Examination Security

Section 123 of the Business and Professions Code provides that it is a misdemeanor for any person to engage in conduct which subverts or attempts to subvert any licensing examination or the administration of an examination.

Section 496 of the Business and Professions Code provides that a board may deny, suspend, revoke, or restrict the license of an applicant or licensee who subverts or attempts to subvert a licensing examination. In addition to any other penalties, a person found guilty of violating Section 123 shall be liable for the actual damages sustained by the agency administering the examination not to exceed ten thousand dollars ($10,000) and the costs of litigation. Conduct that may violate the security of an examination is explicitly identified, and it includes but is not limited to:

• Removing examination material from a test site without authorization.
• Reproducing examination material without authorization.
• Using paid test takers for the purpose of reconstructing an examination.
• Using improperly obtained test questions to prepare persons for examination.
• Selling, distributing, or buying examination material.
• Cheating during an examination.
• Possessing unauthorized equipment or information during an examination.
• Impersonating an examinee or having an impersonator take an examination.

This law and its sanctions can be invoked without a criminal proceeding. Upon application by a board, a superior court may issue an injunction or restraining order to prevent an action or actions that would compromise examination security.

Free (Entry Level) Sun Certified Java Associate (SCJA) Certification Exam from Sun Microsystems

Sun Certified Security Administrator for Solaris 10 OS (311-303)
If you are an expert security administrator, this is your golden opportunity to get certified for free by taking Solaris 10 Sun Certified Security Administrator exam. Sun beta exams count towards official Security Certification.

The Sun Certified Security Administrator for the Solaris 10 Operating System exam is for test candidates with extensive job-role experience administering security in a Solaris Operating System (Solaris 10 or OpenSolaris) environment. Sun Certification recommends that candidates attend the course: SC-301-S10: Personalizing Security on the Solaris 10 Operating System and have previous Solaris OS system and network administration certification. This exam presumes the test candidate has an in-depth knowledge of UNIX and Solaris OS features. The exam includes multiple-choice, scenario-based questions and drag-and-drop questions and requires extensive knowledge of Solaris OS security administration topics including: general security principles and features, hardening and minimization, principles of least privilege, cryptographic features, Kerberos, user account and password security, network security, auditing and zone security.

Recommended prerequisites
Twelve months job experience administering security in a Solaris Operating System and previous Solaris OS system and network administration .

Dates
Start date: July 17, 2006
End date: July 28, 2006

How to register
To register for the Sun Microsystems Sun Certified Security Administrator exam, starting on July 3, 2006, you may register online and follow the prompts. Or, you may register by phone, by calling your regional Prometric

Libraries and National Security Law: An Examination of the USA Patriot Act

In the wake of the attacks on the World Trade Center and Pentagon on September 11, 2001, legislation entitled Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (known by it's acronym, the USA PATRIOT Act) was passed by Congress. Nearly as soon as the PATRIOT ACT was passed, people expressed concern over some of its provisions. This paper examines the PATRIOT Act, both in light of its historical predecessors in the field of national security law, as well as in its effects upon libraries. This paper examines some of the national security statutes which have impacted libraries and library-related concerns over the years. Though the PATRIOT Act follows a well-established historical path in terms of the activities it seeks to regulate, it deviates in critical ways that call into question its constitutional validity. This paper analyzes the PATRIOT Act in terms of its ramifications in the areas of free speech and free expression, and will conclude with an examination of the measures that libraries, Congress, and library sympathetic nonprofits are taking as a result of the PATRIOT Act.

Keywords: National Security, Libraries, Right of Privacy, American Civil Liberties Union, Patriot Act, USA Patriot Act of 2001, Smith Act of 1940, Internal Security Act of 1950, McCarran Act, Section 215, Counter Intelligence Program, COINTELPRO, National Security, FISA Court

JEL Classifications: K30, K40, K42, H56, K49, Z00

Accepted Paper Series

Social Security Consultative Examinations

Here are some common questions I hear when Social Security schedules an evaluation/examination with one of their doctors:

Do I have to attend the consultative examination?

Since you are applying for Social Security benefits, you have a duty to assist Social Security in obtaining the information it needs to evaluate your case. This includes going to evaluations/examination that Social Security may schedule for you. So, the general answer is “yes,” you do need to go the examination.

Of course Social Security cannot make you attend a consultative examination. But if you do not attend, your case may be denied, or even dismissed.

What if I cannot attend the consultative examination?

If you cannot attend, contact Social Security right away. However, do not just contact any Social Security office. The notice your should have received when Social Security scheduled the consultative examination should provide the name and telephone number of your case worker. In Colorado, the consultative examination is usually scheduled through Disability Determination Services (so do not let that name throw you, it is the Colorado agency that performs the initial development, evaluation and determination of your Social Security case). So, even though the letter may say, “Disability Determination Services,” it is still for your Social Security case.

Let the case worker know that you cannot attend the examination and the reasons why you cannot attend.

TIP: keep a log of any telephone calls between yourself and Social Security, including date, time, who you speak to and a summary of the conversation.

WATCH OUT: I have seen several cases where an individual called Disability Determination Services and cancelled an evaluation only to receive a denial a short time later because they “did not keep the scheduled evaluation.” Unfortunately, your only recourse is to appeal the denial.

However, keep in mind that if Social Security denies you for missing an evaluation they schedule, it is a safe bet that the judge will ask you why you missed the consultative examination when your case goes to hearing. This is where your log showing your communication with Social Security can come in handy.

If you have kept a log of your communication with Social Security regarding the cancellation of your consultative examination, you have a better chance of convincing the judge that it was not your fault and that it was Disability Determination Services that made the mistake.

Secrets of the Social Security Consultative Examination

Has Social Security sent you to a doctor for an examination?

Here are some things you should know when going to a consultative examination:

• The examination begins earlier than you think. You are observed from the moment you enter the office. The observation continues in the waiting area and you may even be observed when you walk back to your car. Your behavior may then become part of the doctor’s report to Social Security.
• The examination may include how you walk from the waiting area to the examination room and your ability to climb on and off of the examination table.

In my experience, the chances of a Social Security consultative examination proving that you are disabled are quite low. Normally, they mostly bolster Social Security’s denial of your claim. However, you can take that statement with a grain of salt. Most consultative examinations take place BEFORE the initial decision and individuals usually only contact an attorney AFTER they are denied. So, I do not see the case where the consultative examination was helpful, because those people do not need an attorney since they have already been approved.

Shootings Prompt Examination of Campus Security

The shootings at Virginia Tech have colleges and universities reexamining security on campus. Making announcements over a loudspeaker seems primitive in a world of cell phones and text messages.

Virginia Tech Security Alert System Questioned

School officials at Virginia Tech have been criticized for waiting two hours before alerting students and faculty to the initial shooting that took place on the campus Monday.

Some students say they would have thought twice about going to classes if they had been warned after the initial shooting, and that lives could have been saved.

Virginia Tech President Charles Steger has stressed repeatedly the difficulties involved in the situation.

Steger has said that with 26,000 students, many of them living away from the 2,600-acre campus, officials would have had a difficult time reaching everyone or calling a "lockdown." After the first shooting at 7:15 a.m., thousands of staff and students already were streaming onto the grounds for 8 a.m. classes. "Where do you lock them down?" Steger asked at a news conference.

Steger also said officials believed the first shooting was domestic in nature, and that they had no reason to suspect another event would occur. Tuesday during a press conference, Virginia's Secretary of Public Safety John Marshall defended the school's decisions. "President Steger and his staff made the right decisions based on the information they had," Marshall said.

But Katherine Andriole, of the not-for-profit group Security on Campus, Inc., along with a growing group of others, thinks students and staff should have been given more information earlier. Andriole says a text messaging alert system that some colleges have already adopted would have been a good way to reach a large number of students and faculty.

"It's practically instantaneous," Andriole said. She said the same system can send simultaneous e-mails to inboxes and instant messages.

Virginia Tech officials said they had discussions about the possibility of implementing such a system just last week during an assessment of another incident last August. In August, an escaped inmate had allegedly shot someone and fled to the campus area, prompting the cancellation of the first day of classes.

The killings at Virginia Tech have highlighted the issue of safety on campus colleges. The campuses of public colleges are, as a rule, open to the public. But increasing security measures at dorms has become more common in recent decades.

Analysts, though, have said it is impossible to completely prevent such tragedies.

"If somebody wants to commit an act of crime or violence, our campuses are very open all across this country," Dr. Ronald Stephens, head of the National School Safety Center, told CBS. He noted that after the shootings at Columbine High School in Littleton, Colo., some high schools added fences for security, but that this measure not feasible for much larger institutions.

Andriole's Security on Campus was formed in 1987 by the father of a girl raped and murdered in her dorm room at Lehigh University. The man walked through a series of doors that had been propped open. Security experts say many universities now have staff checking those entering during certain hours, or use a machine to swipe a campus ID. But these measures would not prevent a legitimate student like Cho from entering.

More and more colleges are also choosing to inquire about the criminal backgrounds of incoming students, Andriole said. There is no such requirement by law at this point but some campuses have decided the cost is too high not to check, she said.

Such a check, however, may not have caused a red flag for Virginia Tech gunman Seung-hui Cho.

The criticisms leveled at the school's administration and police will be part of an "after-action" review requested by Virginia Tech officials. They've asked Virginia Governor Tim Kaine to appoint a team of experts to review every aspect of the school's response.

Consultative Examination for Social Security Disability - How Important is It?

According to the blue book (this is a the book that disability examiners use to determine if an individual meets the criteria for disability) a consultative examination is an examination that embodies all of the elements of a complete examination in the medical specialty that addresses your specific disabling condition. The disability blue book goes on to state that a consultative examination report should contain the person's medical history and primary medical problems, a description and history of the person's primary complaint, and the physician's findings based upon laboratory tests and the examination.

As a former Social Security disability examiner, I would advise any individual who is thinking about filing for Social Security disability to make sure that they have a current medical treatment history, if at all possible.

Consultative examinations are a one-time examination, and contrary to what many claimants assume, most consultative physicians are not specialists in the medical specialty that addresses your impairment or impairments. For example, recently, I read an article in a local newspaper article regarding problems in the Social Security disability process. The article related a story about a gentleman with a significant back problem being sent to a gynecologist for his consultative examination. As an examiner, I actually saw this done a number of times.

In theory, disability claimants should be examined by a physician who specializes in the medical specialty of their medical impairment, i.e. being seen by an orthopedist if you have a musculoskeletal problem or by a respiratory specialist if you have COPD. However, in the “real world” this has proven to be impractical if not impossible.

Generally, disabled individuals have problems even going to examinations that are far from their homes for a variety of reasons, including their medical conditions and problems with transportation.

Social Security has a stated goal of sending disability claimants to medical professionals who are in their area. But let's be realistic, sometimes there are no specialists for them to see in their immediate area.

So now, why did I state that you should try to establish your medical treatment history prior to filing for disability?

As you can see, most individuals who attend consultative examinations do not see physicians who specialize in their specific medical problems. In fact, very often individuals have consultative examinations with physicians who have little or no experience dealing with their particular medical impairments. Consequently---if you have no medical treatment history, or a limited medical treatment history for your condition (or conditions), the disability decision you receive may be based on a hurried one-time examination, as opposed to the notes of a physician who is familiar with your medical conditions and limitations.

THE CONSULTATIVE EXAMINATION AKA SOCIAL SECURITY MEDICAL EXAM

Social Security Disability Definitions

This information may help claimants with representation, as well as claimants who are not represented by an attorney or non attorney representative. Understanding how the Social Security Disability system works can make the difference between winning or not winning the continuing disability benefits and backpay to which a person is entitled. To win a claim for ongoing and past due benefits, claimants should learn about the disability process to improve their chances of winning.

Consultative Examinations are medical examinations that social security disability and ssi claimants are sometimes sent to in the course of processing a claim for disability benefits. Contrary to a fairly common misunderstanding, "social security medical examinations" are not conducted by "SSD doctors". In fact, in this sense, there is no such thing as an SSD doctor, though there are DDS unit physicians who assist DDS disability examiners in their decision making duties. The doctors who perform consultative examinations for the social security administration (which can be physical, psychiatric, or psychological in nature) are actually independent physicians who have contracted to perform such services. Who schedules medical examinations for disability cases and why? The process works like this: after a claimant files for ssi based on disability (title 16), or social security disability (title II), the case is transferred to DDS, or disability determination services, where an examiner will begin gathering records for the purpose of making a decision. In cases where a claimant's medical records are very "thin", or where a claimant has not been seen by a doctor for a considerable amount of time, a CE, or consultative exam will generally be scheduled. As stated, CE's can be mental or physical. They can also include ophtalmological exams, bloodwork, and the taking of xrays. However, whatever happens at a social security medical examination is at the discretion of the disability examiner ordering the exam. In other words, the examiner only obtains what is necessary for a decision to be made. Medical exams conducted for social security objectives are not for the purpose of delivering medical treatment. Instead, their purpose is to provide a recent snapshot of a claimant's conditions and various limitations. However, the inherent weakness of such medical examinations is fairly apparent. For one thing, a doctor who conducts a CE has typically never seen a claimant. And though DDS examiners often send a portion of a claimant's medical records to the physician who will conduct the CE (to appraise the doctor of the client's medical background), this is a poor substitute for an established doctor-patient relationship and only minimally effective if the CE doctor actually reads what he or she has been sent. Additionally, social security medical exams tend to be fairly brief. In fact, it is a common complaint among claimants who have gone to such examinations that the duration of the exam was only 5-10 minutes. Though this may not be true for every CE, it is probably true for a large percentaqe of them. What does it mean for a claimant's disability case when a CE has been scheduled? It can be good or bad. First, the good. Getting an appointment letter for a social security medical examination, or CE, means, at the very least, that a claim is actively being worked on. In some cases, it may be that an examiner who is leaning toward making an approval needs to obtain additional evidence, such as an xray. However (now for the bad), a CE appointment can also mean that a claimant has very little in the way of medical records i.e. has not gone to a doctor in quite a long time, or has only been treated sporadically. In such cases, the scheduling of a consultative examination may simply be a technical necessity (examiners are required to obtain "recent" medical evidence on which to base their decisions) prior to closing a case. Claimants who receive appointment letters for social security medical examinations, though, should not be overly concerned about having to go to an exam since the reason for scheduling an exam may never be known. Claimants who are scheduled for such exams, however, should always attend them since examiners are empowered to close disability claims for "failure to cooperate". However, when a claimant misses a scheduled exam and has a valid reason for this happening, an examiner will usually allow for the examination to be rescheduled.

Regulations on Examination and Approval of Permanent Residence of Aliens in China

Approved by the State Council on 13 December, 2003 and promulgated by virtue of Decree No.74 of the Ministry of Public Security and Ministry of Foreign Affairs on 15 August, 2004)

Article 1. This set of regulations is formulated in line with the related provisions of the Law of the Peoples Republic of China on the Administration of Entry and Exit of Foreigners and its rules of implementation to standardize the examination and approval of permanent residence of foreigners in China.

Article 2. The permanent residence of foreigners in China refers to that the period of foreigners' stay in China is not limited.

Article 3. Certificate of Permanent Residence of Aliens is the legitimate identity card of aliens having obtained permanent residence in China and may be used independently.

Article 4. Aliens having obtained permanent residence in China enter and leave China on the strength of their valid passports and the Certificate of Permanent Residence of Aliens.

Article 5. Authority for handling application of aliens for permanent residence in China is the public security administration of municipal people's government having districts under its administration, and the branch public security bureau or county level public security bureau of municipalities directly under the Central Government. The authority for examining and verifying the applications filed by aliens for permanent residence in China is the public security administrations of various provinces, autonomous regions or municipalities directly under the Central Government. The authority for the examination and approval of the applications filed by aliens for permanent residence in China is the Ministry of Public Security.

Article 6. Aliens applying for permanent residence in China shall abide by Chinese laws, be healthy, have no criminal record and conform to any of the following terms and conditions:

1. having direct investment in China, stable investment in China for three years in a row, and having a sound taxation record;

2. having assumed the posts of deputy general manager or deputy director of plants or higher level posts or posts of associate professors or associate research fellows and similar posts for more than four years in a row, and the period of stay in accumulation being no shorter than three years and having sound taxation record;

3. having major and outstanding contributions to China or needed urgently by China;

4. spouses and unmarried children aged under 18 years old of persons mentioned in items 1 to 3 of this article;

5. spouses of Chinese citizens or of aliens having obtained permanent residence in China, whose marriage has lasted for five years, and who have lived in China for five years in a row, the annual stay in China being no shorter than nine months, and who have stable and secured living status and place to live;

6. unmarried children aged under 18 years old who come to China to live with their parents;

7. persons having no direct relatives abroad entering China to live with direct relatives in China, who are over 60 years old, have lived in China for five years in a row, whose annual stay in China being no shorter than nine months and have stable and secured living status and places to live.

Time period of year mentioned in this article refers to the continuous period of time prior to the day of application.

Article 7. The registered capital actually paid for investment in China by aliens mentioned in item 1 of paragraph 1 of article 6 of this set of regulations should meet any of the following terms and conditions :

1. having made investment of over USD 500,000 in industries of encouraged type as specified in the Catalogue of Industries of Foreign Investment released by the State;

2. having made total investment of over USD 500,000 in counties in the western part of the country or in counties which are major targets of poverty relief work undertaken by the State;

3. having total investment of over USD 1 million in the central part of the country;

4. having total investment of over USD 2 million in China.

Article 8. For aliens mentioned in item 2 of paragraph 1 of article 6 of this set of regulations, the units where they work should meet any of the following terms and conditions:

1. institutions subordinate to the various ministries under the State Council or to the provincial level people's governments;

2. major higher learning schools;

3. enterprises or institutions executing major engineering projects or major scientific projects of the State;

4. high-tech enterprises, foreign invested enterprises in encouraged type, foreign invested advanced technology enterprises or foreign invested export-oriented enterprises.

Article 9. Applicants should fill in the Application Form of Aliens for Permanent Residence in China according to the facts and submit the following materials:

1. valid foreign passports or identification capable of substituting passports;

2. certificate of health issued by sanitation and inspection and quarantine agencies appointed by the Chinese government or issued by foreign sanitation and medical agencies accredited by Chinese embassies or consulate offices;

3. proof of no criminal record abroad recognized by Chinese embassies or consulate offices;

4. four sets of latest two-inch front hat-free color photos;

5. other related materials specified by this set of measures.

Article 10. Persons mentioned in item 1 of paragraph 1 of article 6 of this set of measures should, at the time of filing applications, submit their certificates of approval of foreign funded enterprises, certificate of registration, proof of combined annual inspection, report of assets valuation, and proof of personal tax payment.

In case of foreign funded enterprises of encouraged type, letter of confirmation of the foreign invested projects which the State encourages should also be provided.

Article 11. Persons mentioned in item 2 of paragraph 1 of article 6 of this set of measures should submit the following materials at the time of application:

1. proof of post or title of the persons issued by the units where they work;

2. certificates of foreign experts or certificates of employment of aliens;

3. registration certificate, annual inspection proof and personal tax payment proof of the units where they work; whereas the units are foreign funded enterprises, the certificate of approval of foreign funded enterprises and proof of combined annual inspection should also be provided;

4. persons of enterprises or institutions executing major engineering projects or scientific projects of the State should provide testifying documents for the projects issued by the competent authorities of the provincial level people's governments or ministries; persons working for high-tech enterprises should provide certificates of high-tech enterprises; persons working for encouraged type foreign funded enterprises, foreign invested advanced technology enterprises or foreign invested export-oriented enterprises should provide letter of confirmation of the encouraged type foreign invested projects, or letter of confirmation of foreign invested advanced technology enterprises or letter of confirmation of foreign invested export-oriented enterprises.

Article 12. Persons mentioned in item three of paragraph one of article 6 of this set of measures should submit letter of recommendation and related proofs issued by the competent authority of the Chinese government in filing applications.

Article 13. Persons mentioned in item 4 of paragraph 1 of article 6 of this set of measures should provide marriage certificate in filing applications if they are spouses. Whereas they are unmarried children under 18 years old, they should provide their personal birth certificates or proof of parenthood. In case of adoption, certificate of adoption should be provided.

Certificates or proof issued by relevant agencies abroad should be recognized by Chinese embassies or consulate offices in that country or region.

Article 14. Persons mentioned in item 5 of paragraph 1 of article 6 of this set of measures should, at the time of application, provide proof of household registration of their Chinese spouses or the Certificate of Permanent Residence of aliens of their spouses of foreign nationality, marriage certificates, proof of secured living status and certificate of house leasing or property right of the house which have been notarized. The above-mentioned proof issued by related agencies abroad should be attested by the Chinese embassies or consulate offices in the countries or regions.

Article 15. Persons mentioned in item 6 of paragraph 1 of article 6 of this set of measures should, at the time of filing applications, provide the certificate of household registration of their Chinese parents or Certificate of Permanent Residence of aliens of their foreign nationality parents, personal birth certificates or certificates of parenthood; in case of adoption, the certificate of adoption should also be provided. The above-mentioned proof issued by related agencies abroad should be attested by the Chinese embassies or consulate offices in the countries or regions.

Article 16. Persons mentioned in item 7 of paragraph 1 of article 6 of this set of measures should, at the time of filing applications, provide the certificates of household registration of the Chinese citizens with whom they come to live or Certificate of Permanent Residence of aliens of foreigners, notarized proof of relations of relatives and proof testifying that the incoming persons having no direct relatives abroad, notarized proof of the sources of incomes of the incoming persons or the proof of economic guarantee of the persons with whom the incoming persons live, notarized proof of house leasing or property right of houses of the incoming persons or persons with whom the incoming persons live. The above-mentioned proof issued by related agencies abroad should be attested by the Chinese embassies or consulate offices in the countries or regions.

Article 17. Whereas a foreigner applies for permanent residence in China, the applicant or the parent of the applicant if unmarried and aged under 18 years old or the party accepting the trust to file applications should file applications to the public security authority of municipal people's governments with subordinate districts or branch public security bureaus or county level bureaus of municipalities directly under the Central Government at the place of principal investment or long term stay.

In case of application filed by a party accepting trust to do the applying, the power of attorney issued by the applicant should be provided. The power of attorney issued by applicants abroad should be attested by Chinese embassies or consulate offices in the countries or regions.

Article 18. The public security authority should make a decision on whether or not to approve the applications for permanent residence in China filed by aliens within six months starting from the day of receipt of the applications.

Article 19. Aliens granted permanent residence in China will be granted Certificate of Permanent Residence of Aliens by the Ministry of Public Security. Whereas the applicant is abroad, the Ministry of Public Security will issue Form of Conformation of Permanent Residence of Aliens, the applicant should go to the Chinese embassies or consulate offices to apply for D visa on the strength of the Form, and obtain Certificate of Permanent Residence of aliens within 30 days upon entry from the public security authority that has accepted the applications.

Article 20. Aliens granted permanent residence in China should stay in China for more than three months in accumulation every year. Whereas they are not able to satisfy that requirement due to certain actual needs, they should obtain approval from the public security administration of the provinces, autonomous regions or municipalities directly under the Central Government where they have the permanent residence. However, their stay in China in a period of five years should be no shorter than one year.

Article 21. The validity of Certificate of Permanent Residence of Aliens is five or ten years.

Aliens aged under 18 years old being granted permanent residence in China should be issued Certificates of Permanent Residence of Aliens of five years. Aliens aged over 18 years granted permanent residence in China should be issued Certificates of Permanent Residence of Aliens of 10 years.

Article 22. Whereas the validity of Certificate of Permanent Residence of Aliens expires, or items of Certificate of Permanent Residence of Aliens have been changed, or the Certificate of Permanent Residence of Aliens have been lost or damaged, the certificate holders should apply to the public security authority of municipal people's governments with subordinate districts or branch public security bureaus or county level bureaus of municipalities directly under the Central Government where they have permanent residence for change or renewal of certificates. Whereas the public security authority considers that the certificate holders have not lost qualifications to maintain permanent residence in China, it should change or renew the certificates within one month.

Article 23. Aliens holding Certificate of Permanent Residence of Aliens should apply for renewal of certificates one month prior to the expiration of the validity of the certificates. Whereas the content of the certificates has been changed, the holders should apply for change or renewal within one month upon the changes. In case of damage or loss of the certificates, the holders should apply for renewal or change of certificates in a timely manner.

Article 24. Aliens having permanent residence in China under any of the following circumstances will be canceled of their permanent residence in China by the Ministry of Public Security, and their Certificate of Permanent Residence of Aliens will be revoked or declared invalid:

1. likely to cause harms to the national safety and interests;

2. ordered by the people's court to be expelled from of the country;

3. obtaining permanent residence in China by way of providing falsified materials and other illegal methods;

4. accumulated stay in China in a year being less than three months or accumulated stay in China in a period five years being less than one year, without permission.

Article 25. Aliens granted permanent residence in China before the entry into force of this set of regulations should go to the public security administration of the provinces, autonomous regions or municipalities directly under the Central Government which have issued them the original permanent residence or where they have the permanent residence to obtain Certificate of Permanent Residence of Aliens within six months starting from the day of entry into force of this set of regulations.

Article 26. Relevant charging items and standards governing the application for permanent residence in China, issuing, renewing and reissuing of Certificate of Permanent Residence of Aliens should be handled in line with the related provisions of the pricing and finance ministries of the State Council.

Article 27. Terms used in this set of regulations are defined as follows:

1. direct relatives refer to parents (parents of spouses), grandparents (maternal grandparents), adult family members aged over 18 years and their spouses, adult grandchildren (maternal grandchildren) aged over 18 years and their spouses;

2. "Over'' and "including'' used includes the number mentioned.

Article 28. The Ministry of Public Security and the Ministry of Foreign Affairs shall have the interpretation right of this set of regulations.

Article 29. This set of regulations shall enter into force as of the day of promulgation.

2005 BAR EXAMINATIONS

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 19 2005.

The Court Resolved to NOTE and CONFIRM the Memorandum of Agreement executed on 12 July 2005 by and between the Supreme Court of the Philippines and De la Salle University relative to the 2005 Bar Examinations, to wit:

MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This MEMORANDUM OF AGREEMENT executed this 12^th day of July 2005 by and between:

DE LA SALLE UNIVERSITY, a non-stock corporation duly organized and existing under the laws of the Philippines, having its principal office at 2401 Taft Avenue, Manila, hereinafter referred to as the UNIVERSITY;

- and -

THE SUPREME COURT OF THE PHILIPPINES, having its principal office in Padre Faura Street, Ermita, Manila, hereinafter referred to as the COURT.

WITNESSETH:

WHEREAS, the UNIVERSITY has agreed to once again host the 2005 Bar Examination to be held on September 4, 11, 18, 25 basically under the same considerations, terms and conditions as contained in last year’s MEMORANDUM OF AGREEMENT executed by and between the UNIVERSITY and the COURT for the same exercise except for the increase in the cost for the use of facilities;

WHEREFORE, the UNIVERSITY and the COURT have mutually agreed on the following:

1. In view of the number of applicants taking the examinations, the UNIVERSITY shall now make available on September 4, 11, 18, 25, 2005 the following facilities on campus: (a) 95 classrooms; (b) the Boardroom and its anteroom; (c) conference Rooms A, B, C, and D; (d) Bro. Connon Conference Room; and (e) the Central Plaza.

2. The cost for the aforesaid facilities for four (4) Sundays in September 2005 is P2,062,000.00 subject to reasonable adjustments as the exigencies of the exercise may require, I.e. the COURT shall pay P4,500.00 per day for each classroom occupied in excess of those allotted for occupancy under par. 1 immediately preceding hereof, to be paid in full within fifteen (15) days from the last Sunday of the examinations.

3. The UNIVERSITY shall make available free of charge the SCHOOL CLINIC and its facilities during the four (4) Sundays of the bar examinations to attend to the emergency medical needs of the bar examinees and the bar examinations personnel.

3.1 The UNIVERSITY shall furnish the necessary personnel for the operation of the CLINIC

3.2 The COURT shall issue the proper clearances to the personnel of the CLINIC

4. The COURT shall make arrangements with the College Canteen to operate on the four (4) Sundays of the bar examinations to cater to the meal needs of the bar examinees and bar examinations personnel.

4.1 The COURT shall issue the proper clearances to the personnel of the College Canteen.

4.2 The UNIVERSITY shall not be responsible for the operation and activities of the College Canteen which shall be under the sole supervision and control of the COURT during the four (4) Sundays of the bar examinations.

5. The UNIVERSITY shall provide the following personnel on the (4) Sundays of the bar examinations: (a) security officers and personnel; (b) air-condition technicians; (c) electricians; (d) janitorial personnel; and (e) authorized representatives of the UNIVERSITY.

5.1 The clearances of the said personnel to enter the UNIVERSITY on the (4) Sundays shall be issued to them at least (3) days before the first Sunday of the bar examinations, provided that the De la Salle Brothers residing on campus shall not be required to secure such clearances.

5.2 The security officers and personnel of the UNIVERSITY shall be under the control and supervision of the Chief Security Officer of the Court in matters relating to the conduct and administration of the bar examinations, but the UNIVERSITY reserves the right to exercise full discretion over any matter, incident or concern relating to its properties and facilities.

6. The UNIVERSITY premises are off-limits to bar examinees, faculty of law schools and other non-members of the De la Salle University academic community prior to September 4, 2005 and in between the four (4) Sundays of the bar examinations.

6.1 Authorized personnel with clearance from the COURT shall be allowed to enter the UNIVERSITY starting in the morning of the Saturday before every examination day in order to prepare the examination paraphernalia.

7. The COURT shall coordinate with the local government of Manila and the PNP detachment concerned in order to effect, direct and maintain the following traffic rerouting and closure of streets.

7.1 The southbound lane of Taft Avenue from Quirino Avenue to Vito Cruz shall be closed to all vehicles.

7.2 The area on Taft Avenue from Quirino Avenue to the Gokongwei Buiding, and from the University mall to Vito Cruz, may be used as parking area on a first-come, first-served basis, with top priority reserved to the officials and personnel of the COURT.

8. The peripheral area around the UNIVERSITY, especially the sidewalk area on Taft Avenue from the Gokongwei Building to the South Gate, shall be strictly cordoned off, guarded and kept secured against loiterers, vandals, fraternity activities, bar operations and other bar exam-related activities from 5:00 A.M. to 7:00 P.M. during the four (4) Sundays of September 2005.

8.1 The area to be cordoned shall be no less than five (5) meters from the UNIVERSITY peripheral fence up to Taft Avenue

8.2 The Court shall provide day-long, effective and responsible security in the cordoned area.

8.3 All banners, streamers and other kinds of signs are strictly prohibited on all UNIVERSITY property, including its façade, its peripheral fences and its posts and gates.

8.4 The security personnel assigned to secure the cordoned area must strictly keep everyone, except bar examinees and bar examination personnel, from entering said area from 5:00 A.M. to 7:00 P.M. during the four (4) Sundays of September 2005.

8.4.1 The cordoned area shall be utilized for the queuing of bar examinees in entering the UNIVERSITY premises in the morning and during lunch break.

8.4.2 The security personnel assigned to secure the cordoned area shall facilitate and supervise the queuing of the bar examinees when entering the UNIVERSITY.

8.4.3 The Engineering Gate shall be the sole entry point of all bar examinees assigned to take the examination at St. Joseph Hall, Velasco Hall, Miguel Hall, Gokongwei Hall and Mutien Marie. The North Gate shall be the sole entry point of all bar examinees assigned to take the examination at the St. La Salle Hall, while the South Gate shall be the sole entry point of the bar examination personnel.

In entering the UNIVERSITY, bar examinees shall be guided by the Supreme Court security personnel to make two (2) queues at opposite sides perpendicular to the entry point along Taft Avenue within the cordoned area.

8.4.4 In case heavy congestion attends the queuing of bar examinees to and from the UNIVERSITY on any examination day, the UNIVERSITY, in coordination with the COURT, shall readily and immediately make available other area/s as alternative or additional passageways/s to maintain smooth and orderly entry and exit of the examinees.

8.4.5 The COURT shall provide adequate and effective signs at the different strategic locations in the UNIVERSITY to guide the bar examinees during the four (4) Sundays of the bar examinations.

8.5 All fraternity activities and other forms of bar operations shall be banned within the UNIVERSITY and the cordoned area.

8.5.1 The security personnel shall confiscate any audio, speaker, megaphone or other radio or stereo equipment or any other electronic device that may be found within the cordoned area, whether or not claimed by its owner or possessor.

8.5.2 The security personnel shall likewise confiscate any deadly weapon that may be brought into the cordoned area.

8.6 The COURT shall be responsible for injury/damage that may be suffered by the UNIVERSITY by reason or on the occasion of, or in relation to the failure of the security personnel of the COURT to enforce any of these guidelines. This includes, but is not limited to, liability for damage to any property of the UNIVERSITY, liability for any injury suffered by any UNIVERSITY personnel, and liability for besmirched reputation of the UNIVERSITY in case of fraternity-related violence or any other incident characterized by physical violence or confrontation or any form of scandal.

9. The COURT shall issue to every bar examinee a color-coded identification card which he/she shall be required to wear on his/her person at all times.

10. Eating in the classroom and anywhere inside any building of the UNIVERSITY is strictly prohibited, except as provided hereunder.

10.1 Only light snacks, which the examinees may take in course of the examination, shall be allowed inside the examination rooms.

10.2 Eating shall be allowed only in the following designated areas: College Canteen, gazebo area, pebble wash area, and Central Plaza

11. The UNIVERSITY is a no-smoking campus. Smoking is therefore strictly prohibited in all areas within the UNIVERSITY.

12. The COURT shall be solely responsible for informing the bar examinees of the herein rules and regulations and that violation of any of these rules shall be dealt with accordingly.

12.1 The COURT shall incorporate in the Notice of Admission issued to every bar examinee all the rules and regulations herein.

12.2 Every bar examinee is conclusively presumed to know all the rules and regulations herein.

12.3 No bar examinee shall hold the UNIVERSITY responsible for any adverse consequences suffered by him/her by reason of his/her failure to abide by any of the rules and regulations herein.

13. The COURT shall be solely responsible for issuing and enforcing the rules and regulations herein.

14. The COURT shall be solely liable for all damages to any UNIVERSITY property which may arise from vandalism or other improper and/or irresponsible use thereof by the examinees and/or COURT personnel.

15. Within fifteen (15) days from the last Sunday of the bar examinations, the UNIVERSITY shall serve upon the COURT a written demand for payment of damages suffered by any UNIVERSITY personnel/property during the four (4) Sundays of the bar examinations.

15.1 The COURT shall have the right to answer the demand within fifteen (15) days from receipt thereof; otherwise, the demand shall be considered as final and acceptable to the COURT and its obligation to pay shall be considered due and demandable and any delay in payment shall be penalized with interest at the legal rate.

15.2 In case the COURT after availing of its right under par. 15.1 refuses to pay the damages demanded or a part thereof, the parties shall exhaust all possible remedies, including amicable settlement, compromise and arbitration.

15.3 Recourse against any bar examinee and/or person responsible for damages to UNIVERSITY property shall be the responsibility and/or option of the COURT, unless the UNIVERSITY or its representatives apprehend or catch him/her in the act of vandalizing or in a way abusing or improperly using UNIVERSITY property, in which case the UNIVERSITY shall have the right to proceed against him/her, without prejudice to the UNIVERSITY’s right of recourse against the COURT. In no case however shall the UNIVERSITY recover from the COURT and the vandal at the same time for the same act of vandalism or improper use of UNIVERSITY property.

16. The COURT shall be solely liable and responsible for any injury/damages that may be suffered by any bar examinee or bar examinations personnel within the UNIVERSITY, except in case of injury/damages suffered by reason of breakdown in equipment or defective condition of any facility.

17. The term of this renewed Agreement covers only the four (4) Sundays in September 2005.

17.1 There shall be no automatic renewal of the lease contract.

17.2 Failure to abide by any of the conditions, rules, regulations and policies herein shall be taken into considerations in case the COURT seeks to enter into another contract with the UNIVERSITY for the succeeding bar examinations.

IN WITNESS WHEREOF, the Parties hereto have signed this MEMORANDUM OF AGREEMENT on the day and year first above written.

Requirements and Procedure of Federal Security Examinations

(Security Examination Law - SÜG)

From that 20. April 1994, (BGBl. I S. 867)

The Bundestag has concluded the following law:

Synopsis

First section generals instructions

§ 1 purpose and application area of the law
§ of 2 persons affected category of persons
§ 3 responsibility
§ 4 classified information
§ 5 security risks, sicherheitserhebliche knowledge
§ 6 rights of the person affected

Second section examination kinds and implementation measures

§ 7 kinds of the security examination
§ 8 simples security examination
§ 9 Expanded security examination
§ 10 Expanded security examination with Sicherheitsermittlungen
§ 11 data elevation
§ 12 measures at the individual examination kinds

Third section procedures

§ 13 Sicherheitserklärung
§ 14 conclusion of the security examination
§ 15 preliminaries assignment a sicherheitsempfindlichen activity
§ 16 Sicherheitserhebliche knowledge after conclusion of the security examination
§ 17 complement the Sicherheitserklärung and repetition examination

Fourth section acts over the security examination; data processing

§ 18 security act and security examination act
§ 19 storage and destruction of the documents
§ 20 storage, changing and using of personal data in files
§ 21 transmission and purpose linking
§ 22 correcting, deletions and locks of personal data
§ 23 information on stored personal data

Fifth section special provisions at security examinations for not - public positions

§ 24 application area
§ 25 responsibility
§ 26 Sicherheitserklärung
§ 27 conclusion of the security examination, transmission sicherheitserheblicher knowledge
§ 28 update the Sicherheitserklärung
§ 29 transmission of information about personal and workplace-related relationships
§ 30 security act it not - public position
§ 31 data processing, -nutzung and -berichtigung in automated files

Sixth section journey limits, security examinations for proposition of foreign agencies and conclusion instructions

§ 32 journey limits
§ 33 security examination for proposition of foreign agencies
§ 34 authorization for the regulation
§ 35 generals management instructions
§ 36 application of the league data protection act, federal constitution protection law, Mad - law and Bnd - law
§ 37 Strafvorschriften
§ 38 altering of laws
§ 39 taking effect

First section generals instructions

§ 1 purpose and application area of the law

(1) This law controls the requirements and the procedure for the examination of a person, who should be entrusted by the responsible position with a sicherheitsempfindlichen activity (security examination) or already has been entrusted (repetition examination).

(2) A sicherheitsempfindliche activity exercises, who

1. entrance to classified information has or can procure him/it itself, which TOP-SECRET, SECRETLY or Vs - CONFIDENTIALLY are classified,

2. Entrance to classified information überstaatlicher arrangements and positions has or can procure him/it itself, if the Federal Republic of Germany is obligated, to admit only sicherheitsüberprüfte persons to this,

3. in an authority or an other public position of the league or in a part of you is active, which has been explained by virtue of the extent and the meaning of there occurring classified information by the respectively responsible most upper federal authority in the agreement with the Federal Ministry of the internal as nationals security authority to the security range.

(3) obligating itself positions of the Federal Republic of Germany facing positions of other states through agreements, at persons, who have entrance to classified information of foreign states or can procure themselves, to accomplish before security examinations after German right, is to be determined in these agreements, which are comparable Verschlusssachengrade of the party to the contract Verschlusssachengraden after this law. Such establishments must keep in the border of the appraisals of this law and correspond to Particularly the scales the § 4.

§ of 2 persons affected category of persons

(1) A person, who should be entrusted with a sicherheitsempfindlichen activity (persons affected), is to be subjected previously a security examination. The security examination needs the consent of the person affected, as far as legal nothing is certain other. A sicherheitsempfindliche activity may first after completion the 16. Year will transfer. With a security examination after this law it can be dispensed, if for the person affected already one immediately - or higher quality security examination has been accomplished.

(2) The full age spouse or partner, with whom the person affected in eheähnlicher lives community (Lebenspartner), should be included in the security examination after it §§ 9 and 10. On exceptions the responsible position decides. In the trap of the inclusion is the consent of the spouse or Lebenspartners necessary. If the person affected enters the marriage or the eheähnliche community during or first after resulted security examination, so is to be instructed the responsible steep, to displace them/it/her in the position, to make up for the inclusion of the spouse or the Lebenspartners in the security examination. That equal counts at late entering full age of the spouse or Lebenspartners.

(3) This law does not count for

1. the members of the constitution organs of the league,

2. Judges, as far as they perceive tasks of the jurisdiction,

3. foreign citizens, who should exercise in the Federal Republic of Germany in the interest of international arrangements and positions a sicherheitsempfindliche activity after § 1 paragraph 2 No. 2.

§ 3 responsibility

(1) Responsible for the security examination is

1. the authority or other public position of the league, which allocate a person a sicherheitsempfindliche activity, transfer or wants to authorize them/it/her to it,

2. at German citizens on the occasion of their activity in the sicherheitsempfindlichen range at the NATO or other international arrangements and positions the Federal Ministry of the internal as nationals security authority, as far as nothing is certain other,

3. at political parties according to articles 21 of the Constitutional Law as well as their foundations the parties themselves,

4. in the remaining the authority or other public position of the league, which wants to transmit a classified information at one not - public position.

In the cases of the numbers 1 and 4 authorities and other public positions of the league of their most upper federal authority can take over at nachgeordneten tasks of the responsible position. The tasks of the responsible position after this law are to be perceived from an organizational unit separate by the Personalverwaltung.

(2) performers authority at the security examination is the Federal office for protection of the Constitution after § 3 paragraph 2 No. 1 of the federal constitution protection law and in the company division of the Federal Ministry of the defense the military counterintelligence after § 1 paragraph 3 No. 1 letter a of the Mad - law, as far as is not in right instructions of international arrangements or in international law contracts, which the legislative bodies have agreed with according to articles 59 paragraph 2 of the Constitutional Law, something other certain.

(3) The German Intelligence service, the Federal office for protection of the Constitution and the military counterintelligence accomplish security examinations at applicants and staff members of the own service alone. You/They utilize herewith the instructions of this law. Equal counts, if the German Intelligence service or the military counterintelligence a sicherheitsempfindliche activity after paragraph allocate 1 No. 1 and 4, tower over or wants to authorize to it.

§ 4 classified information

(1) classified information are in the public interest geheimhaltungsbedürftige facts, objects or knowledge, independently from their representation form. You/They are classified according to their protection neediness by an official position or on their occasion.

(2) A classified information is

1. TOP-SECRET, if the perusal through trespassers can endanger the existence or vital interests of the Federal Republic of Germany or an of their countries,

2. SECRETLY, if the perusal through trespassers endanger the security of the Federal Republic of Germany or an of their countries or can add their interests heavy damage,

3. Vs - CONFIDENTIALLY, if the perusal can be through trespassers for the interests of the Federal Republic of Germany or an of their countries injurious,

4. Vs - ONLY FOR THE OFFICIAL USE, if the perusal can be through trespassers for the interests of the Federal Republic of Germany or an of their countries detrimental.

§ 5 security risks, sicherheitserhebliche knowledge

(1) In the sense of this law exists a security risk, if actual reference points

1. Doubts at the reliability of the person affected at the perception a sicherheitsempfindlichen activity found or

2. a special threat through opening - and advertising attempts of foreign news services, particularly the concern the Erpressbarkeit, found or

3. doubts at the confession of the person affected to the liberal democratic constitution in the sense of the Constitutional Law or at the jederzeitigen entering for their conservation found.

A security risk can exist also by virtue of actual reference points to the person of the spouse or Lebenspartners.

(2) A knowledge is sicherheitserheblich, if from her a reference point emerges for a security risk.

§ 6 rights of the person affected

(1) Before denial of the permission to a sicherheitsempfindlichen activity is to be given the person affected chance, to comment personally on the facts considerable for the decision. The person affected can appear for the hearing with an attorney. The hearing results in a way, which assures the source protection and the worthy of protection interests of persons, who were questioned in the border of a security examination, accommodates. She/it remains undone, if she/it would have a considerable disadvantage for the security of the league or a country to the sequence, particularly at security examinations of the applicants at the news services of the league.

(2) lying in the person of the spouse or Lebenspartners reference points before, which found a security risk, is to be given him/it chance, to comment before the denial of the permission of the person affected on a sicherheitsempfindlichen activity personally on the facts considerable for the decision. Paragraph 1 set 2 to 4 counts accordingly.

(3) The paragraphs 1 and 2 are to be utilized also in the trap of the denial a Weiterbeschäftigung in a sicherheitsempfindlichen activity.

Second section examination kinds and implementation measures

§ 7 kinds of the security examination

(1) Accordingly the anticipated sicherheitsempfindlichen activity becomes either one

1. simple security examination or

2. expanded security examination or

3. expanded security examination with Sicherheitsermittlungen

accomplished.

(2) yielding itself at the security examination sicherheitserhebliche knowledge, which can be clarified only through measures of the one higher kind of the security examination, can order the responsible position with consent of the person affected and the included person the one higher kind of the security examination. § 12 paragraph 5 remains untouched.

§ 8 simples security examination

(1) The simple security examination is to be accomplished for persons, them

1. entrance to Vs - CONFIDENTIALLY classified classified information should receive or can procure him/it themselves,

2. Activities in ranges after § 1 paragraph 2 No. 3 should perceive.

(2) In the cases of paragraph 1 No. 2 can foresee the responsible position of the security examination, if kind or duration of the activity admit this.

§ 9 Expanded security examination

An expanded security examination is to be accomplished for persons, them

1. entrance to SECRETLY classified classified information should receive or can procure him/it themselves,

2. Entrance to a high amount Vs - CONFIDENTIALLY classified classified information should receive or can procure him/it themselves,

as far as the responsible position does not hold in the individual case according to type and duration of the activity a security examination after § 8 for sufficient.

§ 10 Expanded security examination with Sicherheitsermittlungen

An expanded security examination with Sicherheitsermittlungen is to be accomplished for persons,

1. the entrance to TOP-SECRET classified classified information should receive or can procure him/it themselves,

2. the entrance to a high amount SECRETLY classified classified information should receive or can procure him/it themselves,

3. them at a news service of the league or an authority or other public position of the league active should become, which perceives after settlement of the federal government according to § 34 tasks of comparable Sicherheitsempfindlichkeit,

as far as the responsible position does not hold in the individual case according to type and duration of the activity a security examination after §§ 8 or 9 for sufficient.

§ 11 data elevation

(1) The responsible position and the cooperating authority may raise the data necessary for the fulfillment of their tasks after this law. The person affected as well as the other to question persons and closed positions are on the purpose of the elevation, which serve Auskunftspflichten after this law and on one -, workplace-related or other contractual Mitwirkungspflicht, to point otherwise to the voluntariness of their statements. At security examinations it in § 3 paragraph 3 set 1 named persons can not remain undone the statement of the raising position facing the other to question persons or - public positions, if this is necessary to the protection of the person affected or the news service.

(2) The responsible position raises the personal data at the person affected or at the spouse or Lebenspartner included in the security examination. If this elevation does not suffice or oppose her worthy of protection interests of the person affected or his spouse or Lebenspartners, can be questioned other suitable persons or positions.

§ 12 measures at the individual examination kinds

(1) At the security examination after § 8 meets the cooperating authority following measures:

1. sicherheitsmässige appraisal of the statements in the Sicherheitserklärung under consideration of the knowledge of the protection of the Constitution authorities of the league and the countries,

2. Obtaining of an unrestricted information from the league central register,

3. inquiries at the Federal office of Criminal Investigation, the border guard direction and the news services of the league.

(2) At the security examination after § 9 meets the cooperating authority in addition to paragraph 1 following measures:

1. inquiries at the police stations of the held residences of the person affected, as a rule limits to the last five years,

2. Test of the identity of the person affected.

If the spouse or Lebenspartner of the person affected in the security examination according to § is included 2 paragraph 2, meets the cooperating authority in reference to the person to be included them in the paragraphs 1 and 2 named measures.

(3) At the security examination after § 10 questions the cooperating authority in addition by the person affected in his Sicherheitserklärung indicated reference persons and further suitable Auskunftspersonen, to check, whether the statements of the person affected are correct and whether actual reference points exist, which leave close on a security risk.

(4) The responsible position inquires for the settlement of a full-time or unofficial activity of the person affected or the included person for the state security service of the former German democratics republic at the league commissioner for the documents of the state security service of the former German democratics republic, if the person affected or the included person was born before the 1. January 1970 and in the area of the former German democratics republic was resident or exist reference points for an activity for the state security service of the former German democratics republic. If the inquiry yields sicherheitserhebliche knowledge, transmits them/it/her the responsible position for the appraisal at the cooperating authority.

(5) So far it a sicherheitserhebliche knowledge requires and the inquiry of the person affected or his spouse or Lebenspartners does not suffice or oppose her worthy of protection interests, the cooperating authority beside the measures after the paragraphs can question 1 to 3 further suitable Auskunftspersonen or other suitable positions, particularly offices of the District Attorney or courts, or accomplish single measures of the one higher kind of the security examination.

Third section procedures

§ 13 Sicherheitserklärung

(1) In the Sicherheitserklärung are to be indicated by the person affected:

1. names, also earlier, first names,

2. Date of birth, -ort,

3. citizenship, also earlier and dual citizenships,

4. Marital status,

5. Residences and stays of longer duration than two months, and of course in the inland in the past five years, in the foreign countries from the 18th year,

6. exercised profession,

7. Employers and its address,

8. Amount of the children,

9. in the household living persons over 18 years (name, also earlier, first name, date of birth and place of birth and relationship to this person),

10. Parents, Stief - or foster parents (name, also earlier, first name, date of birth, place of birth, citizenship and residence),

11. Education - and occupation times, defense - or alternative service times with statement of the training facilities, occupation positions as well as their addresses,

12th number the identity card or passport,

13th statements about in the past five years accomplished pressure execution measures, and whether to the time the financial obligations can be fulfilled,

14. Contacts to foreign news services or to news services of the former German democratics republic, which can point to an opening - and advertising attempt,

15. Relations to anticonstitutional organizations,

16. pending Straf - and Disziplinarverfahren,

17. If security authority indicated to residences, stays, journeys, near relatives and other relations in and to states, in them after settlement of the Federal Ministry of the internal as nationals special security risk for them with sicherheitsempfindlicher activity dealt persons are to be procured,

18th two Auskunftspersonen for the Identitätsprüfung of the person affected only at the security examination after it §§ 9 and 10 (names, first names, address and relationship to the person),

19. three reference persons (name, first name, profession, professional and private address and phone numbers as well as temporal beginning of the acquaintance) only at a security examination after § 10,

20. Indicated to earlier security examinations.

Two current photos are to be enclosed the explanation with the statement of the year of the photograph.

(2) At the security examination after § 8 escape the statements about paragraph 1 No. 8, 11 and 12 and the duty, photos to procure; paragraph 1 No. 10 escapes, as far as the there named persons do not live in a household with the person affected. To the person of the spouse or Lebenspartners are with their agreement them in paragraph 1 No. 1 to 4, to indicate 14 and 15 named data. If the system files named in § 6 of the federal constitution protection law emerge from the Sicherheitserklärung or by virtue of the query from one sicherheitserhebliche knowledge over the spouse or Lebenspartner of the person affected, are further examination measures only permissible, if the spouse or Lebenspartner is included with his consent in the expanded security examination.

(3) Is included the spouse or Lebenspartner in the security examination, so are in addition them in paragraph 1 No. 5 to 7, 12, 13, 16, to indicate 17 and 18 named data.

(4) At security examinations it in § 3 paragraph 3 named persons are to be indicated in addition the residences since the birth, the siblings and completed Straf - and Disziplinarverfahren as well as all contacts to foreign news services or to news services of the former German democratics republic.

(5) The person affected can refuse statements, which could found for him/it, a near relative in the sense the § 52 paragraph 1 of the Strafprozessordnun or the Lebenspartner the danger more criminally or disciplinary tracing, the discharge or termination. Over the denial right the person affected is to be advised.

(6) The Sicherheitserklärung is to be supplied by the person affected of the responsible position. She/it checks the statements of the person affected at their completeness and accuracy. For this purpose the personal files can be understood. The responsible position forwards the Sicherheitserklärung to the cooperating authority and authorizes these, to accomplish a security examination, unless the responsible position has ascertained already at the test the Sicherheitserklärung, that a security risk exists, which a sicherheitsempfindlichen activity opposes. The cooperating authority can take with consent of the responsible position and the person affected in the personal file judgment, if this is imperative for the clarification or judgment sicherheitserheblicher knowledge.

§ 14 conclusion of the security examination

(1) Comes the cooperating authority to the result, that no security risk after § exists 5 paragraph 1, so informs them/it/her this of the responsible position. If knowledge occur, which found no security risk, but furthermore sicherheitserheblich are, so are informed these.

(2) Comes the cooperating authority to the result, that a security risk exists, she/it instructs in writing under statement of the reasons and their appraisal the responsible position. At nachgeordneten positions results the instruction over their most upper federal authority.

(3) The responsible position decides, whether a security risk exists, which the sicherheitsempfindlichen activity of the person affected opposes. In the doubt the security interest has precedence before other importance. § 6 paragraph 1 and 2 is to be noted.

(4) Refuses the responsible position the appointment with the sicherheitsempfindlichen activity, informs them/it/her this the person affected.

§ 15 preliminaries assignment a sicherheitsernpfindlichen activity

The responsible position can allow in exceptions deviating from § 2 paragraph 1 the sicherheitsempfindliche activity of the person affected before conclusion of the security examination, if the cooperating authority

1. at the simple security examination the statements in the Sicherheitserklärung under consideration of the own knowledge has rated or

2. at the expanded security examination and at the expanded security examination with Sicherheitsermittlungen the measures the nächstniederen kind of the security examination has completed

and from it no actual reference points for a security risk have emerged.

§ 16 Sicherheitserhebliche knowledge after conclusion of the security examination

(1) The responsible position and the cooperating authority have to instruct itself immediately mutually, if sicherheitserhebliche prove knowledge over the person affected or the spouse or Lebenspartner included in the security examination bekanntwerden or informed knowledge as incorrectly.

(2) The cooperating authority checks the sicherheitserheblichen knowledge and ascertains, whether a security risk after § exists 5 paragraph 1 and instructs the responsible position about the result of the test. In the remaining is to be utilized § 14 paragraph 3 and 4 accordingly.

§ 17 complement the Sicherheitserklärung and repetition examination

(1) The Sicherheitserklärung is the person affected, who a sicherheitsempfindliche activity exercises, to supply as a rule all five years again and to complement in the trap of entered changes by the person affected.

(2) At sicherheitsempfindlichen activities after § 10 is to be introduced as a rule in the distance by ten years a repetition examination. In the remaining can introduce the responsible position a repetition examination, if sicherheitserhebliche suggest knowledge this. The procedure at the repetition examination corresponds to that the Erstüberprüfung; the cooperating authority can foresee by a renewed Identitätsprüfung. The repetition examination results only with consent of the person affected, as far as legal nothing is certain other, and with the consent of his spouse or Lebenspartners, if he/it is included.

Fourth section acts over the security examination; data processing

§ 18 security act and security examination act

(1) The responsible position leads over the person affected a security act, in which all the security examination are to be taken in concerned information.

(2) information about the personal, official and workplace-related relationships of the persons, who are dealt with a sicherheitsempfindlichen activity, are to be taken to the security act, as far as they are considerable for the sicherheitsmässige judgment. Among them count particularly:

1. Assignment, transmission a sicherheitsempfindlichen activity, which to it given authorization as well as their alters and ending,

2. Conversion, delegation, transfer and withdrawal,

3. alters of the marital status, the name, a residence and the citizenship,

4. Reference points for heavy indebtedness, particularly seizure - and transfer decisions,

5. Straf - and Disziplinarsachen as well as serve - and workplace-related measures.

(3) The security act is no personal file. She/it is to be led separately and may neither are made the personalverwaltenden position nor the person affected accessible; § 23 paragraph 6 remains untouched. In the trap of the exchange of the agency or the employer the security act is to be submitted after there, even though there a sicherheitsempfindliche should be exercised activity.

(4) The cooperating authority leads over the person affected a security examination act, in which are to be taken in:

1. information, which the security examination, the accomplished measures and the result affect,

2. the withdrawal from or the Nichtaufnahme the sicherheitsempfindlichen activity,

3. alters of the marital status, the name, a residence and the citizenship.

Them in paragraph 2 No. 4 and 5 named data are to be taken to the security examination act, if they are sicherheitserheblich.

(5) The responsible position is obligated, which to transmit in paragraph 4 set 1 No. 3 and set 2 named data immediately the cooperating authority. The transmission it in paragraph 4 set 1 No. 2 named data results after it in § 22 paragraph 2 No. 1 determined time limits.

§ 19 storage and destruction of the documents

(1) The documents about the security examination are to be preserved separately and to protect against unauthorized reference.

(2) The documents about the security examination are to be destroyed at the responsible position within a year, if the person affected takes in no sicherheitsempfindliche activity, unless the person affected willigt in the further storage a. In the remaining are to be destroyed the documents about the security examination at the responsible position five years after the withdrawal from the sicherheitsempfindlichen activity, unless the person affected is intended willigt in the further storage an or it, to allocate the person affected in the foreseeable future again a sicherheitsempfindliche activity, to transfer or to authorize him/it to it.

(3) The documents about the security examination at the cooperating authority are to be destroyed after it in § 22 paragraph 2 No. 2 named time limits. Equal counts in reference to the documents to it in § 3 paragraph 3 named persons.

§ 20 storage, changing and using of personal data in files

(1) The responsible position may store for the fulfillment of their tasks after this law them in § 13 paragraph 1 No. 1 to 6 named personal data, their act find position and them of the cooperating authority as well as the occupation position, disposals for the processing of the process and involved authorities in files, change and use.

(2) The cooperating authority may for the fulfillment of their tasks

1. them in § 13 paragraph 1 No. 1 to 6 named personal data of the person affected and the spouse or Lebenspartners and the act find position included in the security examination,

2. Disposals for the processing of the process as well as

3. sicherheitserhebliche knowledge and knowledge, which found a security risk,

in files store, change and use. The data after number 1 may be stored also in the system files permissible after § 6 of the federal constitution protection law.

§ 21 transmission and purpose linking

(1) The personal data stored in the border of the security examination are allowed to do from the responsible position or cooperating authority only for

1. them with the security examination pursued purposes,

2. Tack the tracing of criminal offenses of considerable meaning,

3. purposes of parliamentary fact-finding committees

used will and transmitted. The criminal prosecution authorities may use them them according to set 1 No. 2 transmitted data for purposes of a criminal proceeding only, if the criminal prosecution would be complicated on other way considerably less promising or essentially. The responsible position may serve the stored personal data in addition for purposes the disziplinarrechtlichen tracing as well as - or workplace-related measures use and transmit, if this is necessary for the warranty the Verschlusssachenschutzes. The cooperating authority may use and transmit the stored personal data in addition in the border of the necessary extent for the enlightenment of sicherheitsgefährdenden or geheimdienstlichen activities for a foreign force or by efforts, which are directed at it, to utilize power or to prepare use of force or for the enlightenment of other efforts of considerable meaning.

(2) The transmission it after § 20 in files stored data is only permissible, as far as she/it is necessary for the fulfillment it in paragraph 1 named purpose. Them after § 20 paragraph 2 No. 1 stored data may be used and transmitted for the fulfillment of all purposes of the protection of the Constitution.

(3) The cooperating authority may transmit personal data after the paragraphs 1 and 2 only at public positions.

(4) The use or transmission remains undone, as far as legal application regulations oppose.

(5) The receiver may process and use the transmitted data only for the purpose, for whose fulfillment they are transmitted him/it, and to the purpose of the criminal prosecution according to paragraph 1 set 1 No. 2. One not - public position is to be pointed to it.

§ 22 correcting, deletions and locks of personal data

(1) The responsible position and the cooperating authority have to correct personal data, if they are incorrect. If personal data is ascertained, that are incorrect or is contested their accuracy by the person affected, so is this, as far as the personal data be situated in acts, to note there or to capture on other way.

(2) In files stored personal data are to be deleted

1. from the responsible position

a) within a year, if the person affected takes in no sicherheitsempfindliche activity, unless the person affected willigt in the further storage a,

b) at the end of by five years after the withdrawal of the person affected from the sicherheitsempfindlichen activity, unless the person affected is intended willigt in the further storage an or it, to allocate the person affected in the foreseeable future a sicherheitsempfindliche activity, to transfer or to authorize him/it to it,

2. from the cooperating authority

a) at simple security examinations at the end of from five years after the withdrawal of the person affected from the sicherheitsempfindlichen activity,

b) at the remaining examination kinds at the end of from ten years, at the German Intelligence service at the end of from 25 years, after it in number 1 named time limits,

c) them after § 20 paragraph 2 No. 3 stored data, if is certain, that the person affected takes in no sicherheitsempfindliche activity or has excluded from her.

In the remaining are to be deleted in files stored personal data, if their storage is inadmissible.

(3) The deletion remains undone, if reason exists to the acceptance, that through them/it/her worthy of protection interests of the person affected would be hurt. In this case the data are to be disabled. You/They may be processed and used only still with consent of the person affected.

§ 23 information on stored personal data

(1) For proposition is to be given from the responsible position or cooperating authority gratuitously information, which data over the inquiring person in the border of the security examination were stored.

(2) Refers the Auskunftserteilung to the transmission of personal data at the cooperating authorities, is them/it/her only with their consent permissible.

(3) The Auskunftserteilung remains undone, so far

1. the information the regular fulfillment of the tasks lying in the responsibility of the storing position would endanger,

2. the information the public safety endanger or otherwise the welfare of the league or a country disadvantages would prepare or

3. the data or the fact of their storage after a right instruction or after their nature, particularly because of the predominant authorized interests of a third, must be concealed

and for that reason the interest the subscriber at the Auskunftserteilung must step back.

(4) The denial the Auskunftserteilung does not need an establishment, as far as through the communication of the actual and legal reasons, on which the decision is supported, the purpose pursued with the information denial would be endangered. In this case the reasons of the information denial are on record to make. The inquiring person is to be pointed to the legal basis for the absence of the establishment and to it, that she/it can turn to the league commissioner for the protection of data privacy.

(5) Is given the subscriber no information, so is to be given them/it/her on his longing the league commissioner for the protection of data privacy, as far as the respectively responsible most upper federal authority does not ascertain in the individual case, that thereby the security of the league or a country would be endangered. The communication of the league commissioner for the protection of data privacy may admit no conclusions on the knowledge status of the storing position, in so far as these does not agree with a broader information.

(6) The responsible position grants the inquiring person judgment in the security act, as far as an information is not suffices for the perception of their legal interests and them/it/her for this on the inspection dependent. The regulations of the paragraphs 2 to 5 count accordingly.

(7) The information is gratuitous.

Fifth section special provisions at security examinations for not - public positions

§ 24 application area

At security examinations of persons affected, who should not be authorized by the responsible position to a sicherheitsempfindlichen activity at one - public position, count following special provisions.

§ 25 responsibility

(1) responsibles position is the Federal Ministry for economy, as far as in the agreement with him/it an other most upper federal authority does not perceive the task as responsible position.

(2) The tasks it not - public position after this law are to be perceived fundamentally from an organizational unit separate by the Personalverwaltung. The responsible position can admit exceptions, if them are not obligated - public position themselves, information, which her in the border of the security examination bekanntwerden, to use only for such purposes, which pursued with the security examination.

§ 26 Sicherheitserklärung

If 13 paragraph 6 not deviate from § supplies the person affected his Sicherheitserklärung it - public position, in which he/it is busy. In the trap of the inclusion of the spouse or Lebenspartners after § 2 paragraph 2 encloses he/it its consent. Them not - public position checks the completeness and accuracy of the statements and may, as far as this is necessary, which Personalunterlagen beiziehen. She/it transmits the Sicherheitserklärung at the responsible position and informs these available sicherheitserhebliche knowledge.

§ 27 conclusion of the security examination, transmission sicherheitserheblicher knowledge

The responsible position does not instruct them - public position only about it, that the person affected to the sicherheitsempfindlichen authorizes activity or is authorized not. Knowledge, which affect the denial of the authorization to the sicherheitsempfindlichen activity, may not be informed. For the warranty the Verschlusssachenschutzes can not will and may transmitted sicherheitserhebliche knowledge at them - public position by her exclusively for this purpose are used. Them not - public position has to instruct the responsible position immediately, if sicherheitserhebliche knowledge about the person affected or the spouse or Lebenspartner included in the security examination bekanntwerden.

§ 28 update the Sicherheitserklärung

(1) Them not - public position conducts the person affected, who a sicherheitsempfindliche activity exercises, on requirement of the responsible position the Sicherheitserklärung as a rule all five years renews to.

(2) The person affected has to complement the data indicated in the Sicherheitserklärung in the trap of entered changes. The responsible position authorizes the cooperating authority, to accomplish the measures after § 12 paragraph 1 No. 2 and 3 again and to rate.

§ 29 transmission of information about personal and workplace-related relationships

Them not - public position has the responsible position the withdrawal from sicherheitsempfindlicher activity, to inform alters of the marital status, the name, a residence and the citizenship immediately.

§ 30 security act it not - public position

For the security act in it not - public position count the instructions of this law over the security act accordingly with the proviso, that the security act is not submitted it - public position at an exchange of the employer not.

§ 31 data processing, -nutzung and -berichtigung in automated files

Them not - public position may store the personal data necessary after this law for the fulfillment of their tasks of the person affected in automated files, change and use. Them for the responsible position existing regulations for the correction, deletion and obstruction are applied.

Sixth section journey limits, security examinations for proposition of foreign agencies and conclusion instructions

§ 32 journey limits

(1) persons, who a sicherheitsempfindliche activity exercise, which requires a security examination after it §§ 9 and 10, can be obligated, service - and private journeys in and through states, for which special security regulation count, the responsible position or not to indicate it - public position in time previously. The obligation can be ordered also for the time after the withdrawal from the sicherheitsempfindlichen activity.

(2) The journey can be forbidden by the responsible position, if reference points exist to the person or one particularly sicherheitsempfindliche activity, which have a considerable threat expected through foreign news services.

(3) yielding itself at a journey in and through states, for which special security regulation count, reference points, which can point to an opening - and advertising attempt of foreign news services, to instruct so is the responsible position after conclusion of the journey immediate.

§ 33 security examination for proposition of foreign agencies

(1) Requests a foreign agency the cooperating authorities for the assistance at a security examination, so conforms them/it/her according to the determinations of this law, as far as is not have agreed with in right instructions of international arrangements or international law contracts, which the legislative bodies according to articles 59 paragraph 2 of the Constitutional Law, something other certain.

(2) The assistance remains undone, if foreign importance of the Federal Republic of Germany or predominant worthy of protection interests of the person affected oppose. This counts also at the transmission of personal data at the foreign agency.

(3) The foreign agency is to be pointed to it, that the personal data transmitted in the border of the security examination may be used only for purposes of the security examination and the cooperating authority reserves himself, to ask information on the undertaken application of the data.

§ 34 authorization for the regulation

The federal government is authorized, to ascertain through regulation, which authorities or other public positions of the league tasks in the sense the § 10 set 1 No. 3 perceive.

§ 35 generals management instructions

(1) The general management instructions for the execution of this law remits the Federal Ministry of the internal, as far as in the paragraphs 2 to 4 nothing is certain other.

(2) The general management instructions for the execution of this law in the range of the security examination in the economy remits the Federal Ministry for economy in the agreement with the Federal Ministry of the internal.

(3) The general management instructions for the execution of this law in the company division of the Federal Ministry of the defense remits the Federal Ministry of the defense in the agreement with the Federal Ministry of the internal.

(4) The general management instructions for the execution of this law at the news services of the league remits the respectively responsible most upper federal authority in the agreement with the Federal Ministry of the internal.

§ 36 application of the league data protection act, federal constitution protection law, Mad - law and Bnd - law

(1) The instructions of the first of section and the fifth of section as well as them §§ 18 and 39 the league data protection act, the first of section and them §§ 14 and 23 No. 3 of the federal constitution protection law also together with § 12 of the Mad - law and § 10 the Bnd - law as well as them §§ 1 and 8 the Mad - law and § 6 the Bnd - law are applied.

(2) For the protection of data privacy control it by public and not - public positions after this law stored personal data count them §§ 21 and 24 to 26 the league data protection act.

§ 37 Strafvorschriften

(1) Who unauthorized by this law protected personal data, which are not flagrant,

1. stores, changes or transmits,

2. to the call by means of automated procedure has ready or

3. retrieves or procures itself or an other from files,

is punished with prison term up to a year or with fine.

(2) Likewise is punished, who

1. the transmission by through this law protected personal data, which are not flagrant, through incorrect statements erschleicht or

2. against § 21 paragraph 1 or § 27 set 3 data for other purposes uses, in that he/it transmits them/it/her within the position at an other.

(3) Deals the perpetrator against compensation or to enrich in the intent, itself or an other or to damage an other, so is the punishment prison term up to two years or fine.

(4) The deed is pursued only for proposition.

§ 38 altering of laws

(1) articles 1 § 1 paragraph 2 of the law for the limit the letter -, mail - and Fernmeldegeheimnisses from 13th August 1968 (BGBl. I S. 94.9), which finally through articles 2 of the law of that 27. May 1992 (BGBl. I S. 997) has been changed, is changed as follows:

Set 3 is grasped as follows:

- " They have to have ready for the implementation of the projecting named orders the necessary personnel, which according to the security examination law of that 20. April 1994 (BGBl. I S. 867) examines and is authorized to the entrance to classified information of the respective secrecy degree. " -

(2) The federal constitution protection law of that 20. December 1990 (BGBl. I S. 2954, 2970) is changed as follows:

1. § 3 paragraph 2 is changed as follows:

a) Set 2 is grasped as follows:

- " The authorities of the Federal office for protection of the Constitution at the assistance according to set 1 No. 1 are in the security examination law of that 20. April 1994 (BGBl. I S. 867) controlled. " -

b) The sets 3 and 4 are picked up.

2. § 8 paragraph 4 set 2 is grasped as follows:

- " The person affected is to be pointed to the voluntariness of his statements. " -

3. § 10 paragraph 2 is picked up.

(3) The Mad - law of that 20. December 1990 (BGBl. I S. 2954, 2977) is changed as follows:

§ 1 paragraph 3 is changed as follows:

1. Set 2 is grasped as follows:

- " The authorities of the military of counterintelligence at the assistance according to set 1 No. 1 letter a are in the security examination law of that 20. April 1994 (BGBl. I S. 867) controlled. " -

2. The sets 3 and 4 are picked up.

(4) §§ 24 paragraph 6 set 1 No. 7 of the compulsory military service law in the poise of the notice from 13th June 1986 (BGBl. I S. 879), which finally through articles 6 paragraph 45 of the law of that 27. December 1993 (BGBl. I S. 2378) has been changed, is grasped as follows:

- " 7. on demand the responsible defense substitute authority in the regard on a sicherheitsempfindliche anticipated for them/it/her activity in the German armed forces of a first security examination and further security examinations to undergo. The implementation of the security examination determines itself after the security examination law of that 20. April 1994 (BGBl. I S. 867). It does not need a consent of the draftee. " -

(5) § 2 paragraph 2 set 3 of the Bnd - law of that 20. December 1990 (BGBl. I S. 2954, 2979) is grasped as follows:

- " At security examinations is the security examination law of that 20. April 1994 (BGBl. I S. 867) to utilize. " -

§ 39 taking effect

This law steps at the day after the announcement in power.

The constitutional rights of the Bundesrat are preserved.

The projecting law is issued herewith and is proclaimed in the Federal Law gazette.

Berlin, which 20. April 1994