The Saeima ¹ has adopted and
the President has proclaimed the following law:

Law on the Constitution Protection Bureau

This Law prescribes the legal status of the Constitution Protection Bureau, its position in the aggregate of the State security institutions in general, the objectives, principles, tasks, obligations and rights thereof, and also governs the financing, supervision, and control of the Bureau.

Chapter I
GENERAL PROVISIONS

Section 1. Constitution Protection Bureau

(1) The Constitution Protection Bureau shall be the State security institution under supervision of the Cabinet which, in accordance with the procedures laid down in the law, carries out intelligence and counter-intelligence activities, obtains, compiles, accumulates, stores, analyses, and uses the information related to the State security, protection, and economic sovereignty in order to protect national constitutional structure, national independence, and territorial inviolability against external and internal threats, and also to protect national military, economic, scientific, and technical potential and official secrets.

(2) The Constitution Protection Bureau shall be the national security institution of the Republic of Latvia which, in accordance with the procedures laid down in the law, carries out itself and controls exchange of classified information with international organisations and protection measures of such information. The Constitution Protection Bureau shall also be the security accreditation authority which accredits electronic information carrier systems in which the work with the information containing official secret is carried out. The Constitution Protection Bureau shall carry out the control of the cryptographic system and develop cryptographic keys.

(3) The Constitution Protection Bureau shall be the body performing operational activities.

(4) The Constitution Protection Bureau shall have a seal with the image of the large State coat of arms of Latvia and the full name of the Bureau, and also current accounts in a bank.

[27 June 2002; 7 April 2004]

Section 2. Legal Basis of Activities of the Constitution Protection Bureau

The legal basis of the Constitution Protection Bureau shall be the Constitution, the National Security Law, the Law on State Security Institutions, the Operational Activities Law, the Code of Criminal Proceedings of Latvia, this Law, and also other laws and regulations, international agreements and conventions which the Republic of Latvia has entered into or accessed thereto in relation to the issues on national security.

[27 June 2002]

Section 3. Main Tasks of the Constitution Protection Bureau

The main tasks of the Constitution Protection Bureau shall be:

1) obtaining, receipt, compilation, accumulation, storage, analysis, and use of the information related to the national security, protection, economic sovereignty, and ecological threats in accordance with the procedures laid down in law;

2) forecast of threats to national security, prevention or neutralisation thereof in conformity with its competence;

3) development of proposals and programmes in the issues of national security in conformity with its competence;

4) timely and complete informing the authorities implementing State authority and administration and their responsible officials of threats to national security;

5) [7 April 2004];

6) protection of official secret within the competence laid down in this Law and law On Official Secret;

7) [27 June 2002];

8) provision of information and materials to the prosecutor's office or the relevant investigating institution on criminal offences and persons who may be accused for committing thereof;

9) performance or organising of performance of certain tasks given by the Cabinet in writing within the scope of its competence;

10) [18 June 2009];

11) preparation of the Analysis of the National Threat in cooperation with the Security Police and the Military Intelligence and Security Service.

[27 June 2002; 7 April 2004; 18 June 2009]

Section 3.¹ Rights of the Constitution Protection Bureau in Performance of Intelligence of Counter-intelligence Activities

In order to commence the measures of operational activities which are to be carried out in a special way within the framework of intelligence or counter-intelligence activities, the Constitution Protection Bureau shall obtain the permission of the President of the Supreme Court or that of the judge of the Supreme Court authorised by the President. In certain cases when immediate action must be taken to prevent threat to specially important national interests, the Constitution Protection Bureau may commence the measures of operational activities in a special form without the permission of the judge, obtaining it within 24 hours after commencement of the measures, however, if the permission is not obtained within the abovementioned 24 hours, performance of the measure shall be terminated.

[7 April 2004]

Chapter II
ORGANISATION OF THE OPERATION OF THE CONSTITUTION PROTECTION BUREAU

Section 4. Parliamentary Control of the Constitution Protection Bureau

The parliamentary control of the Constitution Protection Bureau shall be carried out by the National Security Committee of the Saeima.

[7 April 2004]

Section 5. Director of the Constitution Protection Bureau

(1) The director of the Constitution Protection Bureau shall be appointed in the office for five years and dismissed form the office by the Saeima upon proposal of the National Security Council. The director of the Constitution Protection Bureau may be a person to whom the restrictions laid down in Section 20 of the Law on State Security Institutions do not apply, who has higher education, and who has received the first-category personnel security clearance for access to the official secret.

(2) The director of the Constitution Protection Bureau shall provide reports on the operation of the Bureau to the Cabinet and, where necessary (upon request), the National Security Committee of the Saeima and the National Security Council.

(3) The director of the Constitution Protection Bureau shall have deputies, one of them - the first deputy.

(4) [7 April 2004]

(5) In order to ensure implementation of the tasks and achievement of the objectives specified in the law, the National Security Concept, and the National Security Plan, the director of the Constitution Protection Bureau shall:

1) [7 April 2004];

2) in conformity with his or her competence, organise and ensure timely disclosure of threats to national security;

3) organise cooperation of the Constitution Protection Bureau with foreign special services;

4) organise and control intelligence and counter-intelligence activities outside the State borders;

5) organise inspections of State security institutions which are related to the performance of accreditation;

6) in order to perform the functions of the national security authority, may assign the performance of certain tasks to State security institutions according to the decision of the Council of the State Security Institutions.

(6) The director of the Constitution Protection Bureau shall:

1) [7 April 2004];

2) together with the managers of national security institutions, develop an annual draft budget of these institutions and submit it to the Cabinet and the National Security Committee of the Saeima;

3) [7 April 2004];

4) [7 April 2004];

5) organise the necessary measures in order to ensure operational information, sources thereof, measures and methods of operational activities, and also operational accounting against unauthorised disclosing thereof;

6) [7 April 2004];

7) in accordance with the law, determine the procedures for the use of operational activity measures, performance methods, operational technical means, and also that of operational accounting and record-keeping;

8) [7 April 2004];

9) organise performance of certain tasks given by the National Security Committee of the Saeima and the Cabinet;

10) determine, upon coordinating with managers of the relevant State administration authorities, the procedures by which employees of such authorities, and also technical means and all kinds of information carriers are to be used, where it is necessary for the performance of the tasks specified in laws.

(7) The director of the Constitution Protection Bureau or his or her specially authorised official of the Bureau is entitled to become freely acquainted with all kinds of information and materials at the disposal of State institutions and local governments regardless of restriction for the use thereof, to receive such information and materials.

(8) [7 April 2004]

(9) The director of the Constitution Protection Bureau shall, in conformity with his or her competence, be responsible for timely disclosure of threats to national security, and his or her duty is to immediately notify the President, the Prime Minister, the National Security Committee of the Saeima, and the National Security Council thereof.

(10) [7 April 2004]

(11) The director of the Constitution Protection Bureau shall, within the scope of his or her competence, issue internal regulations.

(12) For excellent performance of the work (service) duties, the director of the Constitution Protection Bureau may award officials and employees of the Constitution Protection Bureau with personal award weapons or other service awards and badges of honour.

[7 November 1996; 27 June 2002; 20 March 2003; 7 April 2004; 18 June 2009; 4 October 2018]

Section 6. Organisation of the Management of the Constitution Protection Bureau

(1) The Constitution Protection Bureau and its units shall operate according to undivided authority principle.

(2) A collegium of the Constitution Protection Bureau the composition of which is approved by the director of the Bureau may be established for the settlement of the issues of the operation of the Bureau.

(3) If deputies of the director of the Constitution Protection Bureau or collegium members of the Bureau do not agree to the conclusions of the director on threats to national security, they have the right and obligation to notify the Cabinet thereof in person.

(4) The principle of delimitation of powers (competence) specified by the law is complied with in the operation of the Constitution Protection Bureau and its units. The status of officials and units of the Bureau shall not be used otherwise than for the performance of the obligations specified in the law.

[27 June 2002; 7 April 2004]

Chapter III
OBLIGATIONS, RIGHTS OF OFFICIALS OF THE CONSTITUTION PROTECTION BUREAU, RESTRICTIONS OF SUCH RIGHTS AND LIABILITY

Section 7. Obligations of Officials of the Constitution Protection Bureau

On the basis of the main tasks of the Constitution Protection Bureau, its officials have the following obligations:

1) to provide the authorities implementing the State power and administration and the responsible officials thereof with the information which is necessary for the implementation of external, internal, economic, and protection policy appropriate for the national interests;

2) in conformity with its competence, to forecast and disclose internal and external threats to national security and to carry out the measures for the prevention or neutralisation thereof;

3) in conformity with its competence, to develop proposals and programmes in the issues of State security;

4) to carry out intelligence and counter-intelligence activities in order to obtain information on external or internal threats to national security caused by foreign special services or other forces;

5) [7 April 2004];

6) to protect the national economic, military, scientific, and technical potential and official secrets;

7) to take measures in order to ensure operational information, the sources thereof, measures and methods of operational activities, and also operational accounting against unauthorised disclosing thereof;

8) [27 June 2002];

9) [27 June 2002];

10) to submit the information and materials to the prosecutor's office or the relevant investigating institutions on detected criminal offences and persons who may be accused for committing them.

[27 June 2002; 7 April 2004]

Section 8. Rights of Officials of the Constitution Protection Bureau, Restrictions of Such Rights and Liability

The rights of officials of the Constitution Protection Bureau, restrictions of such rights and liability shall be determined in the Law on State Security Institutions.

Chapter IV
SERVICE (WORK) AT THE CONSTITUTION PROTECTION BUREAU

Section 9. Service (Work) at the Constitution Protection Bureau

(1) The basic conditions for the appointment in the offices at the Constitution Protection Bureau, the criteria for the professional preparedness, and other issues related to the appointment in the offices and service (work) shall be governed by the National Security Law, the Law on State Security Institutions, and this Law.

(2) The regulations for the qualification examinations and attestation of officials of the Constitution Protection Bureau, the procedures for taking thereof and raising of qualification shall be determined by the director of the Constitution Protection Bureau.

(3) Upon commencement of the performance of the official duties at the Constitution Protection Bureau, the officials thereof shall confirm their loyalty to the Republic of Latvia by the oath.

(4) In order to perform the functions of the national security authority, the director of the Constitution Protection Bureau may, in accordance with the decision of the Council of the State Security Institutions, involve specialists of other State security institutions in the work of the Constitution Protection Bureau for the performance of certain tasks.

[27 June 2002; 7 April 2004; 4 October 2019]

Section 10. Personal Identification of Officials of the Constitution Protection Bureau

Certificates and badges of certain sample shall be issued to officials of the Constitution Protection Bureau for the confirmation of powers granted thereto.

Chapter V
STRUCTURE OF THE CONSTITUTION PROTECTION BUREAU, FINANCING, GENERAL MANAGEMENT AND CONTROL OF THE OPERATION THEREOF

Section 11. Structure of the Constitution Protection Bureau

(1) The Constitution Protection Bureau is a unified centralised system of units which is established in conformity with the tasks of the Bureau.

(2) The information on the internal structure, the list of positions, the finances and technical equipment of the Constitution Protection Bureau shall be official secret.

Section 12. Financing of the Operation of the Constitution Protection Bureau, General Management and Control Thereof

The operation of the Constitution Protection Bureau shall be financed from the State budget. Its general management and control is determined in the Law on State Security Institutions.

[7 April 2004]

Section 13. Supervision over Compliance with Laws at the Constitution Protection Bureau

(1) Supervision over conformity of the operation of the Constitution Protection Bureau with laws shall be carried out by the Prosecutor General and his or her specially authorised prosecutors in conformity with the procedures and conditions which are laid down in the Law on State Security Institutions.

(2) The Constitution Protection Bureau shall be subject to court control in the cases and in accordance with the procedures laid down in the Operational Activities Law.

The Law shall come into force on the day of proclamation thereof.

The Law has been adopted by the Saeima on 5 May 1994.

President G. ULMANIS

Rīga, 19 May 1994

¹ The Parliament of the Republic of Latvia

Translation © 2021 Valsts valodas centrs (State Language Centre)