President Laura Fernández officially declared a "State Secret" on information related to the National Intelligence and Security Directorate (DIS), the government coordination group Elite Force, the National Public Security Council, and other entities responsible for the country's security and defense.
The decision was established through Decree No. 45870, signed on July 27 and published this Monday in the official gazette La Gaceta, with the aim of restricting public access to documents, reports, budgets, contracts, files, and other information considered strategic for state actions in the fight against organized crime.
The provision also includes all documentation related to the coordination efforts led by the Presidency of the Republic concerning state security and defense, including regulations for the protection of high-ranking officials and dignitaries of the Executive Power.
The decree extends the scope of the reserve to sessions, meetings, recordings, agreements, logs, presentations, operational plans, and intelligence mechanisms, as well as information related to police capabilities, intervention protocols, command structures, technological resources, and strategies used to confront criminal organizations.
Furthermore, the declaration incorporates administrative files of public procurement, from preliminary studies and requirements to...
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President Laura Fernández signed Decree No. 45870, which declares various information related to national security as a "State Secret." Credit: Video capture from the Presidency of the Republic. President Laura Fernández formalized the declaration of "State Secret" regarding information related to the Directorate of Intelligence and National Security (DIS), the government coordination group Elite Force, the National Public Security Council, and other entities responsible for the country's security and defense. The decision was established through Decree No. 45870, signed on July 27 and published this Monday in the official gazette La Gaceta, with the aim of restricting public access to documents, reports, budgets, contracts, files, and other information considered strategic for the actions of the State in the fight against organized crime. The provision also includes all documentation related to the coordination efforts led by the Presidency of the Republic in matters of security and defense of the State, including regulations for the protection of high-ranking officials and dignitaries of the Executive Power. The decree extends the scope of the confidentiality to sessions, meetings, recordings, agreements, logs, presentations, operational plans, and intelligence mechanisms, as well as information related to police capabilities, intervention protocols, command structures, technological resources, and strategies used to confront criminal organizations. Additionally, the declaration includes administrative files of public contracting, from preliminary studies and technical requirements to bids, awards, contracts, sources of funding, and stages of contractual execution related to these agencies. The Elite Force meets weekly with government officials and senior police commanders to coordinate actions against drug trafficking and organized crime. Credit: Presidency of the Republic. The protection of this information will be maintained regardless of whether the contracts are made with public institutions, private companies, national consortia, or foreign companies, as established in the decree. According to the official justification, the measure responds to the increase in threats linked to drug trafficking, money laundering, human trafficking, hitmen, and organized crime—phenomena that, according to the Government, require strategic planning based on intelligence and inter-institutional coordination. The document states that "the State of Costa Rica faces the need to combat increasingly complex and organized criminal structures through strategic planning based on intelligence, operational coordination, and timely decision-making, forcing it to react quickly and efficiently to situations that threaten social peace and the well-being of the population." Furthermore, the Executive argues that the disclosure of sensitive information could allow criminal groups to identify institutional vulnerabilities, anticipate police operations, evade controls, and compromise the effectiveness of security strategies, as well as endanger the integrity of public officials, police officers, and their families. The decision also formalizes an absolute confidentiality obligation for all individuals participating in these coordination efforts. The decree states that the obligation applies to officials, members of various police forces, support staff, technical advisors, legal advisors, and any public official who participates permanently or occasionally in tasks related to national security. The provision establishes that officials, advisors, and contractors must maintain indefinite confidentiality, even after their relationship with the State ends. Credit: Presidency of the Republic. Additionally, external consultants, advisors, and private contractors providing technical or professional services must sign a mandatory clause submitting to the "State Secret," as a requirement to collaborate with the involved institutions. One of the highlights of the regulation is that the confidentiality obligation will be indefinite, remaining in effect even after the employment, contractual, or advisory relationship with the State ends. The decree warns that failure to comply with this obligation could lead to administrative procedures, in addition to criminal sanctions provided for the crime of breach of State secrets under Costa Rican legislation. In the case of private contractors, the disclosure of protected information could also result in immediate termination of the contract without liability for the Administration. The declaration also covers the operation of the Elite Force, a group that meets weekly with President Laura Fernández, the Ministers of Public Security and Justice and Peace, the director of DIS, the directors of the various police forces of the Executive Power, and other officials responsible for coordinating actions against drug trafficking and organized crime. Since the decree came into effect, all information discussed in these meetings, as well as agreements, strategies, action plans, and generated documents, will be protected under the category of "State Secret," restricting public access as part of the government strategy to safeguard national security operations.