On Planning and Coordination of the National Security Policy

LAW OF GEORGIA

ON NATIONAL SECURITY POLICY PLANNING AND COORDINATION

Chapter 1 – General Provisions

Article 1 – Scope of the Law

This Law determines the areas of the national security policy, the process of planning and coordination of the policy and the authority of agencies that coordinate the policy planning process.

Article 2 – Concept of the national security policy

The national security policy is an activity carried out to ensure the state interests of Georgia, which implies activities to detect, identify, assess, evade and prevent threats, risks and challenges existing on the domestic level or abroad.

Article 3 – Areas of the national security policy

For the purposes of this Law the areas of the national security policy are as follows:

a) state defence

b) external security

c) internal security

d) social, economic and energy security

e) public safety

f) information security

g) legal order.

Law of Georgia No 4397 of 2 April 2019 – website, 8.4.2019

Article 4 – Values of national security policy

The national security policy is based on the following values:

a) sovereignty and territorial integrity

b) freedom

c) democracy and the rule of law

d) security

e) welfare

f) peace.

Article 5 – Principles of planning and coordination of the national security policy

Principles of planning and coordination of the national security policy are as follows:

a) lawfulness

b) strict abidance by, and respect of human rights and fundamental freedoms

c) a unified governmental approach

d) continuity

e) scheduling

f) publicity and civic engagement.

Chapter II – Areas of National Security Policy

Article 6 – State defence

The area of the state defence includes the following fields:

a) detection, identification, assessment and prediction of military threats;

b) ensuring the territorial integrity and sovereignty of the State by providing military forces in the case of armed attack;

c) development, training and operational readiness of military forces;

d) ensuring the compliance of infrastructure and communications of the country with the objectives of state defence ;

e) preparation of the economy of the country, central and local self-government bodies, enterprises, organisations and population for martial law, and implementation of mobilisation measures;

f) creation of material resources for the purposes of defence ;

g) development of the military education system, science and industry;

h) development of international cooperation in security and military technical areas.

Article 7 – External security

The area of external security includes the following fields:

a) detection, identification, assessment and prediction of external threats, risks and challenges;

b) implementation of the foreign policy of the State in compliance with the goals and objectives of national security ;

c) implementation of the policy of non-recognition and of de-occupation of the occupied territories of Georgia at the international level;

d) protection of the rights and lawful interests of the citizens of Georgia residing abroad;

e) protection of the interests of the Georgian diaspora and support of their activities;

f) implementation of intelligence and external counter-intelligence activities;

g) ensuring capacity building of the agencies involved in the provision of external security.

Article 8 – Internal security

The area of internal security includes the following fields:

a) detection, identification, assessment and prediction of internal threats, risks and challenges;

b) protection of the constitutional order and sovereignty and ensuring the territorial integrity of Georgia;

c) ensuring the restoration of the territorial integrity of the country and the return of internally displaced persons in a dignified manner;

d) neutralisation of intelligence and/or other activities carried out by foreign organisations, groups of persons or individuals against the state interests of Georgia;

e) combating extremist and terrorist ideology and activities;

f) ensuring the civil integration of ethnic and religious minorities residing on the territory of the country;

g) ensuring the protection of the state borders of Georgia;

h) management of migration and repatriation processes in accordance with internationally recognised norms;

i) ensuring the protection of information containing state secrets;

j) ensuring capacity building of the agencies involved in the provision of internal security.

Article 9 – Social and economic security

The area of social and economic security includes the following fields:

a) protection of the human rights and fundamental freedoms guaranteed by the Constitution of Georgia, in the process of planning and implementing the national security policy;

b) detection, identification, assessment and prediction of social, economic and energy threats, risks and challenges;

c) neutralisation of the economic and financial activities threatening the state interests of Georgia;

d) ensuring compliance of the regulatory norms related to strategically important facilities with the goals and objectives of the national security policy;

e) assessment of the aspects of security of strategically important economic projects and development of appropriate security mechanisms;

f) ensuring compliance of foreign economic relations with the goals and objectives of the national security policy;

g) ensuring demographic security;

h) ensuring compliance of the health and social protection policy with the goals and objectives of the national security policy;

i) ensuring food safety;

j) ensuring the protection from pandemic, epidemic, epizootic and other biological hazards.

Law of Georgia No 4397 of 2 April 2019 – website, 8.4.2019

Article 10 – Civil security

1. The area of public safety includes the fields provided for by the Law of Georgia on Public Safety.

2. For the purposes of this Law, the area of public safety also includes the following fields:

a) detection, identification, assessment and prediction of ecological threats, risks and challenges;

b) development of appropriate mechanisms to protect population and territory from emergency situations of natural and technogenic character;

c) mitigation of damage impacts caused by martial law, natural and man-made disasters, and other crisis circumstances threatening national interests, and ensuring sustainability of the country;

d) ensuring capacity building of the Emergency Response Forces and coordination of their activities.

Law of Georgia No 4397 of 2 April 2019 – website, 8.4.2019

Article 11 – Information security

The area of information security includes the following fields:

a) ensuring security of the information space of Georgia and detection, identification, assessment and prediction of the threats, risks and challenges related to it;

b) ensuring protection of critical information systems;

c) neutralisation of activities threatening the state interests of Georgia in cyberspace;

d) ensuring capacity building of the agencies involved in the provision of cyber-security;

e) development of institutional coordination and international cooperation in the provision of cyber-security;

f) ensuring security of e-governance systems;

g) raising public awareness of cyber-security matters, and formation and development of an appropriate education base;

h) ensuring physical, technical and software protection of the electronic means of processing information that contains state secrets.

Article 12 – Legal order

 The area of legal order includes the following fields:

a) consolidation of the rule of law;

b) development of appropriate mechanisms for improving the crime situation;

c) combatting transnational and organised crime;

d) ensuring capacity building of law enforcement agencies;

e) development of international cooperation in the areas of law enforcement and criminal law.

Article 13 – Other matters related to the national security policy

In addition to the fields determined by Articles 6-12 of this Law, the national security policy also includes other matters that are directly related to the above fields.

Chapter III – Procedures of Planning and Coordination of the National Security Policy

Article 14 – Organisation of planning and coordination of the national security policy

1. National security policy planning is implemented by means of national and agency level conceptual and organisational documents.

2. National security policy is planned and coordinated considering the fields determined by Chapter II of this Law.

Article 15 – National-level conceptual documents

1. The types of the national-level conceptual documents are as follows:

a) the National Security Concept of Georgia

b) the Threat Assessment Document of Georgia

c) national security strategies.

2. The National Security Concept of Georgia is a basic document that outlines national values and interests, defines the vision of the safe development of the country, determines the threats, risks and challenges that the country faces and identifies basic areas of the national security policy. All national and agency-level documents of national security policy planning shall comply with the National Security Concept of Georgia. The Government of Georgia shall develop the National Security Concept of Georgia and submit it to the Parliament of Georgia for approval. The National Security Concept of Georgia shall be approved by resolution of the Parliament of Georgia.

3. The Threat Assessment Document of Georgia determines military, foreign policy, domestic policy, transnational, social and economic, natural and technogenic threats and challenges that pose significant danger to the national security of the country. The document determined by this paragraph shall be prepared and approved by the Government of Georgia.

4. For the purposes of this Law a national strategy in the field of security is a document prepared by the State for achieving the set goals, which is prepared in particular areas and/or fields of the national security policy determined by Articles 6 through 13 of this Law, and which defines the problems existing in that areas and/or fields and suggests the ways of solving those problems. The national security strategy, except for the national defence strategy of Georgia, has a time-defined action plan that defines the time, means and agencies responsible for the performance of particular tasks. The national strategies in the field of security shall be determined by the Government of Georgia.

5. In order to achieve the goals and objectives defined in the action plan of the national security strategy, the state authorities and the state trustees are obliged to develop agency-level action plans in accordance with the procedures established by the legislation of Georgia. The agency-level action plans determine the mechanisms of fulfillment of the obligations imposed on the state authorities and the state trustees under the action plan of the national security strategy.

6. In order to achieve the goals and objectives defined in the action plan of the national security strategy in the field of security, municipalities shall prepare agency-level action plans in accordance with the procedures established by the legislation of Georgia within the authority delegated to them by the State. Preparation of agency-level action plans within the scope of authority carries a recommendatory character.

Law of Georgia No 2609 of 27 June 2018 – website, 6.7.2018

Law of Georgia No 3456 of 20 September 2018 – website, 9.10.2018

Law of Georgia No 3580 of 31 October 2018 – website, 21.11.2018

Law of Georgia No 4087 of 22 December 2018 – website, 28.12.2018

Law of Georgia No 4397 of 2 April 2019 – website, 8.4.2019

Law of Georgia No 6917 of 15 July 2020 – website, 28.7.2020

Article 16 – Agency-level documents

1. The agency-level national security policy is planned by means of conceptual and organisational documents prepared by the respective agencies.

2. The types of the agency-level conceptual documents are as follows:

a) an agency-level concept

b) an agency-level strategy

c) a doctrine

d) a programme.

3. The types of the agency-level organisational documents shall be determined by relevant legal acts of the state authorities, municipality bodies and state trustees of Georgia.

4. The sphere of regulation of conceptual documents and organisational documents in the field of state defence policy and the procedure for their adoption shall be defined by the Law of Georgia on Defense Planning.

Law of Georgia No 3456 of 20 September 2018 – website, 9.10.2018

Law of Georgia No 3580 of 31 October 2018 – website, 21.11.2018

Law of Georgia No 6917 of 15 July 2020 – website, 28.7.2020

Article 17 – Agency-level conceptual documents

1. The agency-level conceptual documents are prepared in order to achieve the goals and objectives determined by the national-level conceptual documents, and are approved by relevant legal acts of the state authorities, municipality bodies and state trustees of Georgia.

2. For the purposes of this Law:

a) an agency-level concept is a declaration of the vision of the relevant agency regarding the areas and/or fields determined by Articles 7-13 of this Law, and also a declaration of its values, methods, ideas, intentions and general principles that are applicable to appropriate conditions and requirements. The agency-level concept also includes the vision of the head of an appropriate agency for the goals, objectives, activities, functions and development of the agency;

b) the agency-level strategy is a document prepared by an appropriate agency, within its authority, for achieving the goals and objectives determined by national-level conceptual documents that gives a detailed description of the problems and the solutions thereof identified by the national-level conceptual documents in a particular area and/or field of the national security policy. The agency-level strategy has a time-defined action plan that defines the time, means and structural units responsible for the fulfillment of particular tasks;

c) the doctrine is a document prepared by an agency in accordance with the main principles of the areas and/or fields declared at the national level as provided for by Articles 7 through 13 of this Law; the document establishes the procedures for the efficient use of the agency's resources for performing particular task(s);

d) the programme determines special measures to be taken depending on the areas and/or fields specified by Articles 7 through 13 of this Law, and the mechanisms for the implementation of those measures. The programme does not identify the plans for the implementation of the above measures.

3. Municipality bodies shall prepare the agency-level conceptual documents in accordance with the procedures established by the legislation of Georgia, within the authority delegated to them by the State. Preparation of the agency-level conceptual documents within the scope of authority is recommendatory.

Law of Georgia No 3456 of 20 September 2018 – website, 9.10.2018

Law of Georgia No 3580 of 31 October 2018 – website, 21.11.2018

Law of Georgia No 6917 of 15 July 2020 – website, 28.7.2020

Article 18 – Agency-level organisational documents

1. The agency-level organisational documents are approved and/or adopted by relevant legal acts of the state authorities, municipality bodies and state trustees of Georgia that are issued and/or adopted to achieve the goals and objectives determined by the national and agency-level conceptual documents.

2. Municipality bodies shall prepare agency-level organisational documents in accordance with the procedures established by the legislation of Georgia, within the authority delegated to them by the State. Preparation of the agency-level organisational documents within the scope of authority is recommendatory.

Law of Georgia No 3456 of 20 September 2018 – website, 9.10.2018

Law of Georgia No 6917 of 15 July 2020 – website, 28.7.2020

Article 19 – Process of planning and coordination of the national security policy and the bodies coordinating the policy planning process

1. The process of planning and coordination of the national security policy is carried out in accordance with the unified governmental approach principle.

2. Standing or temporary interagency commissions and/or working groups are established to prepare national-level conceptual documents, the structure, authority and activities of which are determined by an appropriate ordinance of the Government of Georgia.

3. The process of planning the national security policy shall be coordinated by the National Security Council, and its powers shall be determined by Chapter III¹ of this Law.

4. Deleted (31.10.2018, N 3580).

5. Deleted (7.12.2017, N 1622).

Law of Georgia No 1622 of 7 December 2017 – website, 14.12.2017

Law of Georgia No 3580 of 31 October 2018 – website, 21.11.2018

Law of Georgia No 4397 of 2 April 2019 – website, 8.4.2019

Chapter III¹ – National Security Council

Law of Georgia No 4397 of 2 April 2019 – website, 8.4.2019

Article 19¹ – Status and purpose of the National Security Council

1. A National Security Council (‘the Council’) shall be hereby set up for providing information to the Prime Minister of Georgia on issues containing threat to the national security and public interests, and for preparing political decisions to be taken by the Prime Minister, as well as for planning and coordinating the national security policy on the strategic level. The Council shall be headed by the Prime Minister of Georgia.

2. The Council shall be a consultative body of the Prime Minister of Georgia, which is authorised to review the issues defined by this law in order to prepare high-level decisions.

3. The Council shall be under the direct subordination of the Prime Minister of Georgia.

4. The Council shall carry out its activities on the basis of the Constitution of Georgia, international treaties of Georgia, this Law and other legal acts of Georgia.

Law of Georgia No 4397 of 2 April 2019 – website, 8.4.2019

Article 19² – Powers of the Council

For the purpose of carrying out the goals and own powers under Article 19¹ (1) of this Law, the Council shall:

a) review and analyse domestic and foreign policy issues directly related to ensuring national security;

b) become familiar with and analyse information on circumstances in the field of national security, identify and assess threats, develop recommendations on the taking of measures necessary for preventing such threats;

c) review and analyse the current situation on the occupied territories of Georgia, assess the relevant threats, risks and challenges directly related to ensuring national security and safeguarding national interests of Georgia;

d) study and analyse the state of affairs in international conflict zones according to the state interests of Georgia, elaborate scenarios of possible developments and, where necessary, assess relevant threats, risks and challenges;

e) develops proposals to prevent and eliminate the effects of certain events that contain threat for Georgia in the areas of political, defence, social, economic and security policy;

f) as a result of the study of the situation in the international conflict zones, prepare proposals on the involvement of Georgia in cooperation in the field of international security and cooperation of Georgia with collective defense systems;

g) in line with international treaties of Georgia, develop recommendations on the participation of Georgia in security measures outside the country;

h) organise and coordinate the development of national level concept documents;

i) review within its competence draft laws related to national security and draft international treaties;

j) review matters related to the type, composition and quantity of defense forces;

k) review the matters related to the deployment, use and movement of military forces of another country in special cases and the cases provided for by law for ensuring the defence of the state;

l) review the matters related to the declaring of martial law in the case of armed attack on Georgia or in the event of the immediate threat thereof;

m) review the matters related to declaring a state of emergency throughout the whole territory of Georgia, or a part thereof during mass riots, encroaching the territorial integrity of the country, military coups, armed uprisings, terrorist acts, natural or man-made disasters or epidemics, or in other cases where public authorities are deprived of the normal exercise of their constitutional powers;

n) develop recommendations on strategic communication in the field of national security;

o) develop recommendations for the Prime Minister of Georgia to prepare appropriate solutions to control the crisis situation containing threat to national interests at the political level;

p) develop recommendations on international cooperation of Georgia in the field of national security;

q) under instruction of the Prime Minister of Georgia, review other matters within the competence of the Government of Georgia and the Prime Minister of Georgia in the field of national security and develop recommendations on such matters;

r) exercises other powers conferred by the legislation of Georgia.

Law of Georgia No 4397 of 2 April 2019 – website, 8.4.2019

Article 19³ – Composition of the Council

1. The Council shall have permanent and invited members.

2. The permanent members of the Council shall be: the Prime Minister of Georgia, the Minister of Defence of Georgia, the Minister of Internal Affairs of Georgia, the Minister of Foreign Affairs of Georgia, the Minister of Finance of Georgia, the Head of State Security Service of Georgia, the Head of Intelligence Service of Georgia and the Commander of Defence Forces of Georgia.

3. Based on the decision of the Prime Minister of Georgia, a person nominated and entrusted by the President of Georgia may be invited to the meeting of the Council for providing information to the President of Georgia within the constitutional powers.

4. Based on the decision of the Prime Minister of Georgia, other persons who are not permanent members of the Council may be invited to the meeting of the Council where necessary.

Law of Georgia No 4397 of 2 April 2019 – website, 8.4.2019

Article 19⁴ – Secretary of the Council and his/her powers

1. The Prime Minister of Georgia shall appoint one of the permanent members of the Council as Secretary of the Council.

2. The Secretary of the Council shall be accountable only to the Prime Minister of Georgia in the exercise of his / her powers.

3. The Secretary of the Council shall:

a) organise activities of the Council;

b) for the purposes of approval by the Government of Georgia, submit the Statute of the Office of the Council to the Prime Minister of Georgia for agreement, as well as procedures for the recruitment, the granting of a special state rank, the performance of service and the social protection guarantees of an employee of the Office of the Council;

c) prepare meetings of the Council;

d) sign official documents within his/her powers;

e) perform certain tasks of the Prime Minister of Georgia in accordance with the established procedure;

f) exercise other powers granted by the legislation of Georgia.

Law of Georgia No 4397 of 2 April 2019 – website, 8.4.2019

Article 19⁵ – Council meeting

1. The meeting of the Council shall be convened by the Prime Minister of Georgia, either on his/her own initiative or at the request of a permanent member of the Council, within the powers prescribed by this Law.

2. The meeting of the Council shall be chaired by the Prime Minister of Georgia.

3. The meeting of the Council shall be held once in three months.

4. The meeting of the Council shall be closed, as a rule. By the decision of the Prime Minister of Georgia the meeting may be declared open.

5. The Council shall develop recommendations on the relevant issues to make decisions on by the Prime Minister of Georgia.

6. The meeting of the Council shall be registered through the minutes of the Council meeting, which shall be signed by the Chairperson of the Council and the Secretary of the Council.

Law of Georgia No 4397 of 2 April 2019 – website, 8.4.2019

Article 19⁶ – The office of the Council

1. The office of the Council shall be a politically neutral special regime service working on information related to state secrets, as well as on other information related to the activities of the Council, which, on the basis of the vested powers and in accordance with the legislation of Georgia, shall carry out informational – analytical and organizational support of the activities of the Council.

2. For the exercise of powers vested by law to the Council, the office of the Council shall:

a) organise and coordinate the process of developing national level conceptual documents within its competence;

b) for the purpose of informing the Council, identify, assess, analyse, and forecast the situation in the field of national security, internal and external threats and challenges within the scope of its competence;

c) provides, within its competence, a review and analysis of the situation in the occupied territories of Georgia, as well as an assessment of the relevant challenges, threats and risks directly related to ensuring national security and safeguarding national interests of Georgia;

d) provide, within its competence, information-analytical support to Council in the fields of national security;

e) request information from the relevant state agencies within the scope of its competence in order ensure the exercise of its powers;

f) prepare meetings of the Council and ensure the preparation of the minutes of the Council meetings;

g) for the Prime Minister of Georgia to control crisis situations containing threat to national interests, ensure the functioning of the National Situation Room within the scope of its competence;

h) exercise other powers granted by the legislation of Georgia.

3. The office of the Council shall be headed by the Head of the office of the Council, who shall administer the activities of the office of the Council. The Prime Minister of Georgia shall appoint and dismiss the Head of the office of the Council upon the recommendation of the Secretary of the Council. The Head of the Office of the Council shall have a deputy, who shall be appointed and dismissed by the Head of the Office of the Council in agreement with the Secretary of the Council.

4. The office of the Council consists of structural subdivisions that employ persons with special state rank and other public servants. The structure of the office of the Council, its powers, its procedure for activities, staff list, the amounts of remuneration and rank salary, and other organisational matters shall be determined by the Statute of the office of the Council, which shall be submitted to the Government of Georgia for approval by the Secretary of the Council after agreement with the Prime Minister of Georgia.

5. The Law of Georgia on Public Service shall apply to an employee of the office of the Council, unless otherwise provided for by special legislation.

6. Financing and material-technical support of the office of the Council shall be carried out by appropriations allocated from the State Budget of Georgia.

7. Life and health insurance of an employee of the office of the Council with special state rank shall be mandatory and shall be financed by the State Budget of Georgia. At the same time, the spouse and minor children of the employee of the office of the Council with the special state rank may be insured by the financing of the State Budget of Georgia.

8. The remuneration (salary) of an employee of the office of the Council shall consist of official salary, and the remuneration of an employee with a special state rank shall also consist of the (rank) salary established for the rank. An employee who is awarded a special state rank shall be given a monthly supplement (according to the years of service) to the remuneration according to the calendar years served with a special state rank in the following percentage:

a) from 1 to 2 years – 5 per cents;

b) from 2 to 5 years – 10 per cents

c) from 5 to 10 years – 15 per cents

d) 10 and more years – 20 per cents.

9. A citizen of Georgia who has attained the age of 21 shall be recruited for an employee of the Office of the Council after special examination who, in accordance with his/her personal and business characteristics, education, health status and other requirements established by the legislation of Georgia, is capable to perform the duties assigned to him/her.

10. Upon his / her appointment to the office of the Council on the position under the staff list of the Council, an employee shall be granted a special national state security rank.

11. The procedure and conditions for the recruitment of an employee of the office of the Council, granting him/her a special state rank, and the conditions for performing service, and social protection guarantees shall be determined by an ordinance of the Government of Georgia.

Law of Georgia No 4397 of 2 April 2019 – website, 8.4.2019

Article 19⁷ – National situation room

National Situation Room shall be a station equipped with relevant technical and technological means, which is activated where necessary during the crisis situations containing threat to national interests, where the data from the place of incident and from other possible information sources (including video and audio signals) are promptly received/processed and where the management of the emergency situation is carried out at the political level by the Prime Minister of Georgia.

Law of Georgia No 4397 of 2 April 2019 – website, 8.4.2019

Chapter IV – (Deleted)

Law of Georgia No 1622 of 7 December 2017 – website, 14.12.2017

Article 20 – (Deleted)

Law of Georgia No 1622 of 7 December 2017 – website, 14.12.2017

Article 21 – (Deleted)

Law of Georgia No 3962 of 8 July 2015 – website, 15.7.2015

Law of Georgia No 1622 of 7 December 2017 – website, 14.12.2017

Article 22 – (Deleted)

Law of Georgia No 3962 of 8 July 2015 – website, 15.7.2015

Law of Georgia No 1622 of 7 December 2017 – website, 14.12.2017

Article 23 – (Deleted)

Law of Georgia No 1622 of 7 December 2017 – website, 14.12.2017

Article 24 – (Deleted)

Law of Georgia No 4354 of 27 October 2015 – website, 11.11.2015

Law of Georgia No 133 of 21 December 2016 – website, 28.12.2016

Law of Georgia No 1622 of 7 December 2017 – website, 14.12.2017

Article 25 – (Deleted)

Law of Georgia No 4354 of 27 October 2015 – website, 11.11.2015

Law of Georgia No 133 of 21 December 2016 – website, 28.12.2016

Law of Georgia No 1622 of 7 December 2017 – website, 14.12.2017

Article 26 – (Deleted)

Law of Georgia No 1622 of 7 December 2017 – website, 14.12.2017

Chapter V – Transitional and Final Provisions

Article 27 – Transitional Provisions

1. Within two months after the entry of this Law into force the Office of the State Security and Crisis Management Council shall prepare and submit for approval to the Government of Georgia the procedures and requirements for the recruitment, special examination, admission to work of, granting of military ranks to, and performing military service by, the employees of the Office of the State Security and Crisis Management Council.

2. Within four months after the entry of this Law into force the Government of Georgia shall approve the procedures and conditions for the recruitment, special examination, admission to work of, granting military ranks to, and performing military service by, the employees of the Office of the State Security and Crisis Management Council.

Article 28 – Final Provisions

1. Upon the entry of this Law into force, Ordinance No 38 of 6 January 2014 of the Government of Georgia on Establishment and Approval of the Internal Regulations of the State Security and Crisis Management Council shall be declared void.

2. This Law shall enter into force upon promulgation.

President of Georgia                                          Giorgi Margvelashvili

Kutaisi

4 March 2015

No 3126-IIს