intelligence mm 89cm Servlco REPUBLIC OF SOUTH AFRICA VERSION NUMBER: 04 DATE: 13/06/2006 LEGAL: 1010712006 SURVEILLANCE POLICY PROCEDURAL MANUAL CONFIDENTIAL SASSIS4NHRIPAIPL VERSION NUMBER: 04 DATE: 1310612006 I LEGAL: 10l07l2006 SURVEILLANCE POLICY 8: PROCEDURAL MANUAL ISSUED BY THE OF THE SOUTH AFRICAN SECRET SERVICE IN TERMS OF SECTION 10(2) OF THE INTELLIGENCE SERVICES ACT. 2002 (ACT 65 OF 2002), AND - CERTIFIED CONSISTENT WITH APPLICABLE LEGISLATION AND REGULATIONS BY COMPLIANCE AND LEGAL COUNSEL ISSUED BY: DIRECTOR GENERAL - MR HA DENNIS CONFIDENTIAL SURVEILLANCE POLICY PROCEDURAL MANUAL TABLE OF CO TENTS PAGE 1. POLICY OBJECTIVES ..- .. 4 2. POLICY OWNER .. 4 3. TARGET GROUP .. 4 4. EXTERNAL REGULATIONS .. 4 '42 MANDATES IN TERMS OF THE ACTS ., .. 4 4.3 INTERPRETATION OF THE ABOVE MANDATES .. 5 5. SANCTIONS FOR NON-COMPLIANCE .. 5 6. DEFINITIONS .. 5 7. PROCEDURAL MANUAL .. 6 7.1 PRINCIPLES .. 6 8. GENERAL RESPONSIBILITIES ANO AUTHORITY .. 7 9. RESPONSIBILITIES OF THE SURVEILLANCE UNIT .. 8 APPLICATION FOR SURVEILLANCE .. 9 OPERATIONAL PLAN: SURVEILLANCE 14 BUDGET CONFIDENTIAL 18 SURVEILLANCE POLICY PROCEDURAL MANUAL 1.2 1.3 2.1 3.1 4.1 4.2 4.2.1 POLICY OBJECTIVES To regulate the execution of surveillance by SASS, by the monitoring of targets through the utilisation of physical surveillance, in order to gather intelligence related information; To ensure that the surveillance by SASS is aligned with the legal mandate and responsibilities of SASS: and To establish standards and guidelines for the implementation. effective management and control of surveillance within SASS. POLICY OWNER This Policy shall be administered by the Division: Surveillance Services. TARGET GROUP This Policy applies to and is binding on all Core Business Directorates within SASS requiring the service of the Division: Surveillance Services. EXTERNAL REGULATIONS The following places of legislation inform this Policy: The Constitution of the Republic of South Africa Act 108 of 1996; 0 intelligence Services Act 65 of 2002; 0 National Strategic Intelligence Act 39 of 1994; 0 Intelligence Services Regulations. 2003: and Ministerial Delegation of Powers and Directives of Payment. MANDATE IN TERMS OF THE ACTS in terms of the National Strategic intelligence Act. No. 39 I 1994 (hereinafter referred to as ?the Act?), the mandate of the South African Secret Service (hereinafter referred to as ?the Service") . is to gather. correlate. evaluate and analyse foreign intelligence. excluding foreign military intelligence. CONFIDENTIAL 4.2.2 4.2.3 4.3 4.3.1 4.3.2 4.3.3 5.1 5.2 6.1 The Act further provides that SASS shall institute counter-intelligence measures within the Service; and in consultation with the MA, counter-intelligence measures outside the Republic. This Policy was developed in line with the relevant pieces of legislation. INTERPRETATION OF THE ABOVE MANDATES Foreign Intelligence as de?ned in the Act means ?intelligence on any external threat or potential threat to the national interests of the Republic and its people. and intelligence regarding opportunities relevant to the protection and promotion of such national interests irrespective of whether or not it can be used in the formulation of foreign policy of the Republic?. The Act does not suggest that foreign intelligence can only be gathered outside the Republic. With refers to 'oounter?intelligence". the legislature has used the werds ?outside the Republic', these words are not, used in the case of gathering intelligence. Therefore, the legislature in its construction recognises the fact that foreign intelligence can be within our borders and is not limited to beyond them. A foreign threat can be hatched outside the South African borders but be executed within them. The mandate must not be interpreted in terms of physical borders but rather in terms of the origins/nature of the threat. as the case may be. SANCTIONS FOR NON-COMPLIANCE Any instance of non-compliance or failure to report any irregularity shall constitute misconduct in accordance with the stipulations contained in Chapter XVII and/or Chapter of the intelligence Services Regulations. 2003 (Disciplinary Procedure). The Director-General may approve any deviation from the provisions of We Policy in his/her diecretlori considering the best 'nterests of the Service. DEFINITIONS "Member" means a member in the service of SASS CONFIDENTIAL gas?w 6.2 6.3 7.1 7.1.1 7.1.2 7.1.3 7.1.4 0 "Subject" means a person. place or object as the case may be that is placed under surveillance. 'Terget" has the similar meaning. means a speci?c collection process In which a member of the Surveillance Services Division collects information using his/her skills in observing a person or place with the aim of determining details of the activities. contacts and/or identities of inhabitants as the case may be. Surveillance can be either static or mobile. PROCEDURAL MANUAL PRINCIPLES Application for surveillance requires the completion of a form. 'Appiication for Surveillance? (attached as Annexure that comprises hvo parts, PART 1 with an attached Annexure and PART 2. In a situation where an extension and/or adjustment is required. the applicant must re?apply using the above mentioned form. (Annex In a case where the target de?ned in the 'Application for Surveillance" form is a member. the SSHE Committee must approve the request. regardless of the location of the member, before any operation is executed. PART 1: Must be completed by the relevant General Manager in consultation with the Manager: Operational Support and the Divisional Head: Surveillance. Thereafter the form must be submitted to the Cities of the relevant Deputy Director-General: Core Business for approval. Part 1 includes the following Target: Name of the target; Intelligence ConnectionlAItegatlons: Indicate the intelligence connection or dlegations on the target; Target Authorization: Indicate Mather the target is one of your objectives according to your Business Plan: Why Surveillance Is required: Indicate what is expected the Division: Surveillance Services during the duration of the surveillance operation. The client must indicate the speci?c nature of service that is required; (6) Risks: Indicate the risk assessment on the subject; Priority: Indicate with an if it is a routine. urgent or immediate request; CONFIDENTIAL w? 7.1.6 7.1.7 7.1.8 7.1.9 8.1 8.2 8.3 8.4 7 (9) Duration: indicate the number of days envisaged and it surveillance on the subject required will be intensive or perioc?c; and Dates: indicate the period for which the surveillance is required. The 'Annexure" attached to PART 1. must include all requiredlrelevant background information on the subject. The authorised "Application for Surveillance? must be submitted to the of?ce of the Manager: Operational Support. Thereafter the Manager must deploy the relevant member/s for the execution of the request. BART 3 must be completed by the Divisional Head: Surveillance and authorised by the Manager: Operational Support. Part 2 includes: Operational Plan; and Budget The Divisional Head: Surveillance. in conSuilation with the Manager: Operational Support must then convene a panel meeting with the requesting Applicant (Client) in order to discuss the application for surveillance in full detail. GENERAL RESPONSIBILITIES AND AUTHORITY The Division: Surveillance Services shall be responsible for implementation. management and control oi all surveillance operations and therefore it is the prerogative of the Divisional Head: Surveillance to determine the practicalities that must be utilised in order to achieve the objective of the request. The relevant Deputy Directors-General: Core Business must approve requests for surveillance prior to any service being rendered. Approval must be obtdned by the requesting client prior to services being rendered. The Deputy Directors-General: Core Business. in consultation with the Manager". Operational Support must provide an overall policy guidance for the interpretation. implementation and application of this Policy. CONFIDENTIAL 8 9. OF THE SURVEILLANCE SERVICES DIVISION 9.1 The Divisional Heed: Surveillance shall be responsible for: The planning and monitoring of surveillance operations; The preparation of reports for chief directorate reviews; and The approval of expenses for the surveillance operations. 9.2 The Manager: Operational Support shall be responsible for: Ensuring that surveillance is only conducted/carried after approval by the designated of?cial: The authorisation of operational plans and operational expenses regarding surveillance operations; and l' Reviewing all completed authorised operations. 9.3 The Division: Surveillance Services, through the Administration Of?cers. must ensure that the required documentation pertaining to the management of the equipment and its control is updated and maintained. The documentation referred to above Includes the following: i User register - tracking the user of a particular piece of equipment and/or device; and a Stock control register - indicating the equipment on hand at the facility where it is stored. CONFIDENTIAL intelligence Soulh AfrIcan Secret Sam REPUSLIC OF SOUTH AFRICA OPERATIONAL UNIT 20? DEPUTY DIRECTOR GENERAL MANAGER OPERATIONAL SUPPORT DIVISIONAL HEAD FOR SURVEILLANCE APPLICATION FOR SURVEILLANCE PART 1 raggain?ate whether'tIio tifgat ls On??bfybur objoc?'vu 3M9 I36 kdii?uhsiad'i'iladi. - -- .- - . i'4' -- - a 7 . Routan Urgent Immedlate CONFIDENTIAL 10 L-Hr?. . - a. 2' I {par-2?awn - InI51tun-?Aut?fJJ . It," - . :Vninn-r; ?its; - - . Number of days lntenslve Periodic - him. I - - From Until 8. Y0ur attention is appreciated. DATE: GENERAL MANAGER (Client) APPROVED I NOT APPROVED DATE: DEPUTY DIRECTOR GENERAL CORE BUSINESS (Only applicable in Counter-Intelligence investigations where the target is de?ned as a member of SASS) APPROVED I NOT APPROVED DATE: SSHE COMMITTEE CONFIDENTIAL ll ANNEXURE BACKGROUND INFORMATION ON THE TARGET 1 .. EXPECTED AREAOWOVEMENT South Africa (Soeclty) Outside the borders of South Africa (Specify) 2 . Surname Full Names identity Number Passpon Number Aliases Home Address Telephone number(s) Employer Position Work Address Telephone number(s) Other 3 '9 I: 5 Recent photograghsNideoa available Yes No Can subject he pointed out if no photos are available Yes No Where and by whom? Height Build Skin colour Hair colour Hair style colour Date of Birth/Age Other Factors i 12 4 -. 7 . bmncumas or sueJEc'rbrAm'LrU Spouse's Names lDIPaseport Number Number of other adults living at same address Their relationship to subject Number of children andgge Children at schoolmame) Gardener Housekeeper Au pair Other 5 -. ?an-looser uriuseo'af SUBJECT Vehicles Registration nr Model Make Colour jggistration nr Model Make Colour Public Transport (Specify) .. i 6.1 Known contacts of the subject?nciuding neighbours) 6.2 Places often frequented by the subject 6.3 Operational modus operandi 6.4 I Social, Domestic and Private Routines 1 6.5 Kan ports of entry fguented by tiget 6.6 Other CONFIDENTIAL ow.? I3 7 . A?oe?e Dlrect Indirect Agent-ln-place Other Other (Explain) .2 mn?u'ms 0F Amc'm' Name Uni! Telephone number Work Cell phone Briefing Arrangements w?m CONFIDENTIAL [4 intelligence South African Secret Sonics REPUBLICOF SOUTH AFRICA [?le No I PHYSICAL SURVEILLANCE UNIT 20_ MANAGER OPERATIONAL SUPPORT OPERATIONAL PLAN: SURVEILLANCE PART 2 Tam of Application 1 Date Received . - - NumbqrofDays' From . 'Untli- 2 i EXPECTED South Africa Outside the borders of South Africa 3 madman-Mo's OPERATION indicate With? (X) . - . Physical Surveiila'noe Convoy during personal meetini Electronic Surveillance Assist with compiling a Monitoring meetinL Monitoringpf a DLB Identity contacts Assist with Elanning of agent meeting Obtain photographs Background information on ?Egg Obtain Vidoo Counter Surveillance Obtain Audio OTHER 4 . .. I RISK mv'oLVao. CONFIDENTIAL Teim Leider? ?M??mborsi' .7 3"nmim? .Iz- 1' f'fFo'otM'an 'L?i?d?f th?s' 6 in 9 ~5 ?Members. ?Duties-?- . . 7 -- ?Me'inbers .. . . a 7 2 LD'a'tehn'd ?lght?hb ?Gohbrailif 9 -. - . papa-5' . Merhbef'} G?n?hlj I 1o 5 Typdoi'y?p?hlcle I Rag'h'lo. 7' 11 ,comuchTids.? Members. .. 099m" . "89.99. CONFIDENTIAL A l6 12 i'rmc'es- ?i 5 1mm - Mqtii'attdn See Attached Budget 13 tows?', -- Cgve?r for. Status . Member; Type of Co??r 5 l' - :Miml?m? TM?oI'cqve'i: 14 giscmiogl ogiqu??hk?on 14.1 I . Membei?s P'o??pn; 14.2 . :Memb?rs' Po? ilon?j - 14.3 Milfnbars' Mtion? 2 14.4 :mcmem or FOOT-MEN- . Main bars quqgiong 'Re?ponaibl'nty CONFIDENTIAL 17 - - - -.-. - .-.- - I sir."- . 2.95.. 'fja .. --. -.-, I A 18 .. APPROVED - Manager 84A (Name) SIGNATURE Date CONFIDENTIAL 18 BUDGET PLANNING 3 Ramon? ?iomz-?luv. . ?0 .0 I 'Ieh1'tir0000) Subsistence Alloivance 802 (470010) Air Travel Local 803 (470030) Transport Other 304 (470060) Passport related Expenses 305 (470050) Hotel Accommodation 806 (470040) Vehicle Running Cost 307 (470020) Air Travel Foreign 320 (470120) Cellular Phone Service 005(400020) r-?oneurnablee -?Generai . .. - 605 (479000). Bank Charges ?4 Miscellaneous Ops Services -. .esasothEL EXPENDITURE .. I A25 (430200) Medical Expenses CONFIDENTIAL A-.. l9 CHECKLIST PRESENTATION OF POLICY TO EXECUTIVE MANAGEMENT SURVEILLANCE POLICY 1. POLICY DRAFTI ULI CONRADIE 2. CHAIRPERSON: SOCC 3. CERTIFIED CONSISTENT WITH APPLICABLE LEGISLATION AND REGULATIONS BY COMPLIANCE AND LEGAL COUNCIL SIGNED: DATE: 45?7 4. AUTHORISED: . ENDORSEMENT: DIRE ENERAL DA E: CONFIDENTIAL