RUSSIAN INTELLIGENCE-RELATED LEGAL DOCUMENTS


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.