On Counter-Intelligence Activities

 

LAW OF GEORGIA

ON COUNTER-INTELLIGENCE ACTIVITIES

 

Chapter I - General Provisions

 

Article 1 - Concept of counter-intelligence activities

Counter-intelligence activities are special kinds of activities in the field of state security, the objectives of which are to detect and prevent threats directed against the state interests of Georgia and arising from the intelligence and/or terrorist activities of special services and organisations, groups of people and individuals of foreign states.

Article 2 - Definition of terms used in this Law

The terms used herein have the following meanings for the purposes of this Law:

a) counter-intelligence activities - a system of special non-law enforcement (operational, operational and technical) measures implemented by the special services of Georgia, which are aimed at detecting and preventing the intelligence and/or terrorist activities of special services, organisations, groups of people and individuals of foreign states;

b) operational activities - part of counter-intelligence activities, which includes special measures carried out in overt or covert forms and through overt and covert methods aimed at obtaining information about the intelligence and/or terrorist activities of special services, organisations, groups of people and individuals of foreign states;

c) operational and technical activities - part of counter-intelligence activities, which includes special measures carried out using special technical means in overt or covert forms and through overt and covert methods aimed at obtaining information about the intelligence and/or terrorist activities of special services, organisations, groups of people and individuals of foreign states;

d) operational information - data obtained as a result of operational and/or operational and technical activities;

e) counter-intelligence information - data that reflect the intelligence and/or terrorist activities of special services, organisations, groups of people and individuals of foreign states and circumstances associated with these activities;

f) special services - special Georgian authorities which, within their competence, carry out intelligence and/or counter-intelligence (operational, operational and technical, and other) activities in order to ensure state security;

g) special services of foreign states – the special authorities of foreign states which carry out intelligence activities against the state interests of Georgia;

h) intelligence activities of special services of foreign states - the activities of the special services, organisations, groups of people and individuals of foreign states, directed against the state interests of Georgia, the objectives of which are to:

h.a) obtain intelligence information;

h.b) influence the Georgian authorities and their policies in accordance with the interests of their countries;

i) operative records - operative records managed by special services for studying and documenting the intelligence and/or terrorist activities of natural and/or legal persons and related activities and circumstances, where operational materials obtained in their regard are systematised and concentrated;

j) Georgian person:

j.a) a citizen of Georgia;

j.b) a legal entity, which is established by citizens of Georgia and registered in accordance with the legislation of Georgia;

k) representation office of a foreign state - any legal entity, other than that provided for in sub-paragraph (j.b) of this article;

l) representative of a foreign state - any natural person who is not a citizen of Georgia;

m) electronic surveillance – the measures provided for by Article 9 (3) of this Law;

n) arranged electronic surveillance - electronic surveillance carried out with the written consent of one of the parties participating in telephone or another type of electronic communication;

o) the state body, the legal entity under public law called Operative - Technical Agency of Georgia (‘the authorized body’) with the relevant authority to carry out electronic surveillance and the operative-technical measures provided for by Article 9 (2) (e) of this Law;

p) object of electronic surveillance - a person against whom electronic surveillance measures are carried out;

q) technical identifier of the electronic surveillance object - identification data or username of the communication equipment used by the electronic surveillance object;

r) electronic communication identification data - the data provided for by Article 2 (z⁶⁹) of the Law of Georgia on Electronic Communications;

s) special service - structural subdivisions of the ministries / services defined by the ordinance of the Government of Georgia with the relevant authority determined by the same ordinance;

t) supervising judge - a judge of the Supreme Court of Georgia determined by the chairperson of the Supreme Court of Georgia, who issues an order on the implementation of an operative-technical measure provided for by this Law, as well as an order on the implementation of an electronic surveillance measure, and controls, under procedures provided for by this Law and within the scope of this Law, the following:

t.a) the taking of the measures provided for by Article 9 (3) (a) of this Law by the electronic control system and the special electronic control system;

t.b) activities carried out in the Central Bank of Electronic Communication Identification Data on the basis of Article 14⁷ of this Law by the electronic system of control of the Central Bank of Electronic Communication Identification Data;

u) electronic control system – the electronic control system provided for by Article 2 (i) of the Law of Georgia on the Legal Entity under Public Law Called the Operative-Technical Agency of Georgia;

v) special electronic control system - the system provided for by Article 2 (j) of the Law of Georgia on the Legal Entity under Public Law Called the Operative-Technical Agency of Georgia;

w) electronic system for the control of the Central Bank of Electronic Communication Identification Data – the system provided for by Article 2 (k) of the Law of Georgia on the Legal Entity under Public Law Called the Operative-Technical Agency of Georgia;

x) the Central Bank of Electronic Communication Identification Data (‘the Central Bank of the Data’) – the Central Bank of the Data determined by Article 11 of the Law of Georgia on the Legal Entity under Public Law Called the Operative-Technical Agency of Georgia;

y) information obtained as a result of an electronic surveillance measure - information obtained as a result of an electronic surveillance measure and processed in accordance with Article 14² (2) of this Law, which has value for the purposes of counterintelligence activities.

Law of Georgia No 477 of 22 March 2017 – website, 27.3.2017

Article 3 - Objectives of counter-intelligence activities

The main objective of counter-intelligence activities is to ensure state security by:

a) obtaining, analytically processing and using information about the intelligence and/or terrorist activities of special services, organisations, groups of people and individuals of foreign states;

b) detecting and preventing the specific intelligence and/or terrorist activities of special services, organisations, groups of people and individuals of foreign states, and circumstances associated with the implementation of those activities.

Article 4 - Legal grounds for counter-intelligence activities

The legal grounds for counter-intelligence activities are the Constitution of Georgia, the international treaties and agreements of Georgia, this Law, and other normative acts of Georgia.

Article 5 - Principles of carrying out counter-intelligence activities

1. The principles of carrying out counter-intelligence activities are:

a) legality;

b) strict protection of human rights and freedoms and the rights of legal persons, and respect for human dignity;

c) compliance with the rules of secrecy;

d) centralisation and unity of the management of counter-intelligence activities.

2. Counter-intelligence activities may be carried out only for the purpose of obtaining information related to the intelligence and terrorist activities of special services, organisations, groups and individuals of foreign states, and they shall not serve as grounds for criminal prosecution, except as provided for by the legislation of Georgia.

3. (Deleted – 22.3.2017, No 477).

Law of Georgia No 477 of 22 March 2017 – website, 27.3.2017

Article 6 - Counter-intelligence activities and publicity

1. Counter-intelligence activities shall be secret. Documents, materials and other data reflecting these activities constitute a state secret.

2. Documents, materials and other data obtained as a result of operational, and operational and technical measures in the course of counter-intelligence activities, may not be used for law enforcement purposes, except as provided for by the legislation of Georgia.

3. The procedure and conditions for classifying documents, materials and other data or their parts related to counter-intelligence activities, shall be determined in accordance with the Law of Georgia on State Secrets.

Chapter II - System and Organisation of Counter-intelligence Activities

Article 7 - Special services carrying out counter-intelligence activities

1. Counter-intelligence activities shall be carried out by special services within the competences granted under the legislation of Georgia.

2. The organisation of unified counter-intelligence activities in the country and the coordination of special services shall be assigned to a special service called the Counter Intelligence Department of the State Security Service of Georgia.

3. Special services, as well as other state authorities, shall be required to submit any data associated with the interests of ensuring state security to a special coordinating service referred to in paragraph 2 of this Article.

4. The Government of Georgia shall determine:

a) the procedure for organising unified counter-intelligence activities and coordinating the activities of special services in the country;

b) the procedure for exchanging information between special services, as well as between other state authorities, carrying out counter-intelligence activities in the interests of state security, and for maintaining information banks, by which a complete list of data provided for by paragraph 3 of this article and the rules for their submission shall also be determined.

Law of Georgia No 1158 of 20 September 2013 - website, 8.10.2013

Law of Georgia No 3935 of 8 July 2015 - website, 15.7.2015

Article 8 - Powers of special services

1. The powers of special services shall be defined by this Law and other normative acts.

2. Special services shall:

a) within their competences, carry out all necessary activities permitted by the legislation of Georgia to fulfil the tasks of counter-intelligence activities;

b) strictly protect human rights and freedoms and the rights of legal persons, and respect human dignity;

c) adhere to the rules of secrecy in carrying out counter-intelligence activities.

3. Special services have the right to:

a) carry out activities provided for by this Law in overt and/or covert forms;

b) establish relationships with citizens on a gratuitous or a non-gratuitous basis, who voluntarily agree to assist special services on a confidential basis;

c) establish and use information systems to ensure the fulfilment of the tasks of counter-intelligence activities;

d) during the implementation of special measures of counter-intelligence activities, use the office buildings and property of enterprises, institutions, organisations and military bases, as well as residential and non-residential premises, vehicles and other property of private persons, on the basis of a contract or verbal agreement;

e) use documents for the purposes of secrecy, which conceal the identity of officials of special services, and the ownership of premises and vehicles of units and organisations, as well as the identity of citizens cooperating with these services on a confidential basis.

Article 9 - Special measures of counter-intelligence activities

1. The special measures of counter-intelligence activities are:

a) operational measures - part of operational activities. These measures are implemented in overt or covert forms and through overt and covert methods and are aimed at obtaining information about the intelligence and/or terrorist activities of special services, organisations, groups of people and individuals of foreign states. The types of operational measures shall be determined by the legal acts of special services;

b) operational and technical measures - part of operational and technical activities. These measures are implemented using technical means to obtain information about the intelligence and/or terrorist activities of special services, organisations, groups of people and individuals of foreign states.

2. Operational and technical measures are:

a) covert video and audio recording;

b) covert filming and photography;

c) use of television cameras and other types of electronic equipment;

d) electronic surveillance;

e) control of correspondence;

f) strategic monitoring measure;

g) individual monitoring measure.

3. The types of electronic surveillance shall be:

a) tapping and recording;

b) removing and fixing information from the communication channel (by connecting the means of communication, computer networks, line communications and station equipment), from the computer system (both directly and remotely) and for this purpose the installation of appropriate software in the computer system;

c) determining the geo-location in real time.

Law of Georgia No 477 of 22 March 2017 – website, 27.3.2017

Article 10 - Grounds for implementing special measures of counter-intelligence activities

The grounds for implementing the special measures of counter-intelligence activities shall be:

a) data on facts and phenomena (or their signs) that pose or may pose a threat to the state security of Georgia;

b) data on representatives or representation offices of foreign countries, which are related to intelligence and/or terrorist activities and to the preparation or implementation of acts directed against the interests of the state security of Georgia, or the grounds for such assumption;

c) data on Georgian persons, indicating their relation to the intelligence and/or terrorist activities of special services of foreign states.

Chapter III - Procedures for the Implementation of Special Measures of Counter-intelligence Activities

Article 11 - General procedure for the implementation of counter-intelligence activities

1. In cases permitted by the legislation of Georgia, special measures of counter-intelligence activities may be implemented in the territory of Georgia against individuals, irrespective of their citizenship, nationality, gender, occupational status, place of residence, membership in social associations, religious beliefs and political views.

2. Operational and technical measures are implemented within counter-intelligence activities and, generally, do not require a judicial order to be issued, except for measures provided for by Article 9(2)(d) and (e) of this Law, which may be implemented only with a judicial order.

Article 12 - Electronic surveillance

1. The representative of the head of special service shall file a petition with the Supreme Court of Georgia for carrying out electronic surveillance.

2. A petition for authorising electronic surveillance shall include:

a) reasoned grounds for electronic surveillance in accordance with Article 10 of this Law;

b) the grounds that electronic surveillance is necessary to protect national security in a democratic society and that it is a proportionate means to achieve this goal;

c) the grounds that counter intelligence information cannot be obtained without the electronic surveillance;

d) the specification of the type of requested electronic surveillance measure;

e) detailed information on the object(s) of the electronic surveillance (it shall not be obligatory in the case of measures provided for by Article 9 (3)(b) of this Law if the goal of such measures is to identify the object(s));

f) detailed information on the technical identifier (s) of the object(s) of the electronic surveillance, the control of which shall be carried out within the scope of measures of the electronic surveillance.

Law of Georgia No 484 of 1 November 2008 - LHG I, No 30, 7.11.2008, Art. 441

Law of Georgia No 477 of 22 March 2017 – website, 27.3.2017

Article 13 - Judicial order

1. A judge of duly authorised by the Supreme Court of Georgia shall have the right to issue orders authorising electronic surveillance if there are objective grounds and if the requirements of Articles 10 and 12 of this Law are met.

2. A judge shall review petitions for authorising electronic surveillance at closed hearings not later than 24 hours after they are received, with the participation of an authorised representative of the head of the special service. A judge shall make one of the following decisions, which shall be final and may not be appealed:

a) issue an order on taking measures of electronic surveillance;

b) make a decision on dismissing the petition.

3. A judge may require the submission of information necessary to resolve the issue.

4. By an order issued in accordance with this article, electronic surveillance shall be allowed for the period necessary to achieve its objectives, but not for a period longer than 90 days.

5. The period referred to in paragraph 4 of this article may be extended on the basis of a reasoned petition in accordance with the procedure and on the grounds determined in the initial order, but not for longer than a period of 12 months for each petition for extension.

6. A supervising judge issuing an order on taking measures of electronic surveillance shall control, under procedures provided for by this Law, the process of the enforcement of the said measures.

7. The regime of secrecy shall apply to documents related to the issuance of authorisation for electronic surveillance (petitions, orders, etc.)

8. The order of the supervising judge shall contain the relevant details (order number; date and place of compilation; name and surname of the judge, signature (including electronic); classified stamp; seal). The operative part of the order of the supervising judge shall indicate:

a) the person who petitioned the judge;

b) order on taking electronic surveillance measures;

c) the type of electronic surveillance;

d) data on the object(s) of electronic surveillance (not mandatory in the case provided for by Article 9 (3) (b) of this Law, if the purpose of the measure is to identify the said object(s);

e) clearly identifiable data on the technical identifier(s) of the object(s) of electronic surveillance communication equipment, the control of which shall be carried out within the scope of the electronic surveillance measure;

f) the date and time of the start and end of the measure;

g) if necessary, the place of implementation of the said order;

h) the competent authority which shall execute the said order;

i) the name of the special service which shall be introduced to and submitted the information obtained;

j) if necessary, to whom the electronic surveillance measure shall apply;

k) other data necessary for the taking of the measure.

9. The order of the supervising judge shall be made in three copies, one of which shall remain in the Supreme Court of Georgia, and two of them shall be handed over to the authorised representative of the head of the special service (one copy of which shall be submitted to the authorised body).

Law of Georgia No 477 of 22 March 2017 – website, 27.3.2017

Article 14 - Right to carry out electronic surveillance without a judicial order

1. In case of urgent need, when the delay may result in the destruction of important factual data necessary for counterintelligence purposes or make it impossible to obtain such data, the head of the Special Service shall have the right to decide on initiating an electronic surveillance measure without a judicial order. In such case, the authorised representative of the head of the special service shall immediately notify the court and, within 24 hours of the start of the electronic surveillance measure, apply to the court with the relevant petition. The petition shall specify the data provided for by Article 12 (2) of this Law and the circumstances which led to the urgent initiation of the electronic surveillance measures.

2. The supervising judge shall review the petition referred to in paragraph 1 of this article in accordance with the procedure established by Article 13 (2) of this Law. If he/she does not issue an order authorising an electronic surveillance measure, the electronic surveillance measure shall be stopped immediately, and the information received / obtained as a result of the electronic surveillance measure shall be destroyed.

3. In the case of urgent need, the authorised body shall hand over the information received as a result of the electronic surveillance measure to the authorised representative of the special service in electronic or material form only on the basis of the order of the supervising judge. In order to make a decision referred to in paragraph 2 of this article, the supervising judge shall have the right to request in writing from the authorised body the information received / obtained as a result of the electronic surveillance measure at the time of the request in the form of an electronic copy. After reviewing the information, the supervising judge shall ensure its destruction in accordance with the established procedure.

4. Based on the decision provided for by Article 13 (2) (b) of this Law, the authorised body shall destroy the information received as a result of the electronic surveillance measure carried out in accordance with paragraph 1 of this article in accordance with Article 14³ of this Law, which shall be reflected in the protocol on the taking of the electronic surveillance measure.

5. The competent authority shall immediately provide the electronic copy of the decision of the head of the special service provided for by paragraph 1 of this article to the supervising judge through the electronic control system.

Law of Georgia No 477 of 22 March 2017 – website, 27.3.2017

Article 14¹ – Taking of an electronic surveillance measure

1. The order of the supervising judge or the decision of the head of the special service made in accordance with Article 14 (1) of this Law shall be submitted to the authorised body in accordance with the established procedure. The authorised body shall ensure the taking of the electronic surveillance measure in accordance with the rules established by the legislation of Georgia.

2. The electronic surveillance measure shall be carried out within the time limit established by the order of the supervising judge and shall be terminated upon its expiration.

3. The authorised body shall record the following data related to the taking of the electronic surveillance measure: the type of electronic surveillance measure, the start and end time of the electronic surveillance measure, the object of the electronic surveillance measure, the technical identifier of the electronic surveillance measure, the details of the order of the supervising judge or the decision of the head of the special service.

Law of Georgia No 477 of 22 March 2017 – website, 27.3.2017

Article 14² – Familiarising with and processing the information obtained as a result of the electronic surveillance measure

1. The information obtained as a result of the electronic surveillance measure shall be familiarised with and processed in specially designated, restricted access areas by the authorised body, which shall meet the safety requirements. The rules, procedure and conditions for entering such areas and for gaining access to the monitoring system of the authorised body shall be determined by a normative act of the authorised body.

2. The information obtained as a result of the electronic surveillance measure shall be sorted in such a way as to ensure that the information that is valuable for the purposes of the counterintelligence activity is separated and stored from the information that has no value for those purposes. Information that is not valuable for the purposes of counterintelligence activities shall be destroyed by the authorised body during the taking of the electronic surveillance measure, at the established intervals. The rules, procedure of sorting information obtained as a result of the electronic surveillance measure and complex of technical and organisational measures shall be determined by a normative act of the authorised body.

3. The authorised body and the special service shall be responsible for the proper protection of the information received / obtained as a result of the electronic surveillance measure.

Law of Georgia No 477 of 22 March 2017 – website, 27.3.2017

Article 14³ – Storage, issuance and destruction of information received / obtained as a result of electronic surveillance measures by the authorised body

1. The authorised body shall keep the information obtained as a result of the electronic surveillance measure carried out on the basis of the order of the supervising judge within 10 days after the completion or termination of the electronic surveillance measure. The special service is obliged to ensure the withdrawal of the obtained information from the authorised body within the mentioned period. After the expiration of this period, the authorised body shall destroy the information obtained as a result of the electronic surveillance measure, which shall be noted in the protocol for the taking of the electronic surveillance measure.

2. In the case of urgent need, the authorised body shall keep the information obtained as a result of the electronic surveillance measure started without the order of the supervising judge within 10 days after the completion or termination of the electronic surveillance. If the order of the supervising judge, which authorises the taking of the electronic surveillance measure, is not submitted to the authorised body within this period, the information obtained as a result of the electronic surveillance measure shall be destroyed, which shall be noted in the protocol for the taking of the electronic surveillance measure.

3. The authorised body shall also ensure the destruction of the following information received / obtained as a result of the electronic surveillance measure and the reflection of the information on its destruction in the protocol for the taking of the electronic surveillance measure in the following cases:

a) based on the decision of the supervising judge on the refusal to grant the petition on conducting an electronic surveillance measure in the case of emergency surveillance measures taken in case of urgent necessity;

b) in the case provided for by Article 14² (2) of this Law, the information obtained as a result of the electronic surveillance measure - if such information has no value for the purposes of counterintelligence activities;

c) based on the information received / obtained as a result of the electronic surveillance measure terminated on the grounds provided for by Article 14⁴ (1) (b) of this Law - based on the order of the supervising judge or the written request of the head of the special service.

4. The information obtained as a result of the electronic surveillance measure shall be handed over to the authorised representative of the special service. After the transfer of the obtained electronic copy of the information to the authorised representative of the special service, the authorised body shall ensure the destruction of the electronic copy of the submitted information, which shall be noted in the protocol for the taking of the electronic surveillance measure.

5. The procedure for storing, issuing and destroying information received / obtained as a result of an electronic surveillance measure shall be determined by a normative act of the authorised body.

Law of Georgia No 477 of 22 March 2017 – website, 27.3.2017

Article 14⁴ – Termination and suspension of the electronic surveillance measure

1. The electronic surveillance measure shall be terminated if:

a) the specific task provided by the order of the supervising judge on the electronic surveillance measure has been completed;

b) the circumstances have been established which confirm that it is objectively impossible to perform a specific task provided by the order of the supervising judge on an electronic surveillance measure or that the taking of an electronic surveillance measure is no longer essential for obtaining counterintelligence information;

c) the period for carrying out electronic surveillance measures has passed.

2. In the case of existence of grounds provided for by sub-paragraph (a) of paragraph 1 of this article, the decision on early termination of the electronic surveillance measure shall be taken by the head of the special service.

3. In the case of existence of grounds provided for by sub-paragraph (b) of paragraph 1 of this Article, the decision on early termination of the electronic surveillance measure shall be taken by the head of the special service or the supervising judge. The decision of the head of the special service on the early termination of the electronic surveillance measure or the order of the supervising judge shall also indicate the destruction or storage of information received / obtained as a result of the electronic surveillance measure.

4. An electronic surveillance measure may be suspended by a supervising judge through an electronic control system if:

a) there is no order of the supervising judge to conduct an electronic surveillance measure;

b) an electronic copy of the decision of the head of the special service on the taking of an electronic surveillance measure in the case of urgent need is not submitted through the electronic control system.

5. The authorised body shall draw up a protocol after the completion or termination of the electronic surveillance measure. The protocol shall state the legal basis for the taking of the electronic surveillance measure, the time of the start and end of the measure, the object(s) of electronic surveillance and the technical identifier(s) of the said object(s), the relevant type of electronic surveillance measure and the technical means used during the conduct of electronic surveillance, the place of the conduct of electronic surveillance, the data as a result of the conduct of electronic surveillance and information on the destruction of information obtained as a result of electronic surveillance measures.

6. In the process of an electronic surveillance measure, if necessary, an interim protocol for the taking of the electronic surveillance measure may be issued.

7. A copy of the electronic surveillance protocol shall remain with the authorised body, and two copies shall be handed over to the authorised representative of the special service, which shall ensure that one copy is submitted to the supervising judge in accordance with Article 14⁵ (2) of this Law.

Law of Georgia No 477 of 22 March 2017 – website, 27.3.2017

Article 14⁵ – Control of an electronic surveillance measure by a supervising judge

1. The supervising judge shall have the right to request the special service to provide information on the progress of the electronic surveillance measure and the information obtained as a result of the electronic surveillance measure. The supervising judge shall review the received information in a closed court hearing with the participation of the authorised representative of the head of the special service. Based on the received information, the supervising judge shall have the right to issue an order to terminate the electronic surveillance measure, if he / she considers that there are grounds provided for by Article 14⁴ (1) (b) of this Law.

2. After the completion of the electronic surveillance measure, the supervising judge shall be provided with a report on the information obtained as a result of the electronic surveillance measure and a copy of the relevant protocol drawn up by the authorised body.

Law of Georgia No 477 of 22 March 2017 – website, 27.3.2017

Article 14⁶ – Carrying out control by a supervising judge

1. The supervising judge shall control the taking of the measures provided for by Article 9 (3)(a) of this Law:

a) through electronic control system, by checking the legal basis for the taking of the electronic surveillance measure;

b) through a special electronic control system, by comparing the logging data of initiated/executed orders with the legal basis.

2. Based on Article 14⁷ of this Law, the supervising judge shall control the actions carried out in the central bank of the data through the electronic control system of the central bank of the data, by examining the legal basis for the procession of such data.

3. When exercising the control provided for by paragraph 1 of this article, the supervising judge shall also be entitled to be introduced to the activities provided by the electronic control system and the special electronic control system, relevant legal documents and logging data, which are carried out pursuant to Article 143³ of the Criminal Procedure Code of Georgia.

4. When exercising the control provided for by paragraph 2 of this article, the supervising judge shall be authorised to review the actions provided by the electronic control system of the central bank of the data, relevant legal documents and logging data which are carried out pursuant to Article 136 of the Criminal Procedure Code of Georgia and Article 7 (3) (a) of the Law of Georgia on Operative Investigatory Activities.

5. The supervising judge shall have the right to request written explanations from the authorised body regarding certain issues identified in the control process and to make a decision on initiating relevant legal procedures on the basis of such explanations.

6. The supervising judge shall control the stationary technical capacity of determining the real-time geo-location with a special electronic control system. During the exercise of such control, the supervising judge shall be also authorised to be familiarised with the activities provided by the special electronic control system, relevant legal documents and logging data, which are carried out on the basis of Article 143³ of the Criminal Procedure Code of Georgia.

7. If the supervising judge fails to exercise the powers conferred by this Law, the powers of the supervising judge shall be exercised by another judge of the Supreme Court of Georgia designated by the Chairperson of the Supreme Court of Georgia.

Law of Georgia No 477 of 22 March 2017 – website, 27.3.2017

Article 14⁷ – Requesting information from the authorised body

1. The authorised representative of the head of the special service shall have the right to apply to the Supreme Court of Georgia with a petition to request electronic communication identification data from the authorised body. The supervising judge shall consider the petition in accordance with the procedure established by Article 13 (2) of this Law and shall issue one of the following decisions, which shall be final and may not be appealed:

a) issue an order to request information from the authorised body;

b) make a decision to refuse to grant the petition.

2. The order of the judge referred to in subparagraph (a) of paragraph 1 of this article shall contain the relevant detailes (order number; date and place of compilation; name and surname of the judge, signature (including electronic); classified stamp, seal) The operative part of the judge's order shall specify:

a) the person applying to the judge with a petition;

b) the order on requesting information from the authorised body;

c) detailed data on the communication equipment through which the identifying data to be requested have been obtained;

d) name the special service to which the requested information should be provided;

e) the authorised body that shall carry out the sadid order;

f) other data required to request information.

3. The order of the judge referred to in paragraph 1 of this article shall be made in three copies, one of which shall remain with the Supreme Court of Georgia, and two copies shall be submitted to the authorised representative of the head of the special service (one copy shall be submitted to the authorised body).

Law of Georgia No 477 of 22 March 2017 – website, 27.3.2017

Article 14⁸ – Requesting information from the authorised body

1. The information obtained as a result of the measures provided for by Article 9 (2) (except for subparagraphs (f) and (g)) of this Law may be transferred by the decision of the head of the special service to the authorised investigative body.

2. The Head of the special service shall take a decision referred to in paragraph 1 of this article if:

a) the purpose of submitting the information obtained as a result of the electronic surveillance measure to the authorised investigative body is to investigate the crime under Article 143³(2)(a) of the Criminal Procedure Code of Georgia or to initiate an investigation into the crime;

b) the transfer of information obtained as a result of electronic surveillance is due to urgent public needs, it is necessary to achieve a legitimate goal in a democratic society - to ensure national security or public safety, to prevent disorder or crime, to protect the interests of the country's economic well-being or the rights and freedoms of others, and if it is a proportional means for achieving such goal;

c) the information to be transferred is essential for the investigation or the initiation of investigation and cannot be obtained by any other means or requires much unreasonable effort.

3. The information provided for by paragraph 1 of this article may be used as evidence for the purposes of the Criminal Procedure Code of Georgia if it meets the requirements of Article 78 of the same Code.

Law of Georgia No 477 of 22 March 2017 – website, 27.3.2017

Article 14⁹ – Destruction of information obtained as a result of electronic surveillance

1. The information obtained as a result of the electronic surveillance measure, which is no longer of value for the performance of the tasks provided for by Article 3 of this Law and shall not be transferred to the authorised investigative body, shall be destroyed by the authorised representative of the head of the special service with the attendance of the supervising judge. A protocol on the destruction of such information shall be drawn up and signed by the supervising judge and the authorised representative of the head of the special service. The protocol shall be submitted to the supervising judge.

2. The special service is obliged to periodically check the value of information obtained as a result of the electronic surveillance measure in order to fulfill the tasks provided for by Article 3 of this Law.

Law of Georgia No 477 of 22 March 2017 – website, 27.3.2017

Article 14¹⁰ – Notifying a person

1. The special service is obliged to notify the person in writing about the taking of the electronic surveillance measure, immediately after such message will no longer pose a threat to the purpose for which the electronic surveillance measure was carried out. Along with such information, the person shall be provided with an order by the supervising judge to conduct an electronic surveillance measure, data on the information obtained as a result of the electronic surveillance measure and information on its destruction, as well as material on the basis of which the supervising judge made the decision, and shall be explained the right to appeal the decision and to claim damages in accordance with the procedures provided for by the legislation of Georgia.

2. A person shall not be notified of the taking of an electronic surveillance measure if the such action is necessary to protect the national security and the interests of the democratic state or if the disclosure of information obtained as a result of an electronic surveillance measure or the methods used to carry out the said actions poses a threat to the performance by the special service of the tasks provided for by Article 3 of the Law.

Law of Georgia No 477 of 22 March 2017 – website, 27.3.2017

Article 15 - Arranged electronic surveillance

1. A special service may carry out electronic surveillance, aimed at obtaining counter-intelligence information, with the written consent of one of the parties to the electronic communications in question,.

2. The period of such surveillance shall not be longer than 90 days. This period shall be extended through the same procedure as in the case of obtaining initial authorisation from a judge.

Article 16 - Surveillance of correspondence

The head of a special service shall apply to a judge for an order to access correspondence, through the same procedure as in the case of electronic surveillance.

Article 17 - Use of television cameras and other types of electronic equipment

For the purposes of counter-intelligence activities, the heads of special services may authorise the use of television cameras and other types of electronic equipment in places of public gathering.

Article 18 - Covert participation

For the purposes of counter-intelligence activities, the heads of special services may authorise covert participation in the activities of organisations if:

a) there are reasonable grounds to assume that the organisation is participating in intelligence and/or terrorist activities directed against Georgia on behalf of or in the interests of a representation office of a foreign state;

b) covert participation is important for the effective control of the activities of this organisation.

Article 19 - Creation of clandestine organisations

For the purposes of counter-intelligence activities, the head of a special service may authorise the creation of a clandestine organisation within the limits of legislation.

Article 19¹ - Grounds for carrying out individual monitoring measures and strategic monitoring measures

The individual monitoring measures and the strategic monitoring measures shall be carried out on the basis of this Law and the Law of Georgia on the Legal Entity under Public Law called the Operative-technical Agency of Georgia.

Law of Georgia No 477 of 22 March 2017 – website, 27.3.2017

Chapter IV - Legal and Social Protection of Employees of Special Services and of Citizens Assisting these Services

Article 20 - Guarantees for legal and social protection of employees of special services

1. Employees of special services are covered by the guarantees of legal and social protection of the service in which they are serving.

2. No person, other than persons duly authorised by law, may interfere with the lawful actions of officials and special services carrying out counter-intelligence activities.

3. Officials of state institutions and military units shall, within their competences, assist special services in the implementation of special measures of counter- intelligence activities.

4. Complying with the legal requests of special services shall be mandatory for all natural and legal persons.

Article 21 - Assistance of special services by citizens

1. Individuals may be involved in the preparation or implementation of special measures of counter-intelligence activities with their consent. These persons shall keep confidential all information that becomes known to them during the preparation or implementation of these measures, and shall not knowingly present false information to special services, and shall not use this relationship for their personal interests.

2. Special services may enter into contracts only with capable persons of full age, irrespective of their citizenship, nationality, gender, social and occupational status, language, education, membership in public associations, political views and religious beliefs.

3. Special services may not contract members of the Parliament of Georgia, members of the Constitutional and the Supreme Courts of Georgia, the Public Defender of Georgia, judges, prosecutors, lawyers, investigators and other officials under Article 48 of the Constitution of Georgia for the use of their confidential assistance.

Law of Georgia No 3391 of 5 September 2018 – website, 24.9.2018

Article 22 - Guarantees for legal and social protection of citizens assisting special services

1. Persons assisting special services shall be protected by the State.

2. If persons assisting special services, their family members and relatives, face a real threat of illegal encroachments on their lives, health or property as a result of assisting special services, these services shall take necessary measures to prevent such threats.

3. Data concerning persons who cooperate or have cooperated with special services on a confidential basis shall constitute a state secret. Such data may be disclosed only with the written consent of these persons or their heirs, or in cases expressly provided for by law.

4. Persons who cooperate with special services shall be entitled to receive remuneration.

5. Persons who have agreed to cooperate with special services on the basis of a contract shall be provided with a guarantee by the State for the fulfilment of obligations under the contract.

6. If necessary, in order to ensure the safety of persons who cooperate with special services, as well as their family members and relatives, special protection measures shall be implemented in accordance with procedures established by the legislation of Georgia.

Article 23 - Financial support of counter-intelligence activities

For counter-intelligence activities, special services shall be allocated funds from the State Budget of Georgia, which shall be spent in accordance with procedures established by the legislation of Georgia.

Chapter V - Control of Counter-intelligence Activities

Article 24 - Parliamentary control

1. The Parliament of Georgia shall carry out parliamentary control over counterintelligence activities in the form and manner provided for by the Constitution of Georgia and the Rules of Procedure of the Parliament of Georgia.

2. Members of the Parliament of Georgia may receive information on counter-intelligence activities, which is protected by law, in accordance with procedures established by the legislation of Georgia.

Law of Georgia No 3896 of 6 December 2018 – website, 14.12.2018

Article 25 - Judicial control

In the process of counter-intelligence activities, operational and technical measures related to the restriction of the constitutional rights and freedoms of natural and legal persons, shall be implemented only with a court decision and in accordance with procedures established by legislation.

Article 26 - Governmental control

The head of a service coordinating counter-intelligence activities shall submit a report to the President of Georgia and the Prime Minister of Georgia at least once a year.

Law of Georgia No 1158 of 20 September 2013 - website, 8.10.2013

Article 27 - (Deleted)

Law of Georgia No 484 of 1 November 2008 - LHG I, No 30, 7.11.2008, Art. 441

Law of Georgia No 477 of 22 March 2017 – website, 27.3.2017

Article 28 - Budgetary control

The use and spending of funds allocated for the counter-intelligence activities of special services from the State Budget of Georgia and other material assets of the State shall be supervised by a special group of the State Audit Office of Georgia, the members of which shall have access to state secrets.

Law of Georgia No 6550 of 22 June 2012 - website, 29.6.2012

Article 29 - Transitional provisions

1. The Government of Georgia shall adopt the following ordinances before 1 January 2014:

a) on the procedure for organising unified counter-intelligence activities and for coordinating activities of special services in the country;

b) on the procedure for exchanging information between special services, as well as between other state authorities, and for carrying out counter-intelligence activities in the interests of state security, and for maintaining information banks.

2. Until the moment when the President of Georgia elected as a result of the upcoming presidential elections in October 2013 takes an oath, subordinate normative acts and/or their parts issued on the basis of this Law, which contravene this Law, shall lose their validity upon the entry into force of a respective normative act under paragraph 1 of this article.

Law of Georgia No 1158 of 20 September 2013 - website, 8.10.2013

Article 30 - Final provisions

This Law shall enter into force upon its promulgation.

 

President of Georgia                                          Mikheil Saakashvili

Tbilisi

11 November 2005

No2097-IIს