National Intelligence Law 2013

The purpose of this Law is to establish the legal framework that regulates the principles, organization, functions, coordination, control and other provisions of the National Directorate of Investigation and Intelligence. TITLE II OF THE NATIONAL DIRECTORATE OF INVESTIGATION AND INTELLIGENCE UNIQUE CHAPTER FUNCTIONING AND DOMICILE

The National Directorate of Investigation and Intelligence shall have as its object to develop activities of investigation and strategic intelligence to protect the rights and freedoms of citizens and residents in the country, prevent and counteract internal or external threats against the constitutional order and execute the public policies in matters of defense and security established by the National Council of Defense and Security.

In the fulfillment of its legal obligations, the National Directorate of Investigation and Intelligence shall operate as a deconcentrated entity of the National Council of Defense and Security and shall enjoy functional, administrative and budgetary independence; for which the Secretariat of State in the Office of Finance shall make the corresponding budgetary provisions in accordance with Article 10 of the Special Law of the National Council of Defense and Security.

The domicile of the National Directorate of Investigation and Intelligence shall be the city of Tegucigalpa, and shall establish offices in any place of the Republic. TITLE III OF THE NATIONAL INTELLIGENCE SYSTEM CHAPTER I CREATION, INTEGRATION AND PRINCIPLES

The National Intelligence System is hereby created, which shall be composed of the set of specialized institutions of the State referred to in this Law that, acting in a coordinated manner, shall produce intelligence for decision-making in the internal and external sphere in order to protect the State from threats to security and national defense. The National Directorate of Investigation and Intelligence shall coordinate the National Intelligence System.

The specialized institutions of the State for the production of intelligence are: The National Directorate of Investigation and Intelligence, the Armed Forces of Honduras, the National Police, the Secretariat of State in the Office of Foreign Affairs and the Financial Information Unit (UIF). These shall conduct activities within the scope of their respective competencies. It shall be the obligation of public institutions to provide information that is required by the National Directorate of Investigation and Intelligence; likewise, private entities must cooperate by providing the information that is required of them in order to support the intelligence effort. Non-compliance with this obligation shall give rise to administrative, civil and criminal sanctions.

The Strategic Intelligence Committee (CIE) is hereby created as a technical advisory body to contribute to the formulation and execution of public policies in matters of security, defense and intelligence. This Committee shall meet at least once a month and shall be composed of:

• 1)

  The National Director of Investigation and Intelligence, who shall preside over it;

• 2)

  The Deputy National Director of the National Directorate of Investigation and Intelligence;

• 3)

  The Director of Strategic Information (C-2) of the Armed Forces of Honduras;

• 4)

  The Director of Police Intelligence;

• 5)

  The Director of the Financial Information Unit (UIF);

• 6)

  The Representative of the Public Ministry;

• 7)

  The Director of the Struggle Against Drug Trafficking;

• 8)

  A Representative of the Secretariat of Foreign Relations; and,

• 9)

  The Chief of the Intelligence Division of the National Directorate of Investigation and Intelligence, who shall serve as Secretary of Minutes.

In the fulfillment of intelligence functions, the following principles shall be observed strictly and at all times:

• 1)

  Legality: It is the primacy of Law as a fundamental principle of the Rule of Law, in accordance with which all investigation and intelligence activities shall be subject to the applicable legal system;

• 2)

  Continuity: It is the uninterrupted sequence in the provision of service to society; as well as, the stability of the members of the System, which strengthens the sense of belonging;

• 3)

  Professionalism: It is the sum of values, knowledge, skills and aptitudes to carry out a specific activity, in accordance with the needs and rules established by the members of the National Intelligence System;

• 4)

  Hierarchy: It is the level of authority to which the bodies comprising the National Intelligence System shall be subject;

• 5)

  Discipline: It is prompt, spontaneous and strict obedience to the legal norms established, which allow the development and achievement of objectives and goals. In no case shall this principle be applied when an order implies the commission of a crime or offense;

• 6)

  Ethics: It constitutes the values, duties and virtues that allow the bodies of the National Intelligence System to adopt decisions and determine transparent and appropriate behavior; and, 7) Impartiality: It is the application of norms based on objective criteria, without prejudices of any kind. CHAPTER II FUNCTIONS OF THE NATIONAL DIRECTORATE OF INVESTIGATION AND INTELLIGENCE ARTICLE 9.- In addition to the powers established in Article 7 of the Special Law of the National Council of Defense and Security, the National Directorate of Investigation and Intelligence shall have the following functions: 1) Develop activities of investigation and strategic intelligence with the purpose of:

  • a)

    Identify and counteract in the national and international sphere the capacities and activities of persons and organizations that may represent a threat to national security and development;

  • b)

    Counteract actions of terrorist groups that threaten the State;

  • c)

    Support the dismantling of organized crime structures when they represent threats against national security and defense;

  • d)

    Counteract acts that seriously threaten governance, public administration and protect State institutions from the influence of organized crime;

  • e)

    Contribute to the protection of natural, technological and economic resources of the State against interference from internal or external agents that compromise public order and national objectives; and,

  • f)

    Protect public institutions from acts of penetration, infiltration, espionage, sabotage or other intelligence activities developed by criminal organizations and other agents that represent a threat. 2) Develop investigation and intelligence activities in cooperation with other national intelligence bodies, as well as with other State entities; and, 3) Establish agreements for national and international cooperation on topics related to investigation and intelligence, taking into account the policies in matters of security, defense and intelligence established by the National Council of Defense and Security; and, 4) Cooperate with other homologous foreign agencies or friendly institutions in conducting investigations and the exchange of information and intelligence within the framework of reciprocity. CHAPTER III ORGANIZATION

For the fulfillment of its functions, the National Directorate of Investigation and Intelligence shall have the following structure:

• 1)

  National Directorate;

• 2)

  General Secretariat;

• 3)

  Internal Affairs;

• 4)

  International Relations and Strategic Communications;

• 5)

  Planning;

• 6)

  Intelligence Division;

• 7)

  Investigation Division;

• 8)

  Information, Technology and Communications Division;

• 9)

  Administrative Division;

• 10)

  Educational Division; and, 11) Others that may be established. The National Directorate of Investigation and Intelligence may create Special Units of Investigation and Intelligence for the execution of its operations. A Regulation shall govern its functioning. TITLE IV OF THE NATIONAL DIRECTOR AND THE DEPUTY NATIONAL DIRECTOR UNIQUE CHAPTER OF LEGAL REPRESENTATION, PERMANENCE IN OFFICE AND JUDICIAL SUBMISSION

The legal representation of the National Directorate of Investigation and Intelligence shall be an attribution of the National Director and in the absence thereof the Deputy National Director.

The National Director and the Deputy National Director of the National Directorate of Investigation and Intelligence shall serve in their offices for a period of five (5) years, and may be re-elected by the National Council of Defense and Security.

The functions of the National Director and the Deputy National Director of the National Directorate of Investigation and Intelligence are of exclusive dedication and incompatible with any other employment or remunerated activity with public or private funds.

Under the protection of privacy, the requirements, accusations or complaints that are brought against the National Director and the Deputy National Director, by reason of the exercise of their offices shall be heard by the Supreme Court of Justice through the procedure prescribed in Articles 414 to 418 of the Criminal Procedure Code. TITLE V OF THE ASSETS OF THE NATIONAL DIRECTORATE OF INVESTIGATION AND INTELLIGENCE UNIQUE CHAPTER COMPOSITION, CLASSIFICATION OF EXPENSES AND RENDERING OF ACCOUNTS

The assets of the National Directorate of Investigation and Intelligence shall be composed of the budgetary allocations assigned in the General Budget of Income and Expenses that the State transfers to it; movable and immovable property that is ceded to it by the State in legal and proper form; those that it receives as donations or by virtue of national and international technical cooperation agreements and the obligations that are contracted and others that are established by Law.

The expenses incurred in the acquisition, contracting and execution of goods, services, works and human resources, which if done in a public manner would put national security at risk, the integrity of intelligence personnel or their sources of information, shall have the quality of confidential.

The National Directorate of Investigation and Intelligence shall be obligated to render accounts of its operations; however, operations financed with reserved funds shall be supported and replaced by a Certificate of Compliance with the legal regulations in force regarding fiscal auditing, which shall be sent to the Superior Court of Accounts (TSC). The accounting documents for reserved expenditures shall remain deposited and in custody of the Directorate of Investigation and Intelligence for a period of ten (10) years for purposes of a posteriori fiscal auditing.

Without prejudice to the provisions of the Law of Transparency and Access to Public Information, the activities, information, and documents of intelligence shall have the character of reserved, in view of the fact that their content is confidential or secret, being inherent elements of national security and defense.

Reserved information, obtained and handled by the National Intelligence System, whose public knowledge would violate the privacy of persons and national security, is exempt from the scrutiny of any organism or natural person.

The Program of Special Protection for Special Agents and other participants of the National Intelligence System is hereby created, which shall be under the charge of the National Directorate of Investigation and Intelligence and shall have as its purpose the protection and coverage of special agents and other participants who carry out intelligence activities and covert operations. A special regulation shall govern the protection program.

The authorization of special protection measures shall be the exclusive responsibility of the National Directorate of Investigation and Intelligence, by means of a motivated and substantiated administrative act.

The State, through its institutions, shall facilitate the necessary means to implement the Program of Special Protection.

The National Directorate of Investigation and Intelligence shall have a special regime in matters of labor and social protection.

A Statute shall establish the parameters of contracting, duties, rights, remuneration system, categories, disciplinary regime, medical-hospital and life insurance, and other aspects inherent to the labor regime, as well as the protection of family members, in accordance with the preceding Article.

Personnel who perform functions of advice, coordination, planning, supervision, and execution in the Directorate of Investigation and Intelligence shall be appointed by the National Director.

In matters of social protection, the members of the National Directorate of Investigation and Intelligence shall be subject to the Law of the Military Pension Institute, as established in the Special Risks Regime.

The Career of Investigation and Intelligence is the process of entry, permanence, initial and continuous formation, training, professionalization, specialization, and development of special agents and officials who comprise the National Directorate of Investigation and Intelligence.

The National Directorate of Investigation and Intelligence may recruit active members of the Armed Forces and the National Police, who by their specialty and experience are necessary for the fulfillment of its functions, who, following approval of the selection processes established for such purpose, shall become part of the structure of the Directorate on a permanent basis, retaining the rights acquired and rank according to the case.

The National Information Center is hereby created as a technical dependency of the National Directorate of Investigation and Intelligence, in which the different databases of the public entities that administer information of interest for national security and defense shall be integrated; for such purpose, the National Information Center shall acquire the technological platform that permits interconnection with public entities, who shall facilitate this process.

The Intelligence Services of the Armed Forces of Honduras, the National Police, and other Information Organisms and Institutions shall provide qualified personnel to the National Directorate of Investigation and Intelligence, until such time as the latter completes the selection, contracting, and training of specialized personnel required for the fulfillment of its functions.

Matters not provided for in this Law shall be governed in a supplementary manner by the legal provisions contained in the current applicable legal system.

The National Directorate of Investigation and Intelligence shall prepare and present to the National Council of Defense and Security the regulation of organization, functions, budget and investigation and intelligence procedures within a period not to exceed ninety (90) days, as of the effective date of this Law.

This Law shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the eighteenth day of the month of January of the year two thousand thirteen. MAURICIO OLIVA HERRERA PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch. Therefore: Let It Be Executed Tegucigalpa, M.D.C., April 9, 2013 PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF SECURITY. POMPEYO BONILLA REYES Legislative Branch DECREE No. 21-2013 The National Congress, WHEREAS: By Article 213 of the Constitution of the Republic, the Plenary submits for consideration the Agreement No. 24-DGTC, dated October 10, 2011, containing the Amendment to the Constitution of the International Organization for Migration IOM. WHEREAS: By Article 205, attribution 1) of the Constitution of the Republic, it falls to this National Congress to create, decree, interpret, reform and repeal laws. THEREFORE, IT DECREES:

To approve in all and each of its parts the Agreement No. 24-DGTC, dated October 10, 2011, sent by the Executive Branch through the Secretary of State in the Office of Foreign Affairs, containing the "AMENDMENTS TO THE CONSTITUTION OF THE INTERNATIONAL ORGANIZATION FOR MIGRATION (IOM)", and which literally states: "SECRETARY OF STATE IN THE OFFICE OF FOREIGN AFFAIRS. AGREEMENT No. 24-DGTC."