RUSSIAN INTELLIGENCE-RELATED LEGAL DOCUMENTS


On Ratification of the
Statute on Preparing Information Comprising State Secrets
For Transfer To Other States

02 August 1997

Text of decree

In accordance with the Russian Federation law, "On State Secrets," the Government of the Russian Federation hereby decrees: That the appended "Statute on Preparing Information Comprising State Secrets For Transfer To Other States" shall be ratified.

[Signed]
Chairman of Government of the Russian Federation
V. Chernomyrdin
Moscow
2 August 1997


Statute on
Preparing Information Comprising State Secrets
For Transfer To Other States

1. The present Statute defines the order of preparation and presentation by federal agencies of executive power and agencies of executive power of subjects of the Russian Federation to the Government of the Russian Federation of materials for adoption of decisions on transfer of information comprising state secrets (henceforth referred to as information) to other states.

The statute is mandatory for fulfillment by federal agencies of executive power, agencies of executive power of subjects of the Russian Federation, enterprises, institutions and organizations regardless of their organizational-legal form, officials and citizens of the Russian Federation who have assumed the responsibility or are responsible by virtue of their official status for fulfilling the requirements of Russian Federation legislation on state secrets.

2. Transfer of information to other states is understood to mean the provision to a foreign state (state authorized representative) by some method (presenting, sending, familiarization, provision of access) of the aforementioned information.

3. Transfer of information in each individual case is performed at the decision of the Government of the Russian Federation in the presence of an expert conclusion of the Interdepartmental Commission on Protection of State Secrets (henceforth referred to as Interdepartmental Commission) regarding the possibility of transfer of said information.

4. Obligations of the recipient party for protecting the information transferred to it are specified in the international treaty concluded with it,* sections (articles, points) of which must contain:

5. Agencies of executive power, agencies of executive power of subjects of the Russian Federation, enterprises, institutions and organizations who are interested in the transfer of information forward to the heads of the agencies of state power authorized to dispose of the information a motivated request, which includes: The agency of state power which has received a motivated request studies the possibility of transfer of the requested information, and informs the petitioner of its decision within a month"s time.

6. The motivated request and decision of agencies of state power whose managers are empowered to dispose of the information, and likewise international agreements and other documents having direct relation to protection of the information being considered for transfer, are submitted by the petitioner to the Interdepartmental Commission for preparation of an expert conclusion.

7. The expert conclusion of the Interdepartmental Commission, which contains a conclusion as to the possibility of transfer of the information with consideration for adherence to the interests of the Russian Federation, is forwarded to the petitioner within 45 days from the moment of receipt of the materials specified in point 6 of the present Statute. If it is necessary to conduct an additional expert evaluation, the term of preparation of the expert conclusion may be increased, and the petitioner is duly informed of this.

8. At the request of the petitioning organization, the federal agencies of executive power whose managers are empowered to dispose of information and the agencies of executive power of subjects of the Russian Federation submit the draft decision of the Government of the Russian Federation, along with the expert conclusion of the Interdepartmental Commission, to the Government of the Russian Federation in accordance with the established procedure.

If no international agreement on mutual provision of security of transferred information has been concluded with a foreign state which is the recipient of the information, or if a previously concluded international agreement does not fully reflect the rules specified in point 4 of the present Statute, proposals on concluding the appropriate international agreement or amending the existing one shall be submitted at the time of submission of the draft decision on transfer of information to the Government of the Russian Federation. These proposals shall be preliminarily reviewed with the recipient party and coordinated with the interested federal agencies of executive power.

If the country which is the recipient of the information refuses to conclude an international agreement on mutual provision of protection of the transferred information, the materials submitted to the Government of the Russian Federation must contain information about the previously assumed responsibilities and guarantees of the recipient party on ensuring protection of the information transferred to it and non-dissemination of the transferred information to third parties.

9. On the basis of the decision of the Government of the Russian Federation and in accordance with the procedures specified by international agreement and effective normative legal statutes, the actual transfer of information is performed.

Supplemental measures of protection of the transferred information may be specified in the agreements or contracts concluded (signed) by competent agencies authorized to perform the receipt (transfer) of information.

10. Heads of federal agencies of executive power, agencies of executive power of subjects of the Russian Federation, enterprises, institutions and organizations authorized by the Government of the Russian Federation to perform transfer of information to other states bear responsibility for violation or improper fulfillment of the present Statute, in accordance with the legislation of the Russian Federation.

Note: *International treaty in the present Statute is understood to mean an international agreement, regardless of its specific name, concluded by the Russian Federation in accordance with the Federal law, "On International Treaties of the Russian Federation."