Mindful of the fact that in 2004 the Parliamentary Assembly of BiH
enacted the Law on Intelligence Security Agency of BiH and as well the Law on
State Investigation and Protection Agency, whose primary task is protection of
BiH in the broadest term,
Considering the provisions of the Law on Law on Intelligence-Security
Agency of BiH (Article 67, paragraph 1) and as well the Law on State
Investigation and Protection Agency (Articles 21 and 22) which prescribe the
obligation of mutual cooperation of the agencies,
Bearing in mind special and joint activities of the agencies and
prescribed responsibility and obligation of the Director General of the
Intelligence Security Agency (Article 27, paragraph 2, item 14) and the
Director of the State Investigation and Protection Agency (Article 8, paragraph
1, item e) to close the contracts and
provide cooperation with relevant institutions of BiH,
Being determined, as joint signatories, to arrange their mutual relations
related to cooperation, rendering assistance, and mutual coordination of
affairs from within competencies prescribed by the Law in the following manner:
MEMORANDUM
ON COOPERATION, RENDERING ASSISTANCE, AND
MUTUAL COORDINATION OF AFFAIRS BETWEEN
INTELLIGENCE SECURITY AGENCY
AND
STATE INVESTIGATION AND
PROTECTION AGENCY
I GENERAL
PROVISIONS
Item 1
Memorandum on cooperation, rendering assistance, and mutual coordination
of affairs (hereinafter: Memorandum) has been made between the Intelligence
Secuirty Agency (hereinafter: OSA/OBA) and the State Investigation and
Protection Agency (hereinafter: SIPA).
Item 2
The signatories of the Memorandum have
hereby defined and arranged the manners and principles of cooperation,
rendering assistance, and mutual coordination of affairs in accordance with
their roles and competencies.
Item 3
The Memorandum defines the basics of
cooperation, roles and responsibilites of the signatories leaving the
possibility to additionally elaborate its content later, in more precise and
more detailed manner.
Item 4
The reasons for making
the Memorandum are desirable harmonization and complementariness of the
intelligence, security and police activities of the institutions of BiH which
are responsible for collection, assessment and delivery of intelligence data on
threats against BiH, and as well for prevention, detection and investigation of
criminal offenses from within the jurisdiction of the Court of BiH.
II JURISDICTION/RESPONSIBILITIES/COMPETENCIES
Item 5
OSA/OBA shall be responsible for the collection
of data related to threats against the security of BiH, both in and out of BiH,
their analysis and transfer to relevant users as defined in the Law on
Intelligence Security Agency, and to other relevant bodies and officials in BiH
when necessary in order to remove the threats against the security of BiH.
Item 6
The Law on Intelligence Security
Agency defines the threat against the security of BiH as threat against
sovereignity, territorial integrity, constitutional order, basics of economic
stability and as well threats against global security detrimental for BiH,
including:
1.
terrorism, including international terrorism;
2. espionage directed
against BiH or detrimental for the security of BiH in any manner;
3. sabotage
directed against vital [rm1]national infrastructure of BiH or directed against BiH in another manner;
4. organized
crime directed against BiH or detrimental for BiH in any other manner;
5. trafficking
in drugs, weapons and humans directed against BiH or detrimental for BiH in any
other manner
6. illegal
international production of weapons of mass destruction or their components and
as well materials and devices needed for their production;
7. illegal trade
of products and technologies that are under international control;
8. actions
punishable under international humanitarian law;
9. acts of
organized violence or intimidation of ethnic and religious groups in BiH
Item 7
OSA/OBA shall not have powers to
conduct investigative actions, to arrest nor to force persons to cooperation.
Item 8
The competencies
of SIPA shall be:
1.
Prevention, detection and
investigation of criminal offenses from within the jurisdiction of the Court of
Bosnia and Herzegovina, especially organized crime, terrorism, war crimes, human
trafficking and other criminal offenses against humanity and values protected
by international laws, and serious financial crime;
2. Collection
of information and data on criminal offenses as referred in previous paragraph, and monitoring and analysis of security situation;
3. Rendering
assistance to the Court and the Prosecutor Office of Bosnia and Herzegovina
4. Physical
and technical protection of persons, facilities and other property protected
under the Law on SIPA;
5. Witness protection;
6. Crime
expert examination.
Item 9
SIPA is police authority of BiH, whose
sworn officers exercise police powers under the Law on Police Officials and act
as sworn officers under the Criminal Procedure Code of BiH.
III PRINCIPLES
Item 10
OSA/OBA and SIPA shall commit
themselves to assess mutually exchanged information in objective and detailed
manner, making efforts to check them by application of own methods and means of
work and objectify them for the purpose of their completion or rejection as
groundless.
Item 11
The obligation of each agency during
mutual exchange of information is to achieve full protection of sources and
methods through which the information have been obtained. With regard to this,
the mentioned obligation is imperative for both agencies.
Item 12
The obligation of each Agency during mutual exchange of information which
are classified under certain level of confidentiality is to treat, protect and
file them in the manner correspondent to the level of confidentiality and rules
which prescribe procedures for that field in each agency.
Item 13
In certain cases in which OSA/OBA
obtains information on commission of criminal offense from within the
jurisdiction of SIPA, it is possible to withdraw the information from SIPA because
of operational interest and grounded expectation that OSA/OBA shall through its
methods identify wider criminal blackground, organizers or financiers of
committed criminal offenses and, using consequent information, produce much wider
effect on the security of BiH.
IV FIELDS
OF COOPERATION
Item 14
The fields of cooperation between
OSA/OBA and SIPA, before all in the area of combat against
terrorism/international terrorism, organized crime, human trafficking, and
actions punishable under international criminal law have been limited by legal
competencies, powers and goals of the work of SIPA as police agency and OSA/OBA
as intelligence agency.
Item 15
OSA/OBA shall be competent for the collection of data on activities and occurences
out of BiH which pose threat against the security of BiH or they are in the
interest of maintaining security of BiH.
As a priority, the goal of OSA/OBA defined by the law is informing users
on recognized and assessed threats against the security of BiH.
OSA/OBA shall be competent for the collection of data on occurences and
activities even within BiH which are threat against BiH in general.
Item 16
SIPA shall be competent for the acts
and occurences within BiH which imperil it by certain criminal act from within
the jurisdiction of the Court of BiH.
The priority task of SIPA as a law
enforcement agency (police) shall be detection, prevention and investigation of
criminal offenses, with the final goal of criminal-legal processing before
court authorities.
Item 17
Through the cooperation with foreign
law enforcement agencies and other foreign relevant bodies, OSA/OBA and SIPA
shall obtain information collected out of BiH. Depending on their nature, such
information shall be delivered to each other for further check/completion or
use in accordance with legal powers.
Item 18
In cases in which the activities of
OSA/OBA are concurrent during investigation of certain illegal occurences, it
is necessary to take measures at the shortest time possible aiming at
coordination and harmonization of the work of both agencies.
The Director General of OSA/OBA and
the Director of SIPA shall be responsible for making of specific and precise
plan of further activity in such cases.
As pre-requisite, the plan should
include specific responsibility and precise executive powers.
Terrorism, including international terrorism
Item 19
Within the framework of collection of data on threats from the aspect of
terrorism/international terrorism, and beside informing regular users on
certain individuals, groups or organizations that may be directly linked to
terrorist activities in BiH, OSA/OBA shall inform SIPA as well.
Item 20
In case that OSA/OBA obtains information on imminent preparations and
plans for performance of terrorist act in BiH, it will promptly inform SIPA
beside regular users.
Item 21
SIPA shall inform OSA/OBA on indications related to occurences,
individuals, groups or organizations found out during its investigations and
which may be directly or indirectly linked to the possible terrorist activites,
but without enough elements for criminal responsibility.
Item 22
While collecting information from all available
sources, OSA/OBA and SIPA shall periodically make assessments on threats against
BiH from the aspect of terrorism.
Organized crime
Item 23
Within the framework of collecting
data on organized crime, trafficking in drugs, weapons and humans directed
against BiH or detrimental for BiH in any way, OSA/OBA shall inform SIPA on
activities containing elements of criminal offense for further action.
Item 24
SIPA shall inform OSA/OBA on occurences
from mentioned field, initial or insufficiently checked information which still
do not point to the elements of criminal responsibility.
Item 25
SIPA and OSA/OBA shall periodically (quarterly, semi-annually, annually)
exchange assessments of the security situation in BiH, i.e. threats against BiH
from the aspects of organized crime, trafficking in drugs, weapons and humans
and other elements of security that are of interest for the security of BiH.
Sabotage, threat against persons and facilities
Item 26
Data that OSA/OBA collects within the framework of resisting threats of
sabotage directed against vital [rm2]national infrastructure or in another way directed against BiH, and
which point to the imminent commission of criminal offense or perpetrator shall
be at the shortest time possible delivered to the authorized users and SIPA.
Item 27
Also, OSA/OBA shall promptly and at
the shortest time possible deliver to SIPA data collected using its operational
means and methods in protection of institutions, facilities and persons of special
importance in BiH, state level visits and other events, and assessed as
necessary and which point to imminent threat, concrete plans or perpetrators of
criminal offenses.
Item 28
OSA/OBA and SIPA shall continuously exchange information on indications,
individuals, persons and organizations which may be linked with threats against
the institutions of BiH and persons of special importance for BiH, and as well
persons visiting BiH to whom the protection shall be provided under the
regulations.
Item 29
SIPA and OSA/OBA shall periodically (quarterly, semi-annually, annually)
exchange assessments of the security situation from the aspect of mentioned threats.
Actions punishable under international humanitarian
law
Item 30
In the field of collection of data on criminal offenses punishable under
international humanitarian law, having processed the information, including
electronic data processing and filing, OSA/OBA shall deliver data to SIPA for
further documenting, investigation and preparation for criminal proceeding for
the Court of BiH.
Item 31
OSA/OBA and SIPA shall continue to collect data on committed criminal
offenses punishable under international humanitarian law in new or
insufficiently investigated cases in which quality information and information
on elements of criminal offense are missing.
Item 32
In case that OSA/OBA obtains data on stay and movement of ICTY indictees
in BiH, exact location and all specific information related to the indictees
and their accessories, it shall promptly inform SIPA (and vice versa) so that
necessary measures could be taken in coordinated actions.
Item 33
SIPA shall inform OSA/OBA on indications related to mentioned criminal
offenses or, especially, in the cases when it is necessary to conduct
intelligence activity, checks or infiltration into target groups out of BiH.
V LIAISON
OFFICERS, IMPLEMENTATION AND DEADLINES
Item 34
OSA/OBA shall perform tasks and obligations from the "Memorandum on
Mutual Cooperation on Rendering Assistance and Coordination of Affairs between
OSA/OBA and SIPA" through relevant organizational units tasked with
cooperation with other authorities and institutions.
Item 35
SIPA shall perform tasks and obligations from the Memorandum on Cooperation
through its organizational unit – War Crimes Center or the person designated by
the Director of SIPA.
Item 36
When assessed as necessary, OSA/OBA and SIPA shall establish joint task
forces for the performance of tasks in specfic security issues.
Item 37
The Director General of OSA/OBA and the Director of SIPA shall be
responsible for fulfillment of duties and obligations on mutual cooperaion,
rendering assistance and coordination of affairs in the manner laid down in
this Memorandum.
Item 38
The deadline for commencement of implementation of obligations laid down
in the Memorandum shall begin immediately after the signing of Memorandum.
Intelligence Security Agency State
Investigation and Protection Agency
Director
General
Director
No: 01-693/05 No: 14-01-04-1360/04
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