On Planning and Coordination of the National Security Policy

On Planning and Coordination of the National Security Policy
Document number	3126-IIს
Document issuer	Parliament of Georgia
Date of issuing	04/03/2015
Document type	Law of Georgia
Source and date of publishing	Website, 23/03/2015
Registration code	130000000.05.001.017637
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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 and economic security

e) ecological and energy security

f) information security

g) legal order.

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 and economic 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;

Article 10 – Ecological and energy security

The area of ecological and energy security includes the following fields:

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

b) ensuring compliance of the use of natural resources with the goals and objectives of the national security policy;

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

d) mitigation and liquidation of impacts caused by natural and man-made disasters;

e) ensuring capacity building of the Emergency Response Forces and coordination of their activities;

f) ensuring safety of the management of harmful waste;

g) implementation of the energy policy in compliance with the goals and objectives of the national security policy.

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. A part of the Threat Assessment Document of Georgia, which assesses man-made (tecnogenic) threats caused by natural and human factors, shall be developed and submitted to the Government of Georgia for approval by the special purpose state agency under the subordination of the Prime Minister of Georgia called the Emergency Management Service. After the approval of the Threat Assessment Document of Georgia, the Emergency Management Service shall prepare and publish a non-classified, adapted part of the Document on natural hazards.

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 has a time-defined action plan that defines the time, means and agencies responsible for the performance of particular tasks. The national security strategy also includes a Strategic Defence Review, which determines basic areas of the development of the Ministry of Defence and the armed forces of Georgia, the future (for a definite period of time) structure of the armed forces and the means and mechanisms for improving compatibility of the armed forces of Georgia with the North Atlantic Treaty Organisation (NATO). The strategies determined by this paragraph are developed and approved by the Government of Georgia as provided for by the legislation of Georgia, except for the National Military Strategy of Georgia, the procedure for the approval of which is determined by the Organic Law of Georgia on the National Security Council.

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, the Governors, 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 fulfilment of the obligations imposed on the state authorities and the state trustees, the Governors, 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, local self-government bodies 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

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 are determined by relevant legal acts of the state authorities, local self-government bodies and state trustees, the Governors, of Georgia.

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, local self-government bodies and state trustees, the Governors, 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 6-13 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 6 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 6 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. Local self-government 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.

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 , local self-government bodies and state trustees, the Governors of Georgia that are issued and/or adopted to achieve the goals and objectives determined by the national and agency-level conceptual documents.

2. Local self-government 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.

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 the Government of Georgia.

4. The powers of the National Security Council shall be determined by the Organic Law of Georgia on the National Security Council.

5. Deleted (7.12.2017, N 1622).