition of the services' purview. The President of the Republic may not task the intelligence services without the knowledge of the Government.

(5) In case of the Security Information Service (BIS), the submission of reports and information and the tasking of the Service take place in keeping with par. 1-4 through the intermediation of the Security Information Service Director; while the Office for Foreign Relations and Information (ÚZSI) and the Military Intelligence submit reports and information and are tasked through the respective Ministers. As concerns submission of information under pars. 2 and 3, this may take place only with the knowledge of the BIS Director or the respective Minister.

Co-operation of intelligence services

§ 9

The intelligence services mutually co-operate on the basis of agreements concluded with the consent of the Government.

§ 10

Co-operation with the intelligence services of foreign powers may only take place with the consent of the Government.

§ 11

Provision of information to intelligence services

In compliance with the definition of their purview, the intelligence services may request from public administration agencies necessary assistance and information kept by those agencies in connection with the execution of the tasks of civil service..

Intelligence services control and oversight

§ 12

The activities of the intelligence services are subject to control by the Government and oversight by Parliament. The scope and manner of this control and oversight are defined by specific legislation.

§ 13

The provisions of this Act do not affect the competences of government authorities regarding supervision over the management of State property and observance of the State Budget according to specific legal regulations.

Information on the activities of the intelligence services for the House of Deputies of Czech Parliament

§ 14

The House of Deputies is informed about the activities of the intelligence services by the Government, through the intermediation of its respective body for intelligence services (hereinafter referred to as "respective body").

§ 15

The Government informs the respective body about the activities of the intelligence services once a year and whenever it is requested to do so, as well as each time when information is obtained which is important for the protection of the constitutional set-up, major economic interests, security and defence of the Czech Republic.

§ 16

(1) Unless the respective body decides otherwise, its deliberations concerning the activities of the intelligence services may only be attended by its members.

(2) The members of the respective body and other persons attending the deliberations of this body concerning the activities of the intelligence services are under the obligation of reticence about facts which they may learn during the execution of their function or when present at the deliberations of this body concerning the intelligence services.

(3) The members of the respective body and other persons attending the deliberations of this body may be exempted from the obligation of reticence only by a resolution of the House of Deputies.

(4) The provisions of pars. 2 and 3 do not affect regulations on the protection of state secrets.

Special provisions on the Office for Foreign Relations and Information (ÚZSI) and the Military Intelligence Service

§ 17

The Minister of the Interior may summon members of the Police of the Czech Republic to perform tasks in the Office for Foreign Relations and Information (ÚZSI).

§ 18

(1) Where compelled by the need to fulfil the tasks within their purview, the Office for Foreign Relations and Information (ÚZSI) and the Military Intelligence Service may carry out surveillance of persons and things, employ cover documents, decoy and protection technology in order to protect their operations on the territory of the Czech Republic, and they may make use for this purpose of persons acting in their favour, who must be at least 18 years old.

(2) For the purposes of this Act, cover documents are taken to mean documents and things serving to keep secret the true identity of a person. Not allowed to be used as cover documents are the identitfication cards of the President of the Republic, member of Parliament (House of Deputies or Senate), member of Government, member of the Supreme Audit Office or the Governor of the Czech National Bank, the service cards of a state prosecutor or judge, diplomatic passports or identification documents of living persons.

(3) Cover documents for use by the Office for Foreign Relations and Information (ÚZSI) are issued by the Ministry of the Interior, those for use by the Military Intelligence Service are issued by the Ministry of Defence.

§ 19

(1) The Office for Foreign Relations and Information (ÚZSI) and the Military Intelligence Service are authorized to record, store and make use of data on natural and legal persons when it is necessary for the fufilment of the tasks within their purview.

(2) The Office for Foreign Relations and Information (ÚZSI) and the Military Intelligence Service are obliged to secure the protection of data contained in their records against disclosure, abuse, damage, loss and theft.

(3) The Office for Foreign Relations and Information (ÚZSI) and the Military Intelligence Service do not disclose to the natural and legal persons concerned the fact that records are kept on them, nor do they disclose to them the contents of these records.

§ 20

Provisions for the secrecy of activity

Where compelled by the need to keep their activities secret, the intelligence services and their members may use special ways of presenting data on their management of resources from the State Budget, including management of foreign currency funds, income tax returns, data on the payment of health and social insurance and contributions to the government employment policy. These special ways of reporting such data are determined by the Government.

§ 21

Act No. 67/1992 Coll. on the Military Defence Intelligence is being amended as follows:

1. § 1 to 7, and § 22 and 23 are being repealed.

2. In § 13, par. 1, the word "Prosecutor" is being replaced with "High Court".

3. In § 14, the word "Prosecutor" is being replaced with "High Court".

4. The amended wording of § 15, par. 1 is as follows: "(1) The permission is issued by the Chairman of the High Court Panel of Judges."

5. In § 15, par. 3, and § 16, par. 1, the word "Prosecutor" is being replaced with "Chairman of the High Court Panel of Judges".

6. In § 16, par. 2, the word "Prosecutor" is being replaced with "Chairman of the High Court Panel of Judges".

§ 22

Effect

This Act becomes effective as of July 30, 1994.

Signed by:

Uhde
Havel
Lux, p.p.


 
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