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).