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The National Intelligence Service was established under by the Bulgarian State Council Decree 152/05.02.1990. It enacted as follows: “Establishes a National Intelligence Service to the State Council of the National Republic of Bulgaria. The functions, tasks and structure of the National Intelligence Service are set by the State Council to the National Republic of Bulgaria.” Until the Decree was issued the foreign policy intelligence had been carried out by a structure to the Ministry of Interior, and under the Decree this part of the state intelligence activity was assigned to a separate authority.
With Presidential Decree 17/08.05.1990 the implementation of the Universal Military Service Act in the Republic of Bulgaria Act was enacted /promulgated, Transactions No.13/14.02.1958, repealed, SG No.112/27.12.1995, effective 27.02.1996/ towards the National Intelligence Service. This Decree delegates the authorities both to the NIS Director and the Defense Minister. It sets the service’s status as of a military unit and its personnel to be military.
The adopted Constitution of the Republic of Bulgaria, promulgated in SG No. 56/13.07.1991, effective 13.07.1991, strengthening the principles of the democratic and law-abiding state, regulates the public administration with clearly outlined functions of the separate authorities and their executive bodies, as the supremacy belongs to the Parliament. It lays a new constitutional foundation for the cooperation of the supreme state organs with the National Intelligence Service – the administrative subordination with respect to the President of the Republic of Bulgaria and the Council of Ministers, and the Parliamentary control.
Under Government Decree No.216/4.11.1991, which regulates the performance of some specific NIS activities /promulgated - SG No. 93/12.11.1991/, the National Intelligence Service shall be a legal person supported by the state budget.
Under the Republic of Bulgaria Defence and Armed Forces Act, promulgated – SG No. 112/27.12.1995 and effective 27.02.1996, the National Intelligence Service becomes part of the Armed Forces and a requirement is regulated that its structure, leadership, management and activities set by the law. The National Intelligence Service status is regulated as a legal person supported by the state budget and the Head of the Service is given definite authorities as the Head of a legally set institution.
With the National Security Concept of the Republic of Bulgaria, adopted with the 38th National Assembly’s Resolution dated 16.04.1998, promulgated - SG No.46/22.04.1998, are defined the objectives and tasks over the national security as an integral part of the common system for euro Atlantic and European security and the functions and priorities of the security services among which is the National Intelligence Service.
The Act on amending and supplementing the Republic of Bulgaria Defence and Armed Forces Act, promulgated – SG No.40/2002 and effective 19.04.2002 regulates the NIS status as non military institution and in the transitional and final provisions to this Act it is set that the service shall implement the Republic of Bulgaria Defense and Armed Forces Act and the Regulations for the Regular Military Service until a separate legal act that sets its organization and activities is adopted. The authorities and obligations given to the NIS Director correspond to those of the Defense Minister according to the Republic of Bulgaria Defense and Armed Forces Act.
The above quoted the Republic of Bulgaria Defense and Armed Forces Act was repealed by a new Act under the same name, promulgated – SG No.35/12.05.2009.
The effective Republic of Bulgaria Defense and Armed Forces Act, which came into force on 12.05.2009, regulates the following:
1. In terms of the National Intelligence Service, of the authorities and obligations of its Director, and of the status of its employed staff should be implemented the Republic of Bulgaria Defense and Armed Forces Act and the Regulations for its implementation, until a separate legal act that sets the organization and activities of the Service is adopted.
2. Under the Republic of Bulgaria Defense and Armed Forces Act the authorities given to the Director of the National Intelligence Service with respect to the Service correspond to these of the Minister of Defense.
3. The National Intelligence Service is a legal entity on budget maintenance.
Under the Republic of Bulgaria Defense and Armed Forces Act in times of war, the staff of separate divisions of the National Intelligence Service is also included within the ranks of the Armed Forces of the Republic of Bulgaria.
The Special Intelligence Means Act, promulgated - SG, No. 95/21.10.1997 authorizes the National Intelligence Service to possess, to ask for use and to use the special clandestine devices and means as well as to use the collected through them data and material evidence within its competence.
The Classified Information Protection Act, promulgated - SG, No. 45/30.04.2002 constitutes the National Intelligence Service as a security service and specifies its functions in this respect.
According to some Acts, besides the above mentioned, the NIS, its Director and its other representatives are given specific authorities – Measures Against Money Laundering Act, promulgated - SG No.85/24.07.1998, the Telecommunications Act, promulgated – SG No. 88/7.10.2003, Access to and Disclosure of the Documents and Announcing the Affiliation of Bulgarian Citizens with the State Security Service and the Intelligence Services of the Bulgarian Popular Army Act., promulgated SG No. 102/19.12.2006 and etc.
A separate legislative act, which to enact NIS legal position, tasks and activities and the legal status of its staff has not been adopted yet.
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