Reforms of ANB for the Purpose of Strategic Interests and Goals

Montenegrin Government has proposed amendments to the Law on the National Security Agency, which envisage the activities for the implementation of the Action Plan for the realization of the reform activities of the Agency in the proces of Euro-Atlantic integrations and the fulfilment of recommendations for invitation to the NATO membership.

The proposed Law isundergoing the Parliament procedure, and the Government has proposed that the Law is to be considered as a matter of urgency.

‘’Enactment of the Law is aimed at achieving one of the strategic security interests and goals of Montenegro, pertaining to the legal regulation of the national security in accordance with the Constitution, the international law norms and the obligations of the state’’, reads the statement ofreasons.
Bythe proposed amendments to the Law,there have been implemented high-level standards in the manner of implementing means and methods of collecting data, prescribed procedures in the manner of implementing means and methods of covert data collection, specified conditions for sharing information on the international level, and prescribed specificities for the organization of the work in ANB, the competences and responsibilities of its employees.

‘’Enactment of the Law represents a normative precondition for further development of ANB,adequate to satisfy the international/NATO standards, with a primary goal to quality countering the security challenges, risks and threats’’, states the proposed document.

It has been assessed that an untimely enactment of the Law would slow down activites on realization of recommendations regarding the invitation to Montenegro to the NATOmembership.
The competence of ANB has been more precisely definedby the Draft Law, which stipulates an expressed obligation thatthe Agency informs the Police Directorate and the State Prosecutor’s Office on the data indicating the existence of well-founded suspicion that a criminal act,defined to be prosecuted by the call of duty,is being prepared, organized, orhas been carried out.
Collecting data in communication with citizens has been additionally regulated in comparison with the existing law.

Proceeding fromthe fact that collecting data from citizens is being carried out exclusively on the principle of voluntariness, and using the solutions from the comparative practice, aiming to strengthen the efficiency in the work of ANB, it has been offered a possibility, as it has been stated that ANB requests from the Police to make interview with the citizen,who had not given his/her express consent to a dialogue with the authorized officer of the Agency, with participation of the authorized officer of the Agency, but ‘’only in case of a probability that a citizen has in his/her possession data relevant for the national security’’, reads the law’s statement ofreasons.
Important novelties were proposed in the chapter which defines covert data collection.

The competences of ANB have been elaborated in detail, regarding the manner of collecting data, for the purpose of establishing an optimal set of instruments (means and methods) in collecting data, which are also at disposal of intelligence and security services of the security systems of the NATO and EU member countries”, reads the Law.
It has been stated thatin the manner of implementing means and methods of collecting data,which affect human rights and freedom, there has been provided the procedure for issuing approval by the judicial authorities, in accordance with the highest standards for human rights and freedom protection.
The procedure on the commencement of implementation thesecret surveillance and reconnaissanceand the wayfor issuing approval to conduct it, with the use of technical devices for recording, have been elaborated on: a photo recording, being approved by the Agency Director, and audio, video and other types of technical recording, being approved by the President of the Supreme Court.

‘’Exceptionally,in case the circumstances justifying or urging the commencement of implementation the measure, if the postponement of the commencement of implementation of the measure would prevent the achievement of the purpose the measure is allowed to, there has been stipulated a possibility that the measure on the commencement of implementation thesecret surveillance and reconnaissance, with the use of technical devices for audio, video and other types of technical recording,is approved bythe Agency Director, without previously obtained approval by the President of the Supreme Court’’,reads the statement ofreasons.
The Agency Director is bound, immediately upon the commencement of implementation the measure, to submit proposal for making the decision by the Court, that is, in case the Courtdoes not approve the implementation of themeasure, the Agency Director is bound to cancel its implementation, and to destroy the data and documents in which the data have been recorded.
In the part which regulates rights and duties of ANB officers, the amendments refer to the obligation to conduct security checks (vetting) for persons who are the users of professional training, the program, and the way of undergoinga special examnecessary for the performance of the work within the Agency, as well as to the ban on public appearance for ANB officers, without previously obtained approval by the Agency Director.
“As more breaches of discipline, also prescribed are: handling the service weapons contrary to provisions regulating the holding, carrying and making use of service weapons, and announcing publicly the data on the Agency, without prior consent of the Agency Director. It has been also proposed that in a disciplinary procedure against any officer of the Agency, the public is excluded'', reads the statement ofreasons.