On the State Program for
Ensuring Protection of State Secrets
in the Russian
Federation in
1996-1997
Presidential Edict No. 346
09 March 1996
In accordance with the Russian
Federation president's edict No. 1108 of 8 November 1995
"On the Interdepartmental Commission for Protection of State
Secrets" and for the purpose of improving the system for
the protection of state secrets, I decree:
1. The appended State Program for Ensuring Protection
of State Secrets in the Russian Federation in 1996-1997
(hereinafter the Program) is approved.
2. The State Technical Commission under the Russian
Federation president is appointed the state's agent for the
program's implementation.
3. The Russian Federation Government must:
approve within two months a plan for elaborating in
1996 the normative legal acts for protection of state
secrets as envisaged by the Program;
identify sources of finance in 1996 to fund the
measures on elaborating the normative legal acts for
protection of state secrets;
include the Program in the list of federal targeted
programs financed from the federal budget and, when
elaborating the draft federal budget for 1997, make
provision according to established procedure for the
appropriation of funds for the program's implementation.
[Signed]
Russian Federation President B. Yeltsin
[Dated] Moscow, the Kremlin, 9 March 1996
State Program for
Ensuring Protection of State Secrets
in the Russian
Federation in
1996-1997
Introduction
The State Program for Ensuring Protection of State
Secrets in the Russian Federation in 1996-1997 (hereinafter
the Program) has been elaborated in accordance with the
Russian Federation Law "On State Secrets" and in
implementation of the Russian Federation president's edict
No. 1108 of 8 November 1995 "On the Interdepartmental
Commission for Protection of State Secrets."
The program is of statewide importance and its
implementation will require the pooling of efforts by
federal organs of executive power.
The program's implementation will be financed with
funds appropriated from the federal budget.
Substantiation of the Need for the Program's Adoption
The Russian Federation Law "On State Secrets," which
regulates the relations emerging in connection with the
classification of data as state secrets and with their
declassification and protection in the interests of
protecting the Russian Federation's security, is being
implemented extremely slowly. This situation leads to
increased likelihood of leakage of data comprising state
secrets. A greater threat to Russia's security is an
inevitable consequence of this.
Foreign states continue modernizing their intelligence
services, improving technical intelligence gathering, and
boosting its potential. The foreign states' multipurpose
space-, ground-, air-, and sea-based systems and complexes
with global intelligence potential constantly operate
against Russia. Moreover, there is an ongoing process of
creating and deploying new intelligence systems, improving
the means and methods for gathering information and
automating its processing, and training skilled specialists
-- intelligence agents and analysts.
There is growing interest in the Russian Federation as
a target for intelligence activities. Furthermore, the
attention of foreign states' intelligence services is mainly
focused on the process of Russia's establishment as an
autonomous state in the structure of the world community,
its domestic and foreign policy guidelines, its military
policy and the ways for its implementation, the ongoing
economic transformations, the direction of scientific
research and technical experiments, and the evaluation of
the Russian market. Questions of technologies, finances,
trade, and resources are increasingly often included in the
sphere of intelligence.
Conditions for intelligence gathering have been
significantly expanded and relaxed. This has been
considerably helped by the creation of free economic zones,
the greater number of targets for foreign inspections, and
the free movement of foreign citizens across virtually all
of Russia's territory. Access to data in the military sphere
and the sphere of the economy, science, and technology is
opening up as a result of the development of integration
processes and conversion and the broad introduction of
insecure foreign-made computer equipment in all spheres of
the state's activity.
The real danger of leakage of data comprising state
secrets is growing as a result of the increasing volume of
scientific and technical material published in the open
press and the expanding international cooperation by
enterprises, institutions, and organizations which, due to
the lack of necessary funds, are seeking all possible
opportunities to sell their products, including products of
defense importance.
Furthermore, in the conditions of radical changes in
the Russian Federation's political and economic structures,
the previously elaborated mechanisms for protecting state
secrets are no longer in line with the new conditions and
have lost their effectiveness to a considerable extent.
The Program's Objective
The program's objective is to improve the system for
protecting state secrets on the basis of creating and
introducing in practice a mechanism for implementing the
Russian Federation Law "On State Secrets."
The Program's Main Tasks
In order to attain its objective, the Program
envisages the solution of the following main tasks:
to form a normative-legal base of a system for
protecting state secrets;
to improve the structure and the material,
technical, and personnel backup for the system for
protecting state secrets;
to organize research and development work in the
interests of implementing measures for the protection of
state secrets.
Main Avenues for the Program's Implementation
With a view to solving the main tasks, it is envisaged
that attention in 1996-1997 will focus mainly on the
elaboration and implementation of measures taking into
account the new political and economic conditions.
Specifically:
destatization of the economy;
transition from the principles of excessive
bureaucracy to the establishment of legal relations between
all participants in the process of protecting data
comprising state secrets;
the need to apply economically substantiated
criteria when determining the expedience of classifying and
withdrawing from free circulation data comprising state
secrets;
the introduction of personal liability of leaders
of federal organs of state power, Russian Federation
component organs of state power, organs of local self-
government, enterprises, institutions, and organizations for
the results of their activity in the sphere of protecting
state secrets.
The new political and economic conditions and the
adoption of new approaches toward the problem of protecting
state secrets require the elaboration of proposals to
introduce amendments and additions to federal laws
regulating questions concerning the protection of state
secrets, as well as draft normative legal acts determining
procedures for:
the transfer by a federal organ of state power,
Russian Federation component organ of state power, organ of
local self-government, enterprise, institution, or
organization to another federal organ of state power,
Russian Federation component organ of state power, organ of
local self-government, enterprise, institution, or
organization of any data comprising state secrets in the
event of any change of functions, form of ownership,
closure, or cessation of work involving the use of data
comprising state secrets;
the transfer of the results of work for defense
purposes for use in the conversion sphere;
the transfer of data comprising state secrets to
other states;
the protection of state secrets at Russian
Federation missions abroad;
the protection of data comprising state secrets
when processing information using technical means;
the access for officials and citizens to data
comprising state secrets, to the sources of such data, and
to enterprises, institutions, and organizations performing
work involving the use of data comprising state secrets;
the ensuring of secrecy for the transportation of
special cargoes;
the declassification of documented information
falling within the category of restricted material and
stored at the Russian Federation state archives.
The program envisages that federal organs of state
power, Russian Federation component organs of state power,
organs of local self-government, enterprises, institutions,
and organizations will be provided with normative legal
acts and methodological documentation for the protection of
state secrets.
The main avenues for improving the structure of the
system for protecting state secrets are:
delineating the functions of federal organs of
state power in the sphere of protecting state secrets;
licensing the activity of enterprises,
institutions, and organizations involving the use of data
comprising state secrets, the creation of data protection
systems, the implementation of measures and (or) provision
of services for the protection of state secrets, and the
performance of such activity using appropriately classified
data;
determining the umbrella scientific research
organization to coordinate scientific research in the
sphere of protecting state secrets;
creating a system for certification of data
protection systems;
developing interdepartmental and departmental
monitoring systems for ensuring the protection of state
secrets.
The Program envisages the implementation of scientific
research and technical elaborations in the sphere of
protecting state secrets, in view of the lack to date of
many methodological documents and of series-produced
Russian-made data protection and monitoring systems in line
with modern demands. In this process it is planned that
attention will focus mainly on the elaboration of:
a concept of the protection of state secrets in the
Russian Federation;
a methodology for defining data liable to
classification;
methodology and procedure for determining the
extent of the damage which may be inflicted on the Russian
Federation's security as a result of the unauthorized
dissemination of data comprising state secrets, as well as
the damage which may be inflicted on enterprises,
institutions, organizations, and citizens as a result of
the classification of data in their possession;
models of threats to the security of data subject
to protection;
means and technologies for the protection of state
secrets, as well as methods for evaluating their
effectiveness in the creation, series production, and use of
arms and military equipment or in the planning and
construction of military and industrial facilities;
systems for the protection of data comprising state
secrets, secure systems for the processing and transmission
of such data, and systems to monitor their safety.
With a view to improving the personnel backup for
organs for the protection of state secrets, it is planned:
to elaborate programs for the training (further
training) and improvement of qualifications of personnel
for organs for the protection of state secrets;
to elaborate instruction manuals on questions
concerning the protection of state secrets;
to provide training and further training for
specialists to work in organs for the protection of state
secrets.
In view of the fact that the existing material and
technical base of the system for the protection of state
secrets is considerably outdated, the program envisages the
implementation of measures to supply the federal organs of
executive power -- the main organs charged with the
program's implementation -- and the certification centers
and specialized training centers with modern technical
security and monitoring systems.
Expected Ultimate Results From the Program's
Implementation
The Program's implementation will make it possible to
achieve further improvement of the system for the protection
of state secrets on the basis of creating and introducing a
mechanism for implementing the Russian Federation Law "On
State Secrets" and to ensure reliable protection of data
comprising state secrets while observing the balance of
interests of the state, society, and the citizens.
The economic effect of the program's implementation
will be produced as a result of:
the prevention of damage which could be inflicted
on the Russian Federation's security as a result of
unauthorized dissemination of data comprising state secrets;
the rational expenditure of funds to protect only
the data whose unauthorized dissemination is really capable
of inflicting damage on the Russian Federation's security;
the elimination of duplication in the activity of
organs for the protection of state secrets as a result of
improved coordination of work being done in the interests
of protecting state secrets and optimization of their
structures.
Monitoring and Coordination of Work
The State Technical Commission under the Russian
Federation president is the state's agent for the Program's
implementation.
The Program's implementation will be effected with the
participation of federal organs of executive power.
Whenever necessary, individual provisions of the
Program may be modified with due consideration for the
Russian Federation's socioeconomic development, the
allocated funds, and the results achieved in the course of
the Program's implementation, and will be formulated taking
into account the annual plans approved by the
Interdepartmental Commission for the Protection of State
Secrets.
Federal budget funds channeled into the Program's
implementation will be allocated to the state's agent for
the Program's implementation.
Any draft normative legal acts elaborated in the
course of the Program's implementation will be examined by
the Interdepartmental Commission for the Protection of
State Secrets and, once approved, will be submitted to the
Russian Federation Government according to established
procedure.
The federal organs of executive power charged with the
Program's implementation will be responsible for the prompt
and complete execution of measures for its implementation
and the rational utilization of allocated funds.
The Russian Federation Ministry of the Economy, with
the participation of the Russian Federation Ministry of
Finance and the State Technical Commission under the Russian
Federation president will organize expert inspections of
the process of the Program's implementation and of the
effective utilization of funds allocated from the federal
budget.
Overall monitoring of the Program's implementation
will be effected by the Interdepartmental Commission for the
Protection of State Secrets.
The federal organs of executive power charged with the
Program's implementation will submit on demand from the
state's agent for the Program's implementation reports on
the progress of its implementation for summation and
submission of report by the Interdepartmental Commission
for the Protection of State Secrets.
The technical and economic substantiation of the
Program is appended.
RUSSIAN INTELLIGENCE-RELATED LEGAL DOCUMENTS