NO. 28 OF 2012 National Intelligence Service [Rev. 2012] (2) It shall be the duty of every State organ, State department, State agency or public entity that is in possession of national security intelligence or other intelligence related information which may be of value to the Service for the purposes of performing its functions under this Act to transmit that intelligence and information to the Service without delay. 75. General Penalty A person who is convicted of an offence under this Act for which no penalty is expressly provided shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding five hundred thousand shillings or to both. 76. Extraterritorial application of the Act (1) Any act, omission or other conduct constituting an offence under this Act, shall constitute an offence even if the act, omission or conduct takes place outside Kenya. (2) The provisions of this Act shall apply to the Director-General and members of the Service within and outside Kenya. 77. Annual report The Director-General shall, within three months after the end of each calendar year, furnish the President, the Cabinet Secretary and the National Security Council with a report of the activities of the Service during that year. 78. Regulations generally (1) The Cabinet Secretary may, in consultation with the Council make regulations generally prescribing anything required by this Act to be prescribed or generally for the better carrying out of the provisions of this Act. (2) Regulations made under subsection (1) relating to members of the Service shall not be published in the Gazette, but shall be notified to the members of the Service to whom they apply in such manner as the Cabinet Secretary may in consultation with the Director-General determine. 79. Regulations by the Council (1) Notwithstanding the provisions of section 78(1), the Council may make regulations providing for— (a) the terms and conditions of service of the members of the Service subject to section 21 and 23; (b) the appointment, seniority in rank or grade, posting, transfer and promotion of members of the Service subject to section 21 and 23; (c) the distribution, organization and duties of the Service; (d) operational matters of the Service; (e) personal and document security; (f) protective and physical security; [Issue 1] 36