ON STATE SPECIAL PROTECTION

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

The purpose of this Law is to determine the legal basis of the state special protection, its scope, and the organization implementing the protection, and to regulate relations in connection with the state special protection activities.

Article 2.Legislation on State special protection

Legislation on special state protection shall consist of the Constitution, the Law on National Security, this Law, and other legislative acts issued in conformity with them.

/This article was amended by the law as of December 27, 2001/

Article 3.State special protection

State special protection is the interrelated complex activities of professional and other organizations and officials aimed at protecting state bodies, some of their activities, officials, citizens' lives, palaces, houses, designated housing, vehicles, and other objects, which are determined by law to be under special state protection in order to ensure their security.

Article 4.The principle of state special protection

State special protection shall be based on the principles of the rule of law, respect for human rights and freedoms, strict confidentiality, and comprehensiveness.

Article 5.Definition of terms of the Law

1.Terms used in this Law shall be understood in the following meanings:

1/"person to be protected" means an official or citizen determined to receive special protection by the state according to the laws and international treaties of Mongolia;

2/"subsequent protection" means the personal protection of the person to be protected;

3/"external protection" means the protection organized openly by state special protection forces in a certain environment and territory in order to protect the protection of the person to be protected when he/she participates in entertainment, services, public and other events, and when he/she travels in the Capital city or local area;

4/"covert protection" means the protection that is created in a covert manner in accordance with the environment where the persons under special protection work, live and stay, travel road and direction where they travel in order to protect the security of the respective person;

5/"convoy protection" means the security provided by the state special protection forces inside the convoy in order to protect the person to be protected from external attacks and potential accidents while traveling by motor vehicle;

6/"state special protection zone" shall mean the specific environment and territory of buildings and other objects under special protection of the state, which are designed for external protection.

CHAPTER TWO

SCOPE AND DEGREE OF STATE SPECIAL PROTECTION

Article 6.Officials and citizens under state special protection

1.The following officials and citizens shall be under state special protection:

1/the President of Mongolia, the Chairman of the State Great Khural of Mongolia, the Prime Minister of Mongolia;

2/the acting Chairman of the State Great Khural, and the acting Prime Minister;

3/A citizen who has served as the President of Mongolia, the Chairman of the State Great Khural of Mongolia, or the Prime Minister of Mongolia for the period specified by law;

/This sub-paragraph was amended by the law as of December 13, 2007/

4/During the period from the date of the election campaign for the candidate for the President of Mongolia until the official results of the election are announced, and from the date of nomination of the candidate for the position of the Prime Minister of Mongolia until the official decision is issued;

/This sub-paragraph was amended by the law as of July 9, 2015/

5/The head of state or government of a foreign country visiting Mongolia, a high-ranking guest with personal protection.

2.In the event that there may be an external danger to the lives of his/her spouse and minor children in connection with the official duty of the protected person specified in sub-paragraph 1 of paragraph 1 of this Article, they may be temporarily taken under state special protection until the situation is resolved.

3.On behalf of the interests of Mongolia's security, the Government shall decide on the issue of subjecting officials and citizens to special state protection other than those specified in paragraphs 1 and 2 of this article.

/This paragraph was amended by the law of July 9, 2015/

4.Officials and citizens under the special protection of the state shall respect this Law and the rules, procedures, and instructions issued in compliance with it.

5.In the event that a citizen or official being under the special protection of the state has been subjected to preventive detention measures in connection with a crime, or in the event that the judge issued the ordinance by considering that it is necessary to further detain and prosecute as the accused, during the continuing period of taking the preventive detention measures, his/her supplies other than salary and allowances, services and special state protection shall be suspended.

/This paragraph was added by the law as of July 9, 2015/

6.If a citizen or an official being under state special protection is proven to have committed a crime and the court's sentence becomes effective, his/her supplies other than salary and allowances, services, and special state protection shall be suspended during the period of imprisonment or arrest.

/This paragraph was added by the law as of July 9, 2015/

Article 7.Meetings, sessions, and other events to be under state special protection

1.Sessions of the State Great Khural, Government and National Security Council, international summits, negotiations, conferences and meetings shall be under state special protection.

2.It shall be prohibited to violate the order established by the competent authority in the hall where meetings, sessions and other events are taking place and in its environment.

Article 8.Buildings, vehicles and other objects to be under state special protection

1.The following buildings and vehicles shall be subject to state special protection:

1/Mongolia's State Palace, President's Palace, House, designated housing of the Chairman of the State Great Khural and the Prime Minister, State mansion, hotel for high-ranking foreign guests;

2/vehicle being carried by the person to be protected and a vehicle intended for use.

2.The Government shall approve the list of other objects that are necessary to be under state special protection.

3.It shall be prohibited to enter the state special protection zone, protected buildings, and other objects without permission by persons except competent officials and/or competent state protection officer, or to enter with weapons or special devices, or to assemble military and technical forces in their environment.

Article 9.Level of state special protection

1.State special protection shall have the following levels depending on the scope, force and situation:

1/the first level;

2/the second level;

3/the third level;

4/the fourth level.

2.Officials and citizens to be under special state protection shall belong to the following levels:

1/the first-level state special protection shall be dedicated for the President of Mongolia, the Chairman of the State Great Khural, the Prime Minister, the head of state or government of a foreign country visiting Mongolia, and a high-ranking guest who came under his/her own protection;

2/the second-level state special protection shall be dedicated for the Acting Chairman of the State Great Khural, Acting Prime Minister, Candidate for the Presidential Election of Mongolia, high-ranking foreign guest visiting Mongolia;

3/the third-level state special protection shall be dedicated for the citizens who have served as the President of Mongolia, the Chairman of the State Great Khural, the Prime Minister, candidates for the position of Chairman of the State Great Khural and the Prime Minister, other officials and citizens who receive special state protection in accordance with the laws and international treaties of Mongolia;

/This sub-paragraph was amended by the law as of July 9, 2015/

4/the fourth-level state special protection shall be dedicated for the spouses and minor children of persons to be protected specified in sub-paragraph 1, paragraph 1, Article 6 of this Law, and officials specified in paragraph 3 of Article 6 of this Law, their spouses, and minor children during the circumstances specified in the law temporarily.

/This sub-paragraph was amended by the law as of July 9, 2015/

3.The Government shall approve the size of the power tools appropriate to the specifics of each level of protection and the procedure for regulating them in compliance with the specific conditions of protection.

CHAPTER THREE

STATE SPECIAL PROTECTION ORGANIZATION, ITS RIGHTS AND DUTIES

/The title of this chapter was amended by the law as of May 14, 2020/

Article 10.State special protection organization

/This article was modified by the law as of May 14, 2020/

1.The State special protection organization /hereinafter referred to as "State special protection agency"/ shall be a government coordinating agency that implements the state special protection functions within the scope of the powers provided by law.

2.The State special protection agency shall have protection, service, administration, training, special purpose and analytical units, and its organizational structure shall be established by the Government in accordance with the principle of comprehensiveness of state special protection.

3.The State special protection agency shall have a flag and emblem. The Government shall approve the design the flag and emblem and procedure on use of them.

4.The State special protection agency shall use seals, stamps, and official letterhead format made in accordance with the established procedures.

5.As for the head of the State special protection agency, a Mongolian citizen who has worked in the special service of the state for at least 16 years, including at least 5 years in the state special protection service, and has experience in management and professional work, in addition to the general requirements stipulated in the Law on Civil Service, shall be appointed and dismissed by the Government as recommended by the Prime Minister upon consultation with members of the National Security Council.

6.High military rank may be granted to the senior official of the State special protection agency.

7.The State special protection agency shall be financed from the state budget.

8.The budget of the State special protection agency shall be reviewed and recommended by the Special Control Subcommittee of the State Great Khural, and approved by the State Great Khural.

Article 11.Rights and duties of the State special protection agency

1.The State special protection agency shall exercise the following rights:

1/to receive assistance and cooperation from the police, domestic army, emergency central and local organizations when the situation becomes difficult, such as the occurrence of disorder, disaster, or sudden accident in the buildings, other objects, and in their environment, under special protection of the state;

/This sub-paragraph was amended by the laws as of January 16, 2014 and July 9, 2015/

/This sub-paragraph was amended by the law as of February 9, 2017/

2/to establish procedures and regimes for entry into state special protection zones, buildings and other objects under special state protection;

3/to obtain information and research related to the conditions of protection work from the state bodies, administrative organs, mass organizations, business entities, and officials in order to protect the security of the person to be protected, buildings, and other objects under special state protection;

4/to temporarily stop or change the direction of pedestrian and vehicle traffic in order to protect the security of the person to be protected;

5/to be presented its officers when checking passengers and their luggage  travelling together with the person as specified in sub-paragraph 1 of paragraph 1 of Article 6 of this Law, and if necessary, other persons to be protected, by plane or train in the local area, as well as during the customs inspection of passengers on the territory of Mongolia departing together with the person to be protected when he/she is traveling abroad, in order to protect the security of them, respectively;

6/to be examined and analyzed whether the explosive or poisonous substances exist or not in the souvenirs and other objects delivered from domestic and abroad by the professional and relevant organizations;

7/in case of necessity, to examine and inspect  the meal, food products, transportation means, and services with the participation of a professional organization, and report the results to the relevant authorities;

8/to cooperate and exchange information with foreign state protection organizations;

9/to conduct technical examinations and inspections at the halls to be held the sessions of the State Great Khural, meetings of the Government and National Security Council, international summits, negotiations, meetings, and conferences, as well as the palaces, houses, designated apartments, vehicles and temporary accommodation, and offices, which are designated by law to be under special protection of the state.

/This sub-paragraph was added by the law as of May 14, 2020/

2.The State special protection agency shall have the following duties:

1/to protect the security of the sessions of the State Great Khural, the meetings of the Government and the National Security Council, international summits, negotiations, conferences, and consultations;

2/to provide with subsequent or personal protection to the person to be protected;

3/to organize external and covert protection in order to ensure the security of the person to be protected;

4/to protect the State Palace;

5/to take the state special protection zones, buildings, and other objects under the protection of the sectoral guard protection;

6/to provide with the serving personnel and food products to the person to be protected as specified in sub-paragraphs 1 and 5 of Paragraph 1 of Article 6 of this Law;

7/to provide the person to be protected with the designated means of transportation;

8/to ensure security by conducting engineering and technical examinations and inspections in cooperation with relevant organizations at the buildings, transportation means, other objects, and their environment under special protection of the state;

9/to inform and present the measures being taken to ensure the security of the person to be protected;

10/to ensure the security of the organization and its employees.

/This sub-paragraph was added by the law as of July 9, 2015/

Article 12.Powers of the Head of the State Special Protection agency

/This article was modified by the law as of May 14, 2020/

1.The head of the State special protection agency shall exercise the following powers:

1/to present proposals to the Government with respect to the preparation of human resources, provision of weapons and equipment, and strengthening of the state special protection agency, and to organize the implementation of the decisions made;

2/to approve the rules, procedures, and instructions to be adhered to in the state special protection activities in accordance with the legislation, and ensure their implementation;

3/to issue a permit for technical examination and inspection specified in sub-paragraph 9, Paragraph 1, Article 11 of this Law;

4/to dispose of the approved budget in accordance with established procedures, and supervise its performance;

5/to appoint and release an employee, to grant military ranks to him/her, or to reduce, confiscate, and restore it, to reward, and impose ethical and disciplinary liability on him/her, in accordance with the grounds and procedures specified in the law;

6/to coordinate the activities of other organizations being involved in state special protection, and make joint decisions and implement them;

7/to interact with domestic and foreign organizations on behalf of the organization.

CHAPTER FOUR

THE STATE SPECIAL PROTECTION OFFICER AND CHARACTERISTICS OF HIS/HER LEGAL STATUS

Article 13.State special protection officer

1.A citizen who takes the oath of a state special protection officer and performs protection duties shall be called a state special protection officer. A state special protection officer shall be a special officer of the State.

/This paragraph was amended by the law as of July 9, 2015/

2.A citizen of Mongolia,who has reached the age of 20meets health, physical and ethical requirements, has appropriate education and work experience, has no criminal record, shall be employed in the state special protection service.

3.State special protection officers shall wear military ranks and uniforms.

/This paragraph was added by the law as of May 14, 2020/

4.The Government shall approve the procedure for the selection and probationary employment of citizens for the position of state special protection service, based on the proposal of the Head of the State special protection service.

/This paragraph was added by the law as of May 14, 2020/

5.The Government shall approve the code of conduct of the state special protection officer.

/This paragraph was added by the law as of May 14, 2020/

Article 14.Oath of a state special protection officer

1.When a citizen of Mongolia enters the state special protection service for the first time, he or she shall take an oath before the National Emblem as follows:

"I am a citizen of Mongolia, when I am performing the duties of the state special protection, I do solemnly swear that I will respect the state, uphold the rule of law, keep strictly the state secrets, and I will faithfully discharge the duties, and if required, I will serve to the best even sacrificing my life. If I break this oath, I shall be subject to liability under the law".

2.The President of Mongolia shall approve the procedure for taking the oath by the state special protection officer.

Article 15.Rights and obligations of the state special protection officer

A special state protection officer shall exercise the following rights and duties while on duty:

1/to make requests and demands related to state special protection to citizens and officials, and obtain their support, check identification cards and access letters of people entering state special protection zones, buildings and other objects under state special protection, examine the carrying out items, and to be conducted analysis by taking samples from the food products and other things to be used by the person to be protected, to prohibit the use of them, and to give instructions and supervise the employees of other organizations working in the state special protection zone;

/This sub-paragraph was amended by the law as of July 9, 2015/

2/If a suspicious person is found in a building or other objects under special protection of the state or in their environment, the body, belongings, or vehicle of the suspect shall be examined, the person shall be temporarily detained for up to 2 hours, and if weapons, weapon-like items, explosives, or poisonous substances are found, they shall be confiscated and transferred to the relevant authorities;

3/in case of real danger to the person to be protected, if necessary, to mobilize vehicles and other transportation means, except those prohibited by law;

4/to use the telephones of organizations and citizens free of charge, and public communication means without the queues, to enter buildings and apartments with the owner's permission, and examine them;

/This sub-paragraph was amended by the law as of July 9, 2015/

5/to carry weapons and special devices while performing official duties, and use them according to established procedures;

6/to be loyal to the oath taken;

7/to fulfill the decision of the governing body and the order of the head under the  supervisor;

8/to strictly keep sensitive personal information of the person to be protected;

/This sub-paragraph was amended by the law as of December 17, 2021/

9/to constantly improve knowledge and special training of protection and service work, to work honestly and proactively.

/This sub-paragraph was amended by the law as of July 9, 2015/

Article 16.Guarantee of performance of duties by a special state protection officer

/This article was modified by the law as of May 14, 2020/

1.The state shall be responsible for the damage caused to the state special protection officers while performing their official duties.

2.It shall be prohibited to inspect the work of a special state protection officer without notifying his supervising head, to obstruct him/her from performing his/her official duties, or to perform tasks that are not related to his/her duties under the law.

3.The head of the State special protection agency shall be notified in case of receiving a statement from a state special protection officer as a witness or victim on issues related to his/her official duties.

4.In the event that there is a real situation in which the life of a state special protection officer or his/her family member may be in danger due to their duties, they may be taken into custody.

5.The salary of a special state protection officer shall consist of the salary and allowance specified in sub-paragraph 57.2.3 of the Law on Civil Service.

6.The Government shall determine the procedures and the amount of the bonus for the special conditions of the state protection service, the period of civil service and the degree of qualification.

7.The Government shall determine the classification, rank, salary and network of special state protection positions.

8.State special protection officers shall be given 15 working days of vacation every year and 2 working days of additional vacation for every 5 years of civil service.

9.The state special protection agency shall be responsible for the food and clothing expenses during heightened preparedness level, non-working hours, and at night shifts, as well as provision of food and material supply during the training and practice, and if necessary, shall provide them with opportunities for rest, rehabilitation, and treatment.

10.The traveling on the way to and from work by the state special protection officer shall be treated same as performing his/her official duties.

11.One year of working at the buildings and other objects determined to be under special protection of the state and under the covert protection of them by a state special protection officer shall be considered to be equivalent to the term of one year and four months.

12.Pensions and allowances of state special protection offices shall be regulated in accordance with the legislation on pensions and allowances of military personnel.

13.State special protection officers shall be provided with other guarantees provided by law.

Article 17.Characterisrics of the legal status of a state special protection officer

1.State special protection officers shall be prohibited from carrying out the following activities:

1/to organize demonstrations and assemblies without the permission of the governing body or supervising head, to participate or be present in them on non-official duties;

2/to give an interview to the press and media about the person to be protected without his/her permission, and to publish his/her sensitive personal information;

/This sub-paragraph was amended by the law as of December 17, 2021/

3/to leave or transfer the workplace without the permission of the supervising head while performing their duties;

4/to use the honor and position of the person to be protected, to join together for political purposes, to have the rights and duties of a member of a party, coalition, or association engaged in political activities;

5/to carry out activities other than those aimed at the implementation of this Law while performing their duties.

2.It shall be prohibited to use the state special protection officer for the purpose of spying activities of the organization and the person to be protected under his/her protection.

3.In case of necessity, the vacation time of the state special protection officer may be limited or he/she may be worked overtime.

CHAPTER FIVE

DUTIES OF INTELLIGENCE, POLICE AND OTHER AGENCIES, OFFICIALS AND CITIZENS WITH RESPECT TO THE STATE SPECIAL PROTECTION

Article 18.Duties of the intelligence organization

/This article was modified by the law as of May 14, 2020/

1.The intelligence organization shall provide the state special protection agency with news and information that may adversely affect the security and protection of the person to be protected, and provide other necessary support and assistance.

2.The procedure for mutual cooperation and information exchange between the Intelligence organization and the State special protection agency shall be approved by the head of the General intelligence agency together with the head of the State special protection agency.

3.The local branches and units of intelligence organizations shall organize the activities of the police and other organizations participating in the state special protection implemented in the locality, and provide support to the State special protection agency.

Article 19.Duties of the police organization

1.The police organization, when the persons to be protected as specified in paragraphs 1 and 5 of the Paragraph 1 of Article 6 of this law, if necessary, other persons to be protected are participating in festivals, public and other events, travelling by motor vehicles, or visiting in the local areas, shall operate guiding vehicle, ensure traffic safety, and organize public order protection.

2.Patrols to prevent from crimes and violations at the buildings and other objects under special protection of the state, and their environments shall be operated.

/This paragraph was amended by the law as of July 5, 2013/

3.In real-life situations where public disorder has occurred or may occur, the police organization shall increase its strength and cooperate with special protection.

4.The police organization shall jointly approve the procedure for their cooperation with the state special protection organization, and provide timely information on criminal situations required by the state special protection.

Article 20.Duties of other organizations, officials and citizens

1.The state central administrative bodies, local and mass organizations, business entities, and their officials shall provide relevant information and surveys at the request of the state special protection agency, and provide other necessary assistance.

2.The state central administrative body in charge of foreign affairs and the State Ceremonies Office shall provide information to the state special protection organization about state ceremonies, honors and other events in which the person to be protected will participate, and reflect their advice on protection.

3.When the person to be protected is visiting or passing through a foreign country, the Mongolian plenipotentiary and permanent representative office in that country shall provide support and assistance in the protection work.

4.The civil and state aviation organizations shall ensure the technical and flight safety of the aircraft on which the person to be protected will travel.

/This paragraph was amended by the law as of July 9, 2015/

5.The railway organization shall ensure the road, technical and traffic safety of the train on which the person to be protected will ride.

6.Organizations engaged in state, government services, and business shall provide food products and other things to the person to be protected, except for the first level.

7.The health care organization shall protect specifically the health of the person to be protected.

/This paragraph was modified by the law as of July 9, 2015/

8.The information and communication organization shall provide the person to be protected with reliable and prompt communication, protect its privacy, and serve smoothly through special channels of international communication when necessary.

/This paragraph was amended by the law as of July 9, 2015/

9.The competent authority authorized to carry out the inspection shall regularly carry out external hygiene control in the environment where the person to be protected lives and works, as well as food products, and if necessary, conduct laboratory tests, and provide the state special protection organization with relevant news and information.

/This paragraph was added by the law as of July 9, 2015/

/This paragraph was amended by the law as of November 11, 2022/

10.The organization in charge of emergency matters shall protect the buildings and other objects under special protection of the state from the danger of fire and cooperate with the state special protection organization in case of disaster.

/This paragraph was added by the law as of July 9, 2015/

11.If necessary, the armed forces and border guards shall support the state special protection.

/This paragraph was added by the law as of July 9, 2015/

12.Citizens of Mongolia shall comply with the requests and demands of the state special protection officer, and provide with all possible support and assistance.

/The numbering of this paragraph was amended by the law as of July 9, 2015/

CHAPTER SIX

MISCELLANEOUS

Article 21.State special protection weapons and special devices

State special protection organizations and officers shall use the following weapons, special devices and fighting techniques when performing the duties of state special protection:

1/firearms;

2/cold weapons;

3/special devices per individual;

4/special devices with impact to a mass;

/This sub-paragraph was added by the law as of July 9, 2015/

5/special devices of forced stopping of vehicles;

/The numbering of this sub-paragraph was amended by the law as of July 9, 2015/

6/special protective devices;

/The numbering of this sub-paragraph was amended by the law as of July 9, 2015/

7/unarmed fighting techniques;

/The numbering of this sub-paragraph was amended by the law as of July 9, 2015/

8/service dog.

/The numbering of this sub-paragraph was amended by the law as of July 9, 2015/

Article 22.Use of weapons and special devices

1.State special protection officers shall have the right to use firearms in the following cases:

1/attacked or attempted to attack using firearms against the person to be protected, buildings and other objects under special protection of the state, protection officers performing their duties;

2/if it is not possible to stop the actions of a person who attacks or attempts to attack in a way that may cause serious damage to the person to be protected, and buildings have taken under state special protection, or other objects;

3/to stop the actions attempting to take the person to be protected, buildings and other objects under state special protection into hostage, and to release them from hostage.

2.State special protection officers shall use cold weapons, special devices with impact to a mass, special devices per individual, and unarmed fighting techniques in the following cases:

/This paragraph was amended by the law as of July 9, 2015/

1/in all cases specified in paragraph 1 of this article;

2/order was violated in the state special protection zone;

3/to clear the way for the person to be protected;

4/attacked or attempted to attack using cold weapons or other weapons-like objects against the person to be protected, buildings and other objects under special state protection;

5/the suspect resisted when he was detained and/or brought to the appropriate institution.

3.In the event that there is a need to stop a real danger that may cause serious damage to the life of the person to be protected, buildings or other objects under the special protection of the state, a special device of forcibly stopping the motor vehicle may be used.

4.If it is not possible to use the special device to stop the vehicle, it can be blocked with cars or other objects.

5.In case of damage to human life or health due to the use of weapons and special devices, the state special protection officer shall immediately notify the medical institution and the commanding officer, and the commanding officer shall immediately notify the prosecutor.

6.The instructions for the use of weapons and special devices for the state special protection shall be approved jointly with the head of the State Special Protection agency and the State Prosecutor General.

/This paragraph was amended by the law as of July 9, 2015/

/This paragraph was amended by the law as of May 14, 2020/

Article 23.Liabilities to be imposed on the violators of the Law

/This article was modified by the law as of December 4, 2015/

1.Any person or legal entity who violates this Law shall be held liable as provided for in the Criminal Code or the Law on Violations.

Article 24.Entry into force of the Law

This Law shall enter into force on July 1, 1995.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA BAGABANDI.N