On Trust Group

LAW OF GEORGIA

ON THE TRUST GROUP

Article 1

For the purposes of exercising budgetary control over the special programmes and secret activities of the executive authorities of Georgia, as well as for the purposes of exercising the control referred to in Article 6¹ of this Law, a Trust Group shall be established within the Defence and Security Committee of the Parliament of Georgia, which, as a rule, shall be composed of the members of the Committee.

Law of Georgia No 1821 of 3 December 2002 - LHG I, No 32, 20.12.2002, Art. 159

Law of Georgia No 361 of 10 August 2004 - LHG I, No 23, 24.8.2004, Art. 115

Law of Georgia No 487 of 22 March 2017 – website, 27.3.2017

Article 2

The Trust Group shall consist of five members, one of whom is the chairperson of the Defence and Security Committee of the Parliament of Georgia, one of whom is a member of the parliamentary majority, one of whom is an MP supported by the most number of MPs who have been elected through the majoritarian system, one of whom is a member of the parliamentary minority, and one of whom is an MP supported by the most number of MPs remaining outside the parliamentary majority and minority.

Law of Georgia No 1407 of 14 May 2002 - LHG I, No 15, 3.6.2002, Art. 57

Law of Georgia No 1623 of 4 July 2002 - LHG I, No 23, 24.7.002, Art. 111

Law of Georgia No 1821 of 3 December 2002 - LHG I, No 32, 20.12.2002, Art. 159

Law of Georgia No 361 of 10 August 2004 - LHG I, No 23, 24.8.2004, Art. 115

Law of Georgia No 260 of 12 September 2008 - LHG I, No 20, 30.9.2008, Art. 148

Law of Georgia No 1983 of 6 February 2014 - website, 19.2.2014

Article 3

1. Before being presented to the Parliament of Georgia, a person nominated to be a member of the Trust Group shall pass a test for obtaining access to state secrets as provided for by the Law of Georgia on State Secrets.

2. Subjects defined by Article 2 of this Law shall present the persons nominated to be members of the Trust Group to the Parliament of Georgia. The members of the parliamentary majority and minority shall be nominated to be members of the Trust Group by the leaders of the parliamentary majority and minority, and the decisions on the nomination of persons to be nominated by agreement of the MPs elected through the majoritarian system, and by agreement of the MPs remaining outside the parliamentary majority and minority, shall be signed by the MPs who have given their consent with regard to their nomination.

3. An MP elected through the majoritarian system, through the quota of MPs elected through the majoritarian system, and an MP remaining outside the parliamentary majority and minority, through the quota of MPs remaining outside the parliamentary majority and minority, may sign a decision on the nomination of a person.

4. The Parliament of Georgia shall note the composition of the Trust Group, which shall be included in the protocol.

Law of Georgia No 1983 of 6 February 2014 - website, 19.2.2014

Article 4

1. The chairperson of the Trust group shall be the chairperson of the Defence and Security Committee of the Parliament of Georgia.

2. (Deleted - 6.2.2014, No 1983).

3. The rights and obligations of the members of the Trust Group shall be defined by this Law.

Law of Georgia No 263 of 12 September 2008 - LHG I, No 19,19.9.2008, Art. 146

Law of Georgia No 1983 of 6 February 2014 - website, 19.2.2014

Article 5

A matter to be reviewed by the Parliament of Georgia which, in accordance with this Law, falls within the competence of the Trust Group, shall require an opinion of the Trust Group.

Article 6

1. The executive authorities of Georgia which carry out activities provided for by Article 1 of this Law shall present to the Trust Group, at least once a year, reports on activities carried out, and on current activities.

2. The executive authorities of Georgia which carry out activities provided for by Article 1 of this Law shall, at the request of, and within the term established by, the Trust Group, present to the latter materials necessary for the study of matters falling within the competence of the Trust Group.

3. The Ministry of Defence of Georgia shall submit to the Trust Group information on any secret public procurement to be made, if the estimated value of goods or services to be procured exceeds GEL 2000000 (two million), or the estimated value of construction works to be procured exceeds GEL 4000000 (four million).

4. The Ministry of Internal Affairs of Georgia shall submit to the Trust Group detailed information on secret public procurements to be made, provided that the estimated value of goods or services to be procured exceeds GEL 2000000 (two million), and the estimated value of construction works to be procured exceeds GEL 4000000 (four million). Moreover, the Ministry of Internal Affairs of Georgia shall submit to the Trust Group, at least once a year, a report on current secret activities and those that have been already carried out in relation to public procurement.

Law of Georgia No 722 of 12 June 2013 – website, 3.7.2013

Law of Georgia No 4708 of 23 December 2015 - website, 29.12.2015

Article 6¹

1. A legal entity under public law called the Operative-Technical Agency of Georgia (‘the Agency’) shall present to the Trust Group, on an annual basis, a statistical and generalised report on the activities carried out by the Agency.

2. The Trust Group shall be entitled to make a decision on the inspection of activities of the Agency, and shall carry out such inspection no more than twice a year. For the purposes of the inspection of the activities of the Agency, a member of the Trust Group shall be elected by the Trust Group as provided for by law.

3. The Trust Group shall be entitled to submit to the Agency recommendations with regard to improving the activities of the Agency.

4. The Trust Group shall file an application with an investigation body if there have been any elements of crime identified during the inspection of activities of the Agency, and shall append all available materials to the application.

Law of Georgia No 487 of 22 March 2017 – website, 27.3.2017

Article 7

During the review of the state budget of Georgia, the Trust Group shall submit to the Budget and Finance Committee of the Parliament of Georgia its opinions on matters falling within its competence, with regard to special programmes, and funds that are envisaged for such programmes in the state budget.

Article 8

If based on the submitted secret information the Trust Group deems that a relevant body of the executive authority of Georgia, or a manager thereof, has contravened the legislation of Georgia, it shall apply in writing to the Prime Minister of Georgia with a request to remove the status of information classified as a state secret.

Law of Georgia No 1238 of 20 September 2013 - website, 8.10.2013 .

Article 9

If the Trust Group deems that, within the scope of its competence under Article 1 of this Law, the activities of relevant bodies of the executive authority of Georgia pose a threat to public safety, or the manager of the relevant body of the executive authority of Georgia abuses his/her powers, the Trust Group, in accordance with the Rules of Procedure of the Parliament of Georgia, shall make a recommendation before the Parliament of Georgia on the creation of an investigative commission.

Article 10

1. The sessions of the Trust Group shall be held twice a year or, as necessary, at the suggestion of any member of the Trust Group, if the majority of the members of the Trust Group support the holding of such session.

2. The sessions of the Trust Group shall be closed.

3. By a decision of the Trust Group, a session may be attended by a representative of a relevant body of the executive authority of Georgia, or by other persons.

4. The Trust Group shall make decisions by a majority of votes.

Law of Georgia No 263 of 12 September 2008 - LHG I, No 19, 19.9.2008, Art. 146

Article 11

1. To ensure the activities of the Trust Group a staff of the Trust Group shall be created, which represents the standing structural unit of the Staff of Parliament subordinated to the Trust Group.

2. (Deleted - 6.2.2014, No 1983).

3. Employees of the staff of the Trust Group shall participate in ensuring the exercise of the authority of the Trust Group defined by this Law, and in preparing relevant decisions and opinions.

4. The number of the staffing positions of the staff of the Trust Group shall be approved by the chairperson of Parliament on the recommendation of the chairperson of the Trust Group, and in agreement with the Head of the Staff of Parliament.

5. The employees of the staff of the Trust Group shall pass a special examination before being appointed to the positions of the staff of the Trust Group in the manner established by the Law of Georgia on State Secrets.

6. The employees of the staff of the Trust Group shall be appointed to and may be dismissed from a position by the Head of the Staff of the Parliament of Georgia, on the recommendation of the chairperson of the Trust Group, in the manner established by the Law of Georgia on Public Service.

Law of Georgia No 361 of 10 August 2004 - LHG I, No 23, 24.8.2004, Art. 115

Law of Georgia No 263 of 12 September 2008 - LHG I, No 19, 19.9.2008, Art. 146

Law of Georgia No 1983 of 6 February 2014 - website, 19.2.2014

Article 12 (Deleted)

Law of Georgia No 361 of 10 August 2004 - LHG I, No 23, 24.8.2004, Art. 115

Article 13

The members of the Trust Group and the employees of its staff shall bear responsibility in the case of the disclosure of a state secret as provided for by the legislation of Georgia.

Law of Georgia No 361 of 10 August 2004 - LHG I, No 23, 24.8.2004, Art. 115

Article 14

This Law shall enter into force upon its promulgation.

President of Georgia                                                                                       Eduard Shevardnadze

Tbilisi

4 March 1998

No 1270-II ს