SPECIAL INTELLIGENCE DEVICES ACT
Prom. SG. 95/21 Oct 1997, suppl. SG. 70/6 Aug 1999, amend. SG. 49/16 Jun 2000, amend. SG. 17/21 Feb 2003, amend. SG. 86/28 Oct 2005, amend. SG. 45/2 Jun 2006, amend. SG. 82/10 Oct 2006, amend. SG. 109/20 Dec 2007, amend. SG. 43/29 Apr 2008, amend. SG. 109/23 Dec 2008, amend. SG. 88/6 Nov 2009, amend. SG. 93/24 Nov 2009, amend. SG. 103/29 Dec 2009, amend. SG. 32/27 Apr 2010, amend. SG. 88/9 Nov 2010, amend. SG. 1/4 Jan 2011, amend. SG. 13/11 Feb 2011, amend. SG. 61/9 Aug 2011, amend. SG. 44/12 Jun 2012, suppl. SG. 17/21 Feb 2013, amend. SG. 52/14 Jun 2013, amend. SG. 70/9 Aug 2013, amend. SG. 111/27 Dec 2013, amend. SG. 53/27 Jun 2014, amend. SG. 107/24 Dec 2014, amend. and suppl. SG. 14/20 Feb 2015, amend. and suppl. SG. 42/9 Jun 2015, amend. SG. 56/24 Jul 2015, amend. and suppl. SG. 74/26 Sep 2015, amend. SG. 79/13 Oct 2015, amend. and suppl. SG. 39/26 May 2016, suppl. SG. 81/14 Oct 2016, amend. and suppl. SG. 103/27 Dec 2016, amend. and suppl. SG. 63/4 Aug 2017, amend. and suppl. SG. 84/20 Oct 2017, amend. and suppl. SG. 103/28 Dec 2017, amend. and suppl. SG. 7/19 Jan 2018, suppl. SG. 56/6 Jul 2018, amend. SG. 17/26 Feb 2019, suppl. SG. 37/7 May 2019
Chapter one.
GENERAL PROVISIONS
Art. 1. (1) This Act regulates the terms, the procedure of use and implementation and the control over the use of special intelligence devices as well as the results obtained through them.
(2) When using the special intelligence devices the inviolability of the personality and of the home and the secret of the correspondence and of the other communications shall be restricted.
(3) (new - SG 70/13, in force from 01.01.2015; amend. regarding the entering into force – SG 111/13, in force from 31.12.2013; revoked - SG 107/14, in force from 01.01.2015)

Art. 2. (1) Special intelligence devices, in the context of this Act, are the technical devices and the operative methods of their implementation, used for preparation of material evidence - movie records, video records, sound records, photos and marked objects.
(2) Technical devices are electronic and mechanical equipment, as well as substances used for documenting the activity of controlled persons and subjects.
(3) (amend., SG 86/05 – in force from 29.04.06) Operative methods are the surveillance, the tapping, the following, the penetration, the marking and the inspection of the correspondence and the computerised information, controlled delivery, trust-transaction and investigation through officer under coverage applied in using the technical devices under para 2.

Art. 3. (1) (amend. - SG 70/13, in force from 9.08.2013, amend. and suppl. - SG 39/16, in force from 26.05.2016, suppl. - SG 103/16) Special intelligence devices shall be used, where necessary to prevent or detect grave intentional criminal offences within the meaning of Chapter I, Chapter II, Sections I, II, IV, V, VIII and IX, Chapter III, Section III, Chapter V, Sections I-VII, Chapter VI, Sections II - IV, Chapter VIII, Chapter VIIIa, Chapter IXa, Chapter XI, Sections I-IV, Chapter XII, Chapter XIII and Chapter XIV, as well as crimes within the meaning of Article 219, para 4, sentence two, Art. 220, para 2, Art. 253, Art. 308, paras 2, 3 and 5, sentence two, Art. 320, Para. 2, Art. 321, Art. 321a, Art. 356j and Art. 393 of the Special Part of the Penal Code, where there are no other means to collect the necessary information or the collection thereof would be extremely difficult.
(2) In the cases referred to in para 1, the special intelligence devices shall be used to preserve pieces of material evidence pursuant to the terms and procedure provided for in the law.

Art. 4. By the order of this Act the special intelligence devices can be used regarding activities related to the protection of the national security.

Art. 5. During the surveillance - visual or by technical devices shall be disclosed and documented different sides of the activity and the behaviour of persons and subjects in their movement, stay in different places or the changes of the concrete circumstance.

Art. 6. During tapping, by using technical devices, by listening or in any other way, shall be established verbal, telephone or electronic communication of controlled persons.

Art. 7. During the following - by visual or technical surveillance, shall be established, disclosed and documented the movement of controlled persons.

Art. 8. During penetration, using technical devices, shall be established actual evidence found on the premises, as well as objects used by controlled persons.

Art. 9. During marking, by using technical devices and substances, shall be marked objects and articles for establishing their movement, their acquisition or the place of their storage.

Art. 10. During inspection of the correspondence by using chemical substances shall be established the contents and the senders of the correspondence of controlled persons and subjects.

Art. 10a. (new – SG 86/05, in force from 29.04.06) The controlled delivery shall be applied by the intelligence body and shall be used by the investigating body within its competence under permanent control on the territory of the Republic of Bulgaria or other country within the frames of the international cooperation and shall consist of import, export, transfer or transit transportation through the territory of the Republic of Bulgaria by the controlled person of an item – object of offence, in order to reveal the participants in trans-border offence.

Art. 10b. (new – SG 86/05, in force from 29.04.06) The trust-transaction shall be used by the officer under coverage and shall be expressed in simulative sail or other type of transaction with an order in order to obtain the trust of the other party participating in the transaction.

Art. 10c. (1) (new – SG 86/05, in force from 29.04.06; suppl. – SG 109/07, in force from 01.01.2008; amend. – SG 93/09; amend. - SG 70/13, in force from 9.08.2013, amend. – SG, 14/2015; amend. – SG 79/15, in force from 01.11.2015, prev. text of art. 10c, amend. - SG 103/16) The officer undercover shall be an officer from the competent services under the Act on the Ministry of Interior, the Act of the Defence and Armed Forces of the Republic of Bulgaria, Act on Military Intelligence or of the State Intelligence Agency, empowered to establish or maintain contacts with controlled person in order to obtain or reveal information about serious deliberate crime or about the organization of the criminal activity.
(2) (new - SG 103/16) The employees of the Ministry of Interior under Para. 1 shall be used for the application of special intelligence devices also on request of the structures of the State Agency for National Security.

Art. 11. During application of the operative methods shall be carried out documentation through photography, video-recording, sound-recording and filming on magnetic carriers.

Chapter two.
ORDER OF USING THE SPECIAL INTELLIGENCE DEVICES
Art. 12. (1) The special intelligence devices shall be used regarding:
1. (amend. - SG 70/13, in force from 9.08.2013) persons for whom there is information and there are grounds to suppose that they prepare, perpetrate or have perpetrated serious intentional criminal offence of those listed in Art. 3, para. 1;
2. persons about whose activities information has been received and there are grounds to suppose that they are used by persons under item 1, without being aware of the criminal nature of the activity;
3. persons and sites related to the national security;
4. (new - SG 109/08) sites for establishing the identity of the persons referred to in Item 1 or 2.
(2) The special intelligence devices can also be used for protection of the life or property of persons who have given written consent for that.
(3) (new – SG 42/15) Special intelligence devices may be used also in relation to a witness to criminal proceedings, who have given their consent thereto, for establishment of a criminal activity of other persons under Art. 108a, Art. 143 – 143a, Art. 159a – 159d, Art. 301 – 305 and Art .321 of the Penal code.

Art. 13. (1) Right to request the use of special intelligence devices and use the information and evidence collected by them, according to their competence, shall have:
1. (amen., SG 17/03; amend. - SG 45/06; amend. – SG 109/07, in force from 01.01.2008; amend. - SG 43/08; amend. - SG 109/08; amend. – SG 93/09; amend., - SG 44/12, in force from 01.07.2012; amend. – SG 52/13, in force from 14.06.2013; amend. – SG 53/14, amend. – SG, 14/2015) Chief Directorate "National Police", Chief Directorate “Fight with Organized Crime”, Chief Directorate "Border Police", Directorate "Internal Security", the district directorates of the Ministry of Interior, specialized directorates (except for the "Technical Operations" Directorate), territorial directorates and independent territorial departments of the State Agency "National Security";
2. (amend., SG 49/00; amend. – SG 109/07, in force from 01.01.2008) the offices "Military information" and "Military police" at the Minister of Defence;
3. (amend. – SG 79/15, in force from 01.11.2015) State Intelligence Agency;
4. (revoked - SG 109/08)
5. (amend., SG 17/03; revoked - SG 109/08)
6. (new - SG 17/13; amend. – SG 42/15, amend. - SG 39/16, in force from 26.05.2016) the district prosecution offices - for serious premeditated crimes under Chapter III, Section III of the Penal Code.
7. (new – SG 7/18) the Directorate under Art. 16, Para. 2 of the Act On Counteracting Corruption And On Seizure Of Illegally Acquired Property.
(2) (new - SG 109/08) The supervising prosecutor shall file a reasoned request in writing with the court for using special intelligence devices in the pre-trial proceedings.
(3) (new – SG 42/15, suppl. - SG 81/16, in force from 14.10.2016, suppl. - SG 103/16, amend. - SG 63/17, in force from 05.11.2017, suppl. - SG 56/18) The request for application of special intelligence devices for crimes, committed by a judge, public prosecutor or investigator, including in cases under Para. 4, shall be filed by the administrative head of Sofia Public Prosecution Office of Appeal, of Military Public Prosecution Office of Appeal, respectively of the Specialized Prosecution Office of Appeal or by a deputy authorized thereby. The request for application of special intelligence devices for crimes, committed by a chair of Sofia court of appeal, Military Court of Appeal, and the Specialized Criminal Court of Appeal and their deputies shall be filed by the Deputy Chief Prosecutor of the Supreme Prosecution Office of Appeal. The requests under the preceding sentences can be filed also by the Minister of Interior or by the Chief Secretary of the Ministry of the Interior, authorized in writing by the Minister, and the Chair of the State Agency “National Security” or by his written authorization - the Deputy Chair and the Chairman of the Commission for counteracting corruption and for seizure of illegally acquired property or the deputy chairman authorized by him in writing.
(4) (new - SG 103/16) The request for application of special intelligence devices for preventing crimes under Art. 108a, Para. 1 - 4, Para. 6 and 7, Art. 109, Para. 3, Art. 110, Para. 1, sentence six, Art. 110, Para. 2, Art. 308, Para. 3, item. 1 and Art. 320, Para. 2 of the Penal Code shall be filed by the Chief Prosecutor of the Republic of Bulgaria, Chair of the State Agency “National Security”, Chair of the State Intelligence Agency, the director of the Military Information Office or by their authorized Deputies and the Chief Secretary of the Ministry of Interior.
(5) (new – SG 70/13, in force from 09.08.2013; prev. par. 3 –SG 42/15, prev. para. 4 –SG 103/16) In the cases referred to in para 1, item 6 and in para 2, the prosecutor shall notify the administrative head of the respective prosecution office prior to submitting the request.
(6) (prev. text of Para 02, suppl. - SG 109/08; prev. text of para 3 – SG 70/13, in force from 09.08.2013; prev. par. 4 –SG 42/15, prev. para. 5, amend. –SG 103/16) Other bodies, besides the ones under para 1 - 4, cannot request and use special intelligence devices.

Art. 14. (1) (suppl. - SG 109/08; suppl. - SG 17/13; suppl. – SG 42/15, suppl. – SG 7/18) In order to use special intelligence devices a motivated written request shall be produced by the respective administrative heads of the bodies under Art. 13, para 1 or by the supervising prosecutor, respectively by the body referred to in Art. 13, par. 3 and for the Directorate under Art. 13, Para. 1, item 7 - by its Director, containing:
1. (amend. – SG 70/13, in force from 09.08.2013; suppl. – SG 74/15) full and comprehensive statement of the facts and circumstances providing grounds to suppose that a severe serious intentional criminal offence of those listed in Art. 3, para. 1, including in cases of Art. 4, is under way, is perpetrated or has been perpetrated, which necessitates their use;
2. full description of the activities and the results from the preliminary investigation or inspection;
3. instituting facts about the persons or the subjects regarding which they shall be used;
4. (amend. – SG 70/13, in force from 09.08.2013) the term for which their use is requested and the reasons, substantiating the duration thereof;
5. the operative methods which shall be applied;
6. (amend. - SG 109/08) the empowered official who shall be informed about the obtained results;
7. (new – SG 70/13, in force from 09.08.2013) reasoning for the the impossibility to collect the necessary information in other ways or description of the exceptional difficulties, which the collection thereof would involve.
(2) (amend. – SG 42/15) In the cases under Art. 12, para 2 or 3 the request shall be accompanied by a written consent of the person regarding whom the special intelligence devices shall be used.
(3) (new –SG 103/16) In the cases of Art. 13 Para. 4 request for use of special intelligence devices shall contain information on:
1. indication of the facts and circumstances giving reasons to presume that a grave malicious crime is being prepared, committed or has been committed under Art. 108a, Para. 1-4, Para. 6 and 7, Art. 109, Para. 3, Art. 110, Para. 1 sentence six, Art. 110, para. 2, Art. 308, para. 3 pt. 1 and Art. 320, para. 2 of the Penal Code;
2. findings data on persons or objects to be used - when such data are available;
3. the term for which the use was requested;
4. operational techniques that should be applied;
5. authorized official to be informed of the results.

Art. 15. (amend. – SG 42/15) (1) (amend. - SG 63/17, in force from 05.11.2017, suppl. – SG 7/18) The heads of the bodies under Art. 13, para 1 or the supervising prosecutor, and for the Directorate under Art. 13, Para. 1, item 7 – the Chairperson of the Commission on counteracting corruption and on seizure of illegally acquired property, shall submit the request to the chairmen of Sofia City Court, the respective district or military courts and the specialised criminal court or to deputy chairmen empowered by them, and for the military men - to the chairmen of the respective district military courts or to deputy chairmen empowered by them, who within 48 hours shall give written permit for the use of the special intelligence devices or refuse their use justifying their act.
(2) (new - SG 103/16)The authorities under Art. 13 Para. 4 shall submit the request to the chairman of the specialised criminal court or to or to deputy chairmen empowered by him who within 24 hours shall give written permit for the use of the special intelligence devices or refuse their use justifying his act.
(3) (prev. para. 2 - SG 103/16) The applicant shall be obliged to provide to the body under para 1 all materials on which the request is based.
(4) (prev. para. 3, amend. - SG 103/16, suppl. - SG 63/17, in force from 05.11.2017) Under the provisions of para 1 and 3, including the cases under Art. 13, para. 4, a permit for using special intelligence devices shall be granted to all participants, including persons and witnesses under Art. 12, para. 2 and 3, for crimes committed by:
1. (amend. - SG 63/17, in force from 05.11.2017) judges, public prosecutors and investigators – by the chair of Sofia Court of Appeal or by a deputy chairperson explicitly empowered thereby, where the case is in the jurisdiction of Sofia city court; in the remaining cases the permit shall be given by the chair of Military Court of Appeal or by the chair of the specialized criminal court of appeal of by their duly authorized deputy;
2. (amend. - SG 63/17, in force from 05.11.2017) a chair of Sofia court of appeal, Military court of appeal and specialized criminal court of appeal and their deputy – by the deputy chair of the Supreme Court of Cassation, heading the Criminal college.

Art. 16. (1) (amend., SG 17/03; prev. text of Art. 16 – SG 109/07, in force from 01.01.2008; amend. - SG 109/08; amend. – SG 70/13, in force from 09.08.2013) Upon receipt of the written permit under Art. 15 the Chairperson of State Agency for Technical Operations or a Deputy Chairperson, empowered by the Chairperson in writing, shall issue a written order for the use of the special intelligence devices.
(2) (new – SG 109/07, in force from 01.01.2008; amend. – SG 93/09) Where the special intelligence devices are used by the specialized directorate "Technical operations" of the State Agency "National Security", after receipt of the written permit under Art. 15 the Chairman of State Agency "National Security" or a deputy-chairman authorized by him in writing shall deliver a written order on the use of the special intelligence devices.
(3) (new – SG 93/09; amend. – SG 103/09; revoked – SG 70/13, in force from 09.08.2013)
(4) (new – SG, 14/2015, suppl. - SG 81/16, in force from 14.10.2016) Where special intelligence Devices are applied by the Ministry of Interior (MI), after receiving a written permit under Art. 15, the MI Chief secretary or, by his written authorization, the Deputy MI Chief secretary, shall give a written order for application of the special intelligence devices.

Art. 17. (amend., SG 17/03; suppl. – SG 109/07, in force from 01.01.2008; amend. - SG 109/08; amend. – SG 70/13, in force from 09.08.2013, amend. – SG, 14/2015, suppl. - SG 81/16, in force from 14.10.2016) In urgent cases the use of special intelligence devices may assume immediately upon receipt of the written permit under Art. 15, about which the Chairperson of the State Agency for Technical Operations shall be immediately notified, or the deputy chairperson, empowered by the Chairperson, the Chairperson of State Agency "National Security" or the deputy-chairman empowered by him in writing, or the MI Chief secretary or, by his written authorization, the Deputy MI Chief secretary.

Art. 18. (1) (amend., SG 17/03; suppl. – SG 109/07, in force from 01.01.2008; amend. - SG 109/08; amend. – SG 70/13, in force from 09.08.2013, amend. – SG, 14/2015) In cases of immediate danger of committing a severe premeditated crime of the listed ones in Art. 3, Para. 1, or in threat to the national security the special intelligence devices may be used without the permit of the body under Art. 15 on the grounds of an order of the Chairperson of the State Agency for Technical Operations or the Chairperson of the State Agency "National Security" or of the MI Chief secretary.
(2) The use shall be discontinued if, within 24 hours a permit is not given by the body under Art. 15, who shall announce his decision on the storing or destruction of the collected information.
(3) (amend., SG 17/03) In the cases under para 1 and 2, by a permit by the body under Art. 15, shall be confirmed the activities carried out by the moment.

Art. 19. (amend., SG 17/03; suppl. – SG 109/07, in force from 01.01.2008; amend. and suppl. - SG 109/08; amend. – SG 70/13, in force from 09.08.2013, amend. – SG, 14/2015, suppl. - SG 81/16, in force from 14.10.2016) The Chairperson of the State Agency for Technical Operations or the deputy chairperson, empowered by the Chairperson in writing, the Chairman of State Agency "National Security" or the deputy-chairman empowered by him in writing, or the MI Chief secretary or, by his written authorization, the Deputy MI Chief secretary, may, before expiration of the term, discontinue the use of special intelligence devices in the cases of Art. 22, Para 3, informing about it the bodies under Art. 13 and 15.

Chapter three.
PROVIDING AND USING SPECIAL INTELLIGENCE DEVICES
Section I.
State Agency for Technical Operations (new - SG 70/13, in force from 09.08.2013)
Art. 19a. (new - SG 70/13, in force from 09.08.2013) (1) State Agency for Technical Operations called hereinafter “the Agency$ is a specialized body at the Council of Ministers for provision and application of special intelligence devices.
(2) The State Agency for Technical Operations is a legal entity, funded from the national budget with headquarters in the city of Sofia.
(3) The Chairperson of the State Agency for Technical Operations is a first-level budget spending unit under the authority of the Council of Ministers.
(4) The State Agency for Technical Operations shall carry out its activity autonomously and in interaction with other state bodies.
(5) The activity of the State Agency for Technical Operations shall be controlled by the bodies, provided for in this Act.

Art. 19b. (new - SG 70/13, in force from 09.08.2013) In order to perform the task under Art. 19a, para 1 the bodies of the State Agency for Technical Operations shall carry out activities related to:
1. procurement, development and application of special intelligence devices;
2. surveillance, burglary, photographing, video recording, sound recording, filming, marking of objects and preparing psychological analyses in relation to with data collection for the protection of citizens' rights and freedoms, national security and public order;
3. tracking of individuals and facilities;
4. control over data transmission and receipt of information via cable communication means,
5. conducting operational-technical checks of mail and other correspondence for the protection of citizens' rights and freedoms, national security and public order and for control of other persons, conducting such checks-ups;
6. preparation of material evidence upon request according to procedure provided for by law and making it available to the requesting body;
7. use of specific methods and special intelligence devices to protect the life, health and property of citizens;
8. providing access to technical means and facilities of state bodies, organisations, legal entities and citizens;
9. issuance of compulsory orders for rendering assistance on the part of state bodies, organisations, legal entities and citizens;
10. receipt of information from other state bodies, organisations, legal entities and citizens;
11. establishing and use of an information base;
12. recruitment of citizens for voluntary cooperation;
13. participation in joint activities with the competent state bodies for prevention, interception and detection of crimes;
14. (new - SG 53/14) production of specific technical facilities and systems, engineering of certification marks, protected documents, stamps and seals.

Art. 19c. (new - SG 70/13, in force from 09.08.2013) (1) (amend. – SG, 14/2015, suppl. - SG 84/17) The State Agency for Technical Operations shall be headed by a Chairperson, assigned by the President of the Republic upon proposal by the Council of Ministers for a term of 5 years.
(2) (new - SG 84/17) The Chairperson may be reappointed to the same post only for a term of another 5 years.
(3) (prev. para. 2 - SG 84/17) The Chairperson shall be assisted by two Deputy Chairpersons, appointed by the Prime Minister.
(4) (prev. para. 3 - SG 84/17) As a Chairperson and Deputy chairperson of the State Agency for Technical Operations shall be appointed persons, who:
1. are only Bulgarian citizens;
2. have graduated higher education with a Master's education and qualification degree;
3. have at least 10 years' experience in the legal profession or professional experience in security services or the law enforcement services - for the position of Chairperson, or at least 7 years' experience in the legal profession or professional experience in the security services or the law enforcement services – as regards to the positions of Deputy Chairpersons;
4. have not been convicted of intentional crime of general nature, regardless of any rehabilitation, and have not been exempted from criminal liability for intentional crime of general nature;
5. have not been deprived of the right to occupy certain state positions;
6. have obtained clearance for access to classified information of "Top Secret" classification level;
7. are not members of any political parties, coalitions, or organisations with political objectives;
8. are not sole proprietors, partners, managers, procurators, or members of supervisory boards, managing boards, boards of directors or of control bodies of commercial companies, cooperatives, or of non-profit legal persons, engaged in business activity;
9. are not under employment or service legal relationships.
(5) (prev. para. 4 - SG 84/17) The powers of the Chairperson shall be terminated ahead of term:
1. upon his/her request;
2. upon reaching 65 years of age;
3. in case of factual impossibility to perform his/her duties a time period exceeding 6 months;
4. (amend. - SG 84/17) in case of non-compliance with the requirements under para. 4;
5. (amend. – SG 7/18) upon entry into force of an act, establishing conflict of interests pursuant to the Act On Counteracting Corruption And On Seizure Of Illegally Acquired Property.
6. (new – SG, 14/2015) in case of severe breach or permanent failure to fulfill the official duties, as well as in actions, which harm the Agency image.
(6) (amend. – SG, 14/2015, prev. para. 5, amend. - SG 84/17) In the cases referred to in para. 5 the powers of the Chairperson of the Agency shall be terminated by a Decree of the President of the Republic upon proposal of the Council of Ministers.
(7) (amend. – SG, 14/2015, prev. para. 6 - SG 84/17) In case of death or early termination of the powers of the Chairperson within 1 month term from occurrence of the ground, the Council of Ministers shall propose to the President of the Republic by a decree to appoint a new Chairperson to complete the running term of office.
(8) (prev. para. 7 - SG 84/17) Till the designation of a new Chairperson his/her duties shall be discharged by a Deputy Chairperson, designated by the Council of Ministers.
(9) (prev. para. 8 - SG 84/17) The labour of the Chairperson and the Deputy Chairperson of the Agency shall be deemed as category one labour.
(10) (new - SG 103/17, in force from 01.01.2018) The circumstance under Para. 4, item 4 shall be established ex officio by the appointing authority.

Art. 19d. (new - SG 70/13, in force from 09.08.2013) (1) The Chairperson of the State Agency for Technical Operations shall:
1. organise, manage and control the activities of the Agency;
2. represent the Agency;
3. endorse the staff listing of the positions in the Agency administration and the job descriptions of its employees;
4. set up and close down structural units within the approved budget and personnel strength;
5. propose the draft annual budget;
6. execute the budget;
7. direct the management of human resources;
8. be in charge of the management of the items, provided to the State Agency for Technical Operations;
9. approve a Code of Ethics for conduct of the employees of the State Agency for Technical Operations;
10. cooperate with similar services of other states and with international organisations;
11. perform other powers as well, as specified by law.
(2) In the process of performing his/her powers the Chairperson shall issue other acts as well, as specified by law.
(3) (amend. - SG 17/19) The Chairperson of the State Agency for Technical Operations shall be an administrator of personal data.

Art. 19e. (new - SG 70/13, in force from 09.08.2013) (1) The Deputy Chairpersons shall assist the Chairperson in the performing of his/her powers.
(2) The powers of the Deputy Chairpersons shall be determined by written order of the Chairperson of the State Agency for Technical Operations.
(3) In the absence of the Chairperson his/her powers shall be exercised by a Deputy Chairperson, designated by order of the Chairperson in each individual case.
(4) In the course of exercising their powers the Deputy Chairpersons shall issue orders.

Art. 19f. (new - SG 70/13, in force from 09.08.2013, amend. – SG, 14/2015, in force from 1. 4. 2015) (1) The following shall be employees of the State Agency for Technical Operations:
1. the civil servants, who shall directly fulfill activities of application of special intelligence devices;
2. the civil servants;
3. the persons employed under employment contracts.
(2) The employees under para 1, p. 1 shall be applied the provisions on the civil service in the Act on the Ministry of Interior.
(3) The status of the civil servants under Para. 1, p. 2 shall be provided by the Civil Servant Act.
(4) The servants under Para. 1 shall be appointed by the Chairperson of the State Agency “Technical Operations”.
(5) The amount of extra payments under Art. 178, para. 1, items 2 and 5 of the Ministry of Interior Act, for the civil servants under Para. 1, p. 1, the terms and conditions and the procedure of their payment shall be determined by a Chairman’s act.
(6) The procedure of organization and distribution of the work time, of its reporting, the compensation of work beyond of the fixed work time, the duty schedule, the time off and holidays of civil servants under Para. 1, p. 1, shall be determined by a Chairman’s act.
(7) While performing their powers, the civil servants in the State Agency “Technical Operations” shall identify their capacity by an official card or an official sign. The type of the official card, use, change, report, storage and destruction of official cards of official signs, other cards and passes in the State Agency "Technical Operations" shall be defined by an instruction of the Agency Chairperson.
(8) (new - SG 37/19) When performing their official duties, the civil servants under para. 1, item 1 have the right to carry weapons under conditions and by an order specified by the Head of the State Agency for Technical Operations.
(9) (new - SG 37/19) The employees under para. 8 may use a weapon only when it is absolutely necessary in an armed attack or threat of firearms.
(10) (new - SG 37/19) Employees under para. 8 shall cease the use of arms immediately after the realization of its legitimate purpose.
(11) (new - SG 37/19) When using weapons the employees under para. 8 are obliged, if possible, to protect the life of the person against whom they are directed and not to endanger the lives and health of others.
(12) (new - SG 37/19) After using weapons, the employees under para. 8 shall write a report.
Art. 19g. (new - SG 70/13, in force from 09.08.2013) (1) Any information, which has become known to the Chairperson, the Deputy Chairpersons and the employees of the State Agency for Technical Operations during or in the course of performance of their duties and does not constitute a state secret, shall be considered an official secret.
(2) Upon taking up their positions the persons under para 1 shall sign declaration that they will not disclose any information while in their positions and after discharge from them.

Art. 19h. (new - SG 70/13, in force from 09.08.2013) (1) The activity, structure and organization of work of the State Agency for Technical Operations shall be regulated by Rules of Organization adopted by the Council of Ministers.

Section II.
Procedure for provision and application of special intelligence devices (new - SG 70/13, in force from 09.08.2013)
Art. 20. (1) (amend., SG 17/03; amend. and suppl. – SG 109/07, in force from 01.01.2008; amend. - SG 109/08; amend. – SG 93/09; amend. – SG 70/13, in force from 09.08.2013, amend. – SG, 14/2015) The special intelligence devices, besides those under para 2, shall be provided and used solely by:
1. State Agency “Technical Operations”;
2. specialized directorate “Technical Operations” of the State Agency “National Security”;
3. (amend. - SG 56/15) The Ministry of Interior – for special intelligence devices under Art. 10b and 10c, as well as for special intelligence devices under Art. 10a, when undercover officer is in action.
(2) (amend. - SG 109/08; amend. – SG 79/15, in force from 01.11.2015) State Intelligence Agency and the intelligence offices of the Ministry of Defence can possess and implement special intelligence devices within the sphere of their competence.

Art. 20a. (new – SG 70/13, in force from 09.08.2015, amend. regarding the entering into force – SG 111/13, in force from 31.12.2013; revoked - SG 107/14, in force from 01.01.2015)

Art. 21. (1) (amend. - SG 109/08; amend. – SG 74/15) The term of implementation of special intelligence devices shall be up to:
1. twenty days in cases of Art. 12, par. 1, item 4;
2. (amend. - SG 103/16) two years regarding activities related to protection of national security in cases of prevention of heavy deliberate crimes under Chapter One of the special section of the Penal Code;
3. two months in the remaining cases.
(2) (amend. – SG 74/15) If necessary, the term under para 1 can be extended by the order of Art. 15:
1. up to twenty days but for not more than sixty days in total in cases of par. 1, item 1;
2. (amend. - SG 103/16) for not more than three years in total in cases of par. 1, item 2;
3. for not more than six months in total in cases of par. 1, item 3.
but for no longer than a total of six months.
(3) (New - SG 70/13, in force from 09.08.2013) In the cases under para 2 the request for extension of the time limit shall also include a full and exhaustive indication of the results, obtained through the application of the special intelligence devices.
(4) (prev. text of para 3- SG 70/13, in force from 09.08.2013) The time limit shall commence as of the date determined by the permit under Art. 15.

Art. 22. (amend. - SG 17/03; amend. - SG 109/08) (1) The implementation of the special intelligence devices shall be discontinued by the structures under Art. 20, Para 1 upon expiration of the term of the permit under Art. 15.
(2) (amend. – SG 42/15, amend. - SG 103/16) The implementation of the special intelligence devices shall be discontinued by the structures under Art. 20, Para 1 upon expiration of the term of the permit under Art. 13, Para 1 - 4, when:
1. the intended purpose has been achieved;
2. their implementation yields no result.
(3) (amend. – SG 42/15) The use of the special intelligence devices by the structures under Art. 20, para 1 shall not start or get discontinued:
1. (new – SG 42/15) where a permit has been issued for application of special intelligence devices for solving of cases, beyond those indicated in Art. 3, par. 1;
2. (new – SG 42/15) in case of obvious factual mistakes in the request by the body under Art. 13 or in the permit of the body under Art .15;
3. (prev. item 1 – SG 42/15) in case of risk of discovering of operative methods;
4. (prev. item 2 – SG 42/15) when their implementation is impossible;
5. (prev. item 3 – SG 42/15) in case of danger for the life or health of the official under cover or his ascendants or descendants, brothers, sisters, spouse or persons of close relationship, where the danger arises from the assigned tasks.
(4) The structure under Art. 20, Para 1 shall notify in writing the bodies under Art. 13 and 15 immediately after the discontinuance of the implementation of the specialized investigation devices under Para 1 - 3.
(5) (new – SG 74/15) In cases of par. 3, items 1 and 2 the body referred to in Art. 20 shall notify immediately in writing the body of Art. 15, and also the body under Art. 13. The body of Art. 15 shall withdraw, amend or confirm the permit, shall send their act to the body of Art. 20 and shall notify the body of Art. 13. Upon receipt of the court act, by which the permit is amended or confirmed, the body of Art. 20 shall undertake measures for application of special intelligence devices immediately.

Art. 23. (amend., SG 17/03; amend. - SG 109/08; amend. – SG 42/15, amend. - SG 103/16) The bodies under Art. 13, para 1 - 4 shall be obliged to assist the respective structures applying special intelligence devices with updated information about the identity of the persons and subjects regarding whom they are applied.

Art. 24. The contents of the information, obtained as a result from the use of the special intelligence devices, shall be registered on a material carrier.

Chapter four.
USING THE RESULTS FROM THE APPLICATION OF SPECIAL INTELLIGENCE DEVICES
Art. 25. (amend., SG 17/03; amend. - SG 109/08) (1) (amend. – SG 42/15) The results from the application of special intelligence devices shall be presented on a paper or other carrier by the respective body of the structure under art. 20, para 1 immediately upon their receipt.
(2) (new – SG 42/15) Upon request of the body under Art. 13 and where there is technical feasibility the structure under Art. 20, par. 1 shall provide access to the information through automated information network.
(3) (prev. par. 2– SG 42/15) The contents of the information in the carrier under para 1 must correspond to the information contained in the material carrier under Art. 24.
(4) (prev. par. 3 – SG 42/15) Immediately after producing the carrier under para 1 shall be sent to the body who has made the request for the implementation of the special intelligence device.
(5) (prev. par. 4, amend. – SG 42/15, amend. - SG 103/16) Together with the carrier under para 1 immediately shall be sent the objects received under a controlled delivery or trust transaction, and at the request of the bodies under Art. 13, para 1-4 - also the produced photographs, records, sketches, plans.
(6) (prev. par. 5– SG 42/15) Within the term of applying special intelligence devices the material carrier under Art. 24 shall be kept by the structures under art. 20, para 1.

Art. 26. (amend., SG 17/03; amend. - SG 109/08; amend. – SG 42/15, amend. - SG 103/16) In the cases under Art. 22, Para 2, Item 1 the body under Art. 13, Para 1 - 4 shall notify immediately the structure under Art. 20, Para 1 for the need of producing a material evidential instrument and a protocol about its production or for the need of questioning the official under cover.

Art. 27. (amend., SG 17/03; amend. - SG 109/08) (1) (suppl. – SG 88/10, in force from 09.11.2010; amend. – SG 42/15, amend. - SG 103/16) The structure under art. 20, para 1 shall produce a material evidential instrument and a protocol about its production when the term for implementing the special intelligence device has expired and before expire of the term under Art. 31, para 3 a notification has been received by the body under Art. 13, Para 1 - 4 for the need of producing it.
(2) (amend. – SG 88/10, in force from 09.11.2010) The notification for producing a material evidential instrument or for the need of questioning the official under cover shall be provided to the structure under Art. 20, para 1 within 10 days from discontinuing the implementation of the special intelligence device.

Art. 28. (amend., SG 17/03; suppl. - SG 43/08; amend. - SG 109/08) In the cases under Art. 22, para 2, item 2 a material evidential instrument and a protocol about its production shall not be drawn up and the collected information regardless whether it represents classified information shall be destroyed by the order of Art. 31.

Art. 29. (1) (amend. - SG 109/08; amend. - SG 32/10, in force from 28.05.2010; amend. – SG 42/15, amend. - SG 103/16) The material evidence obtained by using special intelligence devices shall be produced in two copies by the relevant structure under Art. 20, Para 1, which shall implement them, and shall be indicated in a protocol under the order stipulated in the Penal Procedure Code. Within 24 hours from their production, one of the copies of the material evidential instruments and the protocol shall be sent sealed to the relevant body under Art. 13, Para 1 - 4 and to the body under Art. 15. When necessary for the penal proceedings, in cases of use of special intelligence devices the authority under Art. 13, Para 2 - 4 may order the production of the material evidential instruments in more than two copies. In such cases, within 24 hours from production of the material evidential instruments, a sealed copy shall be sent to the authority under Art. 15, and the rest of the copies shall be sent to the authority under Art. 13, Para 2 - 4.
(2) (amend., SG 17/03; amend. - SG 109/08) The written statement for the material evidence shall be signed by the respective head of the structure under art. 20, para 1.
(3) The written statement shall indicate:
1. (suppl. - SG 32/10, in force from 28.05.2010; amend. – SG 42/15, amend. - SG 103/16) the request by the body under Art. 13, para 1 -4;
2. (amend., SG 17/03; suppl. - SG 43/08; amend. - SG 109/08; suppl. – SG 42/15) the written consent of the persons under Art. 12, Para 2 or 3;
3. the permit for use under Art. 15;
4. (amend. - SG 109/08) the written order of the body under Art. 16.
(4) The written statement shall contain:
1. the time and the place of using the special intelligence devices;
2. the types of used operative methods and technical devices;
3. the obtained information about the controlled persons and subjects;
4. the text reproduction of the contents of the material evidence;
5. the conditions under which the results from the use have been accepted.
(5) Integral part of the protocol shall be the material evidence which shall be kept by the order of Art. 31.
(6) The written statement can be accompanied by schemes, plans, drawings and other graphic figures.
(7) (new - SG 109/08; amend. – SG 42/15, amend. - SG 103/16) Within one month from discontinuing the implementation of the special intelligence device the body under Art. 13, Para 1 - 4 shall submit a report to the judge having given the permission for its use. The report shall contain data for the type, the start and the end of implementation of the special intelligence device, whether material evidence instruments have been produced and whether the information collected by it has been destroyed.
(8) (new - SG 109/08; amend. – SG 42/15) The Chairmen of the Regional or Appellate courts, who have granted permission for using special intelligence devices, shall include in their annual reports data about the given permissions and the produced material evidential instruments.
Art. 30. (1) (amend., SG 17/03; suppl. - SG 43/08; prev. text of Art. 30, amend. - SG 109/08; amend. – SG 70/13, in force from 09.08.2013; suppl. – SG 74/15) Where the results obtained go beyond the scope of the request, the Chairman of State Agency for Technical Operations or the Chairman of the State Agency National Security shall inform the applicant of the results obtained within 24 hours.
(2) (new - SG 70/13, in force from 09.08.2013) The applicant shall notify the competent authority thereof within 24 hours from the receipt of the notification under para 1.
(3) (new - SG 109/08; prev. text of para 2, amend. - SG 70/13, in force from 09.08.2013, amend. – SG, 14/2015, suppl. - SG 81/16, in force from 14.10.2016) When the results under Para 1 concern the applicant or its head, correspondingly, the Chairman of State Agency for Technical Operations or a deputy chairperson empowered by him or her in writing, respectively the chairman of State Agency "National Security" or the deputy chairman of State Agency "National Security", or the MI Chief Secretary or, by his written authorization, the Deputy MI Chief secretary, shall immediately send the materials to the General Prosecutor or the Deputy General Prosecutor empowered by him in writing.

Art. 31. (1) (amend. – SG 82/06; suppl. - SG 43/08; amend. – SG 70/13, in force from 09.08.2013) The material evidence shall be kept by the Ministry of the Interior, respectively by the authorities referred to in Art. 13, para 1 until the pre-trial proceedings are opened.
(2) (amend. – SG 82/06) After the institution of the pre-trial proceedings the material evidence shall be kept by the respective bodies of the judiciary authority.
(3) (amend., SG 17/03; amend. - SG 43/08; amend. - SG 109/08; amend. – SG 42/15) The information under Art. 24 and 25 which is not used for the purposes of the material evidence and the information under Art. 25, regardless of whether it represents classified information shall be destroyed by the structures under Art. 13 and Art. 20, para 1 within 10 days from discontinuing the implementation of the special intelligence device. The destruction shall be carried out by a commission of three members appointed by the head of the structure, of which a protocol shall be drawn up.
(4) (amend. – SG 42/15, amend. - SG 103/16) The structure under Art. 20, Para 1 shall send to the authority under Art. 13, Para 1 - 4 the protocol of destruction together with a motivated request and the authorisation for usage of special intelligence devices within 7 days. In the cases under Art. 12, Para 2 or 3 a written agreement of the person shall also be sent.
(5) (new - SG 109/08; amend. – SG 42/15; suppl. – SG 74/15, amend. - SG 103/16) The bodies under Art. 13, Para 1 - 4 shall store the protocol of destruction under Para 3 and 7, the request and the permit for implementing the special intelligence devices, and in the cases of Art. 12, Para 2 or 3 - also the written consent of the person.
(6) (new - SG 109/08; amend. – SG 42/15; amend. – SG 74/15, amend. - SG 103/16) The information under Art. 21, Para 1, item 2, par. 2, item 2 shall be kept by the respective special directorate, territorial directorate or independent territorial department of the State Agency "National Security", by Military Information Office to the Minister of Defense or by the State Intelligence Agency for a period of 15 years. The term shall start elapsing from the termination of the application of the special intelligence device.
(7) (new – SG 74/15) Upon expiration of the term under par. 6 the information shall be destroyed by a commission of three members, nominated by the head of the respective structure under par. 6, for which a protocol shall be drawn up.

Art. 32. (amend. - SG 103/16) The results obtained by the special intelligence devices cannot be used for anything else than for prevention, disclosure and proving crime and for protection of national security under conditions and by the order stipulated by the law.

Art. 33. Persons to whom facts and information have become known regarding special intelligence devices, used under the conditions and by the order of this Act, as well as the collected information, shall be obliged not to disseminate them.

Art. 34. (amend. – SG 109/07, in force from 01.01.2008; revoked - SG 109/08)

Chapter four "a".
CONTROL AND MONITORING OF THE SPECIAL INTELLIGENCE DEVICES
Art. 34a. (new - SG 109/08) (1) The control of the implementation and use of the special intelligence devices shall be carried out by:
1. (amend. – SG 70/13, in force from 09.08.2013) the Chairperson of the State Agency for Technical Operations, when the special intelligence devices are implemented and used by the Agency;
2. the Chairman of State Agency "National Security", when the special intelligence devices are implemented and used by the structures of State Agency "National Security";
3. (new – SG, 14/2015) The Minster of Interior where special intelligence devices are applied and used under Art. 10c of the Act on the Ministry of Interior.
(2) The heads of the structures under Art. 20, Para 1 shall carry out the control for lawful implementation of special intelligence devices.

Art. 34b. (new - SG 109/08; amend. – SG 88/09; amend. – SG 70/13, in force from 09.08.2013) (1) (amend. - SG 107/14, in force from 01.01.2015) The National Special Intelligence Devices Control Bureau, hereinafter referred to as "National Bureau", shall be an independent state authority that monitors the procedures of permission, application and use of special intelligence means, of storage and destruction of information obtained through special intelligence devices, as well as of protection of citizens' rights and freedoms against illegal use of special intelligence devices.
(2) The National Bureau is a legal entity, funded from the national budget and having its headquarters in Sofia.
(3) The National Special Intelligence Devices Control Bureau shall be a primary budget spending unit.
(4) The National Bureau is a permanently functioning body, supported by an administration.
(5) The information which has become known to the members and employees of the National Bureau during or in the course of fulfilment of their duties and does not constitute a state secret, shall be an official secret.
(6) Upon taking up their positions the persons under para 5 shall sign declaration that they would not disclose the information while on their positions and after leaving them.
(7) Annually, by May, 31 the National Bureau shall provide the National Assembly with a report on the activities performed, which shall contain summarised information on the permitting, application and use of special intelligence devices, the storage and destruction of the information obtained through such means, as well as the protection of citizens' rights and freedoms against illegal use of special intelligence devices.
(8) The National Bureau shall prepare rules on its activity and the activity of its administration. The rules shall be published in the State Gazette.

Art. 34c. (new - SG 109/08; revoked – SG 88/09; new – SG 70/13, in force from 09.08.2013)(1) The National Bureau is a collegial body comprising 5 members, a Chairperson and a Deputy Chairperson inclusive, who shall be elected by the National Assembly for a time period of 5 years.
(2) Eligible for members of the National Bureau shall be only legally capable Bulgarian citizens having at least 8 years of experience in the legal profession or professional experience in security services or at in public order services and who have obtained clearance for access to classified information of "Top Secret" classification level.
(3) The members of the National Bureau shall perform their activity under employment legal relation.
(4) Upon termination of the employment legal relation a member of the National Bureau shall be restored to the position he held prior to his or her election.
(5) The time period, during which the person had been elected to the National Bureau, shall be recognized as professional experience in the position held prior to his or her election.
(6) The powers of a National Bureau member shall be terminated by the National Assembly prior to expiry of his or her term of office:
1. upon his/her request;
2. in case of factual impossibility to perform his/her duties for more than three consecutive months;
3. in case of occurring non-compliance with the requirements for holding the position;
4. (amend. – SG 7/18) upon entry into force of an act, establishing conflict of interests pursuant to the Act On Counteracting Corruption And On Seizure Of Illegally Acquired Property.
(7) In case of death or early termination of the powers of a National Bureau member the National Assembly shall elect under the procedure of Art. 34d a new member to complete the term of office within one month.

Art. 34d. (new - SG 109/08; revoked – SG 88/09; new – SG 70/13, in force from 09.08.2013) (1) (amend. - SG 103/17, in force from 01.01.2018) Each nomination for a National Bureau member shall be introduced to the National Assembly accompanied by a CV, a document of professional experience, a medical certificate to the effect that the individual is free of mental illness, the documents required for performing a background check within the meaning of the Protection of Classified Information Act.
(2) (suppl. - SG 103/17, in force from 01.01.2018) The Chairperson of the specialised standing committee of the National Assembly shall forward to the State Agency for National Security the documents of the nominees for members of the National Bureau for performing a background check, including about previous convictions. The State Agency for National Security shall perform within one month the special check within the meaning of the Classified Information Protection Act.
(3) The nominations for National Bureau members shall be reviewed by the specialised standing committee of the National Assembly within 7 days of receipt of the feedback under para 2.
(4) The committee under para 2 shall notify the sponsor of the nomination in case of finding that the nominee fails to meet the requirements of the law. New nominations may be submitted within 7 days from such notice.
(5) The committee under para 2 shall hear the nominees, who meet the requirements of the law and shall submit a report, summarising the results of the hearing, within 7 days of holding it.
(6) The National Assembly shall elect the members of the National Bureau individually. The National Assembly shall elect a Chairperson and a Deputy Chairperson among the members.
(7) Upon being elected the members of the National Bureau shall take an oath before the National Assembly with the following content: "I take a vow in the discharge of my duties to abide by the Constitution and the laws of the Republic of Bulgaria, to perform the duties of my office in good faith, and to be guided by the interests of the state and the principles of independence and objectivity."
(8) The taking of oath shall be certified by signing a statement of oath.

Art. 34e. (new - SG 109/08; revoked – SG 88/09; new – SG 70/13, in force from 09.08.2013)(1)The Chairperson shall represent, manage and organize the activity of the National Bureau and in his or her absence, the later shall be replaced by the deputy chairperson.
(2) The Chairperson of the National Bureau shall receive a base monthly remuneration in the amount of 85 percent of the base monthly remuneration of the Speaker of the National Assembly.
(3) (amend. – SG 42/15) The Deputy Chairperson shall receive a basic monthly remuneration amounting to 80 percent of the basic monthly remuneration of the Chairperson of the National Assembly.
(4) (amend. – SG 42/15) The other members of the National Bureau shall receive a basic monthly remuneration amounting to 75 percent of the basic monthly remuneration of the Chairperson of the National Assembly.
(5) The members of the National Bureau shall not be entitled to additional financial incentives.

Art. 34f. (new - SG 109/08; revoked – SG 88/09; new – SG 70/13, in force from 09.08.2013) (1) In order to perform the task set out in Art. 34b, para 1 the National Bureau shall carry out activities related to:
1. requesting within the limits of its competencies information from the bodies and structures under Art. 13, 15 and 20;
2. checking the appropriateness of record-keeping by the bodies and structures under Art. 13, 15 and 20 in relation to their activities under the Act together with any requests, permits and orders kept in regard to use and application of special intelligence devices, as well as concerning the storage and destruction of the information obtained through such means;
3. issuing of obligatory instructions regarding improvement of the regime of use and application of special intelligence devices, as well as of the storage and destruction of the information obtained through such means.
(2) In carrying out the activity under para 1, item 2 the National Bureau shall draw up:
1. templates for the registers of the bodies and structures under Art. 13, 15 and 20 relating to their activities under the Act;
2. rules for record-keeping under item 1;
3. rules for storage of the requests, permits and orders concerning the use and application of special intelligence devices.
(3) The templates of the registers and rules shall be approved by the Chairperson of the National Bureau following consultation with the heads of the bodies under Art. 13, para 1, items 1-3, the Chairperson of the State Agency for Technical Operations and the Supreme Judicial Council.
(4) For performance of the activities under para 1 the members of the National Bureau, as well as its employees, according to their competence, shall be entitled to access to:
1. all documents related to the use and application of special intelligence devices;
2. all documents related to storage and destruction of the information obtained through special intelligence devices;
3. all premises, where documents referred to in items 1 and 2 are being stored.
(5) (amend. – SG 74/15) In case of finding data on illegal use and application of special intelligence devices, respectively of storage and destruction of information obtained through such means, the National Bureau shall approach the prosecution authorities and the heads of the bodies and structures under Art. 13 and 20.
(6) (new – SG 42/15; amend. – SG 74/15) In case of existing information about illegitimate permission for application of special intelligence devices by a body under Art. 15 the National Bureau shall advise the prosecution office thereof and shall notify the Supreme Judicial Council and the Minister of Justice.

Art. 34g. (new - SG 109/08; amend. – SG 88/09; amend. – SG 70/13, in force from 09.08.2013) (1) The National Bureau shall inform the citizens ex officio in case special intelligence devices had been applied against them illegally.
(2) Citizens shall not be informed in case such information would pose a risk:
1. to achieving the goals referred to in Art. 3 or Art. 4;
2. of disclosure of the operative methods or technical means;
3. for the life or health of an undercover officer or of his/her relatives in an ascending or descending line, siblings, spouse or other people with whom he/she is in especially close relations, where the risk stems from the tasks assigned.

Art. 34h. (new - SG 109/08; amend. – SG 88/09; amend. – SG 70/13, in force from 09.08.2013) (1) (amend. – SG 74/15) The National Assembly shall, via a standing committee, exercise parliamentary control over the procedures of permitting, application and use of special intelligence devices, and also over keeping and destroying of the information received thereby.
(2) The officials invited shall be obliged to appear before the committee under para 1 and provide the information required.

Chapter four "b".
USE AND APPLICATION OF SPECIAL INTELLIGENCE DEVICES IN RELATION TO INTERNATIONAL COOPERATION ON PENAL MATTERS (NEW - SG 88/09)
Art. 34i. (new – SG 88/09) (1) Except for the cases referred to in Art. 3, para 1 special intelligence devices may also be used if this is provided by an international agreement which is effective for the Republic of Bulgaria.
(2) In the cases referred to in para 1 special intelligence devices may also be used for prevention and investigation of crimes explicitly specified in the international agreement by virtue of which the use of such is authorized.

Art. 34k. (new – SG 88/09) (1) In the cases referred to in Art. 34i special intelligence devices may also be provided and applied by the competent authorities of a foreign country.
(2) A foreign undercover employee shall have the rights as per Art. 10c and may be used for achieving the goals under Art. 10c, where this is provided in an international agreement that has entered into force for the Republic of Bulgaria, or if an agreement is concluded regarding each individual case following the reciprocity principle.

Art. 34l. (new – SG 88/09) Special intelligence devices under this Chapter shall be applied for the term fixed in the Penal Procedure Code.

Art. 34m. (new – SG 88/09) The results acquired by means of special intelligence devices pursuant to the present Chapter may be used for the purposes of international legal support as well as for the purposes of internal investigation in compliance with the national legislation.

Art. 34n. (new – SG 88/09) (1) Upon receipt of application for legal aid from a foreign state along with a request for continuation of cross-border supervision from the territory of other states on the territory of the Republic of Bulgaria by employees from the requesting state. The Supreme Prosecutor’s Office of Cassation shall pronounce with regards to the application and if authorizes its execution, a grounded request for permission shall be submitted to the Chairman of the Sofia City Court or a deputy chairman authorized by him/her.
(2) The request must contain the following:
1. information about the crime for the investigation of which requires cross-border supervision;
2. data about the persons who will be subject to cross-border supervision;
3. the employees carrying out cross-border supervision;
4. terms under which cross-border supervision is carried out;
5. the term for carrying out cross-border supervision.
(3) The Chairman of the Sofia City Court or a deputy chairman authorized by him/her shall immediately grant a permission in writing for carrying out cross-border supervision or refuse such, providing the reasons for this.
(4) The permission shall be filed via the Supreme Prosecutor’s Office of Cassation to the competent authorities of the requesting state, provided that the competent Bulgarian authorities are informed thereof.

Art. 34o. (new – SG 88/09) (1) In emergency cases of crossing the Bulgarian frontier for the purposes of cross-border supervision, if a permission has not been requested in advance, the employees of a foreign state carrying out the supervision are entitled to go on with it on the territory of the Republic of Bulgaria, where this is provided by an international agreement which has entered into force for the Republic of Bulgaria.
(2) (amend., SG 93/09) The competent authorities of the foreign state whose employees are engaged in the supervision, shall immediately notify the Supreme Prosecutor’s Office of Cassation and the Chief Secretary of the Ministry of Interior or an authorized official of the fact that the frontier has been crossed during the supervision.
(3) (amend., SG 93/09) As soon as it has been notified, the Supreme Prosecutor’s Office of Cassation shall immediately pronounce whether the supervision must be terminated and shall notify thereof the requesting state and the Chief Secretary of the Ministry of Interior or an official authorized by him/her.
(4) The competent authorities of the foreign state whose employees carry out the supervision shall immediately send to the Supreme Prosecutor’s Office of Cassation an application for legal support in relation to cross-border supervision, providing the grounds for crossing the frontier without an advance permit.
(5) After receiving the application for legal support the Supreme Prosecutor’s Office of Cassation shall immediately rule on whether it shall be approved for implementation. In case of refusal, the supervision shall be stopped straight away.
(6) In case the Supreme Prosecutor’s Office of Cassation approves the application, it shall submit a grounded request for permit to the chairperson of Sofia City Court or to a authorized deputy-chairperson.
(7) The application shall include:
1. information concerning the crime, the investigation of which requires cross-border supervision;
2. data about the persons who will be subject to cross-border supervision;
3. circumstances that call for emergency;
4. the employees carrying out cross-border supervision;
5. conditions under which cross-border supervision will be carried out;
6. the term of the cross-border supervision.
(8) The chairperson of Sofia City Court or the authorized deputy-chairperson shall grant a written permission for cross-border supervision or shall refuse such providing the reasons for that, within five hours from crossing the Bulgarian frontier.
(9) The chairperson of Sofia City Court or the authorized deputy-chairperson shall immediately forward the granted permission to the Supreme Prosecutor’s Office of Cassation.
(10) In those cases where the chairperson of Sofia City Court or the authorized deputy-chairperson refuses to issue a permission, the cross-border supervision shall be stopped.
(11) The Supreme Prosecutor’s Office of Cassation shall notify the competent authorities of the requesting state of the issued permission and forward it, informing the employees who carry out the supervision.

Art. 34p. (new – SG 88/09) (1) While using special intelligence devices pursuant to this Chapter, employees of the competent authorities are obliged to:
1. observe the legislation of the Republic of Bulgaria;
2. to observe the instructions of the competent Bulgarian authorities;
3. to have a document certifying that the respective permit has been granted, except in the cases referred to in Art. 34o;
4. to be able to prove at any moment that they are performing their official functions.
(2) At implementation of special intelligence devices under this Chapter, shall not be allowed entry in homes and places which are not publicly accessible. Employees carrying out the supervision shall not be entitled to detain the person subject to surveillance.
(3) The employees of the competent authorities of the foreign state shall draw up a report on the activities they have carried out in the territory of the Republic of Bulgaria immediately afterward.
(4) The report referred to in para 3 shall be sent to the Supreme Prosecutor’s Office of Cassation, which shall forward it to the chairperson of the Sofia City Court or to or the authorized deputy-chairperson, who has granted the permission for carrying out the activities in question, provided that the latter may order the personal appearance of the respective employees.
(5) Pre-trial authorities and the court may require from the competent authorities of the foreign state whose employees have used special intelligence devices on the territory of the Republic of Bulgaria to cooperate in the penal procedures if such is initiated as a result of the activities related to use of special intelligence devices carried out by the said employees.

Art. 34q. (new – SG 88/09) As regards to matters that have not been covered by this Chapter, the general provisions of the Law shall be applied.

Chapter five.
ADMINISTRATIVE AND PUNITIVE PROVISIONS
Art. 35. (1) (amend. - SG 109/08) For violations under this Act, which do not constitute crime, a fine shall be imposed, amounting from 1 000 to 2 500 levs.
(2) For repeated violation the fines shall amount from 2 500 to 5 000 levs.

Art. 36. (revoked - SG 109/08)

Art. 37. (1) (amend., SG 17/03; amend. and suppl. – SG 109/07, in force from 01.01.2008; amend. - SG 109/08; amend. – SG 70/13, in force from 09.08.2013) (1) (amend. – SG, 14/2015) The acts for established violations under this Act shall be issued by persons authorised in writing by the Chairperson of the State Agency for Technical Operations, by the Chairperson of the State Agency National Security or by the Minister of Interior.
(2) (amend. – SG, 14/2015) Penalty decrees shall be issued by the Chairperson of the State Agency for Technical Operations or a deputy minister empowered by him in writing, by the Chairman of State Agency "National Security" or a deputy chairman empowered by him in writing, or by the Minister pf Interior or an official, authorised by him.
(3) Establishment of violations, the issuance, the appeal and the fulfilment of the penalty decrees shall be carried out by the order determined by the Administrative Violations and Penalties Act.

Concluding provisions

§ 1. This Act revokes the Special Intelligence Devices Act (prom., SG, No 30 of 1994; amend., No 64 of 1997).

§ 2. (amend. - SG 43/08; amend. – SG 70/13, in force from 09.08.2013, amend. – SG, 14/2015) The implementation of the Act is assigned to the Chairperson of the State Agency for Technical Operations and to the Chairman of State Agency "National Security", and to the Minister of Interior who shall give instructions on its implementation according to their competences.

The Act was adopted by the 38th National Assembly on October 8, 1997 and was affixed with the state seal.

Transitional and concluding provisions
TO THE STATE AGENCY FOR NATIONAL SECURITY ACT
(PROM. - SG 109/07, IN FORCE FROM 01.01.2008)

§ 44. The Act shall enter into force from 1 January 2008.

Additional provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE SPECIAL INTELLIGENCE DEVICES ACT
(PROM. - SG 109/08)

§ 22. Everywhere in this Act the words "the authorized" and "authorized" shall be substituted by "the empowered" or "empowered".

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE SPECIAL INTELLIGENCE DEVICES ACT
(PROM. - SG 109/08)

§ 24. Within three months from entry into force of this Act the Council of Ministers shall provide to the National Bureau and its administration the necessary working premises and technical means for performance of its activity.

Transitional provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE SPECIAL INTELLIGENCE DEVICES ACT
(PROM. - SG 88/09; amend. – SG 1/11, in force from 04.01.2011)

§ 6. (1) The National Bureau for Control of the Special Intelligence Devices shall be closed.
(2) The assets and liabilities of the National Bureau for Control of the Special Intelligence Devices shall be transferred to the Ministry of Justice, and all the documents along with the archive shall be handed over to the National Assembly.
(3) The employment legal relations of the members of the National Bureau for Control of the Special Intelligence Devices and the official and employment legal relations of the employees from its administration shall be terminated by the Minister of Justice under the terms of Art. 106, para 1, item 1 of the Civil Servant Act and Art. 328, para 1, item 1 of the Labour Code.
(4) (amend. – SG 1/11, in force from 04.01.2011) Upon termination of the employment legal relations the members of the National Bureau for Control of the Special Intelligence Devices who have submitted requests to the Supreme Judicial Council within 14 days from the termination, shall be restored to their previous positions held prior to their election by the National Assembly at the National Bureau for Control of the Special Intelligence Devices in the judiciary. The time spent at the respective position shall be deemed as a service pursuant to Art. 164, paras 1 through 7 of the Judiciary System Act.

Transitional and concluding provisions
TO ACT AMENDING AND SUPPLEMENTING THE PENAL-PROCEDURE CODE
(PROM. – SG 32/10, IN FORCE FROM 28.05.2010)

§ 72. This Act shall enter into force one month after its promulgation in the State Gazette except the provision of § 5, which shall enter into force one year after the promulgation of the State Gazette Act.

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE PENAL-PROCEDURE CODE
(PROM. – SG 13/11, IN FORCE FROM 01.01.2012; AMEND. - SG 61/11)

§ 11. (amend. - SG 61/11) This Act shall enter into force from 1 January 2012.

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE MINISTRY OF INTERIOR ACT
(PROM. – SG 44/12, IN FORCE FROM 01.07.2012)

§ 54. (1) The set up by this law General Directorate "National Police" shall be a legal successor of the assets, liabilities, rights and obligations of General Directorate "Criminal police" and of General Directorate "Security police".
(2) Procedural representation in pending disputes of General Directorate "Criminal Police" and General Directorate "Security police" shall be carried out by the Director of General Directorate "National police".

§ 55. Upon entering of this law into force the existing official and employment legal relations of state servants and of persons working under employment agreements in General Directorate "Criminal police" and in General Directorate "Security police" shall be transformed respectively into official and employment legal relations of state servants and of persons working under employment agreements in General Directorate "National police".

§ 56. The issued secondary regulatory acts prior to enforcement of this law shall be applied until the issuance of respective new acts, as long as they do not conflict therewith.

§ 57. The years of service, accumulated according to the Law for the civil servant and the Labour Code by the employees under § 64 of the Transitional and Concluding provisions of the Law amending and supplementing the Ministry of Interior Act (SG 93/09) shall be acknowledged as years of service for the same employer, respectively appointing body.
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§ 70. This Act shall enter into force from July 1, 2012.

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE NATIONAL SECURITY AGENCY ACT
(PROM. – SG 52/13, IN FORCE FROM 14.06.2013)

§ 27. The act shall enter into force from the day of its promulgation in State Gazette.

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE SPECIAL INTELLIGENCE DEVICES ACT
(PROM. – SG 70/13, IN FORCE FROM 09.08.2013; AMEND. – SG 111/13, IN FORCE FROM 31.12.2013)

§ 29. (1) The service legal relations of the civil servants at the specialized directorate of Operative Technical Operations with the Ministry of Interior shall be transformed into service legal relationships with the State Agency for Technical Operations, except for the service legal relationships of the civil servants carrying out activities related to development and use of technical devices and methods for prevention of terrorist activities, development and application of specific physical and chemical methods and means and conduct of blasting and technical examination and evaluation of explosives or of components of explosive devices.
(2) The labour legal relations of the employees of the specialized directorate of Operative Technical Operations of the Ministry of Interior shall be transferred to the State Agency for Technical Operations on the grounds of Art. 123 of the Labour Code, with the exception of labour legal relationships of the employees carrying out activities related to development and use of technical means and methods for prevention of terrorist activities, development and application of specific physical and chemical methods and means and conduct of blasting and technical examination and evaluation of explosives or of components of explosive devices.
(3) The persons referred to in paras 1 and 2 shall be transferred to the State Agency for Technical Operations without probationary employment except for the employees, who currently are in probationary employment.
(4) The length of service, gained under the Ministry of Interior Act by employees, transferred to the State Agency for Technical Operations, shall be regarded as employment with the same employment body, respectively employer, including for the purposes of payment of the compensations due upon termination of the relationship with the Agency.
(5) The length of service as civil servant under the Ministry of Interior Act, for which no compensations had been received before the transfer to the State Agency for Technical Operations, shall be taken into consideration when determining the amount of compensation upon termination of the service relation.

§ 30. (1) The State Agency for Technical Operations shall be successor in title to the assets, liabilities, rights and obligations of the specialized directorate of Operative Technical Operations of the Ministry of Interior.
(2) The tangible fixed assets of the Ministry of Interior, used by the specialized directorate of Operative Technical Operations of the Ministry of Interior, shall be made available to the State Agency for Technical Operations.
(3) Within three months from the entry into force of this Act the Council of Ministers shall set out the relations with regard to transformation of the administrative structures referred to in para 1.
(4) The documents, drawn up and stored at the specialized directorate of Operative Technical Operations, which are not subject to transfer under the procedure of the National Archive Fund Act, shall be transferred to the State Agency for Technical Operations within one year from the entry into force of this Act.
(5) Within 6 months from the entry into force of this Act the Ministry of Interior shall transfer all active cases on operative account, kept by the specialized directorate of Operative Technical Operations to the State Agency for Technical Operations. The remaining data bases at the Ministry, containing information on those cases, shall be destroyed without delay.
(6) Till the procedures, related to materiel and technical support of the State Agency for Technical Operations are finalized, the Ministry of Interior shall provide the funds and resources required for performance of the activities of the Agency.

§ 31. (1) The Prime Minister shall nominate before the Council of Ministers a Chairperson of the State Agency for Technical Operations within one month from entry into force of this Act.
(2) Till the entry into office of the Chairperson of the State Agency for Technical Operations his/her powers under this Act shall be exercised by the Minister of Interior.

§ 32. Within three months from the entry into force of this Act the Council of Ministers shall adopt the Rules of Organization under Art. 19h, as well as the act under Art. 20a, para 3.

§ 33. (1) The National Assembly shall elect the members of the National Special Intelligence Devices Control Bureau within two months from the entry into force of this Act.
(2) Within three months from the entry into force of this Act the Council of Ministers shall provide the National Special Intelligence Devices Control Bureau with the working premises and technical means, required for the performance of its activity.

§ 34. (1) The National Special Intelligence Devices Control Bureau shall draw up the rules under Art. 34b, paragraph 8 within one month from the inauguration of the Bureau members.
(2) The Chairperson of the National Special Intelligence Devices Control Bureau shall approve the templates of the registers and rules under Art. 34f, para 3 within two months from taking office.
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§ 42. (amend. – SG 111/13, in force from 31.12.2013) This Act shall enter into force from the date of its publication in State Gazette, except for § 1 and § 15, which shall enter into force from January 1, 2015.

Concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE SPECIAL INTELLIGENCE DEVICES ACT
(PROM. - SG 107/14, IN FORCE FROM 01.01.2015)

§ 4. The Act shall enter into force from January 1, 2015
Transitional and concluding provisions
TO THE ACT, AMENDING AND SUPPLEMENTING THE ACT ON THE MINISTRY OF INTERIOR
(PUBL. – SG, 14/2015)

§ 103. (In force from 01/04/2015) The provisions of the Act on the Civil Servant shall apply to the civil servants under Art. 19f, Para. 1, p. 2 of the Act on Special Intelligence Devices, whose official legal relations have occurred after 1 April 2015.

§ 104. (In force from 1. 4. 2015) to the civil servants in the State Agency “Technical Operations”, occupying positions for civil servants under Art. 19f, Para. 1, p. 2 of the Act in the Special Intelligence Devices, whose civil legal relations have not been interrupted by 1 April 2015, the provision of the legislation in force to the civil servants under Art. 19f, Para. 1, p. 1 of the Act on the Special Intelligence Devices shall apply by the time their civil legal relations have been terminated.
§ 105. (In force from 1. 4. 2015) The civil servants under § 104 may be re-appointed and temporarily re-appointed at vacant positions for civil servants under Art. 19f, Para. 1, p. 2 of the Act on the Special Intelligence Devices under the terms and provision of the Act on Special Intelligence Devices.
§ 106 (In force from 1. 4. 2015) The civil servants under §104 may be appointed at positions for civil servants under Art. 19f, Para. 1, p. 1 of the Act on Special Intelligence Devices under the conditions and procedure of the Act on Special Intelligence Devices, if they meet the requirements for occupying the relevant position.
§ 129 Para. 11, p. 1, § 12, 21, 36, 85, 96, 87, 88, § 91, p. 6, § 97, 98, 99, 10, 101, § 102. p. 8, §103, 104, 105, 106 and 125 shall come into force from 1 April 2015.
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE SPECIAL INTELLIGENCE DEVICES ACT
(PROM. – SG 74/2015)

§ 8. The terms of application of special intelligence devices under pending procedures shall be determined according to the existing procedure.
§ 9. The term under Art. 31, par. 6 shall apply also to information obtained prior to entering of this act into force.

Transitional and concluding provisions
TO THE STATE INTELLIGENCE AGENCY ACT
(PROM. – SG 79/2015, IN FORCE FROM 01.11.2015)

§ 31. The act shall enter into force on 1 November 2015, except for § 17, item 4 with reference to Art. 69, which shall enter into force on 1 January 2016.
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE ELECTION CODE
(PROM. - SG 39/16, IN FORCE FROM 26.05.2016)
§ 155. This Act shall enter into force on the day of its promulgation in the State Gazette.
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE MINISTRY OF INTERIOR ACT
(PROM. - SG 81/16, IN FORCE FROM 01.01.2017)
§ 102. This Act shall enter into force on January 1, 2017, except for:
1. paragraphs 6-8, § 12, items 1, 2 and 4, § 13, § 14, § 18-20, § 23, § 26-31, § 32, items 1 and 4, § 33-39, § 41-48, § 49 on Art. 187, para. 3, first sentence, § 50-59, § 61-65, § 81-85, § 86, item 4 and 5, § 87, item 3, § 90, item 1, § 91, item 2 and 3, § 92, § 93 and § 97-101, which shall enter into force from the day of the Act’s promulgation in the State Gazette.
2. paragraph 32, item 2 and 3, § 49 on Art. 187, para. 3, new second sentence, § 69-72, § 76 concerning persons under § 70, § 78 with respect to employees under § 69 and § 70, § 79 regarding employees under § 69 and § 70, § 91, item 1 and § 94, which shall enter into force on February 1, 2017.
Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE PENAL PROCEDURE CODE
(PROM. - SG 63/17, IN FORCE FROM 05.11.2017)
§ 116. The Act shall enter into force three months after its promulgation in State Gazette.
Transitional and concluding provisions
TO THE ACT SUPPLEMENTING THE ACT ON LIMITATION OF THE ADMINISTRATIVE REGULATION AND THE ADMINISTRATIVE CONTROL OVER THE BUSINESS ACTIVITY
(PROM. - SG 103/17, IN FORCE FROM 01.01.2018)
§ 68. The Act shall enter into force on 01 January 2018.
Transitional and concluding provisions
TO THE ACT ON COUNTERACTING CORRUPTION AND ON SEIZURE OF ILLEGALLY ACQUIRED PROPERTY 
(PROM. - SG 7 OF 2018)
§ 38. In the Special Intelligence Devices Act (prom., SG issue 95 of 1997; amend., issue 70 of 1999, issue 49 of 2000; issue 17 of 2003, issue 86 of 2005, issue 45 and 82 of 2006, issue 109 of 2007, issues 43 and 109 of 2008, issues 88, 93 and 103 of 2009, issues 32 and 88 of 2010, issue 1 and 13 of 2011, issue 44 of 2012, issues 17, 52, 70 and 111 of 2013, issues 53 and 107 of 2014, issues 14, 42, 56, 74 and 79 of 2015, issues 39, 81 and 103 of 2016 and issue 63 and 84 of 2017), the following amendments and supplements shall be made: 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Everywhere in the Act, the words "the Law on the Prevention and Establishing Conflict of Interests" shall be replaced by "the Act On Counteracting Corruption And On Seizure Of Illegally Acquired Property".