Law Number: 2937

Date of Ratification: 1/11/1983

Official Gazette: Date: 3/11/1983 No.: 18210

Regulation: Composition: 5 Volume: 22 Page: 830

SECTION I
General Rules, Organization and Duties
CHAPTER I
Objective, Content and Definitions

Objective :

Article 1 - The objective of this Law is to organize the principles and methods regarding the procurement and handling of the State Intelligence as well as the ones regarding the organization, duties and functions of the Turkish National Intelligence Organization.

Definitions :

Article 2 - The definitions of the terms used in this Law are as follows:
a) The MIT : Abbreviation for the Turkish National Intelligence Organization
b) The MIT Member: The personnel and other employees of the MIT who have been charged with fulfilling the duties mentioned in this Law or in the regulations issued under this Law.
c) The MIT personnel;
1. The officials employed in the MIT cadres,
2. The officers employed in the cadres of the Turkish Armed Forces, but are assigned to various duties in the MIT,
3. The personnel who are employed in the MIT under contract.

CHAPTER II

Organization, Duties, Powers and Responsibilities

Organization :

Article 3 - The Undersecretariat of the Turkish National Intelligence Organization has been established, being directly subordinate to the Prime Minister.

The Undersecretariat of the Turkish National Intelligence Organization consists of the office of the Undersecretary, the offices of the Deputies of Undersecretary, Directorates, Divisions and Branches as well as the other units.

The Turkish National Intelligence Organization is directed by the Undersecretary.

The Headquarters and field units of the Turkish National Intelligence Organization are arranged by regulation according to necessity.

Duties of the Turkish National Intelligence Organization :

Article 4 - The duties of the Turkish National Intelligence Organization are as follows:

a) to procure national security intelligence throughout the State on immediate and potential activities carried out in or outside the country to target the territorial and national integrity, existence, independence, security, Constitutional order and all elements that constitute the national strength of the Republic of Turkey, and to deliver this intelligence to the President, the Prime Minister, the Chief of General Staff, the Secretary General of the National Security Council and to the relevant institutions;
b) to meet the intelligence needs and requirements of the President, the Prime Minister, the Chief of General Staff, the Secretary General of the National Security Council and of the relevant Ministries in the formulation and implementation of the plans regarding the national security policy of the State;
c) to make proposals to the National Security Council and the Prime Minister on directing the intelligence activities of the public institutions;
d) to provide consultancy in technical issues regarding the intelligence and counter intelligence activities of the public institutions and to provide assistance in the establishment of coordination among them.
e) to deliver the information and intelligence, which the General Staff deems necessary for the Armed Forces, to the Headquarters of the General Staff in accordance with a protocol to be concluded;
f) to carry out other duties determined by the National Security Council;
g) to carry out counter-intelligence activities.

The Turkish National Intelligence Organization cannot be assigned with duties other than those listed above and cannot be led to carry out activities other than intelligence regarding the national security of the State. The duties, powers and responsibilities of the Turkish National Intelligence Organization are determined by a regulation approved by the Prime Minister.

Duties and Responsibilities of the Ministries and Other Public Institutions :

Article 5 - The duties of the ministries and other public institutions regarding the State intelligence are as follows:
a) Regarding their own fields of work ;
1. to produce the intelligence their duty necessitates,
2. to procure the information and intelligence the
MIT asks for,
3. to carry out counter-intelligence activities.

b) to transmit immediately any information and intelligence regarding the national security to the MIT.

The Ministries and other public institutions are obliged to provide every possible assistance and facility to the members of the MIT in the performance of their duties.

The National Intelligence Coordination Board (NICB) has been established under the presidency of the Undersecretary of the MIT, with the aim of formulating the basic views on guiding the intelligence activities and on establishing coordination for the fulfillment of the above-mentioned duties and responsibilities by the Ministries and other public institutions.

The Board convenes every three months with the participation of the Secretary General or the Deputy Secretary General of the National Security Council, the Head or the Deputy Head of General Staff Intelligence Department, the Undersecretaries of the Ministries, the relevant authorities of the public institutions, the relevant Heads of Directorates of the MIT and the other public authorities invited by the Undersecretary of the MIT.

The Undersecretary of the MIT may, when necessary, call the Board for an extraordinary session.

The detailed working principles and duties and authorities of the National Intelligence Coordination Board are defined by regulations.

Authorization :

Article 6 – (Amended paragraph: 3/7/2005 – 5397/art.3) The Turkish National Intelligence Organization is authorized to;
a) establish direct contact with the directors and the officials in charge of the intelligence activities of the Ministries and other public institutions on directing and producing intelligence and on counter-intelligence matters, and to apply convenient coordination methods;

b) make a written application, by declaring the reason, to access to, to establish contact with and to require information and documents from the archives, electronic data processing centers and communication infrastructures of the Ministries and other public institutions on the matters that are included within its scope of duty.

(Added paragraph: 3/7/2005 – 5397/art.3) While performing the duties mentioned in Article 4 of this Law, with the aim of ensuring the security of the State, revealing the spying activities, detecting the disclosure of the State secrets and preventing the terrorist activities, the communication through telecommunication means can be detected, intercepted, recorded and its signal information can be evaluated upon the permission of the judge or, when postponement is detrimental, upon the written order of the Undersecretary or Deputy Undersecretary of the MIT in case of a serious threat against the fundamental features mentioned in Article 2 of the Constitution and the democratic state of law. The written order given when postponement is detrimental shall be submitted to the authorized and liable judge for approval within 24 hours. The judge shall make his/her decision within at most 24 hours. When the time expires or when the judge decides otherwise the measure shall immediately be abrogated. In such a case the records of the content of the interception shall be deleted in not later than 10 days; the situation shall be explained in a written report, which shall be kept to be submitted during an inspection. These procedures shall be executed by the centre that was established in accordance with paragraph 10 of the added Article 7 of the Law no 2559 on Duties and Powers of the Police that came into force on July 4, 1934. (Amended last sentence: 4/5/2007 – 5651/art.12) The interceptions in accordance with Article 135, paragraph 6, section (a), subsection (14) of Law no 5271 on Code of Criminal Procedure, dated December 4, 2004, shall also be carried out at the abovementioned centre.

(Added paragraph: 3/7/2005 – 5397/art.3) The authorized and liable judge is the member of the High Criminal Court that is authorized in the region of the demanding unit and is established in accordance with article 250, paragraph 1 of Law no 5271.

(Added paragraph: 3/7/2005 – 5397/art.3) The decision and the written order shall include any found details regarding the identity of the person against whom measures will be taken, the kind of the communication means, the telephone numbers used by this individual and the code that would enable the detection of the communication connection, as well as the kind, scope and duration of the measures and the reasons for resorting to such measures. The decisions can be valid maximum for three months and can be, following the same procedures, extended for no more than three times. Each extension period can last at most three months. However, in order to identify the spying activities and while struggling against the continuing threats caused by the activities of the terrorist organization, the judge, when necessary, might decide to extend the period for several times, but no longer than three months each. (1)

(1) In accordance with Article 12 of Law no. 5651, dated 4/5/2007, the expression of “in order to identify the spying activities and” has been added and placed in the text to follow the adverb “However” included in this paragraph.

(Added paragraph: 3/7/2005 – 5397/art.3) When the application of the measures terminates, the records of the content of the interception shall be deleted in not later than 10 days; the situation shall be explained in a written report, which shall be kept to be submitted during an inspection.

(Added paragraph: 3/7/2005 – 5397/art.3) The records obtained within the framework of the activities carried out in accordance with the provisions of this paragraph cannot be used for purposes other than mentioned by this Law. Principles of confidentiality shall be applied while keeping and protecting the obtained information and records. The Public Prosecutors shall directly investigate the one who violates the provisions of this Article, even if during or due to the mission. (1)

(1) In accordance with Article 12 of Law no 5651, dated 4/5/2007, the expression of “this article” included in this paragraph was replaced with the expression of “this paragraph”.

(Added paragraph: 3/7/2005 – 5397/art.3) The decisions of the judge and the written orders shall be fulfilled by the members of the Undersecretariat of the MIT. The beginning and ending date and time of the operation and the identity of the member who carries out this operation shall be recorded in a written report.

(Added paragraph: 3/7/2005 – 5397/art.3) The supervision of the activities that are mentioned in this Article shall be carried out by the hierarchical superiors of the institution, by the members of the inspection team of the Office of the Prime Minister (…). 2

(2) In accordance with Resolution E.:2005/85, K.:2009/15 of the Constitutional Court, dated 29/1/2009, the expression of “and by the individual or commission that would be specifically authorized by the Prime Minister” included in this paragraph has been annulled.

(Added paragraph: 3/7/2005: 5397/art.3) The interceptions violating the procedures and principles mentioned in this Article shall not be legally acceptable and the members intercepting in such a manner shall be prosecuted in accordance with the provisions of the Turkish Criminal Code no 5237, dated September 26, 2004.

(Added paragraph: 3/7/2005 – 5397/art.3) The principles and procedures regarding the implementation of this Article shall be put in order by the regulations that will be issued within three months by the Office of the Prime Minister by consulting with the Ministries of Justice, Internal Affairs and Communications and with the Undersecretariat of the MIT.

Those members of the MIT, who would be given the rights and authorities of the security forces while performing their duties, are specified in the regulations.

Responsibilities :

Article 7 - The Undersecretary of the MIT is responsible to the Prime Minister in performing the duties mentioned in Article 4 of this Law and is not accountable to any person or office other than the Prime Minister.

CHAPTER III

State of Emergency, Martial Law, Mobilization or State of War

Article 8 - In cases of State of Emergency, Martial Law, Mobilization or State of War, the relations of the Turkish National Intelligence Organization with the Turkish Armed Forces and other public offices and institutions are to be arranged by a regulation that would be issued by the Cabinet, after consulting the National Security Council.

Under such circumstances, the necessities such as additional personnel, any kind of technical equipment, fuel, weapons, war materials, equipment and clothes, buildings and facilities are to be identified in the plans prepared beforehand jointly by the Defense, Interior and other relevant Ministries, public institutions and the MIT.

The MIT members, who are called up in case of a declaration of general mobilization or a state of war, shall be charged within the MIT.

SECTION II

Cadre, Personnel and Financial Provisions

CHAPTER I

Cadre and Personnel Affairs

Cadre :

Article 9 - The actual cadre of the Turkish National Intelligence Organization is determined every year by the Undersecretariat of Turkish National Intelligence Organization and approved by the Prime Minister.

The Officials and the Personnel Working under Contract :

Article 10 - The officials employed in the MIT cadres are subject to Law no. 657 on the Government Officials, with the exclusion of the special provisions mentioned in this Law.

The fields of employment for the personnel working on contractual basis, the terms of the contract, the minimum and maximum wages they will be paid and the medical issues are to be arranged by the regulations regardless of the provisions on the personnel working under contract in Article 4 of Law no. 657 on the Government Officials.

The wages paid to the retired personnel who will be employed in the MIT under contract do not necessitate cutting off the pension wages or similar payments allocated to them by social security institutions. (1)

(1) See Temporary Article 3 of Law no 4969 of 31/7/2003 on this issue.

Military Personnel :

Article 11 - The class, rank, title and number of the officers, non-commissioned officers, civilian officials, petty-officers and privates who are originally employed in the Turkish Armed Forces but will be appointed to various duties in the MIT are determined every year jointly by the Turkish General Staff and the Undersecretariat of the Turkish National Intelligence Organization according to the need.

The decision of the Cabinet, as stipulated in Article 124 of Law no. 926 on the Turkish Armed Forces Personnel, is not conditional for the appointment of the officers and non-commissioned officers to the MIT.

The MIT decides in accordance with their expertise and necessity, where and how to assign the officers and non-commissioned officers who have been appointed to the MIT by the Turkish General Staff within the framework of the relevant provisions.

(Amended: 23/12/1988 – Decree in the Force of Law – 351/art.15) In accordance with the provisions of the legislation in effect, the rations allocated to the personnel who are originally employed in the Turkish Armed Forces but charged in the MIT are paid out of the budget of the Ministry they are affiliated with. However, should the total amount of the net rations paid to their precedents in the MIT (including those working under contract who are employed as permanent staff) exceeds the amount paid to these officers, the difference between these amounts are paid to these officers as a compensation and as a net income.

Special Provision Regarding The Personnel :

Article 12 - In addition to the general provisions regarding the duties, powers and responsibilities of the MIT personnel, that personnel's qualifications, replacements and terms of duty, the principles of rotation, means and conditions of employment within the Organization and expulsion/discharge from the Organization are arranged by regulations.

Appointment Procedures :

Article 13 - The appointment of Undersecretary of the Turkish National Intelligence Organization is made by the proposal of the Prime Minister and approval of the President, after it is discussed at the National Security Council.

The Deputy Undersecretaries of the Turkish National Intelligence Organization and the Heads of Directorates are appointed by the proposal of the Prime Minister and approval of the President upon the nomination of the Undersecretary of the Turkish National Intelligence Organization.

The other personnel are appointed by the Undersecretary of the Turkish National Intelligence Organization.

These appointments are not issued in the Official Paper and are kept confidential.

Resignations :

Article 14 - Those personnel, who are employed at the actual cadre of the MIT and resign or regarded as resigned within the first five years of their employment, cannot work as a government official for five years from the day their association with the MIT officially terminates.

The provisions of the amended Article 97 paragraph (D) of Law no. 657 on the Government Officials are reserved.

The Imperative Expenditures :

Article 15 - The MIT members shall be paid in accordance with the amount and principles defined in the regulations on covering the imperative expenses emerged in the course of their missions.

These expenditures are subject to the provision of the Article 77 of Law no. 1050 on Public Accounting.

Service Compensation :

Article 16 – (Annulled: 13/7/1993 – Decree in the Force of Law – 486/art.27)

Pecuniary Compensation :

Article 17 - The rules governing pecuniary compensation are as follows:
(a) The provisions of Law no. 2330, dated 03.11.1980 on Pecuniary Compensation and Appropriation of Salaries shall apply if a current or former member of the MIT is subject to an attack due to his affiliation to the MIT, and is wounded, maimed or killed thereof.
(b) A compensation, in addition to those specified in the general provisions, is paid to those who become invalids due to wounds or illnesses they acquire while on duty. In case of death, this compensation shall be paid to his widow and children, or his needy parents, or his siblings who are among his dependents under the Law. The amount of this compensation shall not exceed an amount equivalent to ten times the gross salary of the highest paid government official.
(c) Those who are benefiting from one of these compensations shall not be eligible for another.
The rules concerning the assignment of pecuniary compensation are stated in the relevant regulations.

Medical Services :

Article 18 – (Annulled: 31/5/2006 – 5510/art.106)

Transfer to Another Institution :

Article 19 - Those personnel who are employed in the MIT's actual cadres may be transferred to other public institutions upon the Undersecretary's recommendation and the Prime Minister's approval if they are deemed by their superiors inappropriate for the MIT in the light of the MIT's special status and duties.

CHAPTER II

FINANCIAL PROVISIONS

Budget :

Article 20 - Sufficient funds are allocated in a special section of the Prime Ministry's budget to cover the MIT's expenditures.

If the allocated funds prove to be insufficient to meet all expenses within the fiscal year, the Ministry of Finance shall give priority to the allocation of more funds to the MIT.

The Undersecretary of the MIT has the authority to decide on where to spend these funds.

The Undersecretary may transfer this authority with his written consent.

The funds to be allocated for the MIT in the Prime Ministry's budget are determined in a secret meeting of the legislative body's relevant commission.

The principles and methods governing the preparation of the MIT's budget and expenditures are dictated by the relevant regulations.

Covert Service Expenses :

Article 21 - The Undersecretary of the MIT is responsible to account for covert service expenses to the Prime Minister.

Implementation of the Budget :

Article 22 - The MIT's expenditure is not subject to Law no. 1050 on Public Accounting and Law no. 2886 on Government Bids and the annexes and amendments thereof.

The procedures regarding the implementation of the budget are specified by regulations.

Allocation of Foreign Currency and Exemptions :

Article 23 - In case of necessity and urgency, allocation of foreign currency will be effected without considering the regular import quota for the MIT for the acquisition of all types of weapons, equipments, instruments and materials.

Those weapons, equipments, instruments and materials are exempt from all taxes and duties regardless of their means of acquisition.

Acquisition of Vehicles :

Article 24 - The Undersecretariat of the MIT is not subject to Articles 4, 5 and 6 of Law no. 237 on Vehicles.

As stipulated in Article 10 of the same Law, the type and quantity of vehicles to be purchased, either locally or from abroad, shall be determined with the Prime Minister's approval.

CHAPTER III

MISCELLANEOUS PROVISIONS

Bearing Arms :

Article 25 - Members of the MIT may carry their personal or inventoried firearms everywhere, including residential areas.

Penal Procedures :

Article 26 - Initiation of penal procedures for crimes that members of the MIT have allegedly committed due to or during the fulfillment of their mission are subject to Prime Minister's approval.

Penal Provisions :

Article 27 - Those persons who obtain documents and information concerning the MIT's duties and operations shall receive 2 to 8 years of aggravated imprisonment, unless the action they commit necessitates a more severe punishment.

If the crime specified in the first paragraph has been committed due to simple negligence or through the facilitation of a person in possession or in the knowledge of such documents or information despite the termination of his official title and post, the perpetrator shall be sentenced with aggravated imprisonment for a term of 1 to 5 years.

The person who reveals the contents of such documents and information or discloses the documents or information themselves will be sentenced to aggravated imprisonment for a term of no less than five years, unless the crime necessitates a more severe punishment. If the crime has been committed due to the offender's negligence, the term of imprisonment shall between 6 months and 2 years.

If the crime of disclosure has been committed through publication, the penalty will be increased by fifty percent.

Obstructing the Exercise of Powers :

Article 28 - The provisions of the Turkish Penal Code shall be applied to those who obstruct the exercise of the powers specified in this Law due to negligence or with intention.

Testimony :

Article 29 - The testimony of members of the MIT may be heard with the Undersecretary's permission in case the mission's secrecy or National interests require it.

Exceptions :

Article 30 - Personnel of the MIT, working at the Headquarters or field units are not subject to the Law on The Organization and Responsibilities of the Ministries.

Doctors employed at the MIT are not subject to the provisions of Law no. 2514 on the Mandatory Government Employment of Some Medical Staff issued on 21/08/1981. However, physicians and expert doctors each have to work at the MIT for 4 uninterrupted years.

Actual Service Year Augmentation :

Article 31 - Those who are in the MIT's actual cadres and are still working, receive a service year augmentation of 3 months for every year they have worked starting from their date of joining the organization as per Article 32 of Law Nr. 5434.

Regulations :

Article 32 - The regulations that are to be issued as provided for under various articles of this Law shall be prepared by the MIT Undersecretariat within six months following the issuance of this Law and shall come into effect with the Prime Minister's approval. These regulations shall not be published in the Official Paper.

Annulment :

Article 33 - Law no. 644 on the National Intelligence Organization, with all its supplements and amendments have been annulled.

Temporary Article 1 - The MIT's structure shall be reorganized on the date of publication of this Law. New cadres shall be acquired according to the requirements of the new organizational structure. Already existing cadres shall remain in effect and financial allocations shall be made for these cadres until the acquisition and appointment of new cadres.

At the date of issuance of this Law, all ratifications regarding the appointment of National Intelligence Services personnel as government officials shall include the already existing cadres for one time only.

Temporary Article 2 - The actual service year augmentation for National Intelligence Services employees for previous years to be calculated and added to their actual service years in accordance with Article 31 shall be verified to be paid by the organization. In doing that the pension premium deductions for each year to be added and the counters corresponding to these premiums shall be taken into consideration.

Temporary Article 3 - Until the time when the regulations provided for under this Law come into effect, those regulations issued in accordance with Law Nr. 644 will remain in force, provided that they do not conflict with the provisions of this Law.

Validity :

Article 34 - This Law shall come into effect as of January 1, 1984.

Execution :

Article 35 - The provisions of this Law shall be executed by the Council of Ministers.