National Intelligence

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ACT 11/2002 of 6th May regulating
the Centro Nacional de Inteligencia (National Intelligence Centre).
JUAN CARLOS I
KING OF SPAIN
To all who see and understand
the following:
You are hereby informed: That
the Cortes Generales (Spanish Parliament) has passed, and it is my duty to
sanction, the following Organic Law.
EXPOSITION OF MOTIVES
The Spanish society demands efficient, specialised and modern Intelligence Services, capable of meeting the
new challenges of today’s national and
international situation, and governed by
the principles of control and complete
subjection to the legal system.
The current regulation of the Higher
Centre of Defence Information (CESID)
is contained in a number of provisions,
none of them with legal status. Therefore, a considerable effort was made to
adapt its structure and operation to the
new requirements of the society and the
State. These provisions, however, lack
individual and systematic regulation
with appropriate legal status in accordance with the Constitution.
Only a statute of personnel was designed by a regulation with the status of
a formal law and developed according to
regulations.
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This situation makes it necessary to
regulate the Intelligence Services by
means of new regulations with legal
status covering, in a unified and systematic way, the nature, objectives, principles, functions and substantial aspects of
its organisation and legal-administrative
system, as well as parliamentary and
judicial oversight, which are the essence
of its efficient and transparent operation.
The purpose of this Act, based on
the model used by the countries sharing
our political and cultural environment, is
to provide the Intelligence Services with
a precise instrument to meet the objectives assigned to them by legal and regulatory provisions.
The National Intelligence Centre is
created to replace the CESID and, given
the nature of the missions that it shall be
assigned, it is established as a special
public institution provided for in Additional Provision 10 of the Act 6/1997 of
14th April on the Organisation and Operation of the State Administration. It
shall thus have the necessary functional
autonomy to carry out its missions, for
which it shall have a specific regime
regarding employment, personnel and
budget.
To this effect, this Act authorises
the Government to approve a single and
uniform statute for all the personnel
serving in the National Intelligence Centre. Otherwise, such personnel would be
governed by different regulations depending on their status and relation with
the Administration.
The main mission of the National
Intelligence Centre shall be to provide
the Government with the information
and intelligence needed to prevent and
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avoid any risk or threat that could affect
the independence and integrity of Spain,
its national interests and the stability of
its institutions and of the rule of law.
The National Intelligence Centre
shall continue to be attached to the Ministry of Defence. This attachment takes
on a new meaning in the light of the new
challenges that Intelligence Services
must face as a result of the so-called
emerging risks envisaged by this Act
when defining the functions of the Service. Its objectives, set by the Government, shall be approved annually by the
Cabinet and shall be expressed in the
Intelligence Directive.
The National Intelligence Centre
shall operate under the principle of coordination with the rest of the information services of the Spanish State. To
this end, the Government Delegate
Commission for Intelligence Affairs has
been established, chaired by the Deputy
Prime Minister appointed by the Prime
Minister. It shall consist of the Minister
of Foreign Affairs, the Minister of Defence, the Minister of the Interior, the
Minister of Finance, the SecretaryGeneral of the Office of the Prime Minister, the Secretary of State for Security
and the Secretary of State-Director of the
National Intelligence Centre.
For the first time there is a law that
specifically provides for the principle of
parliamentary oversight of the activities
of the National Intelligence Centre. This
Act, within the bounds of respect for
parliamentary autonomy, provides that
the Commission that controls the allocation of confidential funds should regulate
the activities of the National Intelligence
Centre, in line with the objectives approved by the Government, and make an
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annual report on the activities of the Service and the achievement of its objectives. In accordance with parliamentary
regulations, the members of this Commission are also those who are privy to
official secrets.
The project includes those aspects
of the regulation of the National Intelligence Centre that, in accordance with the
Constitution, are not reserved to an organic law. The a priori judicial control
of the activities of the National Intelligence Centre is dealt with in the Organic
Law supplementary to this Act.
Both Laws should be interpreted
jointly and systematically because the
adoption of measures that require preliminary warrant should be justified in
the discharge of the functions that this
Act assigns to the National Intelligence
Centre.
CHAPTER I
General Provisions
Section 1. The National Intelligence
Centre
The National Intelligence Centre is
the public institution responsible for
providing the Prime Minister with information, analyses, studies or proposals,
that allow for the prevention and avoidance of any danger, threat or aggression
against the independence or territorial
integrity of Spain, its national interests
and the stability of its institutions and of
the rule of law.
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Section 2. Principles
1. The National Intelligence Centre
shall be governed by the principle of
subjection to the legal system, and shall
carry out its specific activities within the
framework of the delegate authority expressly established in this Act and in
Organic Law 2/2002 of 6th May regulating the a priori judicial control of the
National Intelligence Centre.
2. Without prejudice to the protection of its activities, the discharge of the
functions of the National Intelligence
Centre shall be subject to parliamentary
and judicial control in the terms set out
in this Act and in the Organic Law regulating a priori judicial control of the National Intelligence Centre.
3. In the discharge of its functions,
the National Intelligence Centre shall
operate under the principles of efficiency, specialisation and co-ordination
in accordance with the intelligence objectives set by the Government.
Section 3. Setting of objectives
The Government shall determine
and approve the objectives of the National Intelligence Centre on an annual
basis by means of the Intelligence Directive, which shall be classified top secret.
Section 4. Functions of the National Intelligence Centre
The National Intelligence Centre
shall perform the following functions to
achieve its objectives:
a) To collect, assess and interpret
information and disseminate the necessary intelligence to protect and promote
the political, economic, industrial, com-
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mercial and strategic interests of Spain,
both inside and outside the national territory.
b) To prevent, detect and provide
for the neutralisation of the activities of
any foreign service, group or person that
endanger, threaten or attack the constitutional order, the rights and freedoms of
Spanish citizens, the sovereignty, integrity and security of the State, the stability
of its institutions, its national economic
interests and the well-being of the population.
c) To promote relations of cooperation and collaboration with Intelligence Services of other countries or international organisations in order to meet
its objectives more efficiently.
d) To obtain, evaluate and interpret
the traffic of strategic signals in fulfilment of the intelligence objectives assigned to the Service.
e) To co-ordinate the activities of
the Government institutions that use cypher means or procedures; to guarantee
the security of information technology in
this field; to report on the co-ordinated
collection of cryptological material; and
to train its own experts or those of other
Government Agencies so as to insure the
proper discharge of the functions of the
Service.
f) To monitor the compliance with
the regulations on the protection of classified information.
g) To guarantee the security and
protection of its own facilities, information, material and personnel resources.
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Section 5. Activities of the National Intelligence Centre
guarantee the protection of their personal
details, identity and appearance.
1. The activities of the National Intelligence Centre, as well as its organisation and internal structure, resources and
procedures, personnel, facilities, data
bases, sources of information, and the
information or data that could lead to
knowledge of the matters above, are
classified information marked top secret
or the highest classification level in accordance with the legislation regulating
official secrets and International Agreements.
Such members shall also have a
license to bear arms, commensurate with
the needs of the Service, in accordance
with the regulations in force.
2. If applicable, the National Intelligence Centre shall maintain the necessary relations of co-operation and coordination with the rest of the Public
Administration, for the proper discharge
of its functions in accordance with the
legislation in force in each case and preserving the legal protection of the activities of the Service.
3. The National Intelligence Centre
may have at its disposal and use covert
means and activities, and may obtain
reserved permits, identities, and number
plates from the authorities legally in
charge of their issuance to meet the
needs of its missions.
Its members shall also be provided with accrediting documentation as
members of the Service as required. This
does not exonerate the person or entity to
whom this accreditation is shown of the
obligation to keep the identity of such
member secret. The competent authorities to which members of the National
Intelligence Centre report, for reasons
related to the activities of the Service,
shall adopt the necessary measures to
4. The members of the National Intelligence Centre shall not be considered
law-enforcement agents, with the exception of those whose professional activity
is related to the protection of the personnel and the facilities of the Service.
5. In the discharge of its functions,
the National Intelligence Centre may vet
individuals or entities in accordance with
this Act and the Organic Law regulating
a priori judicial control of the National
Intelligence Centre. In order to conduct
these vettings it may call on public and
private organisations and institutions for
the necessary collaboration.
CHAPTER II
Organisation and legal system
Section 6. Government Delegate Commission for Intelligence Affairs
1. The Government Delegate Commission for Intelligence Affairs shall
monitor the proper co-ordination of all
Information and Intelligence Services of
the State to form an intelligence community.
2. The Commission shall be chaired
by the Deputy Prime Minister appointed
by the Prime Minister and consist of the
Minister of Foreign Affairs, the Minister
of Defence, the Minister of the Interior,
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the Minister of Finance, the SecretaryGeneral of the Office of the Prime Minister, the Secretary of State for Security
and the Secretary of State-Director of the
National Intelligence Centre, who shall
act as Secretary.
3. Notwithstanding the above, officials of other higher governing institutions of the State Administration may be
summoned to Commission meetings as
deemed necessary.
4. The following duties are ascribed
to the Delegate Commission:
a) To propose to the Prime Minister
the annual objectives of the National
Intelligence Centre that should be included in the Intelligence Directive.
b) To monitor and assess the development of objectives of the National
Intelligence Centre.
c) To enforce the co-ordination of
the National Intelligence Centre, the
information services ascribed to Law
Enforcement Agencies and the civil and
military administrative bodies.
Section 7. Organisation
1. The National Intelligence Centre
is administratively attached to the Ministry of Defence.
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Departments as provided for in the regulations.
Section 8. Legal system
1. The personnel of the National Intelligence Centre, regardless of their
professional background, shall be subject
to a single statute of personnel applicable to all members, which shall be approved by the Government and that, in
accordance with the functions and nature
of the Service, shall regulate at least the
following issues:
a) The recruitment process that shall
require the passing of tests in accordance
with the principles of merit and capability.
b) The temporary or permanent
working relation with the National Intelligence Centre.
c) The hierarchy of the National Intelligence Centre and the subsequent
organic and functional relations.
d) The administrative measures that
guarantee confidentiality of personnel
management aspects that affect the operation of the Service.
.
2. Its organisation, economicbudgetary and personnel system shall
operate autonomously as a public institution with its own legal personality and
full operational capability.
e) The cases, terms and effects
where personnel of the National Intelligence Centre may be eligible to serve in
any other department of the Administration, whether they are reinstated or not in
their previous body or grade where appropriate.
3. The National Intelligence Centre
is organised into a Directorate whose
Head shall have the rank of Secretary of
State; a Secretariat General; and several
f) The scheme of rights and duties,
which shall combine that of the civil
service and that of the personnel subject
to military discipline.
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Notwithstanding the above, the Service may hire other personnel to meet
maintenance and operational needs not
linked with the exercise of the functions
entrusted to it under this Act. These personnel may be subject to the security and
control measures deemed necessary and
that are provided for in the statute of
personnel of the Service
2. The National Intelligence Centre
shall annually prepare a preliminary
draft budget that shall be submitted to
the Minister of Defence and subsequently sent to the Cabinet to be included in the General State Budget and
further laid before the Cortes Generales.
3. The economic-financial management control shall be handled in accordance with the General Budget Act
for Public Institutions under Additional
Provision 10 of Act 6/1997 of 14th April
on the Organisation and Operation of the
State Administration. The Government
shall establish the necessary provisions
to guarantee its operational autonomy
and independence.
4. With regard to its patrimonial and
employment system, it may be subject to
private law.
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investments of its Budget in force at any
time as fixed cash advances for supplementary material and services procurement abroad.
Section 9. Secretary of State-Director of
the National Intelligence Centre
1. The Secretary of State-Director
of the National Intelligence Centre shall
be appointed by Royal Decree upon the
proposal of the Minister of Defence and
shall hold office for five years, without
prejudice to the authority of the Cabinet
to make a substitution at any time.
2. It is the responsibility of the Secretary of State-Director of the National
Intelligence Centre to promote the activities of the Service and to co-ordinate its
departments to achieve the intelligence
objectives set by the Government; to
assure that the activities of the Service
are commensurate with the said objectives and to act as the representative of
the Service. It is also the duty of the Secretary of State-Director:
a) To make a proposal of the structure of the National Intelligence Centre
and to appoint and remove from office
the heads of its governing bodies.
5. The National Intelligence Centre
is authorized to use 18 per cent of the
total credit in the chapter relating to current expenditure on goods and services
of its Budget in force at any time as
fixed cash advances, so as to meet recurrent costs on non-inventory items, maintenance and servicing, recurring payments, reimbursement of expenses and
other similar expenses.
b) To approve the preliminary draft
budget.
6. The National Intelligence Centre
is authorized to use 2.5 per cent of the
total credit in the chapter relating to real
d) To maintain and foster, within
the area of jurisdiction of the Secretary
of State-Director, co-operation with the
c) To maintain the necessary relations for the development of the specific
activities of the National Intelligence
Centre and to conclude contracts and
agreements with public or private entities to achieve the objectives of the Service.
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information services of the Law Enforcement Agencies and the civil and
military administrative bodies that are
relevant to intelligence objectives.
e) To exercise the powers granted
by the legislation in force to the Heads
and Directors of public institutions and
those granted by related provisions.
f) To act as the National Intelligence and Counter-intelligence Authority and manage the National Cryptological Centre.
g) To perform any other duties that
are attributable by virtue of law or regulations.
Section 10. Secretary General of the
National Intelligence Centre
1. The Secretary General of the National Intelligence Centre shall have the
rank of Deputy Secretary and shall be
appointed by Royal Decree upon the
proposal of the Minister of Defence from
among candidates with recognised professional experience and competence in
the field of intelligence. He shall stand in
for the Secretary of State-Director in the
absence, vacancy or illness of the latter.
2. The Secretary General of the National Intelligence Centre shall perform
the duties assigned by the Royal Decree
on the Structure of the Service and especially the following:
a) To support and aid the Secretary
of State-Director of the National Intelligence Centre in the discharge of his
functions.
b) To establish the organisational
mechanisms and systems of the Service
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and to determine the measures to be
taken to update and improve them.
c) To oversee the operation of the
general services of the Service through
the corresponding instructions and orders.
d) To act as the head of personnel of
the Service, to propose the job list and to
determine the job vacancies to be filled
during each fiscal year.
e) To perform any other duties that
are entrusted to him by virtue of law or
regulations.
CHAPTER III
Oversight
Section 11. Parliamentary Oversight
1. The National Intelligence Centre
shall lay before the Lower House of Parliament, in accordance with its regulations and through the Commission that
controls the allocation of confidential
funds chaired by the President of the
House, the relevant information regarding its functions and activities. The content of those sessions as well as their
deliberations shall be secret.
2. The above-mentioned Commission of the Lower House shall have access to the information contained in classified material, with the exception of
information regarding the sources or
means of the National Intelligence Centre and that from Foreign Services or
international organisations under the
terms established in the agreements for
the exchange of classified information.
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3. The members of the Commission
shall be under obligation, in the terms set
out in the Regulations of the Lower
House, to maintain secrecy regarding the
information and documents they receive.
Once the documents have been examined, they shall be sent back to the National Intelligence Centre for safekeeping, and no originals, copies or reproductions shall be kept.
4. The Commission referred to in
this Section shall be cognizant of the
intelligence objectives set by the Government and of the report that, also on an
annual basis, shall be made by the Secretary of State-Director of the National
Intelligence Centre to evaluate the activities, situation and degree of achievement
of the objectives set out for the previous
period.
Section 12. A priori Judicial Control
A priori judicial control over the
National Intelligence Centre shall be
carried out in accordance with the Organic Law regulating a priori judicial
control over the National Intelligence
Centre, which is supplementary to this
Act.
Additional Provision 1. Legal Nature
The National Intelligence Centre is
included among the public institutions
referred to under Additional Provision
10 of Act 6/1997 of 14th April on the
Organisation and Operation of the State
Administration.
Additional Provision 2. Dissolution of
the Higher Centre of Defence Information (CESID).
1. The CESID is hereby dissolved.
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2. The National Intelligence Centre
shall replace the CESID in the discharge
of its functions and duties, and shall take
possession of the State assets, rights and
obligations attached to the CESID or
constituted by virtue of the said functions and its documentary resources.
3. It is understood that all of the references included in the regulatory provisions in force and pertaining to the CESID shall apply to the National Intelligence Centre.
Additional Provision 3. Authority to
modify the structural attachment.
The Prime Minister is granted authority to modify, by Royal Decree, the
structural attachment of the National
Intelligence Centre provided for in Sect.
7.1 of this Act. The Department to which
the Service is attached shall exercise the
jurisdiction over the said Service conferred by this Act to the Ministry of Defence and its Minister.
Single Transitory Provision. Guarantee
of acquired rights.
1. Permanent or temporary statutory
personnel of the CESID at the time when
this Act comes into force, shall retain
their same status in the National Intelligence Centre.
2. Royal Decree 1324/1995 of 28th
July setting up the statute of personnel of
the CESID shall remain in force until the
relevant regulations that develop this Act
are enforced and the statute of personnel
of the National Intelligence Centre is
passed.
3. The occupational status within
the Administration and any other economic rights that the personnel of the
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CESID had acquired shall be fully guaranteed under the new personnel system.
Single Repealing Provision
Any provisions of equal or lower
rank that are in conflict with the present
Act are hereby repealed.
Final Provision 1. Authority to develop
this Act
The Cabinet is granted authority to
enact as many provisions as deemed
necessary for the enforcement and development of this Act.
Final Provision 2. Budgetary modifications
The Ministry of Finance shall modify the budget as needed to comply with
this Act.
Final Provision 3. Commencement
This Act shall come into force on
the day of its publication in the “Boletín
Oficial del Estado” (Official Gazette).
Wherefore,
I order all Spaniards, whether individuals or authorities, to abide by this
Act and to ensure that it is observed.
Madrid, 6th May 2002
JUAN CARLOS R.
The Prime Minister
JOSÉ MARÍA AZNAR LÓPEZ
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