National Intelligence Law

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

The specialized State institutions for intelligence production are: The National Directorate of Investigation and Intelligence, the Armed Forces of Honduras, the National Police, the State Secretariat for Foreign Affairs, and the Financial Information Unit (UIF). These shall carry out activities within the scope of their respective competencies. It shall be the obligation of public institutions to provide information that is requested by the National Directorate of Investigation and Intelligence; likewise, private entities shall be required to cooperate by providing information as requested 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 created as a technical consultative body to contribute to the formulation and implementation of public policies regarding security, defense and intelligence. This Committee shall be integrated by the group of

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 public policies regarding defense and security established by the National Council of Defense and Security.

In fulfillment of its legal obligations, the National Directorate of Investigation and Intelligence shall operate as a decentralized entity of the National Council of Defense and Security and shall enjoy functional, administrative and budgetary independence; for which the State Secretariat for 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 headquarters of the National Directorate of Investigation and Intelligence shall be the city of Tegucigalpa, and shall establish offices in any place of the Republic.

The National Intelligence System is created, which shall be integrated by the group of determined activity, in accordance with the needs and rules established by the member organisms 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 the prompt, spontaneous and strict obedience to established legal norms that allow the development and fulfillment 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 organisms 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.

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) To develop activities of investigation and strategic intelligence for the purpose of:

• a)

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

• b)

  To counteract actions of terrorist groups that threaten the State;

• c)

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

• d)

  To counteract acts that gravely threaten governance, public administration and protect State institutions from the influence of organized crime;

• e)

  To 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)

  To protect public institutions from acts of penetration, infiltration, espionage, sabotage or other uncontrolled intelligence activities by criminal organizations and other agents that represent a threat. 2) To develop activities of investigation and intelligence in cooperation with other national intelligence organisms, as well as with other State entities; and, 3) To establish agreements of national and international cooperation on matters related to investigation and intelligence, taking into account the policies regarding security, defense and intelligence established by the National Council of Defense and Security; and, 4) To cooperate with other friendly foreign homologous agencies or institutions in conducting investigations and the exchange of information and intelligence within the framework of reciprocity.

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 structured. 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.

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 hold office for a period of five (5) years, and may be reelected by the National Council of Defense and Security.

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

Under the action of privacy protection, the requirements, accusations or complaints 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 through 418 of the Criminal Procedural Code.

The assets of the National Directorate of Investigation and Intelligence shall consist of the allocations assigned in the General Budget of Income and Expenditures that the State transfers to it; movable and immovable property that is ceded to it by the State in legal and proper form; property received by donation or by virtue of agreements for national and international technical cooperation and the obligations contracted and others established by Law.

The expenses incurred in the acquisition, contracting and execution of goods, services, works and human resources that, if carried out publicly, would put at risk national security, the integrity of intelligence personnel or their sources of information, shall have the character of reserved.

The National Direction of Investigation and Intelligence shall be obligated to render accounts of its operations; in the case of attachments, the adjustments financed with reserved funds shall be backed and replaced by a Certificate of Compliance with current legal provisions regarding fiscal oversight, which shall be sent to the Superior Court of Accounts (TSC). The accounting vouchers for reserved expenses shall remain deposited and in custody of the Direction of Investigation and Intelligence for a period of ten (10) years for purposes of subsequent fiscal oversight. TITLE VI CLASSIFICATION OF INFORMATION, ACTIVITIES AND INTELLIGENCE DOCUMENTS SOLE CHAPTER CLASSIFICATION AND PROHIBITIONS

Without prejudice to the provisions set forth in the Law of Transparency and Access to Public Information, the activities, information and documents of intelligence shall have the character of reserved, given that their content is confidential or secret, as they are elements inherent to national security and defense.

Reserved information obtained and handled by the National Intelligence System whose public disclosure would violate the privacy of persons and national security is exempt from the scrutiny of any organism or natural person. TITLE VII SPECIAL PROTECTION PROGRAM. SOLE CHAPTER PROTECTION MEASURES FOR SPECIAL AGENTS AND OTHER PARTICIPANTS IN INTELLIGENCE ACTIVITIES.

The Special Protection Program for Special Agents and other participants of the National Intelligence System is hereby created, which shall be under the direction of the National Direction of Investigation and Intelligence and shall have the purpose of protecting and providing coverage for 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 Direction of Investigation and Intelligence through a motivated and substantiated administrative act.

The State through its institutions shall facilitate the necessary means to implement the Special Protection Program. TITLE VIII OF LABOR RELATIONS AND SOCIAL PROTECTION. SOLE CHAPTER ADMINISTRATIVE CAREER, LABOR STATUS AND SOCIAL PROTECTION.

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

A Statute shall establish the margins of contracting, duties, rights, remuneration system, categories, disciplinary regime, hospital and life medical 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 advisory, coordination, planning, supervision and execution functions in the Direction of Investigation and Intelligence shall be appointed by the National Director.

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

The Career of Investigation and Intelligence is a process of admission, permanence, initial and continuing training, professional development, specialization and advancement of special agents and officials who make up the National Direction of Investigation and Intelligence.

The National Direction of Investigation and Intelligence may recruit members of the Armed Forces and the National Police who by their specialty and experience are necessary for the fulfillment of its functions, who after approval of the selection processes established for this purpose shall become part of the structure of the Direction on a permanent basis, retaining acquired rights and rank according to the case. TITLE IX OF THE NATIONAL INFORMATION CENTER SOLE CHAPTER CREATION, INTEGRATION AND ADMINISTRATION

The National Information Center is hereby created as a technical dependency of the National Direction of Investigation and Intelligence, into which shall be integrated the different databases of the public entities that administer information of interest to national security and defense; for this purpose the National Information Center shall acquire the technological platform that allows interconnection with public entities, who shall facilitate this process. TITLE X TRANSITORY PROVISIONS CHAPTER I UTILIZATION OF PERSONNEL FROM OTHER MEMBERS OF THE SYSTEM

The Intelligence Services of the Armed Forces of Honduras, National Police, and other Information Organisms and Institutions shall provide qualified personnel to the National Direction of Investigation and Intelligence until it 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 supplementarily by the legal provisions contained in the current applicable legal order. CHAPTER II ELABORATION OF REGULATION

The National Directorate of Investigation and Intelligence shall prepare and present to the National Defense and Security Council the regulations concerning organization, functions, budget, and investigation and intelligence procedures within a period not exceeding ninety (90) days, from the effective date of this Law. TITLE XI EFFECTIVE DATE

This Law shall become effective as of the day of its publication in the Official Newspaper "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the sixteenth day of the month of January of the year two thousand thirteen. MAURICIO OLIVA HERRERA PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LOPEZ CALDERON SECRETARY To the Executive Power. 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 Power DECREE No. 21-2013 The National Congress, CONSIDERING: That through Article 213 of the Constitution of the Republic the Agreement No. 24-DGTC, dated October 10, 2011, is submitted to the consideration of the Plenary, containing the Amendment to the Constitution of the International Organization for Migration IOM. CONSIDERING: That through Article 205 attribution 1) of the Constitution of the Republic, it corresponds to this National Congress, to create, decree, interpret, reform and repeal laws. THEREFORE, IT DECREES: