1. Why does the new draft law of the Foreign Intelligence Service stipulate a range of responsibilities of the Service that the law in force does not include? Where did all these competences come from?
In comparison with Law no. 1 / 1998, a new element (from the form standpoint) in the draft Law on the organization and functioning of the Foreign Intelligence Service is a separate chapter dealing with responsibilities.
In fact, this is a systematization demarche, as all the responsibilities under Article 4 of the draft are the current competencies of the Foreign Intelligence Service stipulated now by Law no. 1/ 1998 or other legal acts.
For instance, responsibilities stipulated in:
Laws no. 51 / 1991 and 1 / 1998:
- collecting, checking, assessing and turning to account the necessary intelligence to identify, know, prevent, and counter the risk posing factors and threats against national security;
Law no. 182 / 2002 and Government Decision no. 585 / 2002:
- the vetting of the categories of people stipulated by laws in order to recommend granting them access to classified information and state cipher;
- regulating, coordinating, and checking the protection of classified information in Romania’s embassies and diplomatic representative offices abroad; providing the guard and protection of Romania’s diplomatic offices;
Government Decision no. 585 / 2002:
- protecting the IT and INFOSEC communication systems, including in the field of TEMPEST and means of cryptographic protection, in the facilities that the Service is responsible for.
- organizing and performing the transportation of diplomatic mail.
2. What is the meaning of: “the information referring to the identity and status of the intelligence officers is classified as state secret”? Were I an officer with the SIE, who else, besides my colleagues, may know about my status?
Intelligence officers conduct overt or covert activities. As stipulated in the draft, the ones that conduct overt activities (for instance the cadres filling positions of specialists or logistic support staff) produce service IDs, and thus their status as officers with the SIE may be known.
In case of those who conduct covert activities (in the operational field), the identity and status as officers with the SIE are classified as state secret. It is a must for this job. This is the reason why the situations when the identity of an (operative) intelligence officer is made known / public are cover blows. The consequences of such cases are either moving that person to the non-operational field (provided the disclosure was made without his / her fault) or applying the appropriate punishment under the law.
As regards the persons who may know the real status of an intelligence officer that works under cover, the only person authorized to learn this is his / her spouse. This is because the spouse enjoys the same degree of trust as the officer himself / herself, as the spouse is subject to the same security checks.
3. What is the difference between the SIE and the SRI?
Under the Law 51/1991 on the national security of Romania, “the Romanian Intelligence Service is the state institution specialized in intelligence collected in Romania, whereas the Foreign Intelligence Service is the state institution specialized in intelligence pertaining to national security collected abroad”.
4. What institutions in Romania are in charge with protecting classified information?
The institutions having the role of coordinating the activity and controlling the measures concerning the protection of classified information are: the Romanian Intelligence Service, the Foreign Intelligence Service, the Defense Ministry, the Ministry of Administration and the Interior, the Ministry of Justice, the Protection and Guard Service and the Special Telecommunications Service.
5. May the SIE intercept telephone conversations?
Yes, it may, provided it complies with the legal provisions.
6. How many employees does the SIE have?
For security reasons, the SIE, like the other foreign intelligence services, does not reveal information about the number of its employees.
7. What does classified information mean?
Classified information is the information, data, documents of interest for the national security that must be protected due to their degree of importance and the possible consequences of their being revealed or disseminated without authorization.
8. Are all applicants contacted after they have submitted their job application to the SIE?
No, they are not. Only the individuals whose professional training and qualification meet the needs of the Service are contacted.
9. Besides professional training and qualification, what other criteria are considered when deciding which individual to be employed by the SIE?
On deciding whether a certain individual should be employed by the SIE, the person’s undisputable loyalty, character traits, habits, relations and his / her discretion are also taken into consideration.
10. If I were to work for the SIE, how much can I tell about my work?
Any SIE employee must not talk about/comment on their activity, the other SIE employees and the premises of the Service. All the data and information about the SIE’s activity and personnel shall be known only by the institution’s employees.
11. Why do intelligence services use the “No comment” phrase?
Because most of the times confirming or dismissing allegations may lead to risks posed to the protection of the information sources, and the working means and methods of the specific activity of the intelligence and security services.
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Frequently Asked Questions