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LAW OF THE KYRGYZ REPUBLIC

of June 30, 2022 No. 54

About external intelligence activities

Accepted by Jogorku Kenesh of the Kyrgyz Republic on May 25, 2022

Chapter 1. General provisions

Article 1. Subject of regulation of this Law

This Law determines the legal basis of external intelligence activities and system of guarantees of legality of its implementation.

Article 2. Basic concepts

In this Law the following concepts are used:

1) external intelligence activities - activities of bodies of foreign intelligence of the Kyrgyz Republic within the powers on getting, processing and use of prospecting information, and also assistance of implementation of measures performed by the state for the benefit of ensuring national security of the Kyrgyz Republic;

2) foreign intelligence - system of the vowels and secret prospecting, organizational and managerial measures performed according to the legislation in the field of ensuring national security in the territory of the Kyrgyz Republic and beyond its limits for ensuring national security of the Kyrgyz Republic;

3) bodies of foreign intelligence - division of bodies of homeland security of the Kyrgyz Republic, bodies of military investigation and authorized body in the field of protection of frontier which competence includes implementation of external intelligence activities;

4) prospecting information - the data on real and potential opportunities, actions, plans and intentions of foreign states, special services, international, foreign and other, including terrorist, separatist and extremist organizations, criminal groups (the criminal organizations) got and used by bodies of foreign intelligence, and also the individuals posing threat of homeland security of the Kyrgyz Republic.

Article 3. Legal basis of external intelligence activities

The legal basis of the bodies performing external intelligence activities is constituted by the Constitution of the Kyrgyz Republic, this Law and other regulatory legal acts in the field of ensuring national security, and also the international agreements which became effective according to the legislation of the Kyrgyz Republic.

Article 4. Principles of external intelligence activities

External intelligence activities are performed on the basis of the following principles:

1) legality;

2) respect and observance of rights of man and citizen;

3) combination of public and secret methods and means;

4) conspiracy.

Article 5. Tasks of external intelligence activities

1. Tasks of external intelligence activities are:

1) providing the President of the Kyrgyz Republic, Jogorku Kenesh of the Kyrgyz Republic and the Cabinet of Ministers of the Kyrgyz Republic with the prospecting information necessary for adoption of decisions by them in political, economic, military and scientific and technical areas;

2) providing the conditions promoting successful realization of policy of the Kyrgyz Republic in the field of homeland security;

3) assistance to economic development, scientific and technical progress and military technical supply of safety of the Kyrgyz Republic.

2. External intelligence activities cannot be performed for achievement of the tasks which are not provided by this Law.

Article 6. Fields of activity of bodies of foreign intelligence

External intelligence activities within the powers are performed:

1) divisions of bodies of homeland security of the Kyrgyz Republic in political, economic, information and scientific and technical spheres, in the field of the organization and operation of special types of communication, use of special technical and other means, and also in the field of safety of the organizations of the Kyrgyz Republic which are beyond its limits, and sent out of limits of the Kyrgyz Republic of the citizens of the Kyrgyz Republic having by the nature of the activities the admission to the state secrets;

2) bodies of military investigation in military, military-political, military and technical, military-economic and ecological spheres;

3) divisions of authorized body in the field of protection of frontier in case of accomplishment of tasks on protection of frontier.

Article 7. Conspiracy when implementing external intelligence activities

1. External intelligence activities are performed with preserving in secret data:

1) about the organization, tactics, forces, means, methods, plans, condition, results and financing of external intelligence activities;

2) about rendering by citizens assistance of foreign intelligence to bodies;

3) about the citizens rendering assistance of foreign intelligence to bodies on confidential basis;

4) about the staff of bodies of foreign intelligence who participates or participated in operational implementation, secret employees, and about other officials of bodies of foreign intelligence;

5) about the held events and about other external intelligence activities performed by bodies;

6) about international cooperation when implementing external intelligence activities.

2. The data specified in this Article are the state secret.

Chapter 2. Organization of activities of bodies of foreign intelligence

Article 8. Methods and means of intelligence activities

1. Bodies of foreign intelligence perform external intelligence activities independently, and also in interaction among themselves.

2. In the course of intelligence activities bodies of foreign intelligence can use public and secret methods and means which special nature is determined by conditions of these activities.

3. Methods and means of intelligence activities shall not do harm to life and human health and to cause environmental damage.

4. Information on private life or concerning the trade, bank or other secret protected by the law, become foreign intelligence known to bodies in the course of implementation of intelligence activities is not subject to disclosure.

5. Bodies of foreign intelligence for goal achievement of intelligence activities have the right to create, acquire and use information systems, video and audio recording, photographing, and also other methods and means meeting the requirements of parts 2 and 3 of this Article.

Article 9. Provision of prospecting information

1. Prospecting information is provided to the President of the Kyrgyz Republic, Jogorku Kenesh of the Kyrgyz Republic and the Cabinet of Ministers of the Kyrgyz Republic.

2. Heads of bodies of foreign intelligence bear the personal responsibility for reliability, objectivity of prospecting information and timeliness of its provision.

3. Officials to whom prospecting information is provided bear the responsibility for disclosure of the data containing in it constituting the state secrets or disclosing sources of the specified information established by the law.

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