This chapter discusses the legal framework within which the MUST conducts its activities. This framework partly defines the formal context within which the MUST operates. The legal framework and formal instructions from the political level define the responsibilities and constraints of the MUST and define the MUST's formal external relations with other government agencies. The institutional setting also constitutes the overall structure of the MUST and specifies its functions. Thus, the institutional setting structures the overall processes and thereby the MUST's actions and through that what constitutes social practice for the MUST.

TASK AND LEGAL FRAMEWORK

The Swedish government directs the MUST and the overall focus of the military intelligence. The government uses different kinds of policy instruments to direct and control the activities of the MUST. These policy instruments provide, among other things, the legal framework, budgetary means and the ability to direct the focus of the MUST through annual appropriation directions. There are several legal paragraphs concerned with intelligence activities, although the vast majority are not directly concerned with the task and focus for the MUST. The primary legal paragraph concerned with an overall focus for the MUST is expressed in the Defence Intelligence Act (Försvarsunderrättelselagen). One paragraph of the Defence Intelligence Act describes the responsibility of the MUST:

Military Intelligence will be conducted in support of the Swedish foreign, security, and defence policy, with the aim of identifying external threats to the nation. Activities include participation in international security cooperation. Military Intelligence is only to be concerned with foreign relations. The Government will direct the activities of military intelligence. Within the framework of this direction, authorities appointed by the Government may give more detailed instructions.

The Defence Intelligence Act states that the intelligence objectives are to serve decision making in regard to issues of relevance to foreign and security policy and to external military threats. The government further directs the efforts of the intelligence service to focus its analytical capabilities on areas that play a significant role for Swedish foreign and security policymaking. Other government decrees provide further information about the task and focus of the intelligence agencies: ‘At the policy level intelligence activities primarily serve to provide a continuous build-up of knowledge, competence and the ability to confirm or deny public information or other actors’ actions or statements.’