On Counterintelligence Activity

Law of Georgia

On Counterintelligence Activity

Article 1. Concept of Counterintelligence Activity🔗

Counterintelligence activity is a special type of activity in the field of ensuring state security, the purpose of which is the detection and prevention of threats emanating from intelligence and/or terrorist activity directed against the state interests of Georgia by a foreign country's special services, organizations, a group of persons and individual persons.

Article 2. Definition of terms used in the Law🔗

The terms used in this Law have the following meaning:

a) counter-intelligence activity – a system of special (operative, operative-technical) measures carried out by the special services of Georgia for non-law-enforcement purposes, aimed at detecting and preventing intelligence and/or terrorist actions of foreign special services, organisations, groups of persons and individual persons;

b) operative activity – a constituent part of counter-intelligence activity, which includes special measures carried out in open or covert forms and methods, the purpose of which is to obtain information about intelligence and/or terrorist actions of foreign special services, organisations, groups of persons and individual persons;

c) operative-technical activity – a constituent part of counter-intelligence activity, which includes special measures carried out with the use of special technical means, in covert forms and methods, the purpose of which is to obtain information about intelligence and/or terrorist actions of foreign special services, organisations, groups of persons and individual persons;

d) operative information – data obtained as a result of operative and/or operative-technical activity;

e) counter-intelligence information – data reflecting the intelligence and/or terrorist activity of foreign special services, organisations, groups of persons and individual persons and circumstances related thereto;

f) special services – special bodies of the Georgian authorities which, within the scope of their competence, carry out intelligence and/or counter-intelligence (operative, operative-technical and other) measures for the purpose of ensuring state security;

g) special services of a foreign country – special bodies of a foreign country which carry out intelligence activity against the state interests of Georgia;

h) intelligence activity of special services of a foreign country – activity of special services, organisations, groups of persons and individual persons of a foreign country directed against the state interests of Georgia, the purpose of which is:

h.a) obtaining intelligence information;

h.b) exercising influence on the Georgian authorities and their policy in accordance with the interests of their country;

i) operative registration case – a case existing in the operative proceedings of the special services for the study and documentation of intelligence and/or terrorist activity of natural or legal persons and actions and circumstances related thereto, in which operative materials obtained in connection therewith are systematised and concentrated;

j) person of Georgia:

j.a) a citizen of Georgia;

j.b) a legal person registered in accordance with the legislation of Georgia, which is founded by citizens of Georgia;

k) representation of a foreign country – any legal person, except a person provided for by subparagraph „j.b“ of this Article;

l) representative of a foreign country – any natural person who is not a citizen of Georgia;

m) electronic surveillance – the measures provided for by paragraph 3 of Article 9 of this Law;

n) consensual electronic surveillance – electronic surveillance carried out with the written consent of one of the participating parties to a telephone or other type of electronic communication;

o) state body with the relevant authority to carry out electronic surveillance and the operative-technical measure provided for by subparagraph „e“ of paragraph 2 of Article 9 of this Law – Legal Entity of Public Law – Operational-Technical Agency of Georgia (hereinafter – authorized body);

p) object of electronic surveillance – the person in respect of whom the electronic surveillance measure is carried out;

q) technical identifier of the object of electronic surveillance – identifying data of the communication equipment in the use of the object of electronic surveillance or the user name;

r) identifying data of electronic communication – the data provided for by subparagraph „gg62“ of Article 2 of the Law of Georgia on Electronic Communications;

s) special service – the structural subdivisions of the ministries/services defined by a resolution of the Government of Georgia, with the relevant authority defined by the same resolution;

t) supervising judge – a judge of the Supreme Court of Georgia designated by the Chairperson of the Supreme Court of Georgia, who issues an order on the carrying out of the operative-technical measure provided for by this Law, as well as an order on the carrying out of the electronic surveillance measure, and supervises, in the manner and within the limits established by this Law:

t.a) the carrying out of the measure provided for by subparagraph „a“ of paragraph 3 of Article 9 of this Law by the electronic control system and the special electronic control system;

t.b) the activities carried out in the central data bank of identifying data of electronic communication on the basis of Article 14⁷ of this Law, by the electronic control system of the central data bank of identifying data of electronic communication;

u) electronic control system – the electronic control system provided for by subparagraph „i“ of Article 2 of the Law of Georgia on the Legal Entity of Public Law – Operational-Technical Agency of Georgia;

v) special electronic control system – the system provided for by subparagraph „j“ of Article 2 of the Law of Georgia on the Legal Entity of Public Law – Operational-Technical Agency of Georgia;

w) electronic control system of the central data bank of identifying data of electronic communication – the system provided for by subparagraph „k“ of Article 2 of the Law of Georgia on the Legal Entity of Public Law – Operational-Technical Agency of Georgia;

x) Central Bank of Identifying Data of Electronic Communication (hereinafter – the Central Data Bank) – the Central Data Bank defined by Article 11 of the Law of Georgia “On Legal Entity of Public Law – Operational-Technical Agency of Georgia”;

y) information obtained as a result of an electronic surveillance measure – information received as a result of an electronic surveillance measure and processed in accordance with paragraph 2 of Article 14² of this Law, which is of value for the purposes of counter-intelligence activity.

Law of Georgia of 22 March 2017 No. 477 – website, 27.03.2017.

Article 3. Tasks of counter-intelligence activity🔗

The main task of counter-intelligence activity, in order to ensure state security, is:

a) obtaining, analytical processing and use of information on intelligence and/or terrorist activity of a special service of a foreign country, organisations, a group of persons and individual persons;

b) detection and prevention of specific intelligence and/or terrorist acts and of circumstances related to their commission.

Article 4. Legal grounds of counter-intelligence activity🔗

The legal grounds of counter-intelligence activity are: the Constitution of Georgia, international treaties and agreements of Georgia, this Law, other normative acts of Georgia.

Article 5. Principles of conducting counter-intelligence activity🔗

1. The principles of conducting counter-intelligence activity are:

a) legality;

b) unwavering protection of human rights and freedoms and of the rights of a legal person, respect for personal dignity;

c) observance of the rules of conspiracy;

d) centralisation and unity of management of counter-intelligence activity.

2. Counter-intelligence activity may be conducted only for the purpose of obtaining information related to the intelligence and terrorist activity of a special service of a foreign country, organisations, a group of persons and individual persons, and it is not a ground for criminal prosecution, except for cases provided by the legislation of Georgia.

3. (Removed – 22.03.2017, No. 477).

Law of Georgia of 22 March 2017 No. 477 – website, 27.03.2017.

Article 6. Counter-intelligence activity and publicity🔗

1. Counter-intelligence activity is classified. Documents, materials and other data reflecting this activity constitute a state secret.

2. Documents, materials and other data obtained as a result of operational and operational-technical measures in the process of counter-intelligence activity may not be used for law enforcement purposes, except for cases provided by the legislation of Georgia.

3. The rules and conditions for classifying documents, materials and other data related to counter-intelligence activity, or a part thereof, shall be determined in accordance with the Law of Georgia “On State Secrets”.

Article 7. Special services carrying out counterintelligence activities🔗

1. Counterintelligence activities shall be carried out by special services within the scope of competence conferred by the legislation of Georgia.

2. The organization of unified counterintelligence activity in the country and coordination of the activities of special services shall be assigned to a special service − the Counterintelligence Department of the State Security Service of Georgia.

3. Special services, as well as other bodies of state authority, shall be obliged to submit to the coordinating special service specified in paragraph 2 of this article any data related to the interests of ensuring state security.

4. The Government of Georgia shall determine:

a) the procedure for organizing unified counterintelligence activity in the country and coordinating the activities of special services;

b) the procedure for exchanging information and maintaining an information bank between special services carrying out counterintelligence activities, as well as other bodies of state authority, proceeding from the interests of ensuring state security, which shall also determine the complete list of data provided for by paragraph 3 of this article and the procedure for their submission.

Law of Georgia of 20 September 2013 No. 1158 – website, 08.10.2013.

Law of Georgia of 8 July 2015 No. 3935 - website, 15.07.2015.

Article 8. Powers of special services🔗

1. The powers of special services shall be determined by this Law and other normative acts.

2. Special services shall be obliged to:

a) within the scope of their competence, carry out all necessary actions permitted by the legislation of Georgia for the performance of the tasks of counterintelligence activity;

b) strictly observe human rights and freedoms, the rights of a legal person, and respect the dignity of the individual;

c) observe the rules of secrecy in carrying out counterintelligence activities.

3. Special services shall have the right to:

a) openly and/or covertly conduct the measures provided for by this Law;

b) establish relations, free of charge or for remuneration, with citizens who have voluntarily given consent, on a confidential basis, to assist the special services;

c) create and use information systems that ensure the performance of the tasks of counterintelligence activity;

d) during the conduct of special measures of counterintelligence activity, use, by contract or oral agreement, the service buildings and property of enterprises, institutions, organizations, military units, as well as the residential and non-residential premises, vehicles and other property of private persons;

e) for the purpose of maintaining secrecy, use documents in which the identity of officials of the special services, the affiliation of units, organizations' premises and vehicles, as well as the identity of those citizens who cooperate with these services on a confidential basis, are concealed.

Article 9. Special measures of counterintelligence activity🔗

1. Special measures of counterintelligence activity are:

a) operational measures – part of operational activity; they are carried out for the purpose of obtaining information about intelligence and/or terrorist actions of a foreign country's special services, organizations, a group of persons and individual persons, using overt and/or covert methods. The types of operational measures are determined by legal acts of special services;

b) operational-technical measures – part of operational-technical activity; they are carried out for the purpose of obtaining information about intelligence and/or terrorist actions of a foreign country's special services, organizations, a group of persons and individual persons, using technical means.

2. Operational-technical measures are:

a) covert video and audio recording;

b) covert film and photo shooting;

c) use of television cameras and other types of electronic devices;

d) electronic surveillance;

e) control of postal correspondence;

f) strategic monitoring measure;

g) individual monitoring measure.

3. Types of electronic surveillance are:

a) covert listening to and recording of telephone communication;

b) retrieval and fixation of information from a communication channel (by connecting to communication means, computer networks, line communications and station equipment), from a computer system (both directly and remotely) and, for this purpose, installation of appropriate software means in the computer system;

c) determination of geolocation in real time.

Law of Georgia of 22 March 2017 No. 477 – website, 27.03.2017.

Article 10. Grounds for carrying out special measures of counterintelligence activity🔗

Grounds for carrying out special measures of counterintelligence activity are:

a) data on facts and events (or their signs) that pose a threat or may pose a threat to the state security of Georgia;

b) data on a representative of a foreign country or a representation of a foreign country, which is connected with intelligence and/or terrorist activity, with the preparation or carrying out of actions directed against the interests of the state security of Georgia, or there is a ground for such an assumption;

c) data on a person of Georgia which indicates his/her connection with intelligence and/or terrorist activity of a foreign country's special services.

Article 11. General rule for carrying out counterintelligence measures🔗

1. On the territory of Georgia, in cases permitted by legislation, special counterintelligence measures may be carried out in respect of individual persons, regardless of their citizenship, nationality, sex, official position, place of residence, membership in a public association, religious confession and political belief.

2. Operational-technical measures are carried out within the framework of counterintelligence activity and, as a rule, do not require a judge's order, except for the measures provided for by subparagraphs „d“ and „e“ of paragraph 2 of Article 9 of this Law, the carrying out of which is possible only by a judge's order.

Article 12. Electronic surveillance🔗

1. In order to carry out electronic surveillance, an authorized representative of the head of the special service applies to the Supreme Court of Georgia with a corresponding motion.

2. The motion on permission to carry out electronic surveillance shall contain:

a) substantiation of the grounds provided for by Article 10 of this Law for carrying out electronic surveillance;

b) substantiation that carrying out electronic surveillance is necessary for the protection of national security in a democratic society and that it is a means proportionate to the achievement of the aim;

c) substantiation that counterintelligence information cannot be obtained without carrying out electronic surveillance;

d) indication of the type of the requested electronic surveillance measure;

e) detailed data on the object/objects of electronic surveillance (not mandatory in the case of the measure provided for by subparagraph „b“ of paragraph 3 of Article 9 of this Law, if the aim of the measure is the identification of this object/objects);

f) detailed data on the technical identifier/identifiers of the communication equipment of the object/objects of electronic surveillance, the control of which shall be carried out within the framework of the electronic surveillance measure.

Law of Georgia of 1 November 2008 No. 484 - LHG I, No. 30, 07.11.2008, Art. 441

Law of Georgia of 22 March 2017 No. 477 - website, 27.03.2017

Article 13. Judge's order🔗

1. A judge of the Supreme Court of Georgia with the relevant authority shall be entitled, by order, to grant permission for the conduct of electronic surveillance, if there is a relevant objective ground and the requirements of Articles 10 and 12 of this Law have been fulfilled.

2. The judge shall consider a motion for permission to conduct electronic surveillance no later than 24 hours after its receipt at a closed court hearing, with the participation of an authorised representative of the head of the special service. The judge shall issue one of the following decisions, which is final and not subject to appeal:

a) issues an order on the conduct of the electronic surveillance measure;

b) issues a decision refusing to grant the motion.

3. The judge shall be entitled to request the provision of such information as is necessary for deciding the matter.

4. An order issued under this Article shall permit electronic surveillance for the period necessary to achieve its objectives, but not exceeding 90 days.

5. The period specified in paragraph 4 of this Article may be extended on the basis of a reasoned motion, in the same manner and on the same grounds as established for the initial order, each time for not more than 12 months.

6. The supervising judge who issues an order on the conduct of the electronic surveillance measure shall, in accordance with the procedure established by this Law, monitor the process of implementation of the measure.

7. The confidentiality protection regime shall apply to documents related to the granting of permission to conduct electronic surveillance (motion, order and others).

8. The order of the supervising judge shall contain the relevant particulars (order number; date and place of drawing up; the judge's first name and surname, signature (including electronic); the secrecy classification marking; seal). The operative part of the order of the supervising judge shall state:

a) the person who applied to the judge with a motion;

b) the direction on the conduct of the electronic surveillance measure;

c) the type of electronic surveillance measure;

d) data on the object(s) of electronic surveillance (not mandatory in the case of the measure provided for by subparagraph “b” of paragraph 3 of Article 9 of this Law, if the purpose of the measure is the identification of this object(s));

e) clearly identifiable data on the technical identifier(s) of the communication equipment of the object(s) of electronic surveillance, the control of which is to be carried out within the framework of the electronic surveillance measure;

f) the dates and time of commencement and completion of the measure;

g) where necessary, the place of implementation of this order;

h) the authorised body which is to execute this order;

i) the name of the special service to which the obtained information is to be made available and transferred;

j) where necessary, to whom the electronic surveillance measure applies;

k) other data necessary for the implementation of the measure.

9. The order of the supervising judge shall be drawn up in 3 copies, one of which shall remain with the Supreme Court of Georgia, while two shall be transferred to the authorized representative of the head of the Special Service (one of these copies shall be submitted to the authorized body).

Law of Georgia No. 477 of 22 March 2017 – website, 27.03.2017.

Article 14. Right to conduct an electronic surveillance measure without an order of the supervising judge🔗

1. In case of urgent necessity, when delay may cause the destruction of important factual data necessary for the purposes of counter-intelligence activity or make it impossible to obtain this data, the head of the special service has the right to take a decision on the commencement of the electronic surveillance measure without an order of the supervising judge. In such a case, the authorized representative of the head of the special service shall be obliged to immediately notify the court thereof and, within 24 hours from the commencement of the electronic surveillance measure, apply to it with a corresponding motion. This motion shall indicate the data provided for by paragraph 2 of Article 12 of this Law and the circumstances that gave rise to the urgent commencement of the electronic surveillance measure.

2. The supervising judge shall consider the motion provided for by paragraph 1 of this Article in accordance with the procedure established by paragraph 2 of Article 13 of this Law. If he/she does not issue an order granting the right to conduct the electronic surveillance measure, the electronic surveillance measure shall be immediately terminated, and the information obtained/received as a result of the electronic surveillance measure shall be destroyed.

3. The authorized body shall transfer the information obtained as a result of the electronic surveillance measure commenced in case of urgent necessity, in electronic or material form, to the authorized representative of the special service only on the basis of an order of the supervising judge on the conduct of the electronic surveillance measure. In order to take the decision provided for by paragraph 2 of this Article, the supervising judge has the right to request in writing from the authorized body the information obtained/received as a result of the electronic surveillance measure as of the moment of the request, in the form of an electronic copy. After reviewing this information, the supervising judge shall ensure its destruction in accordance with the established procedure.

4. On the basis of the decision provided for by subparagraph „b“ of paragraph 2 of Article 13 of this Law, the authorized body shall destroy the information obtained as a result of the electronic surveillance measure conducted in accordance with paragraph 1 of this Article in accordance with the procedure established by Article 14³ of this Law, which shall be noted in the record of the conduct of the electronic surveillance measure.

5. The authorized body shall immediately provide the electronic copy of the decision of the head of the special service provided for by paragraph 1 of this Article to the supervising judge through the electronic control system.

Law of Georgia of 22 March 2017 No. 477 - website, 27.03.2017.

Article 14¹. Implementation of the electronic surveillance measure🔗

1. The order of the supervisory judge or the decision of the head of the special service adopted in accordance with paragraph 1 of Article 14 of this Law shall be submitted to the authorized body in the established manner. The authorized body shall ensure the implementation of the electronic surveillance measure in the manner established by the legislation of Georgia.

2. The electronic surveillance measure shall be carried out for the term established by the order of the supervisory judge and shall be terminated upon its expiry.

3. The authorized body shall record the following data related to the implementation of the electronic surveillance measure: the type of electronic surveillance measure, the time of commencement and completion of the electronic surveillance measure, the object of the electronic surveillance measure, the technical identifier of the object of the electronic surveillance measure, the details of the order of the supervisory judge or of the decision of the head of the special service.

Law of Georgia of 22 March 2017 No. 477 – website, 27.03.2017.

Article 14². Familiarization with and processing of information obtained as a result of the electronic surveillance measure🔗

1. Familiarization with and processing of information obtained as a result of the electronic surveillance measure shall be carried out by the authorized body in specially allocated areas of restricted access, which must meet security requirements. The rule, procedure and conditions for entering such areas and for access to the monitoring system of the authorized body shall be determined by a normative act of the authorized body.

2. Information obtained as a result of the electronic surveillance measure shall, during the conduct of electronic surveillance, be sorted in such a manner as to ensure the separation and storage of information of value for the purposes of counter-intelligence activity from information of no value for the said purposes. Information of no value for the purposes of counter-intelligence activity shall be destroyed by the authorized body during the implementation of the electronic surveillance measure, with the established periodicity. The rule, procedure and complex of technical-organizational measures for sorting information obtained as a result of the electronic surveillance measure shall be determined by a normative act of the authorized body.

3. The authorized body and the special service shall be responsible for the proper protection of information obtained/received as a result of the electronic surveillance measure.

Law of Georgia of 22 March 2017 No. 477 – website, 27.03.2017.

Article 14³. Storage, issuance and destruction of information obtained/received as a result of an electronic surveillance measure by the authorized body🔗

1. Information obtained as a result of an electronic surveillance measure carried out on the basis of an order of a supervising judge shall be stored by the authorized body for 10 days from the completion or termination of the electronic surveillance measure. The Special Service shall, within the said period, ensure the removal of the obtained information from the authorized body. After the expiry of this period, the authorized body shall destroy the information obtained as a result of the electronic surveillance measure, which shall be noted in the record of the conduct of the electronic surveillance measure.

2. In case of urgent necessity, information obtained as a result of an electronic surveillance measure commenced without an order of a supervising judge shall be stored by the authorized body for 10 days from the completion or termination of the electronic surveillance. If within this period the order of the supervising judge granting the right to conduct the electronic surveillance measure is not submitted to the authorized body, the information obtained as a result of the electronic surveillance measure shall be destroyed, which shall be noted in the record of the conduct of the electronic surveillance measure.

3. The authorized body shall also ensure the destruction of the following information obtained/received as a result of the electronic surveillance measure and the reflection of information on its destruction in the record of the conduct of the electronic surveillance measure in the following cases:

a) information obtained/received as a result of an electronic surveillance measure carried out in case of urgent necessity − on the basis of the judgment of the supervising judge on refusal to grant the motion on the conduct of the electronic surveillance measure;

b) information obtained as a result of an electronic surveillance measure in the case provided for by paragraph 2 of Article 14² of this Law − if this information has no value for the purposes of counter-intelligence activity;

c) information obtained/received as a result of an electronic surveillance measure terminated on the ground provided for by subparagraph „b“ of paragraph 1 of Article 14⁴ of this Law − on the basis of an order of the supervising judge or a written request of the head of the Special Service.

4. Information obtained as a result of the electronic surveillance measure shall be transferred to the authorized representative of the Special Service. After the transfer of the electronic copy of the obtained information to the authorized representative of the Special Service, the authorized body shall ensure the destruction of the electronic copy of the transferred information, which shall be noted in the record of the conduct of the electronic surveillance measure.

5. The rule for the storage, issuance and destruction of information obtained/received as a result of the electronic surveillance measure shall be determined by a normative act of the authorized body.

Law of Georgia of 22 March 2017 No. 477 - website, 27.03.2017.

Article 14⁴. Termination and Suspension of Electronic Surveillance Measure🔗

1. An electronic surveillance measure shall be terminated if:

a) the specific task provided for by the order of the supervising judge on the electronic surveillance measure has been fulfilled;

b) circumstances have been established confirming that the fulfilment of the specific task provided for by the order of the supervising judge on the electronic surveillance measure is objectively impossible, or the implementation of the electronic surveillance measure is no longer of substantial importance for obtaining counter-intelligence information;

c) the time period for the implementation of the electronic surveillance measure has expired.

2. If the ground provided for by subparagraph “a” of paragraph 1 of this Article exists, the decision on early termination of the electronic surveillance measure shall be made by the head of the Special Service.

3. If the ground provided for by subparagraph “b” of paragraph 1 of this Article exists, the decision on early termination of the electronic surveillance measure shall be made by the head of the Special Service or the supervising judge. The decision of the head of the Special Service or the order of the supervising judge on early termination of the electronic surveillance measure shall also indicate the destruction or storage of the information received/obtained as a result of the electronic surveillance measure.

4. An electronic surveillance measure may be suspended by the supervising judge through the electronic control system if:

a) there is no order of the supervising judge on conducting the electronic surveillance measure;

b) an electronic copy of the decision of the head of the Special Service on the implementation of the electronic surveillance measure in case of urgent necessity has not been submitted through the electronic control system.

5. The authorized body shall draw up a protocol after the completion or termination of the electronic surveillance measure. The protocol shall note the legal basis for the implementation of the electronic surveillance measure, the time of commencement and completion of the measure, the object/objects of electronic surveillance and the technical identifier/identifiers of this object/objects, the corresponding type of electronic surveillance measure and the technical means used in its implementation, the place of implementation of the measure, details on the information obtained as a result of the measure, and information on the destruction of the information received as a result of the electronic surveillance measure.

6. During the course of the electronic surveillance measure, if necessary, an interim protocol on the implementation of the electronic surveillance measure may be issued.

7. One copy of the protocol on the implementation of the electronic surveillance measure shall remain with the authorized body, while two copies shall be transferred to the authorized representative of the Special Service, who shall ensure the submission of one copy to the supervising judge in accordance with paragraph 2 of Article 14⁵ of this Law.

Law of Georgia of 22 March 2017 No. 477 - website, 27 March 2017.

Article 14⁵. Control by the supervising judge over the electronic surveillance measure🔗

1. The supervising judge has the right to demand from the Special Service the submission of information on the progress of the electronic surveillance measure and of information obtained as a result of the electronic surveillance measure. The supervising judge reviews the received information at a closed court hearing, with the participation of an authorized representative of the head of the Special Service. Based on the received information, the supervising judge has the right to issue an order on the termination of the electronic surveillance measure, if the judge considers that there exists the ground provided for by subparagraph „b“ of paragraph 1 of Article 14⁴ of this Law.

2. After the completion of the electronic surveillance measure, a report on the information obtained as a result of the electronic surveillance measure and a copy of the relevant record drawn up by the authorized body shall be submitted to the supervising judge.

Law of Georgia of 22 March 2017 No. 477 - website, 27 March 2017.

Article 14⁶. Exercise of control by the supervising judge🔗

1. The implementation of the measure provided for by subparagraph „a“ of paragraph 3 of Article 9 of this Law shall be controlled by the supervising judge:

a) through the electronic control system, by verifying the legal basis for the implementation of the electronic surveillance measure;

b) through the special electronic control system, by comparing the logging data of initiated/executed orders with the legal bases.

2. Activities carried out in the central data bank on the basis provided for by Article 14⁷ of this Law shall be controlled by the supervising judge through the electronic control system of the central data bank, by verifying the legal basis for the processing of these data.

3. When exercising the control provided for by paragraph 1 of this Article, the supervising judge shall also be entitled to review those activities, relevant legal documents and logging data provided through the electronic control system and the special electronic control system which are carried out on the basis of Article 143³ of the Criminal Procedure Code of Georgia.

4. When exercising the control provided for by paragraph 2 of this Article, the supervising judge shall be entitled to review those activities, relevant legal documents and logging data provided through the electronic control system of the central data bank which are carried out on the basis of Article 136 of the Criminal Procedure Code of Georgia and subparagraph „a“ of paragraph 3 of Article 7 of the Law of Georgia „On Operative-Investigative Activity“.

5. The supervising judge shall have the right to require written explanations from the authorized body in relation to individual issues identified in the control process and, on the basis of these explanations, to take a decision on initiating the relevant legal procedures.

6. The supervising judge shall control the stationary technical capability of real-time geolocation determination through the special electronic control system. When exercising the said control, the supervising judge shall also be entitled to review those activities, relevant legal documents and logging data provided through the special electronic control system which are carried out on the basis of Article 143³ of the Criminal Procedure Code of Georgia.

7. If the supervising judge is unable to exercise the power conferred on him/her by this Law, the power of the supervising judge shall be exercised by another judge of the Supreme Court of Georgia designated by the Chairperson of the Supreme Court of Georgia.

Law of Georgia of 22 March 2017 No. 477 - website, 27.03.2017.

Article 14⁷. Request of information from the authorized body🔗

1. The authorized representative of the head of the Special Service shall have the right to apply to the Supreme Court of Georgia with a motion on requesting electronic communication identification data from the authorized body. The supervising judge shall consider this motion in accordance with the procedure established by paragraph 2 of Article 13 of this Law and shall issue one of the following decisions, which is final and not subject to appeal:

a) issues an order on requesting information from the authorized body;

b) issues a decision on refusal to grant the motion.

2. The judge's order provided for by subparagraph "a" of paragraph 1 of this Article shall contain the relevant requisites (order number; date and place of drawing up; judge's name and surname, signature (including electronic); secrecy classification stamp; seal). The operative part of the judge's order shall indicate:

a) the person who applied to the judge with the motion;

b) the instruction on requesting information from the authorized body;

c) detailed data on the communication equipment through which the electronic communication was carried out, the identification data of which is to be requested;

d) the name of the Special Service to which the requested information is to be transferred;

e) the authorized body which is to execute this order;

f) other data necessary for requesting the information.

3. The judge's order provided for by paragraph 1 of this Article shall be drawn up in 3 copies, one of which remains in the Supreme Court of Georgia, and two are transferred to the authorized representative of the head of the Special Service (one of them shall be submitted to the authorized body).

Law of Georgia of 22 March 2017 No. 477 - website, 27.03.2017.

Article 14⁸. Transfer to an authorized investigative body of information obtained as a result of a special counter-intelligence activity measure🔗

1. Information obtained as a result of a measure provided for by paragraph 2 (except subparagraphs „f“ and „g“) or paragraph 3 of Article 9 of this Law may be transferred to an authorized investigative body by decision of the head of the special service.

2. The head of the special service shall take the decision provided for by paragraph 1 of this Article if:

a) the purpose of transferring to an authorized investigative body information obtained as a result of an electronic surveillance measure is the investigation of a crime provided for by subparagraph „a“ of paragraph 2 of Article 143³ of the Criminal Procedure Code of Georgia or the commencement of an investigation of a crime;

b) the transfer of information obtained as a result of an electronic surveillance measure is conditioned by an urgent public need, is necessary in a democratic society for the achievement of a legitimate aim − to ensure national security or public security, to prevent disorder or the commission of a crime, to protect the interests of the country's economic well-being or the rights and freedoms of other persons, and is a suitable and proportionate means of achieving this aim;

c) the information to be transferred is of substantial importance for the investigation or for the commencement of an investigation and it is impossible to obtain it by other means or it requires unjustifiably great effort.

3. The information provided for by paragraph 1 of this Article may be used as evidence for the purposes of the Criminal Procedure Code of Georgia if it meets the requirements of Article 78 of the same Code.

Law of Georgia of 22 March 2017 No. 477 - website, 27.03.2017.

Article 14⁹. Destruction of information obtained as a result of an electronic surveillance measure🔗

1. Information obtained as a result of an electronic surveillance measure which no longer has value for the performance of the tasks provided for by Article 3 of this Law and shall not be transferred to an authorized investigative body shall be destroyed by an authorized representative of the head of the special service in the presence of a supervisory judge. A record on the destruction of this information shall be drawn up, which shall be signed by the supervisory judge and the authorized representative of the head of the special service. This record shall be transferred to the supervisory judge.

2. The special service shall be obliged to check, at established intervals, the value of information obtained as a result of an electronic surveillance measure for the performance of the tasks provided for by Article 3 of this Law.

Law of Georgia of 22 March 2017 No. 477 - website, 27.03.2017.

Article 14¹⁰. Notification of a person🔗

1. The Special Service shall be obliged to notify a person in writing about the conduct of an electronic surveillance measure in respect of him/her after such notification no longer poses a threat to the purpose for which the electronic surveillance measure was conducted. Together with this information, the person shall be provided with the order of the supervisory judge on the conduct of the electronic surveillance measure in respect of him/her, data on the information obtained as a result of the electronic surveillance measure and information on its destruction, as well as the material on the basis of which the supervisory judge adopted the relevant judgment, and the right to appeal this judgment and to claim compensation for damage in accordance with the procedure established by the legislation of Georgia shall be explained to him/her.

2. Notification of a person about the conduct of an electronic surveillance measure in respect of him/her shall be inadmissible if non-notification is necessary for the protection of the interests of national security and the democratic order, or if the disclosure of the information obtained as a result of the electronic surveillance measure or of the methods used to obtain it poses a threat to the performance by the Special Service of the tasks provided for by Article 3 of this Law.

3. The decision on written notification of a person about the conduct of an electronic surveillance measure in respect of him/her shall be taken by the head of the Special Service, taking into account the circumstances defined by paragraphs 1 and 2 of this article.

Law of Georgia of 22 March 2017 No. 477 – website, 27.03.2017.

Article 15. Consensual electronic surveillance🔗

1. The Special Service is entitled, with the written consent of one of the parties to the electronic communication, to conduct electronic surveillance aimed at obtaining counter-intelligence information.

2. The duration of such surveillance shall be not more than 90 days. The term shall be extended by the same procedure as that by which the initial right was obtained.

Article 16. Control of postal correspondence🔗

In order to conduct control of postal correspondence, the head of the Special Service shall apply to a judge for an order by the same procedure as in the case of electronic surveillance.

Article 17. Use of television cameras and other types of electronic devices🔗

For the purposes of counter-intelligence activity, the head of the Special Service is entitled to issue a permit for the use of television cameras and other types of electronic devices in public gathering places.

Article 18. Covert participation🔗

For the purposes of counter-intelligence activity, the head of the Special Service is entitled to issue a permit for covert participation in the activity of an organisation if:

a) there is a proper basis that the organisation participates in intelligence and/or terrorist activity directed against Georgia for a foreign country's representation or proceeding from its interests;

b) covert participation is important for the effective control of the activity of this organisation.

Article 19. Creation of a conspiratorial organization🔗

For the purposes of counter-intelligence activity, the head of a special service is entitled to issue, within the framework of legislation, permission to create a conspiratorial organization.

Article 19¹. Grounds for carrying out an individual monitoring measure and a strategic monitoring measure🔗

An individual monitoring measure and a strategic monitoring measure shall be carried out on the basis of this Law and the Law of Georgia "On the Legal Entity of Public Law — the Operational-Technical Agency of Georgia".

Law of Georgia of 22 March 2017 No. 477 – website, 27.03.2017.

Article 20. Guarantees of legal and social protection of employees of special services🔗

1. Employees of special services shall be covered by the guarantees of legal and social protection of the employees of those services in which they are enrolled.

2. No one shall be entitled to interfere in the lawful actions of an official carrying out counter-intelligence activity and of a special service, except for a person authorized by law to do so.

3. An official of a state institution and of a military unit, when a special measure of counter-intelligence activity is being conducted, shall, within the scope of his/her competence, provide assistance to the special service.

4. Compliance with a lawful request of a special service shall be mandatory for all natural and legal persons.

Article 21. Assistance by citizens to special services🔗

1. Individual persons may, with their own consent, be engaged in the preparation or conduct of special measures of counter-intelligence activity. These persons shall be obliged to keep secret the information which they learned during the preparation or conduct of these measures, not to knowingly provide false information to the special services, and not to use this connection for their own interests.

2. Special services may conclude contracts only with adult, capable persons, regardless of their citizenship, nationality, sex, social and official status, language, education, membership of a public association, political belief and religious confession.

3. Special services shall be prohibited from using, on the basis of a contract, the confidential assistance of a member of the Parliament of Georgia, members of the Constitutional Court and the Supreme Court of Georgia, the Public Defender of Georgia, a judge, a prosecutor, an attorney, an investigator, and other officials provided for by Article 48 of the Constitution of Georgia.

Law of Georgia of 5 September 2018 No. 3391 – website, 24.09.2018.

Article 22. Guarantees of Legal and Social Protection of Citizens Assisting Special Services🔗

1. Persons assisting special services shall be protected by the State.

2. If, on the ground of assisting special services, a real threat of unlawful infringement of life, health or property arises for individual persons, as well as for their family members and relatives, these services shall be obliged to take the necessary measures to avert such threat.

3. Information about persons who cooperate or cooperated with special services on a confidential basis constitutes a state secret; its disclosure may be made only with the written consent of these persons or their heirs, or in cases directly provided for by law.

4. A person who cooperates with special services shall have the right to receive remuneration.

5. The State guarantees to a person who has consented to cooperate with special services on the basis of a contract that the obligations provided for by the contract will be fulfilled.

6. Where necessary, for the purpose of ensuring the safety of a person who cooperates with special services, as well as of his/her family members and relatives, special measures for their protection shall be carried out in accordance with the procedure established by the legislation of Georgia.

Article 23. Financial Support of Counter-Intelligence Activity🔗

Financial resources shall be allocated to special services from the State Budget of Georgia for counter-intelligence activity, which shall be spent in accordance with the procedure established by the legislation of Georgia.

Article 24. Parliamentary Control🔗

1. The Parliament of Georgia shall exercise parliamentary control over counter-intelligence activity in the form and manner provided for by the Constitution of Georgia and the Rules of Procedure of the Parliament of Georgia.

2. Members of the Parliament of Georgia may receive information protected by law on counter-intelligence activity in accordance with the procedure established by the legislation of Georgia.

Law of Georgia of 6 December 2018 No. 3896 – website, 14.12.2018.

Article 25. Judicial Control🔗

In the process of counter-intelligence activity, those operational-technical measures that are related to the restriction of the constitutional rights and freedoms of natural and legal persons shall be carried out by a court judgment and in accordance with the procedure established by legislation.

Article 26. Governmental Control🔗

The head of the service exercising coordination of counter-intelligence activity shall be obliged to submit a report to the President of Georgia and the Prime Minister of Georgia at least once a year.

Law of Georgia of 20 September 2013 No. 1158 – website, 08.10.2013.

Article 27. (removed)🔗

Law of Georgia of 1 November 2008 No. 484 - LHG I, No. 30, 07.11.2008, Art. 441

Law of Georgia of 22 March 2017 No. 477 - website, 27.03.2017.

Article 28. Budgetary Control🔗

The use and expenditure of the financial resources allocated from the State Budget of Georgia for the counter-intelligence activities of special services and of other material and valuable assets of the State shall be supervised by a special group of the State Audit Office, whose members have access to state secrets.

Law of Georgia of 22 June 2012 No. 6550 – website,

29.06.2012

Article 29. Transitional Provisions🔗

1. The Government of Georgia shall, before 1 January 2014, adopt the following resolutions:

a) "On the rules for the organisation of unified counter-intelligence activity in the country and for the coordination of the activities of special services";

b) "On the rules for the exchange of information between the special services carrying out counter-intelligence activity, as well as other bodies of state authority, proceeding from the interests of ensuring state security, and for the maintenance of an information bank".

2. Before the moment of taking the oath by the President of Georgia elected as a result of the next presidential elections of October 2013, the subordinate normative acts and/or their parts issued on the basis of this Law which contradict this Law shall lose legal force upon the entry into force of the respective normative act provided for by paragraph 1 of this Article.

Law of Georgia of 20 September 2013 No. 1158 – website, 08.10.2013.

Article 30. Final Provision🔗

This Law shall enter into force upon publication.

President of Georgia Mikheil Saakashvili

Tbilisi,

11 November 2005.

No. 2097-IIs