AD-HOC COMMITTEE: GENERAL INTELLIGENCE LAWS AMENDMEND BILL Presentation to the Ad-Hoc Committee on the General Intelligence Laws Amendment Bill and its impact on policy issues. 22 February 2013

INTRODUCTION Department sought to table a State Security Bill Urgency made us choose the tabling of the GILAB as a technical bill Urgency is a result of oversight structures concerns Presently we ask for consolidation of financial statements Presently we get qualified IGI certificates due to legal uncertainty Matters pertaining to the dispensation, mandate, functions, powers and methods and their regulation are not part of this bill . These will be dealt with in the national discussion on security

ISSUES FOR RECONSIDERARTION The functioning of NICOC Monitoring of foreign signals Retention of COMSEC licensing exemptions and aligning of functions with the NCPC

PUBLIC HEARINGS We wrote to the Committee indicating that we did not want to respond. Issues were dealt with already in the first briefings to the Adhoc Committee Concerns on policy issues made us to reconsider the delay of new policy aspects pending a national discussion on security matters

FUNCTIONING OF NICOC Appointment of Coordinator for Intelligence Location of NICOC In light of the concerns of Members as this is a policy matter, we suggests that it be delayed for the pending discussion It was argued that the bill’s intention to only coordinate intelligence products compromises the policy foundation of NICOC. Further, it was argued that the President rather than the Minister must appoint the head of NICOC so as to guard against political interference. The bill intends to change membership of NICOC in light of the integration of erstwhile structures. It replaces references of structures to be SSA as proclaimed by Presidential Proclamation P59 of 2009.

SIGNALS INTELLIGENCE Domestic signals intelligence: regulated by RICA and Ministerial Directives Foreign signals is governed by Ministerial regulations since 2007 as an interim measure The aim was to subject this for internal use to the RICA judge The Committee is requested to consider and decide on the matter SIGINT, as this function is globally known is one method of the collection of intelligence by security agencies world wide. This capacity is necessary for the Republic to fulfill its national security mandate. It is not unique to South Africa. Most democracies have this capacity. Oversight This function will be performed in accordance with the intelligence priorities of the Republic determined by Cabinet and as prescribed by RICA. Operational regulations will be issued by Minister in consultation with the Parliamentary oversight Committee on Intelligence, the JSCI. Oversight of the activities of the SIGINT function will be conducted by the various oversight structures currently in existence, namely the JSCI and the Office of the Inspector General of Intelligence.

Retention of COMSEC licensing exemptions The Bill, in line with the Proclamation, proposes the dissolution of COMSEC as a company thus losing exemption rights enjoyed by SOEs.

ALIGNING THE FUNCTION OF COMSEC IN LINE WITH THE NCPF Amendment to insertion providing for the protection and security of critical communications against unauthorised access. In the newly approved National Cyber-Security Policy Framework this function has been clarified and aligned to provide information assurance and secure information and communication technology of National importance in support of national security of the Republic. To control and regulate the provision and application of cryptographic solutions in support of national security interests of the Republic.

CONCLUSION The passage of GILAB is a matter of urgency hence the reconsideration as a result of urgent issues raised by oversight structures We have attempted to make the Bill as technical as we possible can and look forward to the support of the Ad-hoc Committee

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