Indpendent Agencies Report - Alb, Ser, Eng.pdf - QKSS

writing, a confidential report identifying the classified information and providing a justification why
such information was omitted from the published report. 391
Relevant Security Sector Legislation
7. Kosovo Intelligence Agency
The Kosovo Intelligence Agency (KIA) is established as an agency funded by the Kosovo Consolidated
Budget and operates under the authority of the Prime Minister and the President of Kosovo. 392 It is
subject to audits of the Auditor-General. The KIA Director is responsible for the lawful expenditure of
funds granted to KIA. 393 Only in exceptional circumstances is he authorized to spend funds outside of
the provisions of the law related to the expenditure of government funds. 394 Such exceptional
circumstances are not clearly defined and the term itself is so vague that it potentially allows for abuse
of such authority. The only control mechanism is the Prime Minister to whom the KIA Director has to
submit an oral report immediately and a written report within 48 hours following the expenditure
justifying the reasons for it. 395
The KIA Inspector-General is responsible for providing an internal control function within KIA,
including the review of activities of KIA and financial audits of its activities. 396 While the audit reports of
the Inspector-General have to be submitted to both the Prime Minister and the KIA Director, the
Inspector-General may recommend corrective actions only to the KIA Director and then monitor the
progress made by the KIA Director on these proposed corrective actions. 397
However, the KIA Director may prohibit the Inspector-General from initiating, carrying out or
completing an inspection or audit if the KIA Director determines that this would be necessary to protect
vital security interests of Kosovo. 398 This again might be again interpreted as a broad and vague
provision, granting the KIA Director enormous discretion. In an institution, whose primary
391 Ibid, Article 4.10.
392 Law on the Kosovo Intelligence Agency, Articles 1.6 and 5.
393 Ibid, , Article 41.1.
394 Article 42.1
395 Article 42.2
396 Article 10.4
397 Article 10.3
398 Article 10.6
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