RUSSIAN INTELLIGENCE-RELATED LEGAL DOCUMENTS


On the Interdepartmental Commission for the
Protection of State Secrets

Russian Federation Presidential Edict No. 71
20 January 1996

In accordance with the Russian Federation Law "On State Secrets" and the Russian Federation Presidential Edict 1108 of 8 November 1995 "On the Interdepartmental Commission for the Protection of State Secrets," I decree:

1. The appended Statute on the Interdepartmental Commission for the Protection of State Secrets, its structure, and its ex officio composition are approved.

Following a submission from the chairman of the Interdepartmental Commission for the Protection of State Secrets, the Russian Federation Government is to approve the Commission's personnel composition.

2. It is laid down that decisions of the Interdepartmental Commission for the Protection of State Secrets, adopted in accordance with its powers, must be carried out by federal organs of state power, organs of state power of components of the Russian Federation, organs of local self-government, enterprises, establishments, organizations, officials, and citizens.

3. The size of the central apparatus of the State Technical Commission Under the Russian Federation President is increased by 28 persons to give organizational and technical support to the activity of the Interdepartmental Commission for the Protection of State Secrets.

The Russian Federation State Committee for the Management of State Property and the Russian Federation Ministry of Defense are to allocate official premises within one month to accommodate the said additional number of employees of the central apparatus of the State Technical Commission Under the Russian Federation President.

The Russian Federation Ministry of Defense is to resolve questions of material and technical support for these employees of the central apparatus of the State Technical Commission Under the Russian Federation President within the limits of the funds allocated for these purposes.

The Russian Federation Government is to establish a labor remuneration fund for employees of the State Technical Commission Under the Russian Federation President in connection with the increase in the size of its central apparatus.

4. In connection with the publication of this edict the chairman of the State Technical Commission Under the Russian Federation President is to prepare within two months proposals for making changes and additions to normative legal acts governing the activity of the State Technical Commission Under the Russian Federation President and submit them to the Russian Federation president in accordance with the established procedure.

5. Russian Federation Presidential Edict 614 of 30 March 1994 "On the Protection of State Secrets" (SOBRANIYE AKTOV PREZIDENTA I PRAVITELSTVA ROSSIYSKOY FEDERATSII, 1994, No. 14, p 1050) is deemed null and void.

[Signed]
B. Yeltsin, president of the Russian Federation
[Dated] 20 January 1996


Statute on the Interdepartmental Commission for the Protection of State Secrets

1. The Interdepartmental Commission for the Protection of State Secrets (hereafter called the Interdepartmental Commission) has been formed in accordance with the Russian Federation Law "On State Secrets" and the Russian Federation Presidential Edict 1108 of 8 November 1995 "On the Interdepartmental Commission for the Protection of State Secrets."

2. The Russian Federation Constitution, the Russian Federation Laws "On Security" and "On State Secrets," the Federal Law "On Information, Computerization, and Data Protection," Russian Federation presidential edicts and directives, and Russian Federation governmental decrees and directives governing relations in the sphere of the protection of state secrets, and also this Statute constitute the legal basis of the activity of the Interdepartmental Commission.

3. The Interdepartmental Commission is a collective organ, whose main function is to coordinate the activities of federal organs of state power and organs of state power of components of the Russian Federation (hereafter called organs of state power) in protecting state secrets in the interests of drafting and fulfilling state programs and normative and method documents ensuring the implementation of federal legislation on state secrets.

4. In carrying out its activity, the Interdepartmental Commission has the right:

to draw up a list of officials of organs of state power endowed with powers to class information as a state secret;

to draw up a list of information classed as a state secret;

to prepare proposals for organizing the drafting and fulfillment of state programs and normative and method documents ensuring the implementation of federal legislation on state secrets, and to submit them to the Russian Federation Government in accordance with the established procedure;

to examine proposals for the legal regulation of questions of the protection of state secrets and the improvement of the system for protecting state secrets in the Russian Federation and to submit them to the Russian Federation president and the Russian Federation Government in accordance with the established procedure;

to define the procedure for declassifying carriers of information which constitutes a state secret in the event of the liquidation of the fund-creating organization and the absence of its legal successor;

to organize the work of interdepartmental expert groups in declassifying and extending the periods of classification of CPSU and USSR Government documents and other archive documents in the event of the absence of the fund-creating organization and its legal successor;

to examine in cases provided for by the Russian Federation Law "On State Secrets" requests by organs of state power, organs of local self-government, enterprises, establishments, organizations, and citizens for the declassification of information classed as a state secret; to prepare expert conclusions on documents containing information classed as a state secret with a view to resolving the question of the possible handover of the said information to other states, and to submit these conclusions to the Russian Federation Government in accordance with the established procedure for a decision to be made;

to adopt decisions on the handover by an organ of state power, an organ of local self-government, an enterprise, an establishment, or an organization of information which constitutes a state secret, in cases of a change in their functions and forms of ownership and the elimination or cessation of work involving the use of information which constitutes a state secret, to another organ of state power, organ of local self-government, enterprise, establishment, or organization;

to prepare proposals on the procedure for determining the extent of the damage that could be done to the Russian Federation's security as a consequence of the unsanctioned dissemination of information which constitutes a state secret, as well as the damage done to enterprises, establishments, organizations, and citizens in connection with the classification of information in their possession, and to submit them to the Russian Federation Government in accordance with the established procedure;

to prepare proposals on the rules for categorizing the various degrees of secrecy of information which constitutes a state secret, and to submit them to the Russian Federation Government in accordance with the established procedure;

to examine, on the instructions of the Russian Federation president and the Russian Federation Government, expert conclusions for the purpose of determining the extent of the possible damage that could be done to the Russian Federation's security as a consequence of the unsanctioned dissemination of information which constitutes a state secret, as well as the damage done to enterprises, establishments, organizations, and citizens in connection with the classification of information in their possession;

to examine, on the instructions of the Russian Federation president and the Russian Federation Government, drafts of the Russian Federation's international treaties on the joint use and protection of information which constitutes a state secret, to prepare corresponding proposals and expert conclusions, and to participate in international cooperation on these questions;

to draw conclusions on the decisions of leaders of organs of state power connected with altering the existing lists of classifiable information in organs of state power, organs of local self-government, enterprises, establishments, and organizations which could lead to a change in the list of information classed as a state secret, and to suspend or appeal against their decisions;

to coordinate work on organizing the certification of means of protecting information;

to coordinate, in accordance with the established procedure, work on licensing the activities of enterprises, establishments, and organizations connected with the use of information which constitutes a state secret, the creation of means of protecting information, and also the implementation of measures and (or) the rendering of services to protect state secrets;

to resolve the question of extending the 30-year period for classifying information which constitutes a state secret;

to examine, on the instructions of the Russian Federation president and the Russian Federation Government, other questions in accordance with the Russian Federation Law "On State Secrets."

5. The Interdepartmental Commission is headed by a chairman, who has two deputies. The chairman of the Interdepartmental Commission and his deputies are appointed to and dismissed from the post by the Russian Federation president.

The Interdepartmental Commission includes leaders of federal organs of executive power and of the Russian Federation Presidential Staff or their deputies.

The composition of the Interdepartmental Commission can, by agreement, include:

the first deputy leader of the Federation Council Apparatus;
the first deputy leader of the State Duma Apparatus;
the first deputy chairman of the Russian Federation Supreme Court;
the first deputy leader of the Russian Federation Presidential Staff;
the first deputy leader of the Russian Federation Government Apparatus;
the first deputy Russian Federation general prosecutor.

The ex officio composition of the Interdepartmental Commission is approved by the Russian Federation president, and the personnel composition by the Russian Federation Government.

The deputy chairman of the State Technical Commission Under the Russian Federation President is the ex officio executive secretary of the Interdepartmental Commission.

6. Commissions for individual areas of work can be created by decisions of the Russian Federation president with rights of structural subdepartments of the Interdepartmental Commission.

Organizational and technical support for the Interdepartmental Commission's activity is provided by the central apparatus of the State Technical Commission Under the Russian Federation President, in which a structural subdepartment is created to fulfill these functions.

7. The chairman of the Interdepartmental Commission:

requests and receives from state organs, organs of local self-government, enterprises, establishments, organizations, officials, and citizens, in accordance with the established procedure, the information, documents, and materials needed to carry out the Interdepartmental Commission's activities;

sets up interdepartmental working and expert groups to ensure the activities of the Interdepartmental Commission; enlists state and nonstate enterprises, organizations, and establishments, as well as individual specialists, on a contract basis to carry out analytical, research, and expert work;

entrusts the preparation and holding of sessions of the Interdepartmental Commission to his deputies.

8. Sessions of the Interdepartmental Commission are held on a planned basis in accordance with the standing orders approved by the chairman of the Interdepartmental Commission. If necessary, extraordinary sessions may be held by decision of the Interdepartmental Commission chairman.

The presence of the Interdepartmental Commission's members at its session is obligatory. They do not have the right to delegate their own powers to other officials. If a member of the Interdepartmental Commission is unable to attend a session, his opinion on the questions under examination is submitted in writing.

9. The Interdepartmental Commission's decisions adopted in accordance with its powers must be carried out by organs of state power, organs of local self-government, enterprises, establishments, organizations, officials, and citizens.

10. Members of the Interdepartmental Commission possess equal rights when adopting a decision. In the event of a disagreement with an adopted decision each member of the Interdepartmental Commission has the right to set forth in writing his dissenting opinion on the question under examination, which must be appended to the session minutes.

A decision may not be adopted in the event of disagreement with it on the part of a member of the Interdepartmental Commission representing a federal organ of state power, the Russian Federation Presidential Staff, or the Russian Federation General Prosecutor's Office who is competent, in accordance with federal legislation, to hold an opinion on the question under examination.

11. Decisions of the Interdepartmental Commission are submitted, if necessary, to the Russian Federation president and the Russian Federation Government and the parts concerning them are also sent to organs of state power, organs of state power of components of the Russian Federation, organs of local self-government, enterprises, establishments, and organizations regardless of their organizational-legal forms and forms of ownership. Draft edicts and directives of the Russian Federation president and draft decrees and directives of the Russian Federation Government which are submitted for examination in accordance with the established procedure may be drawn up, where necessary, on the basis of decisions adopted by the Interdepartmental Commission in accordance with this Statute.

Ex Officio Composition of the Interdepartmental Commission for the Protection of State Secrets

The first deputy chairman of the Russian Federation Government
(chairman of the Interdepartmental Commission)

The chairman of the Russian State Technical Commission
(deputy chairman of the Interdepartmental Commission)

The director of the Russian FSB [Federal Security Service]
(deputy chairman of the Interdepartmental Commission)

The Russian Federation minister of atomic energy

The Russian Federation first deputy minister of defense -- chief of the Russian Federation Armed Forces General Staff

The Russian Federation first deputy minister of the economy

The first deputy chairman of the Russian State Committee for the Defense Sectors of Industry

The deputy director of the Russian FSB

The first deputy chairman of the Russian State Technical Commission

The first deputy director of the Russian SVR [Foreign Intelligence Service]

The first deputy general director of the FAPSI [Federal Government Communications and Information Agency]

The first deputy chief of the Russian GUO [Main Protection Directorate]

The first deputy chief of the Russian Federation president's Security Service

The first deputy chief of the Russian Federation president's Main Administration of Special Programs

The first deputy leader of the Federation Council Apparatus (by agreement)

The first deputy leader of the State Duma Apparatus (by agreement)

The first deputy chairman of the Russian Federation Supreme Court (by agreement)

The first deputy leader of the Russian Federation Presidential Staff (by agreement)

The first deputy leader of the Russian Federation Government Apparatus (by agreement)

The Russian Federation first deputy general prosecutor (by agreement).