CONFIDENTIAL PL MAY 2005 SOUTH AFRICAN SECRET SERVICE COUNTER-ESPIONAGE INVESTIGATIONS POLICY 8: PROCEDURAL MANUAL ISSUED BY THE OF THE SOUTH AFRICAN SECRET SERVICE IN TERMS OF SECTION 10(3) OF THE INTELLIGENCE SERVICES ACT. 2002 (ACT 65 OF 2002) CONFIDENTIAL 2 PART A: COUNTER-ESPIONAGE INVESTIGATIONS POLICY INDEX PAGE 1. POLICY OBJECTIVES 4 2. DEFINITIONS 4 3. FUNDAMENTAL PRINCIPLES 4 ALJAZEERA CONFIDENTIAL CONFIDENTIAL 3 PART B: PROCEDURAL MANUAL: INDEX PAGE 4 AUTHORITY TO CONDUCT CE INVESTIGATIONS 6 ALJAZEERA CONFIDENTIAL CONFIDENTIAL 4 PART A COUNTER ESPIONAGE INVESTIGATIONS POLICY 1. 1.1 2.1 2.2 2.3 3.1 3.2 3.3 3.4 POLICY OBJECTIVE To provide guidelines for the authorization, conduct and review of Counter- Espionage investigations. DEFINITIONS ESPIONAGE: Activities conducted for the purpose of acquiring by unlawful or unauthorized means, information or assets relating to sensitive social, political, economic, scienti?c or military matters of the Republic of South Africa, or for the purpose of their unauthorized communication to a foreign state, foreign political organization or hostiie intelligence organization. LEVEL ONE INVESTIGATIONS: This relates to the empioyment of overt investigative techniques such as but not limited to the following - Openiy interviewing of persons, 0 Conducting research on open information, and Perusing archives. LEVEL TWO COUNTER ESPIONAGE INVESTIGATIONS: This relates to the employment of covert investigative techniques such as but not limited to the following The tasking of secret sources, - The use of physical, signal and/or technicai surveillance measures; or interception of communication. FUNDAMENTAL PRINCIPLES The purpose of a level two Counter Espionage investigation shati be to prove or refute suspected cases of espionage in order to neutralise threats emanating there-from. Only the Division Counter Espionage investigation shall conduct levei two Counter Espionage investigations. The SSHE Committee authorises and reviews the conduct of ievel two Counter Espionage investigations. in exceptional cases, the Director?General may authorise a level two Counter Espionage investigation. The SSHE Committee shall authorise the transfer of dossiers to the South African Police Services (SAPS) or the National Intelligence Agency for neutralization purposes. CONFIDENTIAL CONFIDENTIAL 5 3.5 The subject of a level two Counter Espionage investigation must at no stage prior to the ?nalisation of the investigation know of the investigation being conducted against him/her. ALJAZEERA CONFIDENTEAL 4.1 4.1.1 4.1.3 4.2 4.2.1 4.2.1.1 4.2.2 4.2.2.1 4.2.3 4.2.3.1 4.2.3.2 4.2.4 4.2.4.1 4.2.5 6 PART PROCEDURAL MANUAL AUTHORITY TO CONDUCT COUNTER ESPIONAGE INVESTIGATIONS LEVEL ONE INVESTIGATIONS All members of SASS shall report suspicious observations, breaches or potential security breaches to 3 Counter Intelligence Of?cer in his/her own Chief Directorate. A Counter lnteliigence Officer who receives a report from a member or who witnesses such suspicious observations, breaches or potential breaches of security shall conduct a level one investigation within hislher own area of work . Every Counter Intelligence Of?cer who conducts a level one investigation shall report his/her ?ndings to hisiher Divisional Head who shall thereafter report to the relevant security Manager. A copy of the report shall also be given to the relevant security Analyst. LEVEL TWO CE INVESTIGATIONS INITIATION Level two Counter Espionage investigations may be initiated by different structures by applying to the SSHE Committee on a prescribed form attached hereto and marked annexure A. AUTHORIZATION in the application referred to in paragraph 4.2.1.1 above, the Counter Intelligence of?cer and hislher Divisional Head and the relevant Manager shall motivate the need for a level two Counter Espionage investigation. REVIEW If approved, the level two Counter Espionage investigations shall be authorised for a period not exceeding twelve (12) months. The Counter Espionage Investigation Unit shall report on the progress of the investigation to the SSHE Committee quarterly. - TERMINATION The SSHE Committee may at any time before the ?nalisation of an investigation, withdraw its authorisation for the Counter Espionage investigation and order the termination of the investigation. DAMAGE ASSESSMENT CONFIDENTIAL CONFIDENTIAL 7 4.2.5.1 The Counter Espionage investigation Unit shall at the end of every investigation report in writing to the SSHE Committee the outcome of the Counter Espionage investigation and advise the SSHE Committee of the extent of the damages. 4.2.6 OVER 4.2.6.1 Where appropriate the SSHE Committee will authorise the handover of a dossier to SAPS or APPROVED: SOUTH AFRICAN SECRET SERVICE MAY 2005 ALJAZEERA ANNEXURE A CONFIDENTIAL CONHDENHAL (Applicant?s Reference) (Applicant?s designated CD) e.g. Of?ce of the Manager Corporate Security Date of the Application The Safety Security Health Environment Committee - for attention APPLICATION FOR THE INSTITUTION OF A LEVEL 2 COUNTER ESPIONAGE INVESTIGATION 1. Name of Applicant: 2. Allegations 3. Credibility of the allegations: 4. Nature of the possible offence: CONHDENHAL 9 5. What is the envisaged outcome of the investigation? 6. Is it possible to obtain the required result without the use of covert techniques? 6. l. If not, state why not: 7. What is the expected duration of the investigation? Signature of the Applicant Recommended Not Recommended Divisional Head omme d/No eco ded CONFIDENTIAL CON FIDENTIAL 10 Approved Declined Conditions for Approval: H.A. DENNIS DIRECTOR GENERAL ALJAZEERA CONFIDENTIAL