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THE LAW ON THE STATE
INTELLIGENCE SERVICES AND THE
NATIONAL INTELLIGENCE ORGANIZATION
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Law Number: 2937 Date of Ratification: 1/11/1983
SECTION I
General Rules, Organization and Duties
CHAPTER I
Objective, Content and Definitions
Objective :
Article 1 - The objective of this Law is to organize the principles and methods regarding the procurement and handling of the State Intelligence as well as the ones regarding the organization, duties and functions of the Turkish National Intelligence Organization.
Definitions
Article 2 - The definitions of the terms used in this Law are as follows:
a) The MIT : Abbreviation for the Turkish National Intelligence Organization
b) MIT Member: The personnel and other employees of the MIT who have been charged with fulfilling the duties mentioned in this Law or in the regulations issued under this Law.
c) MIT personnel;
1. The officials employed in the MIT,
2. The officers employed in the Turkish Armed Forces, but are assigned to various duties in the MIT,
3. The personnel who are employed in the MIT under contract.
CHAPTER II
Organization, Duties, Powers and Responsibilities
Organization
Article 3 - The Undersecretariat of the Turkish National Intelligence Organization has been established, being directly subordinate to the Prime Minister.
The Undersecretariat of the Turkish National Intelligence Organization consists of the office of the Undersecretary, the offices of the Deputies of Undersecretary, Directorates, Divisions and Branches as well as the other units.
The Turkish National Intelligence Organization is directed by the Undersecretary.
The Headquarters and field units of the Turkish National Intelligence Organization are arranged by regulation according to necessity.
The Turkish National Intelligence Organization is directed by the Undersecretary.
The Headquarters and field units of the Turkish National Intelligence Organization are arranged by regulation according to necessity.
The Duties of the Turkish National Intelligence Organization
Article 4 - The duties of the Turkish National Intelligence Organization are as follows:
a) to procure national security intelligence on immediate and potential activities carried out in or outside the country targeting the territorial and national integrity, existence, independence, security, Constitutional order and all elements that constitute the national strength of the Republic of Turkey, and to deliver this intelligence to the President, the Prime Minister, the Secretary General of the National Security Council and to the relevant institutions;
b) to meet the intelligence needs and requirements of the President, the Prime Minister, the Secretary General of the National Security Council and of the relevant Ministries in formulation and implementation of the plans regarding the national security policy of the State;
c) to make proposals to the National Security Council and the Prime Minister on directing the intelligence activities of public institutions;
d) to provide consultancy in technical issues regarding the intelligence and counter intelligence activities of public institutions and to provide assistance in the establishment of coordination between them.
e) to deliver the information and intelligence, the General Staff deems necessary for the Armed Forces, to the Headquarters of the General Staff;
f) to carry out other duties determined by the National Security Council;
g) to carry out counter-intelligence activities.
The Turkish National Intelligence Organization can not be assigned with duties other than those listed above and can not be led to carry out activities other than intelligence regarding the national security of the State. The duties, powers and responsibilities of the Turkish National Intelligence Organization are determined by a regulation approved by the Prime Minister.
Duties and Responsibilities of The Ministries and Other Public Institutions
Article 5 - The duties of the Ministries and other public institutions regarding the State Intelligence are as follows:
a) Regarding their own fields of work ;
1. to produce the intelligence their duty necessitates,
2. to procure the information and intelligence the
MIT asks for,
3. to carry out counter-intelligence activities.
b) to transmit immediately any information and intelligence regarding the national security to the MIT.
The Ministries and other public institutions are obliged to provide every possible assistance and facility to the members of the MIT in the performance of their duties.
The National Intelligence Coordination Board (NICB) has been established under the presidency of the Undersecretary of the MIT, with the aim of formulating the basic views on guiding the intelligence activities and on establishing coordination for the fulfillment of the above-mentioned duties and responsibilities by the Ministries and other public institutions.
The Board convenes every three months with the participation of the Secretary General or the Deputy Secretary General of the National Security Council, the Head or the Deputy Head of General Staff Intelligence Department, the Undersecretaries of the Ministries, the relevant authorities of the public institutions, the relevant Heads of Directorates of the MIT and the other public authorities invited by the Undersecretary of the MIT.
The Undersecretary of the MIT may, when necessary, call the Board for an extraordinary session.
The detailed working principles and authorities of the National Intelligence Coordination Board are defined by regulations.
Powers :
Article 6 - The Turkish National Intelligence Organization is authorized to;
a) establish direct contact with the directors and the officials in charge of the intelligence activities of the Ministries and other public institutions on directing, producing intelligence and on counter-intelligence matters, and to apply convenient coordination methods,
b) access and establish contact with the archives and electronic data processing centers on the matters that are included within its scope of duty.
Those members of the MIT, who shall be given the rights and authorities of the security forces while performing their duties, are specified in the regulations.
Responsibilities :
Article 7 - The Undersecretary of the MIT is responsible to the Prime Minister in performing the duties mentioned in Article 4 of this Law and is not accountable to any person or office other than the Prime Minister.
CHAPTER III
State of Emergency, Martial Law, Mobilization or State of War
Article 8 - In cases of State of Emergency, Martial Law, Mobilization or State of War, the relations of The Turkish National Intelligence Organization with the Turkish Armed Forces and other public offices and institutions are to be arranged by a regulation that would be issued by the Cabinet, after consulting the National Security Council.
Under such circumstances, the necessities such as additional personnel, any kind of technical equipment, fuel, weapons, war materials, equipment and clothes, buildings and facilities are to be identified in the plans prepared beforehand jointly by the Defense, Interior and other relevant Ministries, public institutions and the MIT.
The MIT members who are called up in case of a declaration of general mobilization or a state of war, shall be charged within the MIT.
SECTION II
Positions of Employment, Personnel and Financial Provisions
CHAPTER I
Positions of Employment and Personnel Affairs
Cadre
Article 9 - The actual positions of employment within the Turkish National Intelligence Organization is determined every year by the Undersecretariat of the Turkish National Intelligence Organization and approved by the Prime Minister.
The Officials and The Personnel Working Under Contract
Article 10 - The officials employed in the MIT cadres are subject to Law 657on the Government Officials, with the exception of the special provisions mentioned in this Law.
The fields of employment for the personnel working on contractual basis, the terms of the contract, the minimum and maximum wages they will be paid and the medical issues are to be arranged by the regulations regardless of the provisions on the personnel working under contract in the Article 4 of Law 657 on the Government Officials.
The wages paid to the retired personnel who will be employed in the MIT under contract does not necessitate cutting off the pension wages allocated by other social security institutions.
Military Personnel:
Article 11 - The class, rank, title and number of the officers, non-commissioned officers, civilian officials, petty-officers and privates who are originally employed in the Turkish Armed Forces but will be appointed to various duties in the MIT are determined every year jointly by the Turkish General Staff and the Undersecretariat of the Turkish National Intelligence Organization.
The decision of the Cabinet, as stipulated in Article 124 of the Law 926 on the Turkish Armed Forces Personnel, is not a prerequisite for the appointment of the officers and non-commissioned officers to the MIT.
The MIT decides in accordance with their expertise and its own needs, where and how to assign the officers and non-commissioned officers who have been appointed to the MIT by the Turkish General Staff within the framework of the relevant provisions.
In accordance with the provisions of the legislation in effect, the rations allocated to the personnel who are originally employed in the Turkish Armed Forces but appointed to the MIT are paid out of the budget of the Ministry they are affiliated with. However, should the total amount of the net rations paid to their equivalents in the MIT exceeds the amount paid to these officers, the difference between these amounts is paid to these officers as a compensation and as a net income.
Special Provision Regarding The Personnel
Article 12 -In addition to the general provisions regarding the duties, powers and responsibilities of the MIT personnel, that personnel's qualifications, replacements and terms of duty, the principles of rotation, means and conditions of employment within the Organization and expulsion/discharge from the Organization are also arranged by regulations.
Appointment Procedures :
Article 13 - The appointment of Undersecretary of the Turkish National Intelligence Organization is made by the proposal of the Prime Minister and approval of the President, after it is discussed at the National Security Council.
The Deputy Undersecretaries of the Turkish National Intelligence Organization and the Heads of Directorates are appointed by the proposal of the Prime Minister and approval of the President upon the nomination of the Undersecretary of the Turkish National Intelligence Organization.
The other personnel are appointed by the Undersecretary of the Turkish National Intelligence Organization.
These appointments are not issued in the Official Paper and are kept confidential.
Resignations :
Article 14 - Those MIT personnel, who resign, or regarded as resigned within the first five years of their employment, can not work as a government official for five years from the day their association with the MIT officially terminates.
The provisions of the amended Article 97 paragraph (D) of the Law 657 on the Government Officials are reserved.
The Imperative Expenditures
Article 15 - The MIT members shall be paid in accordance with the amount and principles defined in the regulations on covering the imperative expenses emerged in the course of their missions.
These expenditures are subject to the provision of the Article 77 of the Law 1050 on General Accounting.
Service Compensation
Article 16 - MIT personnel receive up to seventy-five percent of the gross salary of the highest paid government official (including additional indicators) as "Service Compensation." The Prime Minister decides which personnel will receive this compensation and in what proportion, according to the personnel's duties, powers, responsibilities and qualifications by taking the recommendation of the Undersecretariat of the MIT into consideration.
Those who are sent abroad on a permanent duty do not receive this compensation.
The provisions related with salaries of Law 657 on Government Officials apply in determining the eligibility for and the payment of this compensation.
This compensation is exempt from all types of taxation except stamp duty.
Those benefiting from this compensation are not eligible for the Special Service Compensation as described in Law 657 on Government Officials. However, if the amount of the compensation specified in Law 657 is higher than the one calculated according to this Article, the personnel shall be paid the Special Service Compensation under Law 657.
Pecuniary Compensation
Article 17 - The rules governing pecuniary compensation are as follows:
(a) The provisions of Law 2330, dated 03.11.1980 on Pecuniary Compensation and Appropriation of Salaries shall apply if a current or former member of the MIT is subject to an attack due to his affiliation to the MIT, and is wounded, maimed or killed thereof.
(b) A compensation, in addition to those specified in the general provisions, is paid to those who become invalid due to wounds or illnesses they acquire while on duty. In case of death, this compensation shall be paid to his widow and children, or his needy parents, or his siblings who are among his dependents under the Law. The amount of this compensation shall not exceed an amount equivalent to ten times the gross salary of the highest paid government official.
(c) Those who are benefiting from one of these compensations shall not be eligible for another.
The rules concerning the assignment of pecuniary compensation are stated in the relevant regulations.
Medical Services
Article 18 - Members of the MIT, their spouses, their parents provided that they are dependent on them, and those children who are eligible for family-aid appropriations may benefit from all medical facilities belonging to public institutions for all their consultation and treatment needs. The consultation and treatment expenses are met from the MIT's budget. The rules governing consultation and treatment procedure are determined by the regulations. MIT members who have been injured or who have become ill while on duty may receive treatment abroad under the clauses of the general provisions.
Transfer to Another Institution
Article 19 - MIT personnel may be transferred to other public institutions upon the Undersecretary's recommendation and the Prime Minister's approval if they are deemed by their superiors inappropriate for the MIT in the light of the MIT's special status and duties.
CHAPTER II
FINANCIAL PROVISIONS
Budget
Article 20 - Sufficient funds are allocated in a special section of the Prime Ministry's budget to cover the MIT's expenditures.
If the allocated funds prove to be insufficient to meet all expenses within the fiscal year, the Ministry of Finance shall give priority to the allocation of more funds to the MIT.
The Undersecretary of the MIT has the authority to decide on where to spend these funds.
The Undersecretary may transfer this authority with his written consent.
The funds to be allocated for the MIT in the Prime Ministry's budget are determined in a secret meeting of the legislative body's relevant commission.
The principles and methods governing the preparation of the MIT's budget are dictated by the relevant regulations.
Covert Service Expenses
Article 21 - The Undersecretary of the MIT is responsible to account for covert service expenses to the Prime Minister.
Implementation of the Budget
Article 22 - The MIT's spendings are not subject to Law 1050 on Public Accounting and Law 2886 on Government Bids and the annexes and amendments thereof.
The procedures regarding the implementation of the budget are specified by regulations.
Allocation of Foreign Currency and Exemptions
Article 23 - In case of necessity and urgency, allocation of foreign currency will be effected without considering the regular import quota for the MIT for the acquisition of all types of weapons, equipment, instruments and materials.
Those weapons, equipment, instruments and materials are exempt from all taxes and duties regardless of their means of acquisition.
Purchase of Vehicles
Article 24 - The Undersecretariat of the MIT is not subject to Articles 4, 5 and 6 of Law 237 on Vehicles.
As stipulated in Article 10 of the same Law, the type and quantity of vehicles to be purchased, either locally or from abroad shall be determined with the Prime Minister's approval.
CHAPTER III
MISCELLANEOUS PROVISIONS
Bearing Arms
Article 25 - Members of the MIT may carry their personal or inventoried firearms everywhere, including residential areas.
Penal Procedures
Article 26 - Initiation of penal procedures for crimes that members of the MIT have allegedly committed due to or during the fulfillment of their mission is subject to the Prime Minister's approval.
Penal Provisions
Article 27 - Those persons who obtain documents and information concerning the MIT's duties and operations shall receive two to eight years of imprisonment with hard labor, unless the action they commit necessitates a more severe punishment.
If the crime specified in the previous paragraph has been committed due to simple negligence or through the facilitation of a person in possession or in the knowledge of such documents or information due to his current or former employment, the perpetrator shall be sentenced with imprisonment with hard labor for a term of one to five years.
The person who reveals the contents of such documents and information or discloses the documents or information themselves will be sentenced to imprisonment with hard labor for a term of no less than five years, unless the crime necessitates a more severe punishment. If the crime has been committed due to the offender's negligence, the term of imprisonment shall be six months to two years.
If the crime of disclosure has been committed through publication, the penalty will be increased by fifty percent.
Obstructing the Exercise of Powers
Article 28 - The provisions of the Turkish Penal Code shall be applied to those who obstruct the exercise of the powers specified in this Law due to negligence or with intent.
Testimony
Article 29 - The testimony of members of the MIT may be heard with the Undersecretary's permission in case the mission's secrecy or National interests require it.
Exceptions
Article 30 - Personnel of the MIT, working at the Headquarters or field units are not subject to the Law on the Organization and Responsibilities of the Ministries.
Doctors employed at the MIT are not subject to the provisions of Law 2517 on The Mandatory Government Employment of Some Medical Staff. However, physicians and expert doctors each have to work at the MIT for four uninterrupted years.
Actual Service Year Augmentation
Article 31 - MIT personnel receive a service year augmentation of three months for every year they have worked starting from their date of joining the organization as per Article 32 of Law 5434.
Regulations
Article 32 - The regulations that are to be issued as provided for under various articles of this Law shall be prepared by the MIT Undersecretariat within six months following the issuance of this Law and shall come into effect with the Prime Minister's approval. These regulations shall not be publicized in the Official Paper.
Annulment
Article 33 - Law 644 on The National Intelligence Organization, with all its supplements and amendments have been annulled.
Temporary Article 1 - The MIT's structure shall be reorganized on the date of publication of this Law. New positions to be staffed shall be created according to the requirements of the new organizational structure. Already existing positions shall be retained and financial allocations shall be continued to be made for these positions until the acquisition and appointment of new personnel for the new positions.
At the date of issuance of this Law, all ratifications regarding the appointment of National Intelligence Services personnel as government officials shall include the already working personnel for one time only.
Temporary Article 2 - The actual service year augmentation for National Intelligence Services employees for previous years to be calculated and added to their actual service years in accordance with Article 31 shall be paid by the organization . In doing that the pension premium deductions for each year to be added and the counters corresponding to these premiums shall be taken into consideration.
Temporary Article 3 - Until the time when the regulations provided for under this Law come into effect, those regulations issued in accordance with Law 644 will remain in force, provided that they do not conflict with the provisions of this Law.
Validity
Article 34 - This Law shall come into effect as of January 1, 1984.
Execution
Article 35 - The provisions of this Law shall be executed by the Council of Ministers.
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