STRUCTURE AND ORGANOGRAM

 

The Portuguese Republic Intelligence System (SIRP) was established with the approval of Law 30/84, of 5 September that lays down its general framework. This Law suffered some modifications, namely under Law 4/95, of 21 February; Law 15/96, of 30 April; Law 75-A/97, of 22 July; and more recently and profoundly, under Organic Law 4/2004, of 6 November, that was complemented by Law 9/2007 of 19 February that sets forth the legal status of the SIRP Secretary-General, of SIED and of SIS under a single Act, hence revoking both Services’ Regulations, namely Law Decree 254/95 of 30 September and Law Decree 225/85 of 4 July.

Aims of the System:
Under Law 30/84 the aim of SIRP is to produce intelligence that may contribute necessary to safeguard national independence and ensure internal security. Such aims become effective through the powers and remit of the Services set up by the law.

 

Operational structure of SIRP. 

 

 

Supervisory Board:
The Supervisory Board is elected by Parliament and scrutinizes the lawfulness of SIRP activities in matters concerning rights, freedoms and guarantees. The Supervisory Board follows and overviews Secretary-General and the Intelligence Services Secretary-General, watching over the enforcement of the Constitution and the Law, especially regarding the legal framework on the citizens’ rights, freedoms and guarantees.

Higher Council of Intelligence:
The Higher Council of Intelligence Superior Council is an inter-ministerial organ of consult and coordination in intelligence matters. It is chaired by the Prime Minister.

Data Oversight Commission:
The Data Oversight Commission of the Portuguese Intelligence System checks the activities of the Data Centres. Members are appointed and sworn in by the Attorney General.

Secretary-General:
The position of Secretary-General was established under Law 4/2004. The first to hold this position was  Domingos Manuel Jerónimo Martins. It is currently held by Júlio Alberto Carneiro Pereira.

The Secretary-General’s main powers are to head, coordinate, control and supervise the Intelligence Services’ activities and articulate his activities with the other SIRP bodies. He also overviews the Intelligence Services’ activities as regards the legality of their activities and obedience to the Government’s guidelines. 
The Secretary-General is appointed and removed from office by the Prime Minister and his appointment is preceded by an audition before a Parliamentary Committee.

SIRP is fed by the intelligence produced by the Intelligence Services: SIS and SIED. Both Services have different albeit complementary missions.

The mission of SIED is to produce intelligence that may contribute to safeguard national independence, national interests and external security of the Portuguese State.

SIS is in charge of producing the intelligence that may contribute to safeguard internal security, pre-empt sabotage, terrorism, espionage and any such actions that given their nature may alter or destroy the Rule of Law enshrined in the Constitution.  
The Secretary-General, SIED and SIS report directly to the Prime Minister (PM) and the PM may delegate his legal powers within SIRP to a member of the Government who sits in the Presidency of the Council of Ministers.

 

Links between SIRP bodies:
Parliament elects the members of the Supervisory Board;
hears the nominee for Secretary-General within a Parliament Committee;
and may request the presence of the Oversight Committee before a Parliament Committee for clarification purposes.
The Oversight Committee secures the control of SIRP by overseeing the activities of the Secretary-General and the Intelligence Services;
The Secretary-General heads, co-ordinates, controls and supervises the activities of the Intelligence Services and articulates their activities with those of other SIRP bodies.

The Prime Minister supervises the Secretary General and the Intelligence Services (he may delegate such powers) and chairs the Intelligence Superior Council.
His mission is to:
Keep the President informed about SIRP’s activities, either directly of through the SG;
appoint and exonerate the SG, and the heads of SIED and SIS (both after hearing the SG);
Overview and lay the guidelines concerning the activities of the Intelligence Services;

The Higher Council of Intelligence Council is an inter-ministerial consult body that coordinates intelligence. It operates within the Presidency of the Council of Ministers and is convened by the Prime Minister.
Members of the SIRP Data Oversight Committee are appointed and sworn in by the Attorney General; 
The Data Oversight Committee oversees the Data Centres.

SIRP’s Acting Principles:
Compliance with the Constitution and the Law;
respect for the rights, freedoms and guarantees;
respect for the specific remit of each service – each service may only gather and treat intelligence within its specific powers and duties;
legality of remit and powers and duties, while establishing that the aims of SIRP are met only in compliance with the remit and powers of the Services laid down in the Framework Law;
Restrictions to the scope of action of SIS and SIED officers and agents, who are forbidden to exercise any powers, perform any acts or carry out any activities that are the competence of the Courts of Law or of the Police Forces; make arrests or initiate any criminal proceedings;
The exclusivity principle, forbidding other services to pursue objectives and activities identical to those of the SIRP bodies as laid down in the Framework Law;

All intelligence officers and agents are obliged by the duty of confidentiality and State secrecy restrictions, and may not disclose any intelligence they may have access to while performing their duties. All intelligence in connection with the Intelligence Services’ activities is deemed protected by State secrecy.

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