mt! It?l- intelligence South African Secret Service REPUBLIC OF SOUTH AFRICA VERSION NUMBER: 04 DATE: 1310612006 LEGAL: 1 010712006 TECHNICAL INTELLIGENCE POLICY PROCEDURAL MANUAL CONFIDENTIAL SASSJS4AIHRIPAIPL VERSION NUMBER: 04 DATE: 1 310612006 LEGAL: TECHNICAL INTELLIGENCE POLICY 8: PROCEDURAL MANUAL ISSUED BY THE DIRECTOR-GENERAL 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 GEN MR HA DENNIS CONFIDENTIAL . v?wvw? w- - . TECHNICAL INTELLIGENCE POLICY PROCEDURAL MANUAL TABLE OF comgms INDEX .. .. . . TARGET SANCTIONS FOR DEFINITIONS . 7. PROCEDURAL 7.1 APPLICATION PROCEDURE FOR TECHNICAL SERVICE 7.2 APPLICATION PROCEDURE FOR TECHNICAL SERVICE IN .. . 7.3 APPLICATION PROCEDURE FOR TECHNICAL EQUIPMENT .. . .. 8. GENERAL RESPONSIBILITIES AND .. .. 9 RESPONSIBILITIES OF OPERATIONAL . 10. GENERAL MANAGEMENT OF TECHNICAL .. . ANNEXURE AIREQUEST FOR TECHNICAL SERVICE FORM .. ANNEXURE B: REQUEST FOR TECHNICAL EQUIPMENT . . . .. ANNEXURE C: TECHNICAL INTELLIGENCE PROFILE ANNEXURE D: APPLICATION FOR INT ERCEPTION DIRECTION . ANNEXURE E: SUMMARY OF RELEVENT SECTION FROM ACT 70 OF . CONFIDENTIAL EXTERNALREGULATORY . . PAG N?zq'u'a?m'wioio'm auxin-AA 12 w- 1.1 1.2 1.3 1.4 OBJECTIVES To regulate the collection of intelligence through technical means by SASS abroad with the aim of technically monitoring authorised targets. To regulate the collection of intelligence through technical means by SASS inside South Africa: where necessary in consultation with To regulate the collection of intelligence through interception of communication in collaboration with Of?ce for interception Centre (OIC), according to Act 70 of 2002. To provide standards and guidelines for the employment. effective management and control of technical service and technical equipment within SASS. POLICY OWNER ihe Technical Service Division of SASS. TARGET GROUP This Policy applies to all Core Business Directorates in SASS that need the services of the Technical Service Division with the aim of monitoring targets. EXTERNAL REGULATORY FRAMEWORK The fellowing pieces-of legislation serve as guidelines that inform the Policy: National Strategic intelligence Act 39 Of 1994; 3? intelligence Services Act 65 of 2002; - Intelligence Services Regulations, 2003; Regulation of Interception of Communications and Provision of Communicated-related Information Act. 2002 (Act 70 of 2002). CONFIDENTIAL w?-w SANCTIONS FOR NON-COMPLIANCE Non-compliance with this Poiicy shalt be dealt with in terms of Chapter Will of the Intelligence Services Regulations, 2003 (Disciplinary Procedure). The Director-Generai may approve any deviation from the provisions of this Policy if such deviation is in the best interest of the Service. DEFINITIONS "Applicant": means a member as de?ned in section 1 of Act 65 of 2002: if the application is to be submitted to the designated judge, the member concerned must obtain in writing the approval in advance from the relevant Deputy Director?General (as defined in section 1 of Act 70 of 2002), and 'Ciient' has a corresponding meaning. ?Communication?: means both a direct communication and an indirect communication. ?Communication-related information": means any information relating to an indirect communication which is available in the records of a telecommunication service provider, and includes switching. diailing or information that identifies the origin, destination, termination, duration. and equipment used in respect of each indirect communication generated or received by a customer or user of any equipment, facility or service provided by such a telecommunication service provider and, where appilcable. the location of the user within the telecommunication system (as de?ned in section 1 of Act 70 of 2002). "Client": means a member requesting or receiving technical service. "Designated judge": means judge as de?ned in section 1 of Act 70 of 2002. "Direction": means any interception direction. mat-Me communication-reiated direction, archived communication-related direction or direction issued under Act 70 of 2002. and includes an oral direction issued under section 23(7) of Act 70 of 2002 (aii as de?ned in section 1 of Act 70 of 2002}. CONFIDENTIAL "Direct communication?: means an oral communication between two or more persons which occurs in the immediate presence of all the persons participating in that communication; or utterance by a person who is participating in an indirect communication, if the utterance is audible to another person who, at the time that the indirect communication occurs. is in the immediate presence of the person participating in the indirect communication (as de?ned in section 1 of Act 70 of 2002) ?Indirect communication": means the transfer of information as de?ned in section 1 of Act 70 of 2002. including a message or any part of a message. whether in the form of (speech. music or other sounds; data: text; visual images; signals; radio frequency spectrum). "Entry Warrant?: means a warrant issued under section 22(3) of act 70 of 2002 and which authorises entry upon any premises for purposes of:- intercepting a postal article or communication on the premises; or installing and maintaining an interception device on, and removing an interception device from. the premises, and including an oral entry warrant issued under section 23(7) of Act 20 of 2002. "intercept": means the aural or other acquisition of the contents of any communication through the use of any means. including an interception device. so as to make some or ail of the contents of a communication avaiiable to a person other than the sender or recipient or intended recipient of that communication, and includes the:- monitoring of any such communication by means of a monitoring device: viewing. examination or inspection of the contents of any indirect communication; and . diversion of any indirect'communication from its intended destination to any other destination, and ?interception' has a corresponding meaning. ?Interception device?: means any electronic. mechanical or other instrument, detn'ce, equipment or apparatus which is used or can be used, whether by itself or in combination with any other instrument, device. equipment or apparatus to intercept any communication (as defined in section 1 of Act 70 of 2002) CONFIDENTIAL -0- ?Monitortng device": means any electronic. mechanical or other instrument. device. equipment or apparatus which is used or can be used, whether by itself or in combination with any other instrument. device. equipment or apparatus to listen to or record any communication. I means the interception and processing of electromagnetic signals in order to extract potentially relevant intelligence, and ?Signals intelligence" has a corresponding meaning. "Target": means the person. place or object that is monitored through technical means or by use of technical service or technical operation. and ?Subject' has a corresponding meaning. means a speci?c collection process in which the member collects information, using his technical eavesdropping devices. and ?Technical Intelligence' has a corresponding meaning. ?Technical Service Division": means the unit within the Operational Support Directorate responsible for technical intelligence Collection; and ?Technical Collection Division', or 'Technicat Support Division.', or applicable name has a corresponding meaning. ?Technical Service": means the service. operation or sequence of activities rendered by an authorised member of the Technical Service Division. and ?Technical Operation? has a corresponding meaning. ?Technical Operation": means an, approved act undertaken by a member for the purpose of conducting secret technical collection, the audio and video eavesdropping on a target, photographic collection. room and conference monitoring, telecommunications eavesdropping and conducting technical surveillance. ?Technical Equipment": means the equipment available withh the Operational Support Directorate. CONFIDENTIAL 7.1 7.1.1 7.1.2 7.1.8 7.1.7 7.1.9 detail. PROCEDURAL MANUAL Application procedure for Technical Services Abroad An applicant that requires any technical Service must make a request in writing by completing a 'Request for Technical Services form' (attached as Annexure in a situation where an extension andlor adjustment is required, the applicant must re-apply using the above mentioned form (Annexme The applicant must complete the Technical lnte?igence Pro?le form (attached as Annexure that provides the necessary background infonnation regarding the intended technical service or operation. The pro?le must be attached as an annexure to the form. The form must be completed in cor-isolation with the Manager. Operational stpport and the Divisional Head: Technical Services. The requisition form with the necessary pro?le must be submitted to the relevant General Manager for recommendation. thereafter be submitted to the Of?ce of the Deputy Director-General or If not available to the Of?ce of the Director-General. as the case may be for approval. in the case where the target de?ned in the requisition tennis 3 member of SASS. the request must be approved by the SSHE Committee, regardless of the location of the member; before any operation is executed. The approved request for service form must be submitted to the of?ce of the Manager: Operational Support. The manager must deploy the relevant member(s) to execute the operation after the panel meeting. The Divisional Head: Technical Services. in consultation with the Manager: Operational Support must then convene a panel meeting which includes the applicant (client). in order to discuss the application for technical service in full Depending on the type of sentices required. the applicant may be requested to provide additional background infonnation before the Operation is executed. In all operations. the delegated. moons) of the Technical Services Division must prepare a Technical Operational Plan mitten must a deleted risk assessment before the operation is executed. The Operational plan must be approved by the Manager or if not available. the Deputy Director-General, as the case may be. CONFIDENTIAL 7.2 7.2.1 7.2.2 7.2.3 7.2.4 7.2.5 7.2.6 7.2.7 7.2.8 .0- Application procedure far Technical Services in RSA An applicant that requires any technical service shall request in writing by completing a ?Request for Technical Services form' (attached as Annexure The applicant must complete the Technical Intelligence Pro?le form (attached as Annexure that provides the necessary background information regarding the intended technical service or operation. The pro?le must be attached as an annexure to the form. The farm must be completed in consultation with the Manager: Operational support and the Divisional Head: Technical Services. The requisition form with necessary pro?le must be submitted to the relevant General Manager for recommendation. thereafter be submitted to the Of?ce of the Deputy Director-General or if not available, to the Of?ce of the Director?General. as the case may be for approval. in the case where the target de?ned in the requisition form is a member, the request must be approved by the SSHE Committee. regardless of the location of the member; before any operation is executed. The approved request for service must be submitted to the of?ce of the Manager: Operational Support. The manager must deploy the relevant member(s) to execute the operation alter a panel meeting. The Divisional Head: Technical Services in consultation with the Manager: Operational Support must then convene a panel meeting which includes the applicant (client) in order to discuss the application for technical service in full detail. Depending on the type of services required, the applicant may be requested to . provide additional background information belore the operation is executed. The Divisional Head: Technical Service in consultation with the Manager. Operational Support must determine the need for an interception direction'or entry warrant; taking into consideration all applicable laws and regulations. The unit must advise the applicant (client). and where necessary in consultation with MA on the procedure to follow on the application for the interception direction (or applicable direction) or entry warrant if required. from the designated Judge (see Application Template: Annexure CONFIDENTIAL 7.2.9 7.2.10 12.11 7.3 7.3.1 7.3.2 8.1 8.1.1 -3- lf the direction is approved or issued by the designated judge. the Operational Support Directorate or Technical Service Division must prepare a technical operational plan which must include a detailed risk assessment in consultation with the client before the operation is executed. The operational plan may be approved by the Manager if not available, by the Deputy Director?General. as the case may be. in the case of technical operation, the delegated membeds) of the Technical Services unit must prepare a Technical Operational Plan which must include a detailed risk assessment before the operation is executed. The operational plan may be approved by the Manager or if not available. by the Deputy Director- General. The Technicai Service Division and where necessary in consultation with must be responsible for the execution of the required technical service; and the information received during the execution of the service must be Submitted to the client, and the general feedback on the technical operation must be provided to the line functional management. Application procedure for Technical Equipment An applicant that requires any technical equipment must request in writing by completing a ?Request for Technical Equipment form" (attached as Annexure The form must be completed by the applicant. the line functionai Manager holding a position of at least Divisional Head or Country Manager must recommend, thereafter be fomarded to the Of?ce of the Divisional Head Technical Servicestor approval. GENERAL RESPONSIBILITIES AND AUTHORITY CRITERIA The Technical Service Division shall be responsible for implementation. management and control of all technical services or technical operations within SASS. CONFIDENTIAL 8.1.5 9.1 9.2 v?U. Technical service must be used as an intelligence collection tool on priority targets to collect accurate, evident and timeous intelligence. All approved requests for technical service must be forwarded to the of?ce of the Manager Operational Support or if not available to the Divisional Head: Technical Services. The applicant (client) must forward an application and make necessary arrangement for approval prior to any service being performed. It shall be the prerogative of the Divisional Head: Technical Service to determine the practical methods and means to be utilised in order to achieve the objective of the request; the method and means must be outline on the approved Technical operational plan. All Operations shall only be executed when accompanied by the approved detailed risk assessment. The Manager Operational Support. where necessary in consultation with the relevant Deputy Director General. shall provide overall policy guidance for the interpretation implementation and application of this Policy. RESPONSIBILITIES OF OPERATIONAL SUPPORT The Manager: OperationalSuppon shall be responsible for: (3) Provision of an overall policv guidance for the interpretation, implementation and application of this Policy to Top Management; Approval of operational expenses regarding technical servicesloperations: (0) Approval of the risk assessment; Reviewing all completed authorised operations. The Divisional Head: Technical Services shall be responsible for: Planning and monitoring of technical services! operations; (is) Informing core business Chief Directorates about the technical services. standards, procedures and conditions for applying for technical services: CONFIDENTIAL 9.3 9.4 10 Arrangement 1for interventional training necessary for core business members and Technical Of?cer(s) to execute the technical servicesloperations; Oversight Management. control of technical equipment, and Approval of request for technical equipment: Recommendation of the risk assessment. The Technical Of?cers: Operational Support shall be responsible for. Planning and execution of technical operation; Management and maintenance of technical equipment; Research. development and customization of technical equipment; Preparation of the risk assessment. The Assets Controller: Operational Support shall be responsible for: Management and control of all technical equipment; Maintenance and update of Assets Register. GENERAL MANAGEMENT OF TECHNICAL EQUIPMENT (8) The applicant must return the Technical Equipment in good working condition, as before collecting the equipment. Ensure that the Technical Equipment is returned within the speci?ed period as in the Requisition for Technicai Equipment Form. Provide feedback on the operation of the Technical Equipment. The Assets Controller or it not available. the designated Member of the Operational Support. as the case may be. must receive and test the working condition of the Technical Equipment; sign the Request for Technical Equipment form to acknowledge receipt thereof. in the case of outstanding technical equipment, the client (applicant) must provide reasons in writing for not returning the Technical Equipment within the speci?ed period as in the Requisition for Technical Equipment form. If the Technical Equipment is lost or stolen: An af?davit must be submitted to Operational Support stating in detail what happened to the Technical Equipment, The client must be responsible for lost or stolen Technical Equipment. CONFIDENTIAL nu The Assets Controller or if not available, the designated Member of the Operations! Support, as the case may be. must ensure that: the Technical Equipment is returned within the speci?ed period as in the Requisition for Technical Equipment Form; On a basis provide a report on the requested, returned and outstanding Technical Equipment to the line functional management of Operational Support. The Divisional Head: Technical Services shall ensure that: All outstanding Technical Equipment is recovered from the client; Advise the client of the action to be taken in case of lost or stolen Technical Equipment in consultation with the Assets Management unit, Legal unit and Top Management. The Assets Controller. Operational Support shall: Physically take stock of all the Technical Equipment every six months, or whenever necessary to verify the existence of the equipment; Conduct inspection of all technical equipment loaned to members place abroad annually. or when members visit the Headquarters; Update the Stock Register of all Technicat Equipment on new equipment, issued equipment. lost and damaged equipment; Ensure that the state of the equipment must also be noted in the register. CONFIDENTIAL a [an Annexure A: REQUEST FOR TECHNICAL SERVICE FORM 1% - I . Inte Ingence A g- 5m African Secret Service REPUBLIC or SOUTH AFRICA REQUEST FOR TECHNICAL SERVICE Appointment Number I I I I I I Surname 8. Initials I 4 Desk 1 i I Tel. Ext: I 4 Of?ceNurnber CellNoer Type of Service (signal interception, audio monitoring, video monitoring, computer cloning, PC monitoring) Target country (where service is to be rendered) Date of operation: I i ?1 I Duration ofthe Operation: Is the Technical Intelligence Pro?le is complete and attached? Yes [401:] Signature of Member. Date: I I I I Recommended/ Not recommended General Manager Date: I II I II Signature: Application Approved [Not approved Deputy Director General ISSHE Committee Signature: Date: LI I LII Application Received Of?cial Designation Signature: Date: I I I I CONFIDENTIAL -14? Annexure B: REQUEST FOR TECHNICAL EQUIPMENT FORM $41382 intelligence a 50th African Secret Service REPUBLIC OF SOUTH AFRICA REQUEST FOR TECHNICAL EQUIPMENT (E62) Appointment Number I 1 I Surname Initials DESK I I i Tel. Ext: I Of?ceNumber .. cen'NoQUANTITY ITEM DESCRIPTION SERIAL NO. SIGNATURE SIGNATURE (When Collecting) (When Reluming) PERIOD OF LOAN: FROM: ..TO: .. PURPOSE FOR . .. Is the any training reQuired. . . Signature of Member. Date: If I I I Recommended 1 Not recommended Of?cial Designation Si nature: FOR OFFICE USE: Applica?on Approved [Not approved Of?cial Designation Signature: Issued by (Name): Signature EQUIPMENTISI RETURNED LDate=Date: lJ TJJ 15 ANNEXURE C: TECHINT PROFILE FORM 0 Intelligence 5 7 . Sou?rAincanSeael Service REPUBLIC OF SOJTH AFRICA TECHNICAL INTELLIGENCE PROFILE 1. TECHINT OPPORTUNITY ASSESSMENT Mark the services required with Room Eavesdropping - Audio Surveillance Room EavesdroppinL Video Surveillance Mobile Phone Interception Fax Interception Telephone Interception Computer Hard drive Cloning Analysis PC Activity Monitoring lnternet(E-Mail) Interception Photoggphic Services 2. NUMBER OF TARGETS Spec:in targets, both human and arealjlace Total number of Targets Names of taget as per priority level (1 being the higltest?iprity level) 3. TARGET ANALYSIS Will it be possible to remotely monitor the Target? YES If YES, from where can monitoring be performed? From parked vehicle outside the Ta?et area From another room in the same building From another buildingi? the vicinity CONFIDENTIAL -15. 4. ACCESS TO THE TARGET How is the access into and exit from the Taget area going to he achieved Access Keyleard Available Contact I Support Agent to be Used Team to arrange for access Other means 5. LAYOUT OF THE TARGET AREA Attach photos of the target area Type of furniture in the room Is there any Bed Yes No Couch Yes No Chairs Yes No Air Yes No Other (Specify): Setup of electrical appliances and Yes No elem-IO plugs Air Conditioner Yes No Side Lamps Other (Specify): Emergency exits Are there any additional Brochure(s) Yes No attachments to assist in visualizing the target place available. If YES photos?) Yes No please attach. Video Clip(s) Yes No 6. NEED FOR Translation needed? YES NO if YES, what language? Translator available? YES NO -11- 7. PROFILE OF TARGET Please ?ll in all the ?elds Namels) Surname Country of origin Preferred Language Home Telephone numbeds) Work Telephone numbeds) Fax Numberis) Mobile Phone number(s) Satellite Phone number Email Address Vehicle Make, Colour, and Car Registration Employer Position Other 8. SECURITY AWARENESS OF TARGET Security I technology consciousness of the Target Any counter measures methodsltechniques performed Eavesdropping Devices - Audio and Video Surveillance 9. RISK ASSESSMENT What are the chances of compromise and the risks involved? state below. 10 COVER FOR ACTION What is the Cover for action story? State below. Should the Technical Team use the same Cover for action story as YES NO the Applicant? .lo- 11 AVAILABLE TIME FOR DEVICE INSTALLATION Mark the appropriate option with (ad-V Minutes Hours Days Weeks 12 DURATION OF THE OPERATION Mark the appropriate option with Hours Days Weeks Months Years 1 POSSIBILITIES OF IN THE TARGET AREA Mark the agpropriate TECHINT opportunity How often is the ptace "swept" What is the security measures used? Eg?urveitlance cameras, security guard, etc. DATE: (Client) RE NO RECOMMENDED DATE: MANAGER OPERATIONAL SUPPORT NOT RECOMMENDED DATE: GENERAL MANAGER (Client) APPRO NOTAPPRO VED DATE: DEPUTY DIRECTOR GENERAL CONFIDENTIAL Annexure D: APPLICATION FOR INTERCEPTION DIRECTION TEMPLATE REFERENCE NUMBER: .. 3. DESK .. Date .. APPLICATION FOR A DIRECTION IN TERMS OF SECTION 16 OF THE REGULATION OF INTERCEPTION OF COMMUNICATION AND PROVISISON OF COMMUNICATION- RELATED INFORMATION ACT, 70 OF 2002) TO THE JUDGE DESIGNATED IN TERMS OF SECTION 16 OF ACT 70 OF 2002 i. a (Cl) Investigation Of?cer in the South African Secret Service (SASS) with work address SASS Headquarters, Delmas Road, Musanda. telephone number (012) 427-5500, hereby apply in tenns of section 16 and 1? of the Act, for the issue of a direction contemplated in section 16 of Act 70 of 2002. The particulars of the person. body or organisation in reSpect of whom the direction is requested, are as follows: TARGET: Name: .. Work address: .. Pretona Residential address: .. Pretoria have reason to suSpect that - the security of the Republic is threatened or the gathering of informaticrn concerning a threat to the security of the Republic is necessary. as information obtained by the South African Secret Service from a very reliable source states that - (ii) This unauthorised access to ctassi?ed information by Mr .. is in contravention of the Protection of information Act. 84 of 1982 section The said classi?ed CONFIDENTIAL 0-H information is of strategic value and can lead to serious damage andIor embarrassment to the Republic of South Africa. 4. An af?davit in support of the facts mentioned in paragraph 3 is attached to this application. 5. District where monitoring is to be done: Pretoria. 6. Period for which direction is required: 3 (three) months. Motivation: This is a new investigation which has just started and is in the initial stages. it is expected that this investigation will require some period of time to complete. 7. Apart from a direction (in terms of Act 70 of 2002) against Ms .. implicated in the some investigation and assumedly the source of information to i am not aware of previous application(s) regarding the person/bodylorganisation concerned. 8. i. .. declare under oath that the above-mentioned information is to the best of my knowledge true. complete and conectSignature of deponent i certify that before administering the oath I asked the deponent the following questions and wrote down his answers in his presence: 1. Do you know and understand the contents of the declaration? Answer: YES (the YES must be in hand writing) 2. Do you have any objection to taking the prescribed oath? Answer: NO (the NO must be in hand writing) 3. Do you consider the prescribed oath to be binding on your conscience? Answer: YES (the YES must be in hand writing) 1 certify that the deponent has acknowiedged that he knows and understands the contents of the declaration which was sworn to before me and the deponents signature was placed thereon in my presenceDESIGNATION (POST LEVEL): DIVISIONAL HEAD .: SOUTH AFRICAN SECRET SERVICE: EX OFFICIO SOUTH AFRICAN SECRET SERVICE: MUSANDA DATE: PLACE: PRETORIA CONFIDENTIAL Inl? SWORN STATEMENT I. .. declares under oath in English: I am a maieffemaie, of age. empioyed as .. with appointment number .. at Division South African Secret Service. Head Of?ce. Delmas Road, Musanda. teiephone number .. reside at .. Pretoria. Herby an application is sought in terms of Section 16, or 17. or 18 (use Appticabie section) of the Act for .j ..between. Ms. .. and Mr. ..who is a member of .. in the .. Particuiars of the Target: Name: .. Address: .. MOTIVATION: THE OFFENCE ABOUT TO BE COMMITTED OR PONTENTIAL TREAT i know and understand the contents of this declaration. i have no objections to taking the prescribed oath and consider the oath to be binding on my conscience. Signed at Pretoria on this day Signature of deponent CONFIDENTIAL I certify that before administering the oath i asked the deponent the foiiowing questions and wrote down his answers in his presence: 1. Do you know and understand the contents of the declaration? Answer: YES (the YES must be in hand writing) 2: Do you have any objection to taking the prescribed oath? Answer. NO (the NO must be in hand writing) 3. Do you consider the prescribed oath to be binding on your conscience? Answer. YES (the YES must be In hand writing) i certify that the deponent has acknowledged that he knows and understands the contents of the declaration which was sworn to before me and the deponent's signature was placed thereon in my presenceDESIGNATION (POST LEVEL): SOUTH AFRICAN SECRET SERVICE: EX OFFICIO SOUTH AFRICAN SECRET SERVICE: MUSANDA DATE: PLACECONFIDENTIAL 3. APPROVAL BY DEPUTY DIRECTOR GENERAL OF THE SASS IN TERMS OF SECTION OF REGULATION OF INTERCEPTION OF COMMUNICATION AND PROVISISON OF COMMUNICATION-RELATED INFORMATION ACT, 70 OF 2002) I, ..(Fuii names). the Deputy Director General ., of the South African Secret Service. grant approval in terms of the provisions of sections and section 16 of the Act, that this application for the issuing of a interception direction in terms of section in respect of Mr/Ms. .. in terms of section 16, be submitted to a judgeDEPUTY DIRECTOR GENERAL SOUTH AFRICAN SECRET SERVICE Distribution: Copy O1 - Judge .. ANNEXURE E: SUMMARY OF RELEVANT SECTIONS FROM ACT 70 OF 2002 1.1 1.2 2.1 With reference to Act 70 of 2002, the Act outlines the prohibition of interception of communication and provisions of real-time or archived communication-related information as follows: Chapter 2. Section 2 of Act 70 of 2002 state that- "Subject to this Act. No person may intentionally intercept or attempt to intercept. or authorise or procure any other person to intercept or attempt to intercept, at any place in the Republic, any communication in the course of its occurrence or transmission". Chapter 2. Section 12 of Act 70 of 2002 state that: - ?Subject to this Act, No telecommunications service provider may intentionally provide or attempt to provide any customer of the telecommunication service provider concerned to whom such real-time or archived communication-related information relates'. With reference to Act 70 of 2002, the Act outlines the provisions on interception of communication and real-time or archived communication- related information as foitows: Chapter 2. Section 3 through 11 of Act 70 of 2002 state the exemptions. whereby interception of communication is aiiowed. the exceptions are inter alia:- Section 3: Interception of communication under interception direction; Section 4: interception of communication by party to communication; Section 5: interception of communication with consent of party to communication; Section 6: Interception of indirect communication in connection with carrying on of business; I - (6) Section 7: interception of communication to prevent serious bodily harm; Section 8: Interception of communication for purposes of determining location in case of emergency; . (9) Section 9: interception of cormnunication authorised by certain other Acts Interception of communication in any prison as de?ned in Section 1 of the Correctional Services Act. 1998: Act 111 of 1998); Section 10: Monitoring of signal for purposes of installation or maintenance of equipment. facilities or devices; CONFIDENTIAL 2.2 3.1 3.2 3.3 3.4 (9) Section 11: Monitoring of signal and radio frequency spectrum for purposes of managing radio frequency spectrum. Chapter 2. Section 13 through 15 of Act 70 of 2002 state the exemptions. whereby provision of real-time or archived communication-related information is allowed, the exceptions are inter atria:- Section 13; Provision of real-time or archived communication-related information under real~time communication-related direction or archived communication-related direction: Section 14: Provision of real-time or archived communication-related information upon authorisation by customer; Section 15: in accordance with a procedure prescribed in any other Act for obtaining real-time or archived communication-related information. Application for. and issuing of, direction and entry warrant Chapter 3 of Act 70 of 2002. section 16 through 22, requires that application for, and issuing of. direction (interception. real-time communication-minted, archived communication?reiated. amendment or extension of existing direction, and entry warrant) be made in writing to the designated judge; and Section 23 of the same Act. makes provision for orat appiication for, and issuing of. direction and entry warrant provided that an applicant who is entitled to make such application if or he is of the opinion that it is not reasonably practicabie. having to regard the urgency of the case or the existence of exceptional circumstances. to make a written application. Section 24, state the designated judge who issued. a direction or any entry warrant may at the issuing thereof or at any stage before the date of expiry thereof, in writing require the appticant who made the application in respect of the direction or entry warrant concerned to report to him or her in writing. Section 25, the designated judge who issued a direction or entry warrant or. if not availabie he or she is not avaitable. may other designated judge Who would have been entitled to issue such direction or entry warrant nay cancel that direction or entry warrant if conditions speci?ed in section 25 of Act 70 of 2002 are applicable CONFIDENTIAL CHECKLIST PRESENTATION OF POLICY TO EXECUTIVE MANAGEMENT TECHNICAL INTELLIGENCE POLICY 1. POLICY DRAFTING TEAM: KHUMBULA MASINGE 2. CHAIRPERSON: SOCC SIGNED DATE: 3. CERTIFIED CONSISTENT WITH APPLICABLE LEGISLATION AND REGULATIONS BY COMPLIANCE AND LEGAL COUNCIL SIGN wow/me 4. AUTHORISATION DIRECTOR GENERAL 5. ENDORSEMENT: CHAIRPERSON: ISC DATE: DATE: CONFIDENTIAL