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State Security Agency Amendment Bill

This bill seeks to establish the State Security Agency and amend several Acts related to intelligence services. It includes changes to definitions, functions, and the gathering of intelligence.

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State Security Agency Amendment Bill

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  1. AD-HOC COMMITTEE GENERAL INTELLIGENCE LAWS AMENDMENT BILL (B25-2011) 28/02/12: SECTION BY SECTION

  2. INTRODUCTION • The Bill is intended to amend the following Acts in order to establish the State Security Agency (Agency) and to provide for matters connected therewith: • National Strategic Intelligence Act, 1994 – Section 1-8 • Intelligence Services Oversight Act, 1994 – Section 9-13 • Intelligence Services Act, 2002 – Section 14-53

  3. GENERAL • Where it is indicated that a certain section is dealing with the amendment of names it will mean that names such as: • the “Service”, COMSEC, “Academy” and “Intelligence Services” are deleted ; that • “Agency” is referring to the State Security Agency; and that • The terms “Chief Executive Officer” and “Director-General concerned” are also amended to read “Director-General”.

  4. NATIONAL STRATEGIC INTELLIGENCE ACT, 1994 • SECTION 1 • 1.Provides for the amendment of the following definitions: • Agency; • Counter-intelligence; • National Intelligence Structures; and • Relevant members of the National Intelligence Structures. 2. Provides for the deletion of the definition of “Service”

  5. NATIONAL STRATEGIC INTELLIGENCE ACT, 1994 • 3. Provides for the insertion of the following new definitions: • Foreign signals intelligence; • Information security; • Intelligence; • National security (in line with the Protection of State Information Bill); • Security competence; • State security matter (in line with the Protection of State Information Bill); • Vetting field work units; and • Vetting investigation.

  6. NATIONAL STRATEGIC INTELLIGENCE ACT, 1994 • SECTION 2 • To align the mandate of the Agency to the gathering, correlation, evaluation and analysis of domestic and foreign intelligence. This combines domestic and foreign intelligence functions under the one structure of the “Agency” 2. To provide for the submission of “intelligence products” instead of “intelligence” to other departments and NICOC.

  7. NATIONAL STRATEGIC INTELLIGENCE ACT, 1994 • 3.To provide for the functions that are currently contained in the Electronic Communications Security (Pty) Ltd Act, 2002 to be repealed by the Act, to be transferred to the Agency and to provide for one new function concerning communications and cryptography • The current functions with regard to communications and cryptography are - • To protect and secure critical electronic communications against unauthorized access or technical, electronic or any other related threats;

  8. NATIONAL STRATEGIC INTELLIGENCE ACT, 1994 • To provide verification services for electronic communications security systems, products and services and any other related services; and • To provide and co-ordinate research and developments with regard to electronic communications security systems, products and services and any other related services. • To collect and analyse foreign signals intelligence in a manner as prescribed in terms of the regulations issued in term of the Intelligence Services Act, 2002, in accordance with the intelligence priorities of the Republic.

  9. NATIONAL STRATEGIC INTELLIGENCE ACT, 1994 • The following two additional functions have also been added to the functions of the Agency: • To liaise with intelligence or security services or other authorities, of other countries or inter-governmental forums of intelligence or security services; and • Subject to the Regulation of Interception of Communications and Provision of Communication –related Information Act, 2002, to monitor or interfere with the electromagnetic, acoustic or other emissions and any equipment producing such emissions and to obtain and provide information derived from or related to such emissions or equipment and from encrypted material, for the purposes of protecting and promoting the national security of the Republic.

  10. NATIONAL STRATEGIC INTELLIGENCE ACT, 1994 SECTION 3 1. Names of structures are amended in section 2A of the Act that is dealing with the vetting of persons. 2. The term “security screening” is amended to “vetting” which includes screening processes. 3. Provision is made for the establishment of vetting field work units by departments on request of the Agency to assist the Agency with the gathering of prescribed vetting information.

  11. NATIONAL STRATEGIC INTELLIGENCE ACT, 1994  4. The head of a National Intelligence Structure may delegate in writing the authority to issue, downgrade or revoke clearances to other officials under his or her command.

  12. NATIONAL STRATEGIC INTELLIGENCE ACT, 1994 SECTION 4 1. A duty is placed on departments of state not to withhold any information from the Agency which is relevant to any investigation within its legal mandate. 2. A further duty is placed on members of the National Intelligence Structures to immediately transfer intelligence products to another member where such intelligence is needed for the fulfillment of a statutory function.

  13. NATIONAL STRATEGIC INTELLIGENCE ACT, 1994 SECTION 5 1. The post of Coordinator of Intelligence is abolished and provision is made for the appointment of an administrative head of NICOC who will fulfill his or her functions under the Minister of State Security. 2. Additional to the DG of the Agency the heads of the domestic and foreign divisions of the Agency will also be permanent members of the Coordinating Committee.

  14. NATIONAL STRATEGIC INTELLIGENCE ACT, 1994 3. NICOC will only be responsible for the coordination of intelligence products and will not be responsible for the prioritization of intelligence activities anymore. 4. NICOC may only be tasked in a prescribed manner and must provide the Minister with national strategic intelligence and intelligence products relating to threats to the national security.

  15. NATIONAL STRATEGIC INTELLIGENCE ACT, 1994 SECTION 6 1. NICOC shall be situated in the Office of the Minister and shall be staffed in a prescribed manner.

  16. NATIONAL STRATEGIC INTELLIGENCE ACT, 1994 • SECTION 7 • 1. Provision is made for the issuing of the following new regulations by the Minister in consultation with the JSCI: • The manner and form in which departmental intelligence shall be supplied to State departments; • The provision of staff required for administration of the Act; and • Any matter necessary for the effective execution and administration of counter-intelligence functions and the coordination and interpretation of intelligence products.

  17. NATIONAL STRATEGIC INTELLIGENCE ACT, 1994 SECTION 8 1. Provides for name changes in the long title of the Act.

  18. INTELLIGENCE SERVICES OVERSIGHT ACT, 1994 • SECTION 9 • 1. Deals with amendment of names in section 1 of the Act and the following definitions are amended: • Agency; • Head of a Service; and • Services.

  19. INTELLIGENCE SERVICES OVERSIGHT ACT, 1994 • 2. The following definitions will be deleted: •  Academy; •  CEO; •  COMSEC; •  Intelligence services; •  Intelligence Services Entities; and •  South African Secret Service.

  20. INTELLIGENCE SERVICES OVERSIGHT ACT, 1994 SECTION 10 1. Deals with the amendment of names in section 2 of the Act that deals with the establishment of the Committee on Intelligence.

  21. INTELLIGENCE SERVICES OVERSIGHT ACT, 1994 SECTION 11 1. Deals with the amendment of names in section 3 of the Act that deals with functions of the Committee on Intelligence.

  22. INTELLIGENCE SERVICES OVERSIGHT ACT, 1994 SECTION 12 1. Deals with the amendment of names in section 4 of the Act that deals with access to intelligence, information and documents.

  23. INTELLIGENCE SERVICES OVERSIGHT ACT, 1994 SECTION 13 1. Deals with the amendment of names in section 7 of the Act that deals with the Inspector-General.

  24. INTELLIGENCE SERVICES ACT, 2002 • SECTION 14 • 1. Provides for the insertion of the following new definitions into the Act: • Accounting officer; • Auditor-General; • Classified information • Council; • Foreign signal intelligence; • Security competence; and • Vetting investigation.

  25. INTELLIGENCE SERVICES ACT, 2002 • 2. Provides for the amendment of the following definitions: • Agency; and • Former member. 3. Provides for the deletion of the following definitions: • Academy; • Chief Executive Officer; • Intelligence Services; • Intelligence Services Council; and • Service.

  26. INTELLIGENCE SERVICES ACT, 2002 SECTION 15 1. Provides for the amendment of names in the heading of Chapter II of the Act that deals with the establishment, composition and organization of Agency, Service and Academy.

  27. INTELLIGENCE SERVICES ACT, 2002 SECTION 16 1. Provides for the continued existence of the Agency as established as a Schedule 1 department in terms of the Public Service Act, 1994 by Proclamation 59 of 2009 that consists of the following absorbed government components: NIA, SASS, COMSEC and SANAI. 2. The president must appoint a DG who will be the accounting officer of the Agency.

  28. INTELLIGENCE SERVICES ACT, 2002 • SECTION 17 • 1. The Minister must for the Agency- • Create posts at the equivalent level of Deputy Director-General in consultation with the President; and • Establish branches, chief directorates, directorates, divisions and components and prescribe the functions and post establishment thereof.

  29. INTELLIGENCE SERVICES ACT, 2002 SECTION 18 1. Provides for the amendment of names in section 5 of the Act and transfers all functions concerning training of members as well as the administration of the training fund from the Academy to the Agency and the DG respectively.

  30. INTELLIGENCE SERVICES ACT, 2002 SECTION 19 1. Repeals section 6 of the Act that deals with appointment of head and deputy head of the Academy.

  31. INTELLIGENCE SERVICES ACT, 2002 SECTION 20 1. Repeals section 7 of the Act that deals with the composition of the Academy.

  32. INTELLIGENCE SERVICES ACT, 2002 SECTION 21 1. Deals with the amendment of names in section 8 of the Act that deals with the appointment, promotion, discharge, demotion and transfer of members.

  33. INTELLIGENCE SERVICES ACT, 2002 SECTION 22 1. Deals with the amendment of names in section 9 of the Act that deals with the establishment of the Ministerial Advisory Committee on Training.

  34. INTELLIGENCE SERVICES ACT, 2002 SECTION 23 1. Deals with the amendment of names in section 10 of the Act that deals with the heads of Intelligence Services and the Academy.  2. Creates an additional reporting channel for the DG in that at the end of each financial year the DG must submit a report on any activities of the Agency with an authority of another country which must, except for classified information, be publicly accessible. The report must be submitted to the Minister and the Minister must as soon as is practicable table such report in Parliament.

  35. INTELLIGENCE SERVICES ACT, 2002 • SECTION 24 • Deals with the amendment of names in section 11 of the Act that deals with the powers and duties of members.

  36. INTELLIGENCE SERVICES ACT, 2002 SECTION 25 1. Deals with the amendment of names in section 12 of the Act that deals with general powers of the Minister. 2. The authority of the Minister to erect and maintain buildings can by way of delegation be transferred to the DG in order to streamline the administration of the department.

  37. INTELLIGENCE SERVICES ACT, 2002 SECTION 26 1. The current retirement age of 60 is retained but members are afforded the right to retire from the age of 55 in line with the Public Service Act. Members who exercise this right will still be subject to certain pension penalties in terms of the Pension Fund regulations.

  38. INTELLIGENCE SERVICES ACT, 2002 SECTION 27 1. Deals with the amendment of names and amends the term “security screening” to “vetting” in section 14 of the Act that deals with the vetting of members of the Agency.

  39. INTELLIGENCE SERVICES ACT, 2002 SECTION 28 1. Currently, a member who is absent from duty without permission for 14 consecutive days is deemed to have been discharged. This period is amended to 10 consecutive working days in order to alleviate problems with the calculation of such member’s salaries. 2. The Minister may also appoint an Advisory Panel to assist him with appeals concerning such dismissals.

  40. INTELLIGENCE SERVICES ACT, 2002 SECTION 29 TO 31 1. Deals with the amendment of names and provides that the Minister may appoint advisory panels to assist the Minister with the consideration of appeals concerning the discharge of members on account of ill-health, poor performance and misconduct.

  41. INTELLIGENCE SERVICES ACT, 2002 • SECTION 32 • Deals with the amendment of names in section 19 of the Act that deals with the transfer and discharge of members on account of public interest, secondment of members, and temporary employment of other persons.

  42. INTELLIGENCE SERVICES ACT, 2002 SECTION 33 1. Deals with the amendment of names in section 20 of the Act that deals with delegations.

  43. INTELLIGENCE SERVICES ACT, 2002 SECTION 34 1. Prohibits members to strike or induce or conspire with any other member or person to strike. 2. The Minister must provide for internal rules to deal with complaints, grievances and consultation on conditions of service.

  44. INTELLIGENCE SERVICES ACT, 2002 SECTION 35 1. The name of the “Intelligence Services Council on Conditions of Service” is amended to “Intelligence Council on Conditions of Service”. 2. The Council will consists of not more than three fit and proper persons to fulfill the functions of the Council, appointed on contract. None of these persons will be members of the Agency as is currently the case and the aim is to obtain a higher grade of objectivity.

  45. INTELLIGENCE SERVICES ACT, 2002 SECTION 36 1. Deals with the amendment of names in section 23 of the Act that deals with the whole time of members that must be available to the Agency.

  46. INTELLIGENCE SERVICES ACT, 2002 SECTION 37 1. Deals with the amendment of names in section 24 of the Act that deals with rewards for extraordinary diligence or devotion.

  47. INTELLIGENCE SERVICES ACT, 2002 SECTION 38 1. All medals concerning the Agency must be registered with the Bureau of Heraldry in order to obtain sanctions against members who sell, damage or destroy such medals.

  48. INTELLIGENCE SERVICES ACT, 2002 SECTION 39 1. Deals with the amendment of names in section 26 of the Act that deals with offences concerning the Act.

  49. INTELLIGENCE SERVICES ACT, 2002 SECTION 40  1. Deals with the amendment of names in section 27 of the Act that deals with the disclosure of classified information or material by former members.

  50. INTELLIGENCE SERVICES ACT, 2002 SECTION 41  1. Deals with the amendment of names in section 28 of the Act that deals with the prohibition of former members not to render security services for a period of three years, without a clearance certificate issued by the DG.

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