LAW NO. 19,974 ON THE STATE INTELLIGENCE SYSTEM AND CREATES THE NATIONAL INTELLIGENCE AGENCY Having present that the H. National Congress has given its approval to the following Bill TITLE I OF THE PRINCIPLES OF THE ACTIVITY OF INTELLIGENCE Article 1.-This law aims to establish |! |and regulate the State Intelligence System. Your rules will apply to all the activity of |! |intelligence that perform the organs and services that |! |integrate said System. Article 2.-For the purposes of this law and of the activities regulated by it, it is understood by: a) Intelligence: the systematic process of collection, evaluation and analysis of information, whose purpose is to produce useful knowledge for the of decisions. b) Counterintelligence: that part of the intelligence activity whose purpose is to detect, locate and neutralize the intelligence actions developed by other States or by persons, organizations or foreign groups, or by their agents They are directed against the security of the State and the national defense. Article 3.-The intelligence agencies and their members must always be subject to the political Constitution and the laws of the Republic in the fulfilment of their objectives and functions. TITLE II OF THE STATE INTELLIGENCE SYSTEM Article 4 °.-The System of Intelligence of the |! | State, henceforth the System, is the set of |! |intelligence agencies, independent of each other, |! |functionally coordinated, which direct and execute |! |specific intelligence activities and |! |counterintelligence, to advise the President of the |! | Republic and the various higher levels of |! |state leadership, with the aim of protecting the |! |national sovereignty and preserve the constitutional order, |! |and which additionally formulate intelligence assessments |! |useful for the achievement of national objectives. The organizations that are members of the System, without |! |disservice of their dependence and their duties to with |! |their respective superior controls, must relate |! |each other by exchanging information and |! |mutual cooperation which they establish this law and the |! legal order. Article 5 °.-The System shall be composed of: (a) The National Intelligence Agency; (b) The Directorate of Defense Intelligence of the National Defense Staff; (c) The Intelligence Directorates of the Armed Forces, and (d) The Directorates or Intelligence Headquarters of the Order and Public Security Forces. The units, departments or any other dependence of the Armed Forces or Public Security and Order to carry out intelligence tasks shall be considered, for the purposes of the application of this law, as part of the respective units. The above mentioned addresses or intelligence headquarters. Article 6 °.-Without prejudice to the second paragraph of Article 5 of Law No 18,575, there shall be an instance of technical coordination between the member organizations of the System, aimed at optimizing, regulating, reviewing and evaluating the flow of exchange of information and intelligence and facilitate mutual cooperation. This instance will operate through an Intelligence Committee, which will be composed of the heads of the agencies that make up the System. The meetings of the Committee shall be held regularly and shall be chaired by the Director of the National Intelligence Agency, who shall convene it in accordance with Article 12 (b). TITLE III CHAPTER 1 OF THE NATIONAL INTELLIGENCE AGENCY Article 7 °.-Create the National Agency of |! | Intelligence, centralized public service, of character |! |technical and specialized, that will be submitted to the |! |dependence of the President of the Republic through the |! | Minister of the Interior, whose objective will be to produce |! |intelligence to advise the President of the Republic |! |and to the various higher levels of driving of the |! | State, in accordance with this law. Article 8.-The National Intelligence Agency, hereinafter the Agency, shall be responsible for the following functions: (a) collecting and processing information from all fields at the national and international level, in order to produce intelligence and to carry out global and sectoral assessments, in accordance with the requirements of the President of the Republic. (b) To elaborate periodic intelligence reports, of a secret nature, to be sent to the President of the Republic and to the ministries or agencies he determines. c) Propose rules and procedures for the protection of critical information systems in the State. d) Require the intelligence agencies of the Armed Forces and the Forces of Order and Public Security, as well as the National Directorate of Gendarmerie, the information that is the responsibility of these institutions and that is competence of the Agency, through the appropriate technical channel. The abovementioned bodies shall be required to provide the background and reports on the same terms as they are requested. (e) Require the services of the State Administration within the meaning of Article 1 of Law No 18,575 the background and reports it deems necessary for the fulfilment of its objectives, as well as of the companies or institutions in which the State has contributions, participation or majority representation. The aforementioned bodies shall be required to provide the background and reports on the same terms as they are requested, through the respective head office or management body, as appropriate. f) Dispose the application of intelligence measures, in order to detect, neutralize and counteract the actions of terrorist groups, national or international, and transnational criminal organizations. g) Dispose the application of counterintelligence measures, in order to detect, neutralize and counteract the intelligence activities developed by national or foreign groups, or their agents, excluding those of the second of the Article 20. CHAPTER 2 ° OF THE ORGANIZATION Article 9 °.-The top management of the Agency |! |shall correspond to a Director, who shall be the exclusive |! |confidence of the President of the Republic. The Director must comply with the requirements |! |mentioned in point (a) of the second paragraph of the article |! | 15 and the supreme decree on the record of his appointment |! |will be issued with the signature of the interior ministers |! |and of National Defense. You must also present a |! |estate affidavit before a notary of your |! |address within thirty days of the time you |! |assumed office and within thirty days |! |following the date of cessation in the same. The Director may only hold the post for a term of no more than six consecutive years and may not be |! |appointed again before three years, counted from |! |the term of his/her duties. In case of absence or impediment, it will be subrogated by the |! | Head of Division that corresponds according to the |! |internal structure and the hierarchical order that determines |! |the regulation to be dictated in accordance with the |! |provisions of this law. They will not apply to the National Agency of |! | Intelligence the rules of the System of High Address |! | Public, established in Title VI of the Law No. |! | 19,882. Article 10.-The duties of the Director of the Agency are exclusive and incompatible with all other gainful employment with public or private funds, except for teaching or research, whether or not remunerated, to be provided to universities or educational institutions, up to a maximum of six hours per week. Article 11.-The Director shall not be obliged to attend the judicial appeal and shall provide a statement in the manner provided for in the first and second subparagraphs of Article 192 of the Code of Criminal Procedure and 301 of the Criminal Procedure Code, corresponds. Article 12. The Director shall be responsible for the conduct, organisation and administration of the Agency and shall be empowered to conclude the acts and contracts necessary for the performance of his institutional functions. Without prejudice to the provisions of the foregoing paragraph, it shall be for the Director, in particular, to draw up the Agency's annual intelligence plan for the knowledge and approval of the President of the Republic. (b) To convene the Intelligence Committee established in Article 6, to preside over its meetings and to request the assistance of the officials of the State Administration, as appropriate. In the case of junior officials, the request shall be made through the respective head office. c) Present the reports referred to in this law. (d) Establish relations with similar bodies in other countries. (e) In general, exercise all powers to enable it to carry out the tasks of the Agency. Article 13.-The plant and contract staff of the Agency shall be governed by the rules of the Administrative Staff Regulations applicable to officials of the Civil Administration of the State, with the exceptions that this law expresses, and will affect the regime Article 9 of Decree Law No 1,953 of 1977. Article 14.-The officials of the Agency shall submit an affidavit of assets to a notary of their domicile within 30 days after they have taken office and within 30 days of the date of their appointment. of cessation in the same. From the moment of their appointment, they will not be able to belong to political parties or participate or to adhere to meetings, demonstrations or assemblies, to support candidates for positions of popular representation or to intervene in any other act that magazine partisan political character. Asimi The provisions of Law No 19.296, which lays down rules on the association of officials of the State Administration, shall not apply to them. CHAPTER 3 OF THE STAFF ARTICLE 15.-Set the following plant of the |! |staff for the Agency: Charges Grade N ° Director 1C 1 ADDRESS Division Chiefs 2 3 3 3 Heads of Department 4 8 5 5 6 4 Professional PROFESSIONALS 4 6 5 7 6 8 7 6 8 5 9 2 Technical TECHNICIANS 10 2 Administrative ADMINISTRATIVE 10 12 11 7 12 5 14 4 AUXILIARY AUXILIARIES 19 4 20 3 21 3 98 They will be requirements for income and performance in the |! |charges indicated, the following: a) Plant of Directors: Professional title of a |! |career of at least eight semesters of duration, |! |awarded by a University or Professional Institute of |! | Higher Education of the State or recognized by this, or |! |professional title of Officer of General Staff or |! | Polytechnic Military Engineer or their equivalents in the |! |other National Defense Institutions, or title |! |professional of Officer Graduated in the case of Officers |! |of Carabineros and title of Officer Graduated in |! | Criminal Investigation in the case of the Police |! | Investigations. b) Professional Plant: Professional title of |! |a career of at least eight semesters of duration, |! |awarded by a University or Professional Institute of |! | Higher Education of the State or recognized by this, or |! |professional title of Officer of General Staff or |! | Polytechnic Military Engineer or their equivalents in the |! |other National Defense Institutions or title |! |professional of Officer Graduated in the case of Officers |! |of Carabineros and title of Officer Graduated in |! | Criminal Investigation in the case of the Police |! | Investigations. c) Technical Plant: Technical Title of |! | Higher Education awarded by an establishment of |! |higher education of the State or recognized by it, |! |including the Schools and Academies of the |! | National Defense Institutions. d) Administrative Plant: License of |! | Media. e) Auxiliary Plant: Education License |! | Basic. Article 16.-Promotions to the grades of the plant of professionals shall be carried out by means of a contest of internal opposition limited to the officials of the Agency who meet the corresponding requirements. These contests shall be governed, as far as is relevant, by the rules of paragraph 1 of Title II of Law No 18,834. The contest may be declared a desert for lack of suitable contestants, it being understood that there is such a circumstance when none of the officials of the Agency reaches the minimum score defined for the respective contest. In this case, the vacant posts will be provided by means of a public tender. Article 17.-The commissions of service of the staff of the Agency, which are carried out in the country or abroad, shall not be affected by the provisions of Articles 70 and 71 of Law No 18,834 and Articles 156 to 161 of Law No 10,336. The commissions of service of officials belonging to State Administration bodies which comply with the Agency shall not be subject to the time limits laid down in their statutory schemes or in other legal or legal bodies. (a) the provisions of Articles 156 to 161 of Law No 10,336. However, the service commissions of officials belonging to the Armed Forces and the Public Security and Order Forces may not be available for longer than four years. Article 18.-The provisions of Decree Law No 799 of 1974 shall not apply to vehicles which are acquired or leased for the Agency or which are used for any other title. Article 19.-The Law on Budgets shall record the funds necessary for the operation of the Agency and provide for an amount for reserved expenses, from which it shall surrender to the Comptroller General of the Republic, in accordance with the to the rules governing such expenditure. The information of the financial and budgetary movement of the Agency which is provided to the competent bodies shall comply with the rules laid down in Decree Law No 1,263 of 1975 on the financial administration of the State. TITLE IV CHAPTER 1 OF THE MILITARY INTELLIGENCE SERVICES Article 20.-Military intelligence is a |! |function that corresponds exclusively to the services |! |intelligence of the Armed Forces and the Directorate |! |of Defense Intelligence of the General Staff of the |! | National Defense. Understands intelligence and counterintelligence |! |necessary to detect, neutralize and counteract, |! |inside and outside the country, activities that can |! |affect national defense. Exceptionally, within |! |the police functions corresponding to the |! |maritime authority and to aeronautics, intelligence |! |naval and air will be able to perform the processing of |! |police character information that they collect. The driving of the intelligence services |! |military corresponds to the command of the institutions of the |! |which depend. Article 21.-The objectives of the military intelligence of the Armed Forces shall be set by the respective commander-in-chief, in accordance with the criteria of the national defense policy, established by the Minister of National Defense. The objectives of the military intelligence of the National Defense General Staff Intelligence Directorate will be set by the Minister of National Defense. Article 22: Police intelligence is a |! |function that corresponds exclusively to Carabineros de |! | Chile and the Police of Investigations of Chile, without |! Article 20, second indent of the |! Understand the processing of the information |! |related to the activities of persons, groups and |! |organizations that in any way affect or can |! |affect the conditions of the public order and the |! |internal public security. The driving of the intelligence services |! |police corresponds to the command of the institutions of |! |which depend. TITLE V SPECIAL PROCEDURES FOR OBTAINING INFORMATION Article 23.-When certain information is |! |strictly indispensable for the compliance of the |! |objectives of the System and cannot be obtained from sources |! |open, You will be able to use the procedures |! |special obtaining information to which you are referring |! |this Title, in the form and with the authorizations |! |that in the same are arranged. These procedures will be limited |! exclusively to intelligence activities and |! |counterintelligence that aim to protect the |! |national security and protect Chile and its people from the |! |threats of terrorism, crime organized and the |! |drug trafficking. Those who without being part of the Intelligence System |! |the State use such procedures, will be |! |punished with minor prison in any of their |! |degrees, without prejudice to the penalties that correspond to |! |crimes or simple crimes committed on the occasion of |! |the illicit activity. Article 24. For the purposes of this law, it is understood by special procedures for obtaining information, which allow access to relevant antecedents contained in closed sources or that come from them, which provide a background necessary for the fulfilment of the specific task of each operational body. Such procedures are as follows: (a) the intervention of telephone, computer, radio and correspondence communications in any of its forms; (b) the intervention of computer systems and networks; (c) listening and recording (d) The intervention of any other technological systems intended for the transmission, storage or processing of communications or information. Article 25.-The directors or heads of the intelligence agencies shall, personally or through an official of their authority, request the judicial authorization to use the procedures laid down in the points (a) to (d) of the previous Article. A Minister of that Court of Appeal in whose jurisdiction the proceedings shall take place shall be competent to rule on the authorization referred to in paragraph 1. For this purpose, the President of each Court of Appeal shall appoint two of its members by lot, for a period of two years, and the application may be filed with any of them. Article 26.-The directors or heads of the intelligence services of the Armed Forces may submit the requests directly to the Minister of the Court of Appeals referred to in the previous article, or through the institutional judge which corresponds, in accordance with the provisions of Title II of the First Book of the Military Justice Code. Article 27.-The Director of the Agency may arrange for the use of the special procedures referred to in Article 24 (a) to (d) and to request the appropriate judicial authorization only in the performance of the functions identified in the Article 8 (f) and (g). They shall be executed, exclusively, by the Force of Order and Security indicated in the respective resolution, which shall be accountable to the Director of the due diligence and his/her results. Article 28.-The judicial decision authorizing or denying the use of the procedures referred to in Article 24 shall be issued without hearing or intervention by the affected party or third parties, and shall be established. The resolution authorizing the use of the above procedures shall include the specification of the means to be used, the individualisation of the persons to whom the the measure and the period for which it is declared shall apply, which may not exceed 90 days, which may be extended only once for the same period. Where the application is rejected, the decision shall be subject to the request for replacement by the directors or heads of the intelligence agencies who have applied for the authorization. Article 29.-The Director or Head of the intelligence agency who has requested the authorization referred to in the preceding Article shall inform the Minister of the Court of Justice in writing, in the shortest time, of the term of the due diligence. Appeals that granted it. Article 30.-Natural or legal persons who, upon display of the competent court order, are required to permit compliance with any of the measures referred to in Article 24, shall have access to such a request in a manner immediate or as stated in the judicial authorization. The obligation laid down in the preceding paragraph shall not govern the persons referred to in Article 303 of the Criminal Procedure Code, but only in relation to the cases and in the terms provided for in that Code. Article 31.-The directors or heads of the military or police intelligence agencies, without the need for judicial authorization, may provide that one of their officials, in the field of the powers of their service and in the exercise of their duties of the activities referred to in the second paragraph of Article 23, hide their official identity in order to obtain information and obtain a background that will serve as a basis for the intelligence process referred to in this law. For this purpose it may be introduced into organisations suspected of criminal activities. The power referred to in the first subparagraph shall include the provision of the use of undercover agents, and all necessary acts relating to the issuing, carrying and use of the documentation intended to support the identity created to conceal the identity of the agent. Article 32.-The directors or heads of the intelligence agencies of the System may, without the need for judicial authorization, have recourse to the use of informants, in the understanding of such persons, to persons who are not officials of a body of intelligence, provide you with background and information to carry out the intelligence process. TITLE VI OF THE CONTROL OF THE INTELLIGENCE AGENCIES Article 33.-The intelligence agencies that |! |integrate the System will be subject to internal control and |! |external. Article 34.-Internal control shall be carried out by the Director or Head of each intelligence agency that integrates the System, who shall be directly responsible for the compliance with this law. Internal control shall include, inter alia, the following aspects: (a) The proper administration of human and technical resources in relation to institutional tasks and missions. (b) The appropriate use of funds allocated to the service in such a way as to be rationally used for the achievement of their own tasks. c) The adequacy of the procedures used to respect the constitutional guarantees and the laws and regulations. Article 35.-The personnel of the intelligence agencies of the System which infringes their duties or obligations shall incur administrative responsibility, as determined by the regulations of the respective institutions, without prejudice to the of the civil or criminal liability that may affect you. Article 36. External control shall be the responsibility of the Comptroller General of the Republic, the Courts of Justice and the Chamber of Deputies, within the scope of their respective powers. The Office of the Comptroller General shall proceed to the taking of reason, in the reserved form, of the decrees and resolutions of the Agency or issued by it. These decrees and resolutions may be complied with immediately, without prejudice to their subsequent processing, where available to them. 37.-The Chamber of Deputies, in the field of its oversight powers, shall constitute, in accordance with its Rules of Procedure, a Special Commission which shall have the competence to know the reports and records relating to the activities of the services and agencies that make up the State Intelligence System. The Director of the National Intelligence Agency shall submit annually to the Special Commission a secret report on the work carried out by the Agency and with regard to the operation of the System. The reports and records referred to in the preceding paragraphs shall be known to the Commission in meetings which shall be of a secret nature. TITLE VII OF THE OBLIGATION TO KEEP SECRET Article 38.-They will be considered secret and of |! |restricted circulation, for all legal effects, |! |the antecedents, information and records that work in |! |power of the organisms that make up the System or your |! |staff, whatever your position or the nature of |! |your legal connection with these. Likewise, they will have |! |such character those other antecedents that the |! |personnel of such organisms take cognizance in the |! |performance of their functions or on occasion of these. The studies and reports to be prepared by the agencies |! |of intelligence may only be exempted from that character |! |with the authorization of the respective Director or Chief, in |! |the conditions that this indicates. The officials of the intelligence agencies |! |that they have taken knowledge of the antecedents to |! |that referred to the first paragraph, will be obliged to |! |maintain the secret character of their existence and |! |content even after the term of their functions in |! |the respective services. Article 39.-The provisions of the foregoing article shall not prevent the delivery of records and information requested by the Chamber of Deputies or the Senate, or required by the Courts of Justice, the Public Ministry through the National Prosecutor, or the Comptroller General of the Republic, in use of their respective powers, who shall be provided only through the Interior, National Defense and Agency Director, in the manner provided for in the second subparagraph of the Article 9 of Law No. 18.918, Constitutional Organic of the National Congress, or by means of offices reserved for the competent body, as the case may be. The authorities and officials who have taken cognizance of the antecedents referred to in the preceding paragraph shall be obliged to maintain the secret character of their existence and content even after the end of their duties in the respective services. Article 40. The obligation to keep secret shall also govern those who, without being officials of the intelligence agencies, are aware of requests for the execution of special procedures for obtaining information, of the antecedents which justify them and of the judgments given to the effect. Article 41.-Officials of the intelligence agencies, whatever their rank or hierarchical level, shall have the right to keep the identity of the persons who have been their sources of information secret, who shall not be obliged to to reveal even a judicial injunction. TITLE VIII OF THE RESPONSIBILITIES Article 42.-The Director of the Agency and the |! |heads or directors of the intelligence services of the |! | System shall take the measures conducive to |! |prejudice any abuse or excess in the exercise of the |! |privileges or powers granted to them by this law and |! |watch, at all times, because the procedures |! |employees are adapted to the respect of the guarantees |! |constitutional and to the legal norms and |! |regulations. The information they collect, elaborate, or |! |exchange the organisms that make up the System |! |must be used exclusively for the compliance of |! |their respective tasks. Article 43.-The official of the intelligence agencies of the System who will violate the duty of secrecy referred to in Article 38 of this law, shall be punished with the penalty of further imprisonment in its minimum degree and the absolute disablement He is a member of the European Public's Office. The official of the system's intelligence agencies, which shall use the information collected or produced by such bodies for their own or other benefit, to the detriment of any person, authority or body, or to exert pressure or threats, will be sanctioned with the penalty of further imprisonment in its minimum degrees to maximum and the absolute and perpetual disablement to exercise public office. Article 44.-That which shall violate the obligation of secrecy laid down in the second indent of Article 39 and in Article 40 shall be punishable by a lesser imprisonment in its minimum degree in the middle and fine of ten to twenty tax units monthly. Article 45.-Without prejudice to the penalties corresponding to the offences committed in the abusive exercise of the powers provided for in Title V, the offender shall, in addition and as an ancillary penalty, be charged with the absolute disablement In the case of a temporary staff member, a temporary staff member is required. Article 46.-If the directors or heads of the intelligence agencies of the System estimate that there is sufficient background that an official has incurred a serious lack of their duties, they may, by resolution, have (a) the right to be suspended immediately in the exercise of his office for a period not exceeding sixty days, with the benefit of his remuneration. Article 47.-The members and officials of the intelligence agencies of the Armed Forces and of the Carabinieri of Chile who are involved in the conduct of this Title VIII, shall be subject to the rules and penalties provided for in this Title. establishes the Code of Justice Mili tar. FINAL TITLE GENERAL PROVISIONS Article 48.-For all legal purposes, the Agency shall be a legal continuator of the Directorate of Public Security and Information, established by law No 19.212. Article 49.-The personnel who, upon the entry into force of this law, are in the Directorate of Public Security and Information shall become part of the Agency, in the same legal quality as it has at that date. The Director of the Agency shall, within 60 days from the date of entry into force of this law, make the following, without any continuity solution, as holders in the plant established in Article 15, to the officials who are to the Date of publication of this law shall be carried out as the headlines of the Directorate of Public Security and Information. The typecast referred to in the foregoing paragraph shall be made to the extent determined by the Director, by the dictates of one or more resolutions and prior to the fulfilment of the requirements to occupy the positions established by this law. This process shall not be subject to the rules of law Nº 18.834. Such typecasting shall not constitute for any legal effect an end of service or the abolition or merger of employment or employment, or in general a cessation of duties or termination of the employment relationship. Similarly, it will not be possible to reduce remuneration. Any difference that may arise in them must be paid by an additional payroll, which shall be taxable in the same proportion as the remuneration which it compensates and shall be absorbed with the increases which the official experiences in his/her remuneration, with the exception of those arising from the general remuneration adjustments to be granted to the public sector. The settlement shall be governed by the first day of the month following that of the total processing of the decisions referred to in the third subparagraph. Article 50.-Law No 19.212, created by the Directorate of Public Security and Information. TRANSITIONAL PROVISIONS Article 1.-The maximum staff of the Agency, during the first year of validity of this law, shall be 125 persons. Article 2.-The tax expense that this law represents, during the first year of its validity, will be financed from the fiscal budget of the Directorate of Public Security and Information, which will be transferred in full to the public service created by this law, and in what I will not achieve, with the provision for committed financing of the public treasury budget item of the Annual Public Sector Budget for that year. Article 3.-The first drawing to appoint two Ministers of each Court of Appeal, for the purposes of complying with the provisions of the second indent of Article 25, shall be carried out within 15 days of the entry into validity of this law. " Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Mexico, and because I have had to approve and sanction it, I therefore promulgate and take effect as the Law of Santiago, 27 September 2004.-RICARDO LAGOS ESCOBAR, President of the Republic.-José Miguel Insulza Salinas, Minister of the Interior.-Michelle Bachellet Jeria, Minister of National Defense.-Luis Bates Hidalgo, Minister of Justice.-Nicolas Eyzaguirre Guzmán, Minister of Finance. What I transcribe to you for your knowledge.-Salute atte. Mr Jorge Correa Sutil, Deputy Secretary of the Interior.