Annual Report 2006-2007 - An Operational Review of CSIS Activities

Section 2: CSIS accountability mechanisms

B. Foreign and domestic arrangements

Sections 13 and 17 of the CSIS Act allow CSIS to enter into arrangements with foreign and domestic organizations or agencies in order to perform its duties and functions. SIRC receives copies of these arrangements as they are initiated, and examines a selection of them every year.

Arrangements with Domestic Agencies

CSIS often collaborates with federal departments and agencies, provincial governments and law enforcement agencies. Since 9/11, more groups have been involved in national security, including police forces and other government partners. This creates a challenge for the Service, as it must cultivate and maintain healthy relationships with both new and existing partners to ensure that information is exchanged efficiently and that joint operations are conducted effectively.

Although many domestic arrangements take the form of a Memorandum of Understanding (MOU), CSIS may collaborate with any domestic agency whether or not an MOU is in place. As of March 31, 2007, CSIS had 35 MOUs with domestic partners: 19 with federal departments or agencies and 16 with provincial and municipal entities.

In September 2006, the Service updated its MOU with the RCMP. The updated MOU reflects new mechanisms of cooperation and consultation between the two organizations. The MOU also outlines the implementation of a national counterterrorism strategy to facilitate CSIS-RCMP cooperation and coordination. It establishes counter-terrorism threat overview and investigative priorities common to both organizations, as well as developing joint training programs.

Arrangements with Foreign Agencies

As of March 31, 2007, CSIS had 271 foreign arrangements with agencies in 147 countries. New foreign arrangements require the approval of the Minister of Public Safety, in consultation with the Minister of Foreign Affairs. Even without such an arrangement, CSIS can still accept unsolicited information from an agency or organization of a foreign country. The Minister approved seven new arrangements in 2006–07, and expanded six existing ones.

On occasion, the Service must alter foreign arrangements—to accommodate a change in the foreign partner¹², to reactivate a dormant relationship, or to place an arrangement into dormancy. Eight arrangements were altered during the year under review. Another eight were restricted.

The Director of CSIS has the discretion to approve the expansion or alteration of a foreign arrangement without Ministerial approval. These remain subject to any Ministerial caveats or instructions that may have been imposed when the initial arrangement was approved.

SIRC reviews all new, enhanced or modified foreign arrangements, as provided under Section 38(a)(iii) of the CSIS Act. To do so, it examines whether:

• CSIS foreign arrangements were in accordance with the conditions set out in the CSIS Act, Ministerial Direction and operational policy;
• approvals from the Minister of Public Safety and the Director of CSIS were in place when the Service began exchanging information;
• the human rights record of the foreign agency's host country was considered; and
• the most recent arrangement profile met CSIS guidelines.

In 2006–07, SIRC reviewed 19 foreign arrangements with agencies in 14 countries. SIRC found that all foreign arrangements were in accordance with the CSIS Act, Ministerial Direction and operational policies.

SIRC also found that the Service had informed itself of the human rights situation in all the countries and agencies in question. Moreover, the Service had proceeded cautiously with exchanges of information involving countries with questionable human rights records.

SIRC also observed an improvement in the timely submission of arrangement profiles. All of the profiles reviewed by SIRC reflected the current security, human rights and political environment of the countries and agencies in question.