The New Proclamation gives absolute power for NISS

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Proclamation No. ——– /2013

NATIONAL INTELLIGENCE AND SECURITY SERVICE

RE-ESTABLISHMENT PROCLAMATION

WHERE AS it has become necessary to strengthen the National Intelligence and Security Service so as to protect and defend the sovereignty of the Federal Democratic Republic of Ethiopia, the constitution and constitutional order; WHEREAS it has become essential to determine the power, duties and accountability of the National Intelligence and Security Service to promote the peace, development, democracy and good governance in the country; WHEREAS it has become necessary to build a modern and strong National Intelligence and Security Service that is loyal and resilient to the constitution and constitutional order of the Federal Democratic Republic of Ethiopia and conscious of the national and international objective situations; NOW, THEREFORE, in accordance with sub-articles (1) and (7) of Article 55 of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

                                             PART ONE

GENERAL

 1. Short Title

This Proclamation may be cited as the “National Intelligence and Security Service Re-establishment Proclamation No. ———/2013”.

 2. Definitions

 In this Proclamation unless the context otherwise requires:

1/ “employee” mean any person who works for the National Intelligence and Security Service under regular or contractual employment or on the basis of secondment;

2/ “security clearance” means an Inquiry into an individual’s loyalty, character, trustworthiness and reliability to ensure that he is eligible for the position he is nominated or for the post to be assigned;

3/ “intelligence and security equipments and devices” means equipments used to collect or prevent the collection of information, or devices used for providing security or communication service;

4/ “intelligence” means information collected, analyzed and disseminated to relevant government bodies in order to protect and safe guard the national security of the country;

5/ “court” means the Federal First instance Court or the Federal High Court or the Federal Supreme Court as the case may be;

6/ “person” mean any natural or juridical person;

7/ Any expression in the masculine gender includes the feminine.

 3. Scope of Application

 This Proclamation shall be applicable throughout the country.

 PART TWO

 NATIONAL INTELLIGENCE AND SECURITY SERVICE

4. Re-establishment

1/ The National Intelligence and Security Service (hereinafter the “Service”) is hereby re-established with a ministerial status as an autonomous federal government office having its own legal personality.

2/ The Service shall be accountable to the Prime Minister.

3/ No other institution shall be established that provide similar intelligence and security service at the Federal and Regional State level.

 5. Head Office

The Service shall have its head office in Addis Ababa and may have branch offices elsewhere, as may be necessary.

2/ The books of account and financial documents of the Service shall be audited by internal auditors.

3/ Without prejudice to paragraph (e) of sub-article (2) of Article 12 of this Proclamation, the books of accounts and financial documents of the Service shall be audited annually by the Auditor General or by an auditor designated by him.

 15. Procurements and Administration of Property

1/ The Service shall, by itself procure, administer and dispose property in accordance with the public procurement and property administration laws

2/ The Service may import intelligence and security equipments and devices free of customs duties and taxes.

3/ The Service shall not be required to present customs declaration and documents to be attached there to with respect to equipment and devices referred to in sub-article (2) of this Article, to present the goods for inspection and documents for examination.

 PART THREE

 EMPLOYEES OF THE SERVICE

16. Taking an Oath.

Any person employed by the Service shall take oath to be loyal to the Constitution of the Federal Democratic Republic of Ethiopia and to the Constitutional order and to live up to the public will and professional responsibility.

 17. Rights of Employees

Any employee of the Service shall have the right to:

1/ get salary based on scale approved by the Government;

2/ get various leaves, medical service and other appropriate benefits based on the Service’s employees administration regulations;

3/ get retirement and invalidity pension benefits in accordance with the Public Servants’ Pension Proclamation;

4/ get necessary legal support, in accordance with the Service’s employees administration regulations, for criminal charges or civil suit instituted against him if the Service believes and ascertains that the crime is committed as a result of compelling circumstances while executing his duties under the law.

 18. Duties of Employees

Any employee of the Service shall have the following duties:

1/ to be loyal to the Constitution and the constitutional order, properly respect the secrecy of the Service, maintain personal integrity and spirit of team work, continuously upgrade his professional capacity;

2/ to execute the duties assigned to him by the Service at any place and time;

3/ not to engage in other employment activities without the knowledge and

Permission of higher officials of the Service or his immediate supervisors;

4/ not to disclose to any organ or individual, print, publish or disseminate, while working or after termination of his service and without the knowledge and consent of a higher official of the Service, secrets, methods, activities, structure, documents and other similar matters of the Service which he knew during his work;

5/ disclose and register with the Service the property under the ownership or possession of himself and his family, and his source of income and that of his family;

6/ discharge other duties that the Service may prescribe by its directives.

 19. Personal Security Protection

1/ any official or employee of the Service who has been involved in key activities of the Service shall be provided with personal security protection upon his retirement or transfer to other institutions.

2/ the composition and size of the security force shall be determined by the body in charge of providing security protection service.

 20. Immunity and Non-Compellability

1/ Any official or employee of the Service after termination of his service or who has been transferred shall not be compelled in court proceeding or commission of inquiry or other body to disclose information or produce any document that he knows or possesses in connection with his mission while serving in the Service.

2/ The immunity and non-compellability provided under sub-article (1) of this Article shall also be applicable to any person who has knowledge of information as a result of his direct or indirect association with the mission of Service.

 21. Liability

1/ any employee of the Service shall be liable, in accordance with the appropriate law if he:

a) Abuses the powers and duties entrusted to the Service under this Proclamation; or

b) Violates the code of conduct and professional responsibility that the Service issued.

2/ whosoever without being an employee of the Service cheats or pretends or attempts to cheat or pretend in words or action in the name of the Service, an official or employee of the Service and obstruct the peaceful movement or daily activity of a citizen or an institution shall be punishable in accordance with the relevant provisions of the Criminal Code.

 PART FOUR

 OVERSIGHT

22. Legislative Oversight

1/ the appropriate Standing Committee of the House of Peoples Representatives shall oversee the overall operations of the Service.

2/ The Committee’s oversight under sub-article (1) of this Article shall not be conducted in a manner that jeopardizes the national security of the country.

 23. Executive Oversight

1/ The Prime Minister shall monitor and supervise the operations of the Service;

2/ The Council of Ministers shall issue regulations necessary for the Service to carry out its powers and duties in accordance with this Proclamation.

 24. Judicial Oversight

The Service shall obtain court warrant in order to carry out the activities referred to under sub-article (7) of Article 8 of this Proclamation.

 24. Auditor General

The Auditor General shall audit the books of accounts and financial documents of the Service in accordance with sub-article (3) of Article 14 of this Proclamation.

 PART FIVE

MISCELLANEOUS PROVISIONS

 26. Logo

The Service shall have its own logo which reflects its mission and objective.

 27. Duty to Cooperate

1/ any person shall have the duty to cooperate, when so requested, in furnishing intelligence or evidence necessary for the work of the Service.

2/ any person requested to furnish intelligence or evidence pursuant to sub-article (1) of this Article shall have the duty to keep the request for or the furnishing of the intelligence or evidence as confidential.

3/ whosoever intentionally or negligently fails to respect fully or partially the duties stipulated under sub-article

(1) Or (2) of this Article shall be punishable in accordance with the relevant provisions of Criminal Code.

 28. Power to Issue Regulations and Directives

1/ The Council of Ministers may issue regulations necessary for the effective implementation of this Proclamation.

2/ The Service may issue directives necessary for the effective implementation of this Proclamation and regulations issued pursuant to sub-article (1) of this Article.

 29. Repealed and Inapplicable Laws

1/ The Security, Immigration and Refugee Affairs Authority Establishment Proclamation No. 6/1995 are hereby repealed.

2/ No law shall, in so far as it is inconsistent with this Proclamation, be applicable in respect of matters provided for by this Proclamation.

30. Effective Date

This Proclamation shall enter into force on the day of 2013. Done at Addis Ababa, this day of  2013.

GIRMA WOLDEGIORGIS

PRESIDENT OF THE FEDERAL DEMOCRATIC

REPUBLIC OF ETHIOPIA

Source:  THE NEW PROCLAMATION GIVES ABSOLUTE POWER FOR NISS AND ITS AGENT’S

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