LAW OF MONGOLIA

July 8, 1999                                                                                                   Ulaanbaatar

(2022.08.19-ний өдрийн орчуулга)  Unofficial translation

ON INTELLIGENCE ORGANIZATION
 

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 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 legislative acts issued in conformity with aforementioned.

/This paragraph was amended according to the law of 27 December 2001 and added according to the law of 10 June 2011/

/This paragraph was modified according to the law of 9 July 2015/

Article 3. Definitions

3.1. The following terms shall be construed as follows in the present 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 countries and their organizations against Mongolian national interest, and at supporting Government policies and activities relating to ensuring national security.

/This paragraph was modified according to the law of 9 July 2015/

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.

/This paragraph was modified according to the law of 9 July 2015/

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

/This paragraph was modified according to the law of 9 July 2015/
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 in line with special service and its primary 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 intelligence operation by using different organization, identity, activity, operation and other items.

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

3.1.9. "Asset" means a person covertly working with executive task organization conducting intelligence operation.

3.1.10. "Contracted Assistant" means a person covertly working with executive task organization 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 prioritize and respect the national interests, human rights and freedom, ensure unified and centralized management, ensure secrecy, combine overt and covert means of operations, and rely on the support of organizations and citizens by cooperating with them and exploiting the latest scientific, technical and information technology advancements.

5.2. The principles of prioritizing national interests, exploiting the latest scientific,  technical and information technology advancements as stated in Article 5.1 are construed as follows:

5.2.1. Intelligence organization shall only value national root interests and operate separate from political parties and group or private interests when performing its duties stated in the present 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 database and maintenance, production and service as well as engineering infrastructure within scope of implementing its duties in full.

/This paragraph was modified according to the law of 9 July 2015/

Article 6. Ensuring Human Rights and Freedom in Activities of the Intelligence Organization
6.1. Intelligence Organization is prohibited from infringing and limiting human rights and freedom 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 deem that the officer has unlawfully violated their right, freedom and legal interests.

/This paragraph was added according to the law of 9 July 2015/

6.3. Complaints filed by citizen or legal entity to Intelligence Organization shall be settled in accordance with  law.   

/This paragraph was added according to the law of 9 July 2015/

6.4. If officer of the Intelligence Organization has violated rights, freedom and interests bestowed according to the 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 law. 

/This paragraph was added according to the law of 9 July 2015/

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

/This paragraph was added according to the law of 9 July 2015/

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.

/This paragraph was added according to the law of 2 January 2003/

7.2. The budget for the operations of the Intelligence Organization shall be approved as specific clause upon review and proposal of Special Supervisory Sub-Committee under State Great Khural.

/This paragraph was amended according to the law of 9 July 2015/

7.3. It shall be prohibited to approve the budget of the Intelligence Organization for the current year by decreasing from to the approved budget amount for the previous year.

/This paragraph was added according to the law of 9 July 2015/

/This paragraph was invalidated according to the law of 10 November 2015/

7.4. The budget of Military Border Intelligence Organization shall be included within budget of the Intelligence Organization.

/This paragraph was amended according to the law of 15 April 2015/

/This paragraph was added according to the law of 9 July 2015/

Article 8.  Assisting the Intelligence Organization

8.1. Government and non-government organizations, economic entities and citizens are obliged to render  necessary assistance to the Intelligence Organization and its officers when they perform their duties specified in law. Intelligence Organization shall be responsible for and recompense the expenses and property damages occurred because of such assistance.

/This paragraph was amended according to the laws of 27 December 2001 and 9 July 2015/

81 Cooperation with Government entity and authority

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

81.2. Government entity is obliged to provide the Intelligence Organization with necessary information it may hold and to allow access to its database without hindrance and charge.

81.3. Government entity and its authority are prohibited to disclose any information exposed to themselves relating to the Intelligence Organization, its personnel and cover operations 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 jurisdiction.

/This paragraph was amended according to the law of 22 April 2022/

81.5. The Government entity and its authority shall inform General Intelligence Agency in advance regarding National security issues to be discussed at meeting of the Government and National Security Committee.

/This subparagraph was amended according to the law of 9 July 2015/

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 comprise central intelligence organization (hereafter referred as the "General Intelligence Agency"), its headquarters, regional subdivisions, units and military intelligence organization.

/This paragraph was modified according to the law of 15 April 2022/

/This paragraph was added according to the law of 27 December 2001 and modified according to the law of 9 July 2015/

Article 10. General Intelligence Agency and its Functions

10.1. General Intelligence Agency is Government regulatory 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.

/This paragraph was amended according to the law of 9 July 2015/

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

10.3. The subdivisions and units under the jurisdiction of the General Intelligence Agency shall be established by the Government resolution in line with principles of jurisdiction and functions.

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 for foregoing, information analysis, information security assurance, investigation, ensuring internal control and security as well as implementation of administration and management duties.

/This paragraph was amended according to the law of 15 April 2022/

/This paragraph was added according to the law of 09 July 2015/

/This paragraph was amended according to the law of 10 October 2019/

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 the Head of the General Intelligence Agency and the Commander of the General Staff of the Armed Forces shall approve its procedures and operational regulations jointly.

/This paragraph was invalidated according to the law of 15 April 2022/

/This paragraph was added according to the law of 09 July 2015/

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 by the Head of the General Intelligence Agency and the Head of the Border Protection agency shall approve its procedures and operational regulations jointly.

/This paragraph was added according to the law of 09 July 2015/

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

/This paragraph and numbering were amended according to the law of 9 July 2015/

/This paragraph was amended according to the law of 24 April 2020/

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

/Numbering of this paragraph was amended according to the law of 9 July 2015/

10.9. The General Intelligence Agency shall use seal, stamp and official printed form executed in fixed regulations.

/Numbering of this paragraph was amended according to the law of 9 July 2015/

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

10.10.1.  to conduct foreign intelligence operations;

/Numbering of this paragraph was amended according to the law of 09 July 2015./

10.10.2.  to conduct counterintelligence operations;

/Numbering of this paragraph was amended according to the law of 09 July 2015./

10.10.3.  to fight against crimes prescribed by the law;

/Numbering of this paragraph was amended according to the law of 09 July 2015/

10.10.4.  to conduct economic intelligence operations;

/This subparagraph was added according to the law of 10 October 2019./

10.10.5.  to process information related to ensuring national security and present it to respective organizations and officials;

/Numbering of this paragraph was amended according to the law of 09 July 2015./

/Numbering of this paragraph was amended according to the law of 10 October 2019./

10.10.6. to conduct military-strategic and border intelligence operations;

/This subparagraph was amended according to the law of 15 April 2022/

/This subparagraph was added according to the law of 09 July 2015/

/Numbering of this paragraph was amended according to the law of 10 October 2019/

10.10.7. to fight against terrorism;   

/This subparagraph was added according to the law of 09 July 2015/

/Numbering of this paragraph was amended according to the law of 10 October 2019/

10.10.8.  other functions specified in the law. 

/Numbering of this paragraph was amended according to the law of 09 July 2015/

/Numbering of this paragraph was amended according to the law of 10 October 2019./

Article 11. General 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 to implement Government policy and decisions.

/This subparagraph was amended according to the law of 9 July 2015/

11.1.2. To uncover and thwart espionage and other acts conducted by foreign intelligence services, organizations, citizens, and their assets.

/This subparagraph was amended according to the law of 9 July 2015./

11.1.3. To prevent, uncover and thwart activities that could seriously endanger the national economic security.

11.1.4. To expose, 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 its limit of rights. 

11.1.6. To ensure the security of the state information and communication systems and fight against cybercrimes.

/This subparagraph was amended according to the laws of 10 June 2011 and 9 July 2015/

11.1.7. To prevent Mongolian organizations, economic entity and citizens abroad from being involved by the activities of foreign intelligence services. 

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

11.1.9. To provide professional support to the activities of the organization that is authorized to conduct Intelligence operations. 

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

/This subparagraph was added according to the law of 10 June 2011./

11.1.11. To coordinate, supervise and provide with professional methodology management the efforts of preserving, protecting and utilizing governmental sensitive materials nationwide.

/This subparagraph was added according to the law of 10 June 2011./

/It was amended according to the law of 01 December 2016./

11.1.12. To enforce legislation of executive task of intelligence operations through means prescribed in the law.

/This subparagraph was added according to the law of 10 June 2011/

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.

/This subparagraph was added according to the law of 10 June 2011./

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.

/This subparagraph was invalidated according to the law of 15 April 2022./

/This subparagraph was added according to the law of 9 July 2015./

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

/This subparagraph was added according to the law of 9 July 2015./

11.1.16. To coordinate and supervise state encrypted communications and cryptology activities nationwide and carry out governmental encrypted communications in and outside the territory of Mongolia.

/This subparagraph was added according to the law of 09 July 2015/

11.1.17. Other duties specified in the law.   

/Numbering of this subparagraph was amended according to the law of 10 June 2011/

/Numbering of this subparagraph was amended according to the law of 09 July 2015/

Article 12. Rights of the General Intelligence Agency

12.1. General Intelligence Agency shall exercise the following rights:

12.1.1. To conduct surveillance and covert search, track postal communication, intercept communication and information network and operate technical devices of intelligence operations, polygraph devices and other special means in order to implement the duties specified in the law.

/This subparagraph was amended according to the law of 9 July 2015./

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 dispose of technical devices of the intelligence operations used by unauthorized organizations, public officials and citizens for private purpose, upon making a note.

/This subparagraph was amended according to the law of 9 July 2015./

12.1.4. To enter organizational, business and residential premises, question public officials and citizens, verify identification, conduct physical, property inspection and vehicle search according 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 until the issue in question is resolved.

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 cover organization and entity.

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

12.1.8. To conduct research, 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, acute toxic substances and illegal drugs and firearms that could endanger the security of the general population and ecological security.

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

12.1.11. To collaborate with Foreign Intelligence services and organizations on basis of the principles of equity, mutual respect, and non-intervention. 

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

/This subparagraph was amended according to the law of 20 January 2000/

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 its rights in accordance with the law.

12.1.15. To have 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 eliminated and issue warning to citizens and necessary requirements to follow for government and non-government organizations and economic entity for the purpose of neutralizing the foregoing.

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

/This subparagraph was added according to the law of 10 June 2011/

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

/This subparagraph was added according to the law of 10 June 2011/

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

/This subparagraph was added according to the law of 10 June 2011/

12.1.19. To submit its recommendation and assessment should the agenda to be discussed at and resultant decision from Governmental meetings affect national security.

/This subparagraph was added according to the law of 10 June 2011/

12.1.20. Not to provide explanation or evidence related to proposals and assessments made in order to ensure the interests of national security of Mongolia.

/This subparagraph was added according to the law of 9 July 2015/

12.1.21 Other rights described in the law.

/Numbering of this paragraph was amended according to the law of 10 June 2011./

/Numbering of this paragraph was amended according to the law of 9 July 2015./

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 liquidate 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 Head of the General Intelligence Agency.

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

/This Article was invalidated according to the law of 9 July 2015/

Article 13¹. Border Intelligence Service

13.1. Border Intelligence Service shall implement the main objective of providing 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 Head of the Border Defense Organization and the Head of the General Intelligence Agency.

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

/This Article was added according to the law of 27 December 2001 and invalidated according to the law of 9 July 2015./

Article 132. Military Intelligence Organization

/This Article was added according to the law of 15 April 2022./

132.1. 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.

/This paragraph was added according to the law of 15 April 2022./

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

/This paragraph was added according to the law of 15 April 2022./

132.3. The head of the Military Intelligence Organization shall be appointed by the Chief of the General Staff of the Armed Forces introducing with the head of the General Intelligence Agency.

/This paragraph was added according to the law of 15 April 2022./

132.4. 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 Head of the General Intelligence Agency.

/This paragraph was added according to the law of 15 April 2022./

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

/This paragraph was added according to the law of 15 April 2022./

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 shall appoint a Mongolian citizen, who has continuously worked for the last five years in civil service and has total fifteen years' experience of working in civil service, as the Head of the General Intelligence Agency for the period of six years, with consultation of Mongolian President, and shall dismiss him or her accordingly.

/This paragraph was modified according to the laws of 03 August 2000 and 10 June 2011/

14.2. The Head of General Intelligence Agency shall command it by principles of unified leadership and a council with advisory capacity shall work under the Head of the General Intelligence Agency. 

14.3. The Head and the Deputy Head 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;

14.3.3. Upon termination of terms of powers. 

/This paragraph was added according to the law of 10 June 2011/

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

/This paragraph was added according to the law of 10 June 2011./

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

/This paragraph was added according to the law of 10 June 2011./

14.6. If the Head and Deputy Head of the General Intelligence Agency have been replaced, the appointed shall serve for the period specified in the Articles 14.1. and 15.2. of this law starting from the appointment date.

/This paragraph was added according to the law of 10 June 2011/

14.7. If the Head and Deputy Head of the General Intelligence Agency have been found guilty of crime, or have been arrested on 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 upon discussion.

/This paragraph was added according to the law of 9 July 2015/

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

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

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

15.1.2. To determine organizational structure, staffing, salary fund and salary system and amount of the officers 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 according to the Law on Intelligence Operations.

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

/This subparagraph was amended according to the law of 9 July 2015./

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 consult, inform, and express positions of the central intelligence organization by taking part in the National Security and Government meetings with advisory powers.

/This subparagraph was amended according to the laws of 10 June 2011 and 9 July 2015./

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 bestow military ranks upon them.

15.1.10. To make decision to establish and dissolve covert 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 adopt regulations regarding intelligence operation technical devices by keeping unified record of the devices upon consultation with the General Prosecutor.

/This subparagraph was added according to the law of 10 June 2011./

/This subparagraph was amended according to the law of 9 July 2015./

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

/This subparagraph was added according to the law of 9 July 2015./

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

/This subparagraph was added according to the law of 9 July 2015./

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

/This subparagraph was added according to the law of 9 July 2015./

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

/This subparagraph was invalidated according to the law of 15 April 2022/

/This subparagraph was added according to the law of 9 July 2015/

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

/This subparagraph was added according to the law of 9 July 2015/

15.1.19. Other powers specified in the law. 

/Numbering of this subparagraph was amended according to the law of 10 June 2011/

/Numbering of this subparagraph was amended according to the law of 9 July 2015./

15.2. In the absence of the Head of the General Intelligence Agency, all powers shall be vested in a Deputy Head. As proposed by the Head of the General Intelligence Agency, the Government shall appoint and dismiss Mongolian citizen as the Deputy Head of the General Intelligence Agency for the period of 6 years, and shall dismiss him or her. Such citizen must have worked for the last five years and have total work experience not less than ten years in civil service and have extensive knowledge and experience of intelligence operations.

/This subparagraph was amended according to the law of 20 January 2000./

/The paragraph was amended according to the laws of 10 June 2011 and 09 July 2015./

Article 16. Monitoring on Activities of the Intelligence Organization

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

16.2. If deemed necessary, the President of Mongolia and the head of National Security Council shall receive report and information from the Head of the Intelligence Organization and 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 Head of the General Intelligence Agency to determine the course of actions for ensuring national security during the given 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 from 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.         

/This paragraph was added according to the law of 9 July 2015./

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 is carrying out intelligence operation or job equivalent to the foregoing is called intelligence officer.

17.2. A citizen, who has passed the selection procedure specified in the Law on the Selection from Lawyers and has received a certificate, shall be appointed as a registrar and investigator of an Intelligence Organization.

 /This paragraph was added according to the law of 30 May 2003 and its was invalidated according to the law of 2 August 2007./

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

/This paragraph was added according to the law of 9 July 2015./

17.3. The Head of the Intelligence Organization shall determine ethical requirements and criteria to be imposed for an intelligence officer.

(On 29 July 1999, the President of Mongolia put a veto on this subparagraph and it has been deemed invalidated according to the law of 20 January 2000)
/Numbering of this paragraph was modified according to the law of 30 May 2003/
17.4. Intelligence officer shall use military rank and uniform.

/Numbering of this paragraph was modified according to the law of 30 May 2003./

17.5. High military rank may be bestowed upon presiding officers of the Intelligence Organization.

/Numbering of this paragraph was modified according to the law of 30 May 2003./

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.

/Numbering of this paragraph was modified according to the law of 30 May 2003/

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

/Numbering of this paragraph was modified according to the law of 30 May 2003/

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.

/Numbering of this paragraph was modified according to the law of 30 May 2003/

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 immediate 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. Not to use the information and evidence, that are acquired or exposed in the process of carrying out one's duty for personal or political purposes;

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

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

/This paragraph was amended according to the law of 17 December 2021/

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

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

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

171..2.2. to enter organizational, business and residential premises, question public officials and citizens, verify identification, conduct physical, property and vehicle search according to the he basis and regulation 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 the violation is settled;

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

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. 

/This Article was added according to the law of 9 July 2015./

Article 18. The Oath of Intelligence Officer

18.1. Citizens of Mongolia shall swear the following oath when enlisted 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 forswear 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 on Intelligence Officer

19.1. Other intelligence officers are obliged to fulfil 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 to intelligence officer: 

19.2.1. To Infringe and limit human right and freedom.

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 as well as to participate in such events.

19.2.7. To travel abroad without 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 military rank;

21.1.4. Demotion of employee position;

21.1.5. Discharge from 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 comprise 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. With the proposal of Head of the General Intelligence Agency, the Government shall determine the intelligence organization's employment classification, ranking and wage standard.

/This paragraph was added according to the law of 9 July 2015/

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 vacation for every 5 years of government service.

Article 24. Guarantees for Intelligence Officer Conducting its Duties

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

/This paragraph was modified according to the law of 9 July 2015./

24.4. If the Head or Deputy head 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 Head of the Intelligence Agency shall be notified within 24 hours.

/This paragraph was added according to the law of 9 July 2015./

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 Head of the General Intelligence Agency is required.

/This paragraph was added according to the law of 9 July 2015/

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

/This paragraph was amended according to the law of 9 July 2015./

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

/This paragraph was amended according to the law of 9 July 2015./

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

/This paragraph was amended according to the law of 9 July 2015./

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

/This paragraph was added according to the law of 09 July 2015/

24.10. Intelligence officer shall be relieved from forced mobilization efforts.

/This paragraph was added by the law of 09 July 2015. /

24.11. In case life and health of an Intelligence officer or his/her family member was put at real threat in connection with fulfilment of his/her duties, the Intelligence Organization shall take measures to ensure safety of Intelligence officer.

/This paragraph was added by the law of 09 July 2015. /

24.12. The Intelligence Organization shall ensure its own safety and the work premises of branch and unit located at headquarters and local area are protected by the state.

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

24.13. The Intelligence officer shall be involved in advanced training each three years.

/This paragraph was added by the law of 09 July 2015. /

24.14. The Intelligence officer shall be provided by other securities specified according to the law.

/This paragraph was amended by the law of 09 July 2015./

Article 25. Discount and Compensation for Intelligence Officer  

25.1. Same provisions stated in 36.4 and 36.6 of the Law on Border shall apply to Intelligence officer working on state border.

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

25.3. Intelligence Organization shall be responsible for expenses of meal during night shift and increased level of readiness and food and supplies during training and provide with chances to rest, rehabilitate and medical treatment when necessary.

/This paragraph was modified according to the law of 9 July 2015./

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

25.5. If the spouse of the Intelligence Officer is forced to resign from his/her current job because of Intelligence Officer being assigned to work in different location, the 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. One-year employment of special infiltration assignment at foreign special service and criminal faction, observation service and special technical unit shall be equal to service of 1 year and 4 months.

/This paragraph was added according to the law of 10 June 2011/

/This paragraph was amended according to the law of 9 July 2015/

25.8. Officer of the Intelligence Organization shall receive other discounts and compensations specified in the law.

/This paragraph was amended according to the law of 10 June 2011/

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. The Government shall determine the regulations concerning benefit for Intelligence Officer who is performing special duty infiltrating into foreign intelligence service and organization and criminal organizations.

26.3. Intelligence Officer is entitled to receive other assistance specified in the law.

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

27.1. The Intelligence Officer of Intelligence Organization may use firearms, special devices and physical force under the conditions specified in this law.

/This paragraph was amended according to the law of 10 June 2011/

27.2. Regulations concerning the use of firearms, special devices and physical force shall be approved by the Head of the General Intelligence Agency with the consent of the Minister of Justice and Internal Affairs.  

/This paragraph was amended according to the law of 10 June 2011/

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

/This paragraph was amended according to the law of 10 June 2011/

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. 

/This paragraph was amended according to the law of 10 June 2011/

27.4.1. Various special devices;

27.4.2. Special devices for forced stopping of vehicles;

27.4.3. Special devices for protection;

27.4.4. Special devices for area effect;

/This paragraph was added according to the law of 10 June 2011/

27.4.5. Service dog.

/This paragraph was added according to the law of 10 June 2011/

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

/This paragraph was amended according to the law of 10 June 2011/

27.5.1. Assault by a person, which may endanger 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.

27.5.4. Special Counter-terrorist activities

/This paragraph was added according to the law of 10 June 2011/

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

27.7. If a person is killed or injured as a result of using 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. The Head of the General Intelligence Agency shall approve the list of firearms and special protective devices to be employed by Intelligence Organization.

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
MISCELLANEOUS

Article 29. Liability for violators of laws and regulations of Intelligence Organization

29.1. If it is not about to charge criminal liability for an act of official who has violated the legislation of Intelligence Organization, failed to obey legal demand of Intelligence Organization and its employee, caused restraint in its operation, intentionally delivered false information or misled, the Head of General Intelligence Agency shall address the official at the respective upper level organization for resolution:

29.1.1 to reduce the salary amount of an official who has violated the items 24.3 and 24.8 of this law and failed to execute the obligations stated in items 81.2, 24.2 of the same law by 20% up to three months;

29.1.2 to demote, resign and discharge an official from civil service who has repeatedly violated the items 24.3, 24.8 and items 81.3 of this law and failed to repeatedly execute the obligation stated in items 24.2 of the same law;

29.2 in case it is stated in 29.1 of this law, the given official shall charge responsibility on corresponding official and notify the Head of General Intelligence Agency of this within 14 days.

29.3 in case an official has failed to execute or unreasonably refused to execute what is stated in item 29.2 of this law, the Head of General Intelligence Agency shall address the respective organization and the official that are authorized to appoint and relieve him/her for resolution.

29.4 an organization, official and civilian that has received requirements and decisions of General Intelligence Agency issued within scope of its own powers, are obliged to take measures and acknowledge accordingly.

29.5 judge shall sentence to fine any entity, who has violated item 29.4 of this law, with MNT amount equal one-month remuneration or with amount up to five times. 

29.6. those in violation of the Law on Intelligence Organization shall be subject to criminal, administrative and disciplinary sanctions according to respective legislation.

/This paragraph was modified according to the law of 9 July 2015./

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA R.GONCHIGDORJ