ARTICLE 36:The following shall be considered national defence secrets for the purpose of this code:
1° Military, diplomatic, economic or industrial information which, by nature, should be known only by
those qualified to have them, and must, in the interest of national defence, be kept secret from any other person ;
2° Objects, equipments, writings, drawings, blueprints, maps, pictures or other reproductions, and all
other documents whatsoever which, by nature, must be known only by those qualified to handle or have them,
and must be kept secret from any other person, which could lead to the discovery of information that falls under
one of the categories referred to in the previous sub-paragraph;
3° All kinds of military information, not made public by the government and not included in the
enumerations herein above, whose publication, broadcasting, disclosure or reproduction is prohibited by the law
or a decree from the Council of Ministers ;
4° Information relating either to measures taken to know or arrest the perpetrators or accomplices of
felonies and misdemeanours against State security.
ARTICLE 37 : Any Malian or foreign national who does any of the following acts shall be guilty of breach of
external State security and punishable with the penalties spelt out in article
41 herein below:
1° exposes Mali, through hostile acts not approved by the government, to a declaration of war;
;
2° exposes Malians, through hostile acts not approved by the government, to reprisals;
3° recruits soldiers, in times of war, for a foreign power on Malian territory;
4° maintains, in times of war without government approval, correspondence or relations with the
subjects or agents of a foreign power;
5° engages, in times of war, in disregard of prescribed prohibitions, acts of trade with the
subjects or agents of an enemy power.
ARTICLE 38 : Any Malian or foreign national who does any of the following acts shall be guilty of breach of external State
security and punishable with the penalties spelt out in article 41 herein below:
1° undertakes, through any means whatsoever, to undermine territorial integrity;
2° establishes contact with the agents of a foreign power for the purpose of or resulting in harm to the
military or diplomatic situation of Mali.
ARTICLE 39 : Any Malian or foreign national who does any of the following acts shall be guilty of breach of
external State security and punishable with the penalties spelt out in article
41 herein below:
1° for a purpose other than handing it over to a foreign power or its agents, or keeps without the capacity
through any means whatsoever, a national defence secret, or intentionally keeps and without the capacity an
object or document considered a national defence secret, or leading to the discovery of such a secret, or informs
the public or a qualified person about the said secret;
2° through recklessness, negligence or non-compliance with rules, makes it possible to destroy, take
away or removes, totally or partially, and even momentarily, objects, equipment, documents or information that
were entrusted to him/her, and which knowledge of could lead to the discovery of a
national defence secret or will allow, even part, of the copy
or reproduction to be known ;
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