Administrative Order No. 68




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ ADMINISTRATIVE ORDER NO. 68, April 08, 2003 ] PROVIDING FOR THE STRENGTHENING OF THE NATIONAL INTELLIGENCE COORDINATING AGENCY (NICA) TO DIRECT, COORDINATE AND INTEGRATE ALL GOVERNMENT ACTIVITIES INVOLVING NATIONAL INTELLIGENCE AND FOR OTHER PURPOSES WHEREAS, owing to challenges posed by terrorism, there is a need to streamline the Intelligence Community to make it responsive to the new environment. WHEREAS, for purposes of providing timely, relevant and useful intelligence for the use of various government agencies, there is a need to properly coordinate, direct and integrate the national intelligence gathering activities of the government at all levels; NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order that: Section 1. Strengthening NICA's Role and Authority. — The NICA shall have principal authority to direct, coordinate and integrate all government activities involving national intelligence and continue to serve as the focal point for the preparation of intelligence estimates of local and foreign situations for the formulation of national policies by the President. As lead intelligence collection agency of the national government it shall operate directly under the Office of the President and shall be accountable to the President of the Republic of the Philippines. The Director General (DG), NICA shall serve as the principal adviser to the President on intelligence. He shall undertake measures to streamline and strengthen the intelligence community in general and the Agency in particular in addressing broader national intelligence concerns, including, but not limited to counter-intelligence, counter-terrorism, foreign intelligence and economic intelligence. In this regard, he shall establish the Directorate for Counter-intelligence which shall serve as the focal point for the national government's counter-intelligence activities and operations. For the above purpose, the NICA is authorized to request for secondment to the Agency of personnel from other government offices. It may detail NICA liaison officers to other government departments, agencies and offices as needed. Section 2. National Intelligence Committee. — There shall be organized a National Intelligence Committee (NIC) to serve as the advisory body to the DG, NICA for the coordination, integration and fusion of all intelligence activities relating to the preparation of the National Intelligence Estimate (NIE) and in addressing other issues of national intelligence concern. It shall act as a collegial body for the purpose of promoting unity and cohesion of the national intelligence community as well as for prescribing policy guidelines and directives to various national government units, agencies and offices engaged in activities involving national intelligence. Membership. The NIC, to be chaired by the DG, NICA, shall have the following as members: the Undersecretary for Policy, Department of Foreign Affairs; the Director, National Bureau of Investigation; the Commissioner, Bureau of Customs; the Commissioner, Bureau of Immigration; the Deputy Chief of Staff for Intelligence, J2, Armed Forces of the Philippines; the Director for Intelligence, Philippine National Police; and the Commanding Officer, Presidential Security Group. The DG, NICA may designate resource persons who shall be invited to participate in the NIC meetings as the need arises. Standing Committees. The NIC shall create inter-agency standing committees that will be tasked to prepare national intelligence reports, assessments and plans for its approval and dissemination. These committees shall also ensure that appropriate inputs are received from other agencies which have allocated intelligence tasks. Secretariat. The NIC shall have a Secretariat responsible for all technical and administrative matters affecting the Committee. The Director, Office for Policies, Plans and Programs of the NICA shall supervise the NIC Secretariat. Regional Intelligence Committees. The NIC shall be assisted by the Regional Intelligence Committees (RICs) in all regions of the country. In consonance with appropriate guidelines from the NIC, the RICs shall direct and coordinate intelligence efforts of the Government at the regional and local levels to ensure efficient and effective coverage of all threats to national security. For this purpose, the RICs shall coordinate the efforts of all government intelligence units and agencies at the regional and local levels to ensure the integration and fusion of all information of national intelligence concern gathered at these levels. Each RIC shall be chaired by the Director of the NICA Regional Office and shall have as members the regional counterparts of the NIC members. The RICs shall periodically submit to the NIC reports on their accomplishments, special intelligence reports and other intelligence concerns thru the DG, NICA, furnishing the concerned Area CTICs copies thereof. Reportorial Requirements. Likewise, as Chairman of the NIC, the DG, NICA shall prescribe the Committee's reportorial requirements, including the system for integrating at the national level the various reports generated by the civilian, police and military intelligence agencies at the regional and local levels. Source Control System. The NIC shall establish a source control system to cover all intelligence gaps, preclude and eliminate intelligence peddling and deter the unrestricted dissemination of misleading information. Security Clearance. The NIC shall prescribe and promulgate a national security clearance system for the government service.ℒαwρhi৷ Section 3. Counter-Terrorism Intelligence Center. — The Counter Terrorism Intelligence Center (CTIC) shall be institutionalized as a multi-agency body under the direction and control of the DG, NICA tasked with the mission of providing over-all coordination in the conduct of intelligence operations to facilitate gathering, processing, disseminating and sharing of intelligence on terrorism, especially on international terrorism. There shall likewise be established Area Counter-Terrorism Intelligence Centers (Area CTICs) in the various area unified commands of the AFP that shall be tasked principally to capture and fuse at the operational and tactical levels the intelligence outputs, with emphasis on domestic and international terrorism, of all intelligence agencies — civil, military and police — in their respective areas of operations. Section 4. Foreign Intelligence Organizations and Intelligence Sharing. — The DG, NICA shall establish and strengthen liaison work between the Agency and its foreign counterpart intelligence and security organizations/services. He shall designate the points of contact of these foreign counterpart intelligence organizations within the Intelligence Community and other government Departments/Agencies. For this purpose, he shall also be the approving authority for the grant of official accreditation of these foreign counterpart intelligence organizations with the police, military or other intelligence units of the government. He shall also review the working arrangements of local intelligence organizations and agencies with foreign intelligence organizations in order to maximize the country's benefit from a more manageable and effective intelligence sharing system. Foreign Liaison Program. The NICA shall coordinate its Foreign Liaison Program with the Armed Forces of the Philippines, the Philippine National Police, the Department of Foreign Affairs and other agencies regularly posting representatives overseas, i.e., the Department of Trade and Industry, the Department of Tourism and the Department of Labor and Employment, to rationalize the deployment of NICA liaison officers in priority states. Section 5. Relationship with the NSA/NSC/NIB. — The NICA and the NIC shall provide support services to the National Security Adviser/the National Security Council and the National Intelligence Board. The NIC shall act as the principal arm of the Board for purposes of providing direction and control of intelligence operations and activities of NIB members, departments, agencies and offices. The NICA shall remain under the administrative supervision of the National Security Adviser, as provided for in E.O. 69, s. of 2002. Section 6. Funding. — The requirements for additional funding for the expanded responsibilities and tasks of the Agency shall be sourced from the Office of the President for the current year and included in succeeding appropriations of the Agency. Section 7. Repealing Clause. — All executive orders (except E.O. 246, s. of 1987) and other presidential issuances, or part thereof relating to activities of national intelligence concern that are inconsistent with the provisions of this Administrative Order are hereby deemed repealed or modified accordingly. Section 8. Effectivity. — This Administrative Order shall take effect immediately. Adopted: 08 April 2003 By the President: (SGD.) ALBERTO G. ROMULO Executive Secretary The Lawphil Project - Arellano Law Foundation