LAW ON INTELLIGENCE ORGANIZATION
 

LAW ON INTELLIGENCE ORGANIZATION

July 8, 1999 Ulaanbaatar


CHAPTER ONE
General Provisions


    Article 1. Purpose of the Law

   1.1. The purpose of this law is to determine the framework, organizational structure, and the basic principles of operation of Mongolian Intelligence Organization (hereinafter “Intelligence Organization”), and to regulate relations concerning procedures of serving in intelligence organizations and legal status of the intelligence officer. 

   Article 2. Legislation on Intelligence Organization

   2.1. The legislation on Intelligence Organization shall constitute of the Constitution of Mongolia, Law on Intelligence Operations, and other legal acts adopted in conformity with this law.

    Article 3. Definitions

   3.1. The following terms shall have the following meanings in this law:

      3.1.1. “Foreign Intelligence activity” means a comprehensive activity directed at collecting and analyzing information on adversary policy, activity, and capability of foreign counties and their organizations against Mongolian national interest, and at supporting Government policies and activities relating to ensuring national security.

      3.1.2. “Counter-Intelligence activity” means an activity to uncover, thwart, and prevent espionage and other activities conducted by foreign intelligence services, organizations and citizens, and crimes prescribed by the law to the General Intelligence Agency.

      3.1.3. “Foreign Intelligence Service” means an organization and its subdivisions and units tasked in conducting intelligence operation or certain intelligence activities.

      3.1.4. “Intelligence Method” means set of measures employed by intelligence service aimed to gather confidential and other information and evidences significant for implementing its objectives.

      3.1.5. “Intelligence” means information and evidence gathered by intelligence service using covert means based on its objectives.  

      3.1.6. “Covert Means” means methods employed to gather information and evidence. 

      3.1.7. “Cover” means to conceal an activity to implement the objectives of the intelligence operation by using different organization, person, activity, identification, and other items.

      3.1.8. “Clandestine Operative” means an officer of intelligence service working undercover in other organizations.

      3.1.9. “Agent” means a person covertly working with competent organizations conducting intelligence operation.

      3.1.10. “Contracted Assistant” means a person covertly working with competent organizations conducting intelligence operation based on contract and reward.

   Article 4. Intelligence Organization

   4.1. Intelligence Organization means an organizational framework aimed to ensure Mongolian national security by means of intelligence method.

    Article 5. Principles of Operation of the Intelligence Organization
 
   5.1. The main principles of operations of Intelligence Organization are to respect the rule of law, human rights and freedoms, have unified and centralized leadership, ensure secrecy, combine overt and covert means of operations, and rest upon the support of organizations and citizens, cooperating with  them, exploiting latest scientific, technical, and information technology advancements.

   5.2. Exploiting latest scientific, technical, and information technology advancements, stated in Article 5.1., means as follows:

            5.2.1. Intelligence organization shall uphold to national interests, and be separate from political parties and group or private interests while performing its duties stated in this law.   

            5.2.2. Intelligence organization shall employ scientific, latest technical and information technology advancements and discoveries in its activities of collecting intelligence information and ensuring national security.

            5.2.3. Intelligence shall be provided with special transportation vehicles, special devices, information and data base, and engineering infrastructure for their service and production sufficient for performing its duties fully.

    Article 6. Ensuring Human Rights and Freedoms in Activities of the Intelligence Organization

   6.1. Intelligence Organization is prohibited from infringing and limiting human rights and freedoms except in cases provided in the law.

   6.2. Citizen or legal entity has the right to file complaint to the direct commanding authority and organization of officer of the Intelligence Organization if they regard their rights were unlawfully violated by the officer.

   6.3. Complaints filed by citizen or legal entity to Intelligence Organization shall be settled accordingly to the law.   

   6.4. If officer of the Intelligence Organization has violated rights, freedom, and interests bestowed by law of citizens or legal entities unlawfully, the Intelligence Organization itself, prosecutor or court has responsibility to restore the citizen or entity’s violated rights, recover the damage suffered and to charge the guilty personnel according to the law. 

   6.3. Personal information exposed during the process of intelligence operation that may harm person’s reputation and legal interests shall only be disclosed at the discretion of that person except in cases provided in the law.


   Article 7. Budget of the Intelligence Organization 

   7.1. Intelligence Organization shall be financed from the state budget and the state shall ensure the economic resources for the organization’s operation. The budget of the Intelligence Organization shall be sufficient to enable the organization to implement its objectives.

   7.2. The budget for the operations of the Intelligence Organization shall be approved by the State Great Khural as a special item based upon the proposal by the Special Supervisory Sub-Committee.

   7.3. The budgets of Military and Border Intelligence Organizations shall be included within the budget of the Intelligence Organization. 

Article 8.  Assisting the Intelligence Organization

    8.1. Government and non-government organizations, economic entities, and citizens shall render necessary to the Intelligence Organization and its officers for performing its functions. Intelligence Organization shall be responsible for the expenses and property damages occurred as a result of the assistance.

   81 Cooperation with Government entity and authority

   81.1. Government entity and authority shall cooperate with the Intelligence Organization in forms of providing information and assistance necessary for ensuring national security.

   81.2. Government entity has responsibility to provide the Intelligence Organization necessary information it may hold and to allow access to its database with hindrance and charge.

   81.3. Government entity and authority are prohibited to disclose any information relating to the Intelligence Organization, its personnel, and cover obtained while performing its duties.

   81.4. Provincial, Capital, County, and District Governors have responsibility to provide necessary assistance to the activities of the Intelligence Organization within their respective area of authority.

   81.5. The Government and National Security Committee shall inform the General Intelligence Agency matters relating national security for its proposals before they are to be discussed.

 

CHAPTER TWO

Framework, Function and Rights of the Intelligence Organization

    Article 9. Framework of the Intelligence Organization

   9.1. The framework of the Intelligence Organization shall be composed of central intelligence organization (hereafter referred as the “General Intelligence Agency”) and its central and regional subdivisions and units.

    Article 10. General Intelligence Agency and its Functions

   10.1. General Intelligence Agency is the Government agency which has an objective to coordinate operations of Intelligence Organizations, and formulate and implement policy to ensure national security by means of intelligence method.

   10.2. The State Great Khural shall pass resolution to establish, alter, and dissolve the General Intelligence Agency, and its regulations shall be approved by the Government.

   10.3. The subdivisions and units under the jurisdiction of the General Intelligence Agency shall be established by the Government resolution accordingly to its principles of jurisdiction and objectives.

   10.4. The General Intelligence Agency shall consist of main functions of foreign intelligence, counter intelligence, economic intelligence, military-strategy intelligence, border intelligence, and supportive functions of information analysis, information security, investigation, as well as of administrations.

   10.5. Military Intelligence Department of the General Intelligence Agency has the responsibility to provide the High Command of the Mongolian Armed Forces with military-political and military-strategic information, and its functional regulations shall be approved jointly by the Director of the General Intelligence Agency and the Commander of the General Staff of the Armed Forces.

   10.6. Border Intelligence Department of the General Intelligence Agency has the responsibility to provide the High Command of the Border Protection Agency with intelligence information on border area situations, and its functional regulations shall be approved jointly by the Director of the General Intelligence Agency and the Director of the Border Protection agency.

   10.7. The General Intelligence Agency, within its structure, may establish school, research, and scientific institution, special archive, service and logistics unit, internal guard, special trained and purpose units, as well as special training and sports rehabilitation centers.

   10.8. The General Intelligence Agency shall have its own symbol. The prototype of the symbol and its procedures of use shall be approved by the Director of the General Intelligence Agency.   

   10.9. The General Intelligence Agency shall use seal, stamp, and official form.

   10.10. The General Intelligence Agency shall conduct the following functions:

       10.10.1.  to conduct foreign intelligence operations;
 
       10.10.2.  to conduct counterintelligence operations;
 
       10.10.3.  to fight against the crimes prescribed by the law;
 
       10.10.4.  to conduct economic intelligence operations;
 
       10.10.5.  to process information related to ensuring national security and present it to the concerned organizations and officials;
 
       10.10.6.  to conduct military-strategic and border intelligence operations;
 
       10.10.7.  to fight against terrorism;   
 
       10.10.8.  other functions specified in the law.

 

 Article 11. Duties of the General Intelligence Agency

   11.1. General Intelligence Agency shall carry out the following duties:

       11.1.1. To collect, gather, analyze, and evaluate intelligence related to protecting Mongolian interests and ensuring national security, and inform the Prime Minister of Mongolia, other members of the National Security Council, and state competent organizations and public officials specified in this law, and implement Government policy and decisions.
   
       11.1.2. To uncover and thwart espionage and other acts conducted by foreign intelligence services, citizens, and agents.
   
       11.1.3. To prevent, uncover, and thwart activities that endanger the national economic security.

       11.1.4. To reveal, suit, and investigate crimes prescribed by the law to the General intelligence Agency, and search for its offenders and suspects. 

       11.1.5. To preserve the security of the Mongolian border, armed forces, and other military forces by means of intelligence operations within the limit of rights. 

       11.1.6. To ensure the security of the state information and communication systems and fight against cybercrimes.
 
       11.1.7. To prevent Mongolian organizations, economic entity, and citizens abroad from being targeted by the activities of foreign intelligence services. 

       11.1.8. To prevent serious disruption of objects critical to the national economy and to conduct co-operation with competent organizations to determine the cause of the disruption and severe infectious diseases of humans, livestock, and plants.

       11.1.9. To provide professional support to the activities of and work with the organization authorized to conduct Intelligence operations. 

       11.1.10. To form a policy regarding ensuring national security through intelligence methods and to implement it.

       11.1.11. To coordinate, supervise, and provide with professional management the efforts of preserve, protect, and utilizing governmental sensitive materials on the national basis.

       11.1.12. To enforce intelligence operations related law and regulations through means prescribed in the law.

       11.1.13. To set up technical capability to fulfill lawful requests of the organizations specified in the Articles 9.1.2 through 9.1.6. of the Intelligence Operations Law to conduct surveillance on communications network.

       11.1.14. To study international and regional military, political situation, and potential risks, to prevent, thwart threats, and to provide political and armed forces leaders with related information.

       11.1.15. To provide the high command of the border protection agency with information regarding situations of border areas.

       11.1.16. To coordinate and supervise encrypted communications and cryptology activities on the national basis, and carry out governmental encrypted communications in and outside of the territory of Mongolia.

       11.1.17. Other duties specified in the law.   


   Article 12. Rights of the General Intelligence Agency

 

   12.1. General Intelligence Agency shall have the following rights:
   
        12.1.1. To conduct surveillance and covert search, track postal communication, intercept communication and information network, operate technical devices of intelligence operations, polygraph devices and other means in order to implement the objectives specified in the law.

        12.1.2. To obtain information and evidence from government and non-government organizations, economic entity, and public officials and citizens necessary for carrying out the duties specified in the law.

        12.1.3. To acquire technical devices of the intelligence operations and authorize its use and transportation through national border. To seize, confiscate, transfer, and rescind technical devices of the intelligence operations used by unauthorized organizations, public officials, and citizens for private purpose.

        12.1.4. To enter organizational, business, and residential premises, question public officials and citizens, verify identification, conduct physical, property, and vehicle search accordingly to the regulations stated in the law, and withhold all evidences and properties linked to the violation of the crimes prescribed by the law to the General Intelligence Agency.

        12.1.5. To search and detain persons suspected of the crimes prescribed by the law to the General Intelligence Agency.

       12.1.6. To establish and operate front organization and economic entity.

       12.1.7. To use address, identification, official uniform, and other items of different organization as a cover in order to conceal objects and specific activities of Intelligence Organization.

       12.1.8. To conduct research and analysis, and recruit, engage, and receive support from professional organizations and experts.

       12.1.9. To supervise the implementation of the legislation on the use, possession, and transportation of explosive, radioactive, toxic substances, and illegal drugs and firearms that endanger the security of the general population and ecological system.

       12.1.10. To take measures to ensure the safety of the organization and the staff.

       12.1.11. To work together with Foreign Intelligence services and organizations based upon the principles of equity, mutual respect, and non-intervention. 

       12.1.12. To ensure the safety of the organizations and economic entity without discriminating based on its forms of property, and provide professional support for the preservation of the business confidentiality. 

       12.1.13. To purchase information on matters relating to the functions of the Intelligence Organization.

       12.1.14. To approve procedures related to the implementation of the articles relevant to the legislation on ensuring national security within the limit of rights in accordance with the law.

       12.1.15. To issue warning to citizens and necessary requirements to follow for government and non-government organizations, and economic entity for the purpose of neutralizing the cause and condition of the uncovered crime and violation exposed during the process of the implementation of the intelligence operation specified in the law.

      12.1.16. To coordinate activities of governmental and regional administrative organizations against terrorism.

      12.1.17. To deliver its recommendations to the concerning authority regarding deportation of foreign citizen threated national security of Mongolia.

      12.1.18. To coordinate, within its rights given by the law, activities of the organizations authorized conducting intelligence organizations.     

      12.1.19. To submit its recommendations and assessments to the Governmental meetings, if subjects being discussed or decisions being made are related to national security.

      12.1.20. Not to be entitled to provide explanations or evidence on its recommendations and assessments that are related to ensuring national security of Mongolia.

      12.1.21 Other rights described in the law.

    Article 13. Military Intelligence Organization

   13.1. Military Intelligence Organization is a military organization with main objective to provide the high authorities of the Mongolian Armed Forces with military-political and military-strategic intelligence.

   13.2. The Government, based on the consent of the Commander-in-Chief of the Armed Forces, shall establish, alter, and dissolve Military Intelligence Organization.

   13.3. The procedures of the Military Intelligence Organization shall be approved by the joint resolutions of the Chief of the General Staff of the Armed Forces and the Director of the General Intelligence Agency.

   13.4. Military Intelligence Organization shall follow the respective articles in this law when performing its activities.

   (This Provision was repealed by the Law of 9 July 2015.)

    Article 13¹. Border Intelligence Service    

   13.1. Border Intelligence Service shall implement the main objective of providing the high authorities of Border Defense Organization with intelligence on conditions of the border area.

   13.2. Minister of Justice and Internal Affairs shall approve the structure and the number of personnel of the Border Intelligence Service.

   13.3. The procedures of the Border Intelligence Service shall be approved by the joint resolutions of the Director of the Border Defense Organization and the Director of the General Intelligence Agency.

   13¹.4. Border Intelligence Service shall follow the respective articles in this law when performing its activities.

   (This Provision was repealed by the Law of 9 July 2015.)
 

CHAPTER THREE

Management of the General intelligence Agency and Its Powers

   Article 14. Management of the General Intelligence Agency

   14.1. The Prime Minister of Mongolia, with the consent of the President of Mongolia, shall appoint a citizen of Mongolia, who for the last five years, fifteen years in total, has served the civil service, as the Director of the General Intelligence Agency for the period of six years, and shall dismiss him or her.

   14.2. The General Intelligence Agency shall be commanded by its Director based on principles of unified leadership, and the advisory council shall be employed under the Director of the General Intelligence Agency. 

   14.3. The Director and the Deputy Director of the General Intelligence Agency shall be dismissed in the following circumstances:

      14.3.1. If personal request has been submitted;

      14.3.2. If the individual has become no longer able to carry out the duties due to health conditions;

and

      14.3.3. If the period specified in the law has expired. 

   14.4. If the Director and Deputy Director of the General Intelligence have been found guilty of criminal offences by the court, he or she shall be suspended from the post henceforth the day.

   14.5. Abstaining or suspending the Director and Deputy Director of the General Intelligence Agency from duty for the reasons not specified in the law shall be forbidden.

   14.6. If the Director and Deputy Director of the General Intelligence Agency have been appointed precipitously, the appointed shall serve for the period specified in the Articles 14.1. and 15.2. of this law.

    14.7. If the Director and Deputy Director of the General Intelligence Agency have been found guilty of crime, or have been arrested for the basis described in the Article 24.4. of this law and the General Prosecutor has submitted request of suspension to the Government, a decision shall be made within 14 days.

 

   Article 15. Powers of the Director of the General Intelligence Agency

   15.1. In addition to the powers specified in the Law on Intelligence Operations, the Director of the General Intelligence Agency shall exercise the following powers:

      15.1.1. To provide the central organization with operational, and its subdivisions and units with unified authorities.

      15.1.2. To determine organizational structure, staffing, salary fund, and salary system and amount of the officer, and to appropriate money within the approved budget.

      15.1.3. To issue instruction of the intelligence operations in conformity with the law and organize activities to supervise the implementation.

      15.1.4. To authorize the use of covert means accordingly to the Law on Intelligence Operations.

      15.1.5. To make decisions to acquire, possess, operate, and utilize technical devices of intelligence operation.

      15.1.6. To provide the President of Mongolia, the Chairman of the State Great Khural, and the Prime Minister with information relating the matters of ensuring the national security, and to participate in the National Security and Government meetings to advise, inform, and express positions of the central intelligence organization.

      15.1.7. To supervise the activities of General Intelligence Agency and Intelligence officers, and to organize activities to ensure their safety.

      15.1.8. To represent General Intelligence Agency on relations with domestic and foreign organizations.

      15.1.9. To appoint and dismiss Intelligence officers and to confer military rank.

      15.1.10. To make decision to establish and dissolve front organization, and to direct and supervise its activities.

      15.1.11. To submit proposal to the Government regarding the number of undercover personnel in the government organizations.

      15.1.12. To issue resolution and instruction on internal affairs of General Intelligence Agency.  

      15.1.13. To keep unified record of technical devices of intelligence operation, and to adopt regulations regarding its utilization in consent with the General Prosecutor.

      15.1.14. To employ citizen of Mongolia, through contract, in positions of the intelligence organization that require special profession, knowledge, ability or experience.

      15.1.15. To design and implement program to train and improve knowledge and abilities of the officers of the intelligence organization.

      15.1.16. To plan and supply the human resources needs of the intelligence organization.

      15.1.17. To appoint the Director of the Military Intelligence Department in consent with the Commander of the Joint Staff of the Armed Forces.

      15.1.18. To appoint the Director of the Border Intelligence Department in consent with the Director of the border protection organization.

      15.1.19. Other powers specified in the law.

       
   15.2. In the absence of the Director of the General Intelligence Agency, all rights shall be vested in a Deputy Director. The Government, as proposed by the Director of the General Intelligence Agency, shall appoint and dismiss a citizen of Mongolia, who for the last five years, ten years in total, served in the civil service and has extensive knowledge and experience of intelligence operations, as the Deputy Director of the General Intelligence Agency for the period of 6 years, and shall dismiss him or her.

   Article 16. Oversight of Activities of the Intelligence Organization

   16.1. The State Great Khural, through its appropriate sub-committee, shall monitor the implementation of legislation on activities of Intelligence Organization, and receive report and information from the Director of the Intelligence Organization.

   16.2. The President of Mongolia, as the head of the National Security Council, shall receive report and information from the Director of the Intelligence Organization when necessary, be informed of its activities, and assign duties related to the matters of ensuring national security based on the decisions of National Security Council.

   16.3. The Prime Minister of Mongolia shall receive information from the Director of the General Intelligence Agency, determine the course for ensuring national security during the fiscal year, and assign duties to gather information and evidence significant for formulating and implementing government policy, and fight against the crimes prescribed by the law.

   16.4. The internal supervision and security unit of the General Intelligence Agency is responsible for preventing officers of the intelligence organization committing crimes and offences, violating ethical, disciplinary, self-interest principles, eradicating the offence’s precondition, and supervising the efforts of preserving and protecting the state and organization secrets.         

CHAPTER FOUR

Legal Status of the Intelligence Organization Officer


   Article 17. Intelligence Organization Officer

   17.1. Government intelligence official who has taken an oath provided by this law and carrying out intelligence operation or equal to that is an intelligence officer.

   17.2.    The Prime Minister of Mongolia, as recommended by the Director of the General Intelligence Agency, shall adopt the procedure of examine, select, and trying a citizen for the post of an intelligence officer.    


   17.3. (The provision was repealed by the law of January 20, 2000)
    (The provision was changed by the law of May 30, 2003)

   17.4. Intelligence officer shall use military rank and uniform.

   17.5. Presiding officers of the Intelligence Organization may be conferred high military rank. 

   17.6. The term of performing intelligence and identical duty shall be equated to service in the military. The Government shall approve the condition and regulation for such service. 

   17.7. The Government, on the recommendation of the Director the General Intelligence Agency, shall determine the list of operations and positions equal to intelligence service.

   17.8. Legal status of the administration and service personnel of the Intelligence Organization shall be regulated by the law on Government Organizations, Law on Labor, and other legislative acts.

   Article 171. Power and Duties of Intelligence Officer 

   171.1. Intelligence officer has the following duties:

      171..1.1. to carry out lawful orders and commands given by the directly commanding officer, and to reject to carry out unlawful orders and commands;

      171..1.2. to carry out intelligence operations and activities within the norms of law, regulation and rules;  

      171..1.3. to carry out activities to ensure security of its agent and contracted assistant, including their family in case of necessity;             

      171..1.4. to not to use the information and evidence, that are acquired or revealed in the process of carrying out one’s duty, for personal or political purposes;

      171..1.5. to not to provoke others into committing crime during carrying out intelligence operations and activities;

      171..1.6. to safeguard the governmental, organizational, and private secret that are acquired through conduct of official duty;

      171..1.7. and other duties specified in the law.

   171..2. Intelligence officer has the following rights:

      171..2.1. to freely enter, accordingly to the regulations stated in the law, business and private premises and grounds, border crossings and restricted areas, customs and other special protected areas while performing official duties;

      171..2.2. to enter organizational, business, and residential premises, question public officials and citizens, verify identification, conduct physical, property, and vehicle search accordingly to the regulations stated in the law, and temporarily withhold all evidences and properties linked to the violation of the crimes prescribed by the law to the General Intelligence Agency until they are settled;

      171..2.3. to acquire boarding tickets of air and rail transportation without queue in case of official necessities, and if no tickets are available, to arrange transportation in that vehicle through competent authority;

      171..2.4. to utilize cover documents and other means in order to conceal the activities of oneself, agent, and contracted assistant;

      171..2.5. to report of immediate or possible danger against oneself or family members to the direct commanding authority, and receive protection;

      171..2.6.  to use firearms, special Devices and physical force under the conditions specified in the law while performing official duties;

      171..2.7. and other rights specified in the law.    


    Article 18. The Oath of Intelligence Officer

    18.1. Citizens of Mongolia shall swear the following oath to enter into intelligence service:

    ‘’I, the citizen of Mongolia, am swearing to endeavor myself selflessly, will respect the State rule of law, ensure state and official secret, and fairly honor obligations and ethical norms of intelligence officer. If I welsh on this oath, I shall be held accountable under the law.”
 
    18.2. The President of Mongolia shall approve the procedures of taking oath of the intelligence officer.

    Article 19. Ethical Requirements for Intelligence Officer

    19.1. Intelligence officer has a duty to implement the decisions made by the authorities of the Intelligence Organization. The decisions of the authorities of the Intelligence Organization shall be in conformity with legislative acts and Provision 19.2. of this law.

    19.2. In addition to the provisions specified in the Laws on Government Organization and Anti-Corruption, the following are prohibited for intelligence officer: 

        19.2.1. To Infringe and limit human rights and freedoms.
   
        19.2.2. To intend to subdue and frighten using the name of the Intelligence Organization and his/her position.

        19.2.3. To use his/her position and subordinates for private purpose. 

        19.2.4. To transmit, publicize, and inform information to others regarding his/her occupation without the special permission from the authority.

        19.2.5. To carry out additional duty concurrently for salary except in cases provided in the law.
 
        19.2.6. To strike, and to plan and organize measures directed at disturbing the normal activities of the Intelligence Organization, and to participate in such events.

        19.2.7. To travel abroad without the permission of the authorized officials of the Intelligence Organization within 2 years following the discharge and dismissal from the service, or while performing his/her duty.

        19.2.8. Other prohibitions provided in the law for government officials. 

    Article 20. Responsibility of Intelligence Officer

   20.1. If the Intelligence officer violates legal and ethical requirements, he/she shall be subject to the sanctions specified in this and other laws.  

    Article 21. Disciplinary Punishment for Intelligence Officer

    21.1. The following disciplinary punishments shall be imposed upon Intelligence Officer:

         21.1.1. Warning; 
         21.1.2. Reduction in base salary by up to 20 percent for up to 3 months;
         21.1.3. Demotion of the military rank;
         21.1.4. Demotion of the employee rank;
         21.1.5. Discharge from the Intelligence Service;

    21.2. The Government shall approve the regulation concerning disciplinary code.

    Article 22. Salary for Intelligence Officer 

    22.1. The salary of the Intelligence officer shall consist of base salary and bonus specified under the Provision 28.2.3 of the Law on Government Service.

    22.2. The Government shall determine the special condition allowance and bonuses for the length of government service in addition to the base salary of the Intelligence officer.

 

    22.3. The Government, by proposal of the Director of the General Intelligence Agency, shall determine the intelligence organization’s employment classification, ranking, and wage standard.


    Article 23. Vacation for Intelligence Officer
 
    23.1. Intelligence Officer shall receive 15 working days of vacation every year.

    23.2. Additional 2 working days shall be added to the vacation for every 5 years of government service.

    Article 24. Guarantees for Intelligence Officer Conducting its Operation

    24.1. Intelligence officer shall not be assigned duties not prescribed by the law. 
 
    24.2. Citizens and officials shall abide by legal and ethical requirements within the scope of rights of Intelligence officer without regarding jurisdiction.

    24.3. Arresting and detaining the Director, Deputy Director of the General Intelligence Agency, without permission of the Prime Minister of Mongolia, and intelligence officer, without permission of the Director of the General Intelligence Agency, and conducting physical, property, office, and vehicle searches are prohibited.

    24.4. If the Director or Deputy Director of the General Intelligence Agency has been arrested while committing a crime, or at the crime scene with credible evidence of the crime, the Prime Minister of Mongolia, if an intelligence officer has been arrested in such manner, the Director of the Intelligence Agency shall be notified within 24 hours.

    24.5. If intelligence officer is required to give testimony at court as a witness or victim pertaining classified information that is related to official duties, permission of the Director of the General Intelligence Agency is required.

    24.6. Government shall be responsible for the damages  caused by the wrongdoing of intelligence officer during the process of implementing his/her duty in approved manner, organizing measures of intelligence operation, filing a crime, and conducting investigation. 

    24.4. Government shall be responsible for the damages caused by the wrongdoing of intelligence officer during the process of implementing his/her duty in approved manner, organizing measures of intelligence operation, filing a crime, and conducting investigation. 

    24.5. Authorized officer assigned duty shall be responsible for the damages occurred due to the implementation of the duty in an approved manner by the intelligence officer. 

    24.6. Unauthorized organizations and officials are prohibited from interfering with the activities of intelligence officer.

    24.7. Intelligence officer shall be provided with other guarantees specified in the law.

    Article 25. Discount and Compensation for Intelligence Officer  


   25.1. Intelligence officer working on border shall be subject to the Provisions 36.4 and 36.6 of the Law on Border.

   25.2. Intelligence officer unable to continue to work due to his/her identity being revealed while on duty or other reasonable excuses shall be provided with assistance on acquiring different occupation and profession, and Intelligence Organization shall render assistance to the officer relocating. The government shall be responsible for other related expenses.

   25.3. Intelligence Organization shall be responsible for expenses of meal occurred during night shift and increased level of readiness, and food and supplies during the training.

   25.4. The expenditures for transportation used by intelligence officer while carrying his/her duty shall be reimbursed by Intelligence Organization. 

   25.5. If the spouse of the Intelligence Officer is forced to resign from his/her current job as a result of Intelligence Officer being assigned to work in different location, Intelligence Organization shall provide the spouse with the benefit equal to the average monthly salary of the Intelligence Officer.

   25.6. Intelligence Organization shall provide the Intelligence officer and his/her spouse with round-trip auto and train fares based on its current market prices once in every two years.

   25.7. Officer of the Intelligence Organization shall receive other discounts and compensations specified in the law.  
   
    Article 26.  Pension, Benefit and Assistance for Intelligence Officer

   26.1. Relations concerning pension and benefit for Intelligence Officer shall be regulated according to the Law on Pension and Benefit for Military Personnel.  

   26.2. Regulations concerning benefit for Intelligence Officer who is performing special duty to infiltrate into foreign intelligence service and organization, and criminal organizations.

   26.3. Intelligence Officer has a right to receive other assistance specified in the law.

    Article 27. Use of Firearms, Special Devices and Physical Force

   27.1. Intelligence Organization and Intelligence Officer may use firearms, special devices, and physical force under the conditions specified in this law.
 
   27.2. Regulations concerning the use of firearms, special devices, and physical force shall be approved by the Director of the General Intelligence Agency with the consent of the Minister of Justice and Internal Affairs.  

   27.3. Intelligence Officer shall prevent crimes and other legal offenses, and to arrest and detain the offender, and use physical force and fighting techniques to carry out the duties when other means are unable.

   27.4. Intelligence Organization and Intelligence Officer shall use the following special devices to fight against the crimes prescribed by the law and to carry out the duty to protect. 

        27.4.1. Various special devices;
        27.4.2. Special devices for stopping vehicles;
        27.4.3. Special devices for protection.

   27.5. Intelligence Officer may use firearms in the following situation where other means are unable to be utilized to prevent criminal activities:

        27.5.1. Assault by a person, which may endanger the life and cause serious damage to the health of intelligence officer, agent, and contract agent;

       27.5.2. Group assault or use of weapons to break into the protected objects of the Intelligence Organization;

       27.5.3. Escape of the person suspected of serious crimes prescribed by the law to the General Intelligence Agency.

   27.6. The use of firearms must be preceded by a warning in any cases.

   27.7. If a person is killed or injured as a result of the use of firearms by Intelligence Officer, immediate measures shall be taken to provide urgent medical care to the victim and to report to the superior who then shall report directly to the prosecutor. 

   27.8. List of firearms and special devices to be used by Intelligence Organization for protection shall be approved by the Director of the General Intelligence Agency.

    Article 28. Intelligence Officer on Duty

   28.1. In addition to the regular work hours of duty, Intelligence Officer shall be considered on duty when commuting between home and work.
 

CHAPTER FIVE
Other Provisions

    Article 29. Legal Obligation

   29.1. Those in violation of the Law on Intelligence Organization shall be subject to criminal, administrative, and disciplinary sanctions. 
 

CHAIRMAN OF THE STATE GREAT KHURAL        
                                                                                                                                                    R.100

GONCHIGDORJ