Monday, June 16, 2008

Mexico’s Foreign Ministry to Share Data and Intelligence

By Barnard R. Thompson

In late May, 2008, the Mexican government promulgated a new accord between the Interior Ministry (Gobernación, or SEGOB) and the Foreign Affairs Ministry (SRE) regarding information gathering, data collection and intelligence sharing, one that on the surface appears to be fairly routine.  Excepting that by definition and mandate the SRE's work is largely extraterritorial.

As to intent, the May 27 published agreement states that it is designed to better involve the Foreign Ministry in efforts and activities of the National Network of National Security Information.  This information network, to a degree at least, comes under the jurisdiction of Mexico's primary intelligence agency, the National Investigation and Security Center (CISEN), which in turn is part of the SEGOB.

One clause, which speaks to the very nature of national security through betterment of the National Network of National Security Information, requires collaboration and the sharing of data bases between the SEGOB and SRE and their subsidiary agencies.

Another states that the establishment of data base and information sharing mechanisms between these ministries will support the development of intelligence and counterintelligence activities.  This by providing data that in turn will allow member agencies of the National Security Council to investigate security threats in a timely manner.

And it goes on to list 12 potential threats to Mexico’s national security.

a.   Acts designed to carry out espionage, sabotage, terrorism, rebellion, treason, [and/or] genocide against the United Mexican States within Mexico;

b.  Acts of foreign interference in national affairs that could affect the Mexican State;

c.   Acts that keep officials from acting against organized crime;

d.  Acts seeking to break up the unity of the integral parts of the Federation, as indicated in Article 43 of the Mexican Constitution;

e.   Acts designed to hinder or block military or naval operations against organized crime;

f.   Acts against aviation security;

g.  Criminal acts against diplomats;

h.   All acts of illegal trafficking in nuclear materials, [as well as] chemical, biological and conventional weapons of mass destruction;

i.    Illegal acts against marine navigation;

j.    All acts of financing terrorist actions and organizations;

k.   Acts intended to hinder or block intelligence and counterintelligence activities; and

l.    Acts to disable or destroy the infrastructure that is strategic or indispensible in order to supply public goods or services.

Obviously, according to the listed threats the published pact deals largely with domestic areas of involvement, and certainly it is oriented to further fight organized crime and drug cartels operating in Mexico.

While not direct, under its Conditions section the accord suggests foreign information gathering will also be a significant task for the SRE.  As per the Fourth clause, “… the SRE will participate in the integration and functioning of coordination systems and mechanisms that the National Security Council may agree to, and in the implementation of operational strategic intelligence, security and protection plans in order to attend to risks and threats to national security, in compliance with the law, its regulatory requirements and others that may be applicable.”

Earlier the accord notes that the SRE, through Mexico’s diplomatic and consular offices abroad, is empowered to supervise, authorize and regulate the issuance of official identification documents, travel permits and a variety of other legal authorizations for both Mexicans and foreign nationals.  As such, it mandates that the SRE’s General Directorate of Protection and Consular Affairs will be the liaison with the SEGOB and its National Migration Institute on protection and migration matters.  Furthermore, this General Directorate will “collect, analyze and systematize information that allows the design of protection policies and their use in the planning and instrumentation of Mexico’s migratory policy.”

The SRE’s General Directorate of Legal Affairs will oversee and work on issues related to nationality and naturalization; extradition; and legal assistance requests from foreign and Mexican officials.  As well, it has responsibility regarding some matters in the business incorporation process; and over certain requisites in permit procedures for real estate trusts (fideicomisos) in Mexico’s “restricted zone” (100 kilometers [62 miles] from international borders, and 50 kilometers [31 miles] inland from the coastlines).

“In order to implement the National Network of National Security Information, the SRE commits to sharing among other [things] data bases and information systems related to systems of nationality and naturalization, the issuance of passports, visas, entry authorizations, and other legal and protection acts [that are] of consular offices’ responsibility, as well as to grant needed cooperation so that the National Investigation and Security Center will have the technical possibility to directly access the SRE’s information banks.”  This according to the Third clause in the Conditions section.

The Sixth clause concludes: “(The data base information) … can only be collected, compiled, processed and disseminated for national security purposes.”  This in accordance with the applicable law, while too needing to comply with the principles of confidentiality found in the Federal Transparency and Access to Public Governmental Information Law, the agreement states.

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Barnard Thompson, editor of MexiData.info, has spent 50 years in Mexico and Latin America, providing multinational clients with actionable intelligence; country and political risk reporting and analysis; and business, lobbying, and problem resolution services.