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Security & Intelligence Apparatus

The three pieces of legislation, which regulate the activities of the Croatian intelligence and security agencies are the Constitution of the Republic of Croatia, the National Security Strategy (SNS), adopted on March 19th 2002, and the Republic of Croatia Security Services Act (ZoSS), adopted by the Parliament on March 21st 2002 and in force since April 1st 2002.

The Constitution provides that the responsibility for the control and management of the Croatian security services is shared among various institutions, in this count the President of the Republic and the Prime Minister, who jointly appoint the directors of the services and are responsible for their overall guidance, and the Parliament, which not only exercises direct control over the security agencies, but also passed the SNS as an overall guideline for national security policies.

ZoSS provides in detail for the management mechanisms of the national security system. It establishes a supreme joint consultation body of the executive branch, the so called National Security Council (VNS), including the President, the Prime Minister, the Cabinet Member for National Security Affairs (usually a Deputy Prime Minister), the Defence Minister, the Minister of Interior, the Minister of Foreign Affairs, the Minister of Justice, the Chief of the General Staff of the Armed Forces and the Parliamentary Speaker (without a right to vote).

The ZoSS further provides for a Security Services Coordination Council (SKSS) whose members are the Cabinet member for National Security, who presides over the Council and is also a member of the VNS, the Presidential National Security Adviser, the directors of the security agencies and the head of the Office of the National Security Council (UVNS). The SKSS is charged with the implementation of the decisions of the President and the Cabinet concerning the security services, as well as with the operative coordination of their activities.

The UVNS is an office for administrative support of VNS and SKSS, which is tasked with preparing materials, reports and analyses for general information of the officials engaged in overseeing the security services.

The ZoSS also provides for the establishment of three intelligence and security agencies:

The Civil Intelligence Agency (Obavještajna agencija, OA) is designed to operate on foreign territory and is responsible for collecting, analysing, assessing, and distributing information on foreign political, economic, security, and military developments, especially such that could pose a threat to the Croatian security. It is also tasked with counter-intelligence protection of the Croatian citizens and institutions abroad. The OA is accountable to the President and to the Cabinet through the SKSS and VNS.

The Counter-intelligence Agency (Protuobavještajna agencija, POA) operates on Croatian territory, and is entrusted with the collection and analysis of information on the activities of foreign intelligence services, individuals and groups, which can be threatening to national security. It is also responsible for the protection of designated officials, objects, and spaces, defined as such by the Cabinet. Furthermore, the POA is charged with the security clearances of individuals that could be in contact with classified information. However, the POA cannot act against military personnel. The POA is accountable to the President and the Cabinet through the SKSS and VNS.

The Military Security Agency (Vojna sigurnosna agencija, VSA) is a division within the Ministry of Defence, tasked with intelligence and counter-intelligence support of the Ministry and the Armed Forces. In peacetime, VSA uses material collected by the OA. In state of emergency or war, it is authorised to collect data on foreign territory. It is also authorised to investigate against military and civilian personnel of the Ministry and the Armed Forces. However, the VSA cannot act against regular civilians.