The Demilitarisation Act: civilian intelligence services, a ban on involvement in the judiciary, politics, the economy and the press, with penalties of 10–20 years.
THE ACT on the reform and demilitarisation of the state bodies with powers in the field of national security
Draft legislation amending Act 51 of 29 July 1991 on the national security of Romania, Act no. 14 of 24 February 1992 on the organisation and functioning of the Romanian Intelligence Service, Act no. 1 of 6 January 1998 on the organisation and functioning of the Foreign Intelligence Service, Act no. 92 of 24 July 1996 on the organisation and functioning of the Special Telecommunications Service and Act no. 191 of 19 October 1998 on the organisation and functioning of the Protection and Guard Service
I. Act no. 51 of 29 July 1991 on the national security of Romania, republished in the Official Gazette no. 190 of 18 March 2014, as subsequently amended and supplemented, is amended as follows:
(1) In article 29, paragraphs (1) and (2) are amended and shall read as follows:
“(1) The intelligence, counter-intelligence, guard and special telecommunications services and those assimilated to them shall be organised exclusively as civilian bodies, their employees becoming, by assimilation, public servants with special status, having the right to organise themselves in trade unions and to be investigated by the corresponding civilian prosecution services.
(2) Their statute shall be governed by organic law.”
(2) In article 29, after paragraph (3), a new paragraph (4) is inserted, reading as follows:
“The personnel of the Romanian Intelligence Service, of the Foreign Intelligence Service, of the Special Telecommunications Service and of the Protection and Guard Service who, at the date of retirement, held the status of permanent military personnel for a period of 15 years or more shall retain their rights until their office ceases, in whatever manner.”
(3) After article 33, two new articles are inserted, art. 33¹ and art. 33², reading as follows:
“33¹ (1) Participation in any manner by the intelligence and counter-intelligence services and those assimilated to them in the carrying out of any acts of judicial procedure is prohibited.
(2) Influencing in any manner the prosecutor or the judge entrusted with an investigation, by any person, including by employees or collaborators of the intelligence and counter-intelligence services and those assimilated to them, constitutes an offence and shall be punished by imprisonment from 10 to 20 years and the prohibition of certain rights.
(3) Attempt shall be punished.
(4) Failure to report the interference provided for in paragraph (1) constitutes a criminal act and shall be punished by the same penalty as that provided for in paragraph (2).
33² (1) Participation in any manner by the intelligence and counter-intelligence services and those assimilated to them in the carrying out of any activities of a political, economic or media character is prohibited.
(2) It is prohibited for the intelligence and counter-intelligence services and those assimilated to them to hold commercial companies directly or indirectly, through their own personnel or through intermediaries, as well as to carry out commercial activities on the territory of Romania or abroad.
(3) The intelligence and counter-intelligence services and those assimilated to them may not use funds other than those provided for in the State Budget Law.
(4) Any gains obtained by the intelligence and counter-intelligence services and those assimilated to them in the context of carrying out their specific activities shall be paid into the State budget.
(5) It is prohibited for the intelligence and counter-intelligence services and those assimilated to them to establish, finance, lead or coordinate, through their own personnel or through intermediaries, non-governmental organisations.
(6) Breach of the provisions laid down in paragraphs (1) to (5) constitutes a criminal act and shall be punished by imprisonment from 10 to 20 years and the prohibition of certain rights.
(7) Attempt shall be punished.
(8) Failure to report the acts provided for in paragraphs (1) to (5) constitutes a criminal act and shall be punished by the same penalty as that provided for in paragraph (6).”
II. Act no. 14 of 24 February 1992 on the organisation and functioning of the Romanian Intelligence Service, published in the Official Gazette no. 33 of 3 March 1992, as subsequently amended, is amended as follows:
(1) In article 9, paragraph (1), letter a) is amended and shall read as follows:
“requesting and obtaining objects, documents or official information from public authorities or institutions”
(2) In article 9, paragraph (1), letter e) is repealed.
(3) In article 10, paragraph (1) is amended and shall read as follows:
“In situations constituting threats to national security, the Romanian Intelligence Service, through personnel designated for that purpose, shall carry out activities specific to the gathering of intelligence, performed in accordance with the procedure laid down in Act no. 51/1991, as subsequently amended, which shall apply accordingly.”
(4) After article 24, a new article is inserted, art. 24¹, reading as follows:
“The Director of the Romanian Intelligence Service and the First Deputy Director of the Romanian Intelligence Service shall be appointed for a term of 4 years, renewable once only.”
(5) In article 27, paragraph (1) is amended and shall read as follows:
“The personnel of the Romanian Intelligence Service shall consist of civilian employees performing operational and administrative duties.”
(6) In article 27, paragraph (3) is repealed.
(7) In article 29, paragraph (1) is repealed.
(8) Article 30 is repealed.
(9) Article 42 is amended and shall read as follows:
“(1) The buildings, means of transport, technical equipment and other material means for the officials of the Romanian Intelligence Service shall be provided by the Government.
(2) The funds necessary for carrying out the activity of the Romanian Intelligence Service shall be provided within the State budget, approved by Parliament.
(3) The Romanian Intelligence Service shall have its own fleet of means of transport for the central apparatus and the subordinate units, established by the equipment tables of the units approved by the Director.”
III. Act no. 1 of 6 January 1998 on the organisation and functioning of the Foreign Intelligence Service, republished in the Official Gazette no. 511 of 18 October 2000, as subsequently amended, is amended as follows:
In article 6, after paragraph (2), paragraph (3) is added, reading as follows: → the reasons
“(3) The Director of the Foreign Intelligence Service shall be appointed for a term of 4 years, renewable once only.”
In article 9, paragraph (1) is amended and shall read as follows: → the reasons
“The Foreign Intelligence Service shall carry out its activity in accordance with the Constitution of Romania, with the laws of the country and with the decisions of the Supreme Council of National Defence.”
(2) In article 10, paragraph (1) is amended and shall read as follows: “The Foreign Intelligence Service is authorised, under the conditions laid down by law, to use methods and to create and hold appropriate means for obtaining, verifying, evaluating, exploiting and storing data and information relating to national security.”
(3) Article 11 is amended and shall read as follows:
“The Foreign Intelligence Service has the right, under the conditions laid down by law, to request and obtain from the Romanian public authorities data or documents necessary for the performance of its duties.”
(4) Article 13 is amended and shall read as follows:
“The personnel of the Foreign Intelligence Service shall consist of civilian employees.”
(5) Article 14 is amended and shall read as follows:
“Military personnel of the Foreign Intelligence Service in the reserve or retired shall have all the rights and duties provided for by the normative acts applicable to the Romanian army, as well as by the rules specific to that service.”
(6) In article 21, paragraph (1¹) is repealed.
IV. Act no. 92 of 24 July 1996 on the organisation and functioning of the Special Telecommunications Service, published in the Official Gazette no. 169 of 30 July 1996, is amended as follows:
In article 8, after paragraph 6, paragraph 7 is added, reading as follows: → the reasons
“(7) The Director and the First Deputy Director of the Special Telecommunications Service shall be appointed for a term of 4 years, renewable once only.”
In article 11, paragraph (1), letter m) is amended and shall read as follows: → the reasons
“shall carry out other necessary activities, such as: research and technological and IT design, personnel and training activities, transport, medical and rehabilitation assistance, and social, cultural and sporting activities for its own personnel, in accordance with the legal rules.”
(2) In article 12, paragraph (1) is amended and shall read as follows:
“The personnel of the Special Telecommunications Service shall consist of civilian employees.”
(3) In article 12, paragraph (2) is repealed.
(4) Article 14 is amended and shall read as follows:
“The Special Telecommunications Service shall organise its own system of instruction and of improvement of the training of civilian employees, and, on the basis of a protocol, through the specialised institutions belonging to the structures of the national defence system, through university education and, as the case may be, within specialised services and firms in the country or abroad.”
V. Act no. 191 of 19 October 1998 on the organisation and functioning of the Protection and Guard Service, published in the Official Gazette no. 402 of 22 October 1998, as subsequently amended and supplemented, is amended as follows:
(1) In article 1, paragraph (2) is amended and shall read as follows:
“The Protection and Guard Service is a component part of the national defence system.”
(2) After article 9, article 9¹ is inserted, reading as follows:
“The Director and the First Deputy Director of the Protection and Guard Service shall be appointed for a term of 4 years, renewable once only.
(3) Article 13 is repealed.
(4) In article 14, letters d) and e) are repealed.
(5) In article 15, paragraph (1) is amended and shall read as follows:
“The personnel of the Protection and Guard Service shall consist of civilian employees.”
(6) In article 15, paragraph (3) is amended and shall read as follows:
“Civilian personnel performing specific duties for the carrying out of operational activities shall fall within work groups I and II.”
(7) In article 16, paragraphs (1) and (3) are repealed.
(8) In article 19, paragraph (1) is amended and shall read as follows:
“The civilian staff of the Protection and Guard Service shall come from among the graduates of military educational institutions. In the case of posts in specific fields of activity for which military educational institutions do not train the necessary specialists, those posts may be filled by persons trained by civilian educational institutions who meet the legal conditions.”
(9) In article 29, paragraph (1) is amended and shall read as follows:
“The civilian personnel of the Protection and Guard Service shall be under an obligation to keep State secrets and official secrets, under the conditions laid down by law.”
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