RUSSIAN INTELLIGENCE-RELATED LEGAL DOCUMENTS


Approval of the Statute on the Russian Federation Federal Security Service and Its Structure

Russian Federation Presidential Edict No 806

signed by Russian Federation President B. Yeltsin,
Moscow,
6 Jul 98

For the purpose of improving the legal bases of the activities of Federal Security Service [FSB] organs, I decree that:

1. The proposed Statute on the Russian Federation FSB and its structure shall be approved.

2. The positions of RF FSB first deputy director, state secretary — RF FSB deputy director, six deputy directors — RF FSB department heads and deputy director — chief of the RF FSB Administration for the City of Moscow and Moscow Oblast shall be established within the RF FSB and a collegium of 15 persons shall be formed.

3. A military personnel staff size of 4,000 individuals for the RF FSB Central Staff shall be approved as of 1 January 1999.

4. The following shall be declared invalid:

RF Presidential Edict No 633 of 23 June 1995 on Urgent Measures for the Implementation of the Federal Law on FSB Organs in the RF (the Collection of RF Legislation, 1995, No 26, p 2453);

RF Presidential Edict No 937 of 14 September 1995 on the Insertion of Changes into RF Presidential Edict No 633 of 23 June 1995 (the Collection of RF Legislation, 1995, No 38, p 3666);

and RF Presidential Edict No 515 of 22 May 1997 on the Structure of the RF FSB (the Collection of RF Legislation, 1997, No 21, p 2468).

Statute on the Russian Federation Federal Security Service

I. General Provisions

1. The RF FSB (FSB of Russia [Russian FSB]) shall be the federal organ of executive authority, which shall directly implement the basic directions of the activities of FSB organs, shall carry out, within the limits of its authority, state administration in the sphere of ensuring RF security and shall coordinate the counterintelligence activities of the federal organs of executive authority, which have the right to carry them out.

The leadership of the Russian FSB and the subdivisions directly a part of its structure shall make up the Russian FSB"s central staff.

2. The Russian FSB shall be guided in its activities by the RF Constitution, federal constitutional laws, federal laws and other regulatory legal acts of federal organs of state authority, international treaties of the RF and also by this statute.

3. The RF president shall direct the Russian FSB"s activities in accordance with the RF Constitution, federal constitutional laws and federal laws, shall approve the Statute on the RF FSB on the recommendation of the chairman of the RF Government and shall also appoint its directors.

The RF Government shall coordinate the Russian FSB"s activities with respect to the Russian FSB"s interaction with RF organs of state authority in accordance with the RF Constitution, federal constitutional laws and RF presidential edicts and directives.

4. The Russian FSB"s activities shall be carried out on the basis of the principles of legality, respect for and observance of the rights and freedoms of a person and a citizen, humanism, secrecy, a combination of overt and covert methods and means for its activities, and centralization of the administration of FSB organs.

5. In order to carry out the tasks entrusted to FSB organs and to support the indicated organs" activities in accordance with established procedure, the Russian FSB shall establish subdivisions of departments, independent administrations and other structural subdivisions of the Russian FSB, territorial security organs, security organs in the military, special training centers, special-purpose subdivisions, military construction subdivisions, enterprises, institutions and organizations.

6. The Russian FSB shall be a legal person, shall have an actual and a provisional designation, an emblem, a seal with the image of the RF State Emblem and with its own designation, appropriate seals, stamps, and accounts, including currency ones, in banks and other credit organizations.

II. The Basic Tasks of the Russian FSB

7. The Russian FSB's basic tasks shall be:

to direct FSB organs and their subordinate enterprises, organizations, educational institutions, scientific research institutions, advisory institutions, military medical institutions and subdivisions, military construction subdivisions, special training centers, and special-purpose subdivisions and also to organize their activities;

to inform the RF president and the chairman of the RF Government and, upon their instructions, federal organs of state authority, as well as RF components" organs of state authority, of threats to RF security;

to uncover, to warn about and to stop intelligence and other activities of foreign states" special services and organizations and of individual persons, which are aimed at inflicting damage on RF security;

to provide, within the limits of its authority, protection for information which comprises a state secret;

to uncover, to warn about, to stop and to solve crimes placed by federal legislation under FSB organs" investigative authority; to uncover, to warn about and to stop terrorist and subversive activities;

to coordinate counterintelligence measures being carried out by other federal organs of executive authority and measures being carried out by them to ensure their own security;

to organize and to implement, in concert with other state organs, a struggle against organized crime, corruption, smuggling and the illegal turnover in weapons, ammunition, explosives, poisonous substances, narcotics, psychotropic substances, and special equipment intended for covert information gathering, and to struggle against the activities of illegal armed formations, criminal societies, criminal groups, individual persons and public associations, which have set as their goal the implementation of armed insurrection, the violent changing of the RF"s constitutional system, the violent seizure of power or the violent retention of power;

to obtain and to process intelligence information within the limits of its authority and in concert with RF foreign intelligence organs, as well as to render assistance in the implementation of measures being carried out by the state in the interests of ensuring RF security and enhancing its economic, scientific, technical and defense potentials; to carry out measures in concert with the RF Foreign Intelligence Service to ensure the security of RF institutions and citizens outside its borders;

to implement measures, within the limits of its authority and in concert with the organs of the RF Border Service and the border forces, to ensure the protection of the RF"s state borders.

III. The Functions of the Russian FSB

8. The Russian FSB, in accordance with federal legislation, shall exercise the following functions:

it shall organize the observance of federal laws and other regulatory legal acts of federal organs of state authority in FSB organs;

it shall participate in the development and implementation of state programs to ensure RF security;

it shall develop proposals to prevent and to neutralize threats to RF security on the basis of forecasts for the development of domestic political, socioeconomic and crime-related situations in the country;

it shall organize and implement, within the limits of its authority, counterintelligence activities, shall determine the procedure for carrying out counterintelligence measures and for using covert methods and means during their implementation and shall also establish the procedure for FSB organs to implement the penetration of foreign states" special services and organizations;

it shall organize and implement day-to-day investigative activities to uncover, to stop and to prevent crimes, shall carry out the inquiry and preliminary investigation in cases of crimes placed by federal legislation under FSB organs" investigative authority and shall also determine the procedure for FSB organs to implement the penetration of criminal groups;

it shall develop and implement measures to uncover, to warn about and to stop terrorist and subversive activities;

in order to accomplish tasks entrusted to FSB organs, it shall establish cooperative relations on a confidential basis with persons who have given their consent to this;

it shall develop and implement, in concert with other state organs, measures to combat organized crime, corruption, smuggling and the illegal turnover in weapons, ammunition, explosives, poisonous substances, narcotics, psychotropic substances, and special equipment intended for covert information gathering, as well as the activities of illegal armed formations, criminal societies, criminal groups, individual persons and public associations, which have set as their goal the implementation of armed insurrection, the violent changing of the RF"s constitutional system, the violent seizure of power or the violent retention of power;

it shall organize and implement, within the limits of its authority and in concert with RF foreign intelligence organs, the obtaining of information about real and potential capabilities and actions which touch upon vitally important RF interests and about plans and intentions of foreign states, organizations and persons; it shall establish the procedure for conducting intelligence-gathering measures, as well as the procedure for using covert methods and means during the implementation of intelligence activities by FSB organs;

it shall implement, within the limits of its authority, the obtaining, processing, analysis and use of information about threats to RF security, as well as the prediction of these threats;

it shall participate, within the limits of its authority, in the implementation of measures to ensure the protection of the RF"s state borders;

it shall organize and implement the ensuring of security in the RF Armed Forces, in the RF Federal Border Service and the system of organs and troops headed by it, in the RF Presidential Federal Government Communications and Information Agency and the system of organs and troops headed by it, in the RF Ministry of Internal Affairs" internal troops, in the RF Railroad Troops, in the civil defense troops, in other military formations and in their administrative organs, as well as in RF internal affairs organs, in the tax police"s federal organs and in RF customs organs;

it shall ensure, within the limits of its authority, the security of defense complex installations, of the nuclear industry and power engineering, of transportation and communications, of utilities of large cities and industrial centers and of other strategic installations, as well as security in the areas of space research and of priority scientific developments;

it shall participate in the development and implementation of measures to ensure the country"s information security and to protect information which comprises state secrets, in the licensing of the activities of enterprises, institutions and organizations, which are associated with the use of information which comprises state secrets and with the rendering of services to protect state secrets;

it shall determine the basic directions for FSB organs" activities in these areas;

it shall implement the licensing of the activities of physical and legal persons not authorized to carry out day-to-day investigative activities, which are associated with the development, production, sale, acquisition for the purpose of selling, importing into the RF, and exporting beyond its boundaries, of special equipment intended for covert information gathering, as well as the certification, registration and recording of such special equipment;

it shall exercise control over ensuring the protection of information which comprises state secrets in state organs, in military formations, in enterprises, in institutions and in organizations; in accordance with established procedure, it shall implement measures associated with citizens" access to information which comprises state secrets, as well as with acceptance into military service (or hiring for work) in FSB organs;

it shall organize and implement coding operations in FSB organs and shall also exercise control over the observance of secrecy conditions during the handling of coded information in the coding subdivisions of state organs, of military formations, of enterprises, of institutions and of organizations (with the exception of RF institutions which are located outside its boundaries);

it shall uncover on RF territory the radio emissions of transmitting radio electronic equipment, the operation of which represents a threat to RF security, as well as the radio emissions of transmitting radio electronic equipment being used for unlawful purposes;

it shall intercept the transmissions and stop the operation on RF territory of radio communications equipment and other transmitting radio electronic equipment which represent a threat to RF security;

it shall implement the registration and centralized recording of the radio data and radio emissions of transmitting radio electronic equipment;

it shall implement, within the limits of its authority, counterintelligence and other measures to ensure the security of federal organs of state authority;

it shall provide internal security for FSB organs;

it shall provide protection for military and civilian personnel of FSB organs, persons assisting these organs, participants in criminal court proceedings in cases which come under the jurisdiction of FSB organs, and members of their families and close relations, the lives, health, honor and dignity of whom, as well as the property of whom, are being subjected to criminal encroachments;

it shall participate, within the limits of its authority, in carrying out measures aimed at ensuring the security of RF institutions and citizens outside its borders;

in concert with RF internal affairs organs, it shall ensure the security of foreign states" missions on RF territory;

it shall participate, within the limits of its authority and jointly with other state organs, in ensuring the security of public political, religious and other mass activities being conducted on RF territory;

it shall participate, within the limits of its authority, in the deciding of matters pertaining to admission to RF citizenship and renunciation of it and the travel of RF citizens beyond its borders, as well as to the entry of foreign citizens (subjects) and persons with no citizenship into the RF and their travel beyond its borders, their remaining for permanent residence in the RF, the granting to them of political asylum in the RF, and their staying on RF territory;

it shall participate in the generalization of the practice of the application of federal legislation on ensuring RF security and, in accordance with established procedure, shall submit suggestions for its improvement;

it shall participate in the preparation of drafts of corresponding RF regulatory legal acts on matters which come under the Russian FSB"s jurisdiction; it shall implement methodical leadership of FSB organs in the organization of legal support for their activities;

it shall conclude international agreements of the RF in accordance with established procedure and within the limits of its authority;

it shall implement foreign relations with foreign states" special services and law-enforcement agencies and shall exchange with them operational information, special equipment and other equipment (with the exception of cryptographic means of protecting information) within the limits of the FSB organs" authority and in accordance with the procedure established by the Russian FSB"s regulatory legal acts;

it shall send official representatives of FSB organs to foreign states to reach agreements with these states" special services or law-enforcement agencies for the purpose of increasing the effectiveness of the struggle against crimes of an international nature;

it shall establish the procedure for documenting FSB organs" activities, shall organize the storage and use of the operational, investigative, archival and other materials, shall establish the requirements for the organization of the clerical work and archival work in these organs, shall develop and use information systems and shall also determine the list of day-to-day matters, the procedure for carrying them out and for recording them;

it shall establish the procedure for the use of FSB organs' investigative isolation facilities by their inquiry and preliminary investigation organs, as well as by other preliminary investigation organs and courts and shall implement, when need be or upon the instructions of the RF General Procurator"s Office, the escorting and holding of detained and arrested persons with respect to criminal cases being investigated by FSB organs" investigative subdivisions;

it shall organize and implement, within the limits of its authority, the conducting of scientific research on the problems of ensuring the security of an individual, of society and of the state;

it shall conduct experimental design operations and shall develop and manufacture special equipment on its own scientific production base and on the base of other enterprises, institutions and organizations;

it shall ensure the military acceptance of scientific, technical and series products manufactured by enterprises on the basis of Russian FSB orders in accordance wtih existing statutes and delivery contracts;

it shall issue certificates of quality for individual types of special equipment;

it shall implement the purchasing of arms and special equipment;

it shall participate in the drawing up of the technical requirements for arms under development and special equipment;

it shall implement the accumulation, storage and repair of arms and special equipment, as well as the placement of the orders for their delivery and repair;

it shall direct the Russian FSB"s military missions;

it shall take part, by permission of the RF Government, in the licensing of individual types of activities;

in accordance with the established procedure for the implementation of its own activities, it shall develop, establish and operate, without licensing, information systems, with the exception of federal-level systems, and communications and data transmission systems, as well as cryptographic protection equipment;

it shall conduct crime-detection examinations and other studies;

it shall manufacture and use, for the purpose of concealing the identities of associates of FSB organs, of subdivisions of departmental affiliation, of organizations, of enterprises, of locations and of means of transportation, as well as the identities of citizens who render assistance to FSB organs on a confidential basis, documents of other federal organs of executive authority, of enterprises, of institutions and of organizations (operational cover documents);

it shall send to federal organs of executive authority, to enterprises, to institutions and to organizations requests which must be fulfilled regarding furnishing FSB organs, free of charge, blanks of documents and of official credentials and filled-out examples;

it shall manufacture operational cover documents in the interests of other state organs which are part of the system of forces for ensuring RF security on the basis of agreements to be concluded with these organs;

it shall determine the procedure for the use of actual and arbitrary designations in FSB organs;

it shall confer such arbitrary designations in accordance with established procedure;

it shall implement, within the limits of its authority, measures to support emergency and martial law situations;

it shall take part in the carrying out of measures within the framework of the unified state emergency situation warning and recovery system;

it shall determine the procedure for protecting FSB organs' personnel from weapons of mass destruction in wartime, from other dangers which arise during the conducting of military actions or from the consequences of these actions, as well as the procedure for protecting personnel during emergency situations in peacetime, including ones caused by technology-related or natural factors;

it shall organize mobilization training and shall ensure FSB organs" mobilization readiness;

it shall determine the procedure for enlisting civilians into the Russian FSB"s reserve and shall organize the conducting of military registration of civilians who are in the Russian FSB"s reserve;

it shall implement personnel support for FSB organs and guidance in the activities of the academy and institutes for the training and skill enhancement of Russian FSB personnel with respect to the training of specialists in the area of preliminary investigation and in the operational, operational-technical and technical spheres of FSB organs" activities, as well as in the areas of the processing, transmission and protection of information for organs which ensure RF security;

it shall implement, on a contract basis, personnel training for federal organs of executive authority, foreign states' special services and the security services of enterprises, institutions and organizations, regardless of the form of ownership;

it shall render, on a contract basis, assistance to enterprises, institutions and organizations, regardless of the form of ownership, in the development of measures to protect commercial secrets;

it shall organize and implement cooperation with the mass media and providing information to the public about FSB organs" activities and shall also implement editorial and publishing activities;

it shall implement receiving citizens and shall examine their suggestions, statements and complaints regarding matters which have been placed under the jurisdiction of FSB organs;

it shall develop and implement medical care programs for FSB organs and state organs, as well as for the military formations of other forces which ensure RF security, on the basis of agreements to be concluded by the Russian FSB with the indicated state organs and military formations;

it shall implement pension support for persons discharged from military service from FSB organs, the RF Foreign Intelligence Service, organs of the border service and border troops of the RF Federal Border Service, federal government communications and information organs, federal state protection organs, and the RF Presidential Special Installations Service, as well as the members of their families;

it shall carry out capital construction and renovation of buildings and structures, housing construction, centralized financing and material and technical support of FSB organs and shall control the use of monetary, material and technical assets;

it shall implement, in accordance with federal legislation, the right of ownership, use and disposal (day-to-day management) of FSB organs' federally-owned real and tangible property; it shall lease real and tangible property, regardless of its ownership and shall ensure its operational and technical servicing and protection within the limits of the federal budget allocations.

IV. The Authority of the Russian FSB"s Director and Its Collegium

9 The Russian FSB shall be headed by a director to be appointed to and removed from the position by the RF president.

The Russian FSB Director:

shall bear personal responsible for the fulfillment of the tasks entrusted to the Russian FSB and FSB organs;

shall organize the work of the Russian FSB, direct FSB organs' activities, form collegia in them and approve their makeup and establish FSB officials" authority to decide operational, organizational, staffing, personnel, financial, production, management and other matters;

shall inform the RF president and the chairman of the RF Government about matters which have been placed under the jurisdiction of FSB organs;

shall represent the Russian FSB in mutual relations with RF organs of legislative, executive and judicial authority;

shall issue, on the basis of and pursuant to federal legislation and this statute, legal acts, including jointly or in concert with the heads of other federal organs of executive authority, and shall organize verification of their fulfillment;

shall rescind legal acts issued by heads of FSB organs, which contradict federal legislation and Russian FSB regulatory legal acts; shall submit, in accordance with established procedure and for the consideration of the RF president and the RF Government, drafts of regulatory legal acts and suggestions for improving federal legislation on ensuring RF security;

shall submit, for the consideration of the RF president, suggestions on changing the number of military personnel of FSB organs and the structure of the Russian FSB;

shall submit, for the consideration of the RF Government, suggestions on changing the numerical strength of the Russian FSB"s civilian personnel;

shall submit, for the consideration of the RF president, suggestions on the approval of the members of the Russian FSB"s collegium, on the inclusion of military positions on the list of military positions to be filled by senior officers in FSB organs, as well as on the appointment (dismissal) of FSB organs" military personnel to (from) positions, for which the table of organization specifies the military ranks of senior officers, on conferring on them the military ranks of senior officers, on discharging them from military service, and on ending their military service;

shall submit, for the approval of the RF president, the total number of military positions to be filled by colonels (captains first rank);

shall confer on military personnel and civilians in the Russian FSB"s reserve military ranks up to the level of colonel (captain first rank) inclusively;

shall establish departmental awards (medals and badges) to be conferred on military and civilian personnel of FSB organs, as well as on other persons who render assistance in the accomplishment of tasks entrusted to FSB organs, and shall approve the statutes on these awards and their descriptions;

shall have bonus and gift funds, including stores of firearms and edged weapons, to reward military and civilian personnel of FSB organs, as well as other persons who render assistance in the accomplishment of tasks entrusted to FSB organs;

shall bestow engraved firearms and edged weapons in accordance with the procedure established by federal legislation, as well as departmental awards, valuable gifts or money;

shall submit, for the consideration of the RF president, recommendations on rewarding FSB organs" military and civilian personnel, as well as other persons who render assistance in the accomplishment of tasks entrusted to FSB organs;

shall determine the procedure for crediting FSB organs" military personnel from among highly skilled specialists with the period of their work activities prior to enlistment in military service toward the number of years needed for the granting of a pension;

shall enroll, in accordance with the established procedure, RF citizens in military service in FSB organs;

shall implement, within the limits of his authority, the appointment to and the dismissal from a position of persons of FSB organs' senior staff; within the limits of his authority, he shall transfer FSB organs" military personnel from military service into the Russian FSB"s reserve, into the reserve of the RF Armed Forces or into retirement and shall also end their military service in accordance with the procedure established by federal law;

shall determine the procedure for concluding contracts on extending military service with individual servicemen from among highly skilled specialists who have reached the maximum age for staying in military service, for a period up to their attainment of age 65;

shall determine the procedure and conditions for paying FSB organs" military and civilian personnel supplements, bonuses and rewards specified by federal legislations and other RF regulatory legal acts; he shall establish, within the limits of the funds allocated from the federal budget, other supplemental payments to FSB organs' military and civilian personnel;

shall make decisions on establising territorial security organs and security organs in troops, subdivisions of departments and independent administrations of the Russian FSB and on establishing subdivisions, enterprises, institutions, organizations, military offices and special-purpose subdivisions of FSB organs, which are necessary for the fulfillment of tasks entrusted to these organs and for support of these organs" activities;

he shall approve statutes on them and their staffs and shall also determine the procedure for their functioning; shall approve statutes on subdivisions which are part of the Russian FSB"s structure and their staffs and shall determine the procedure for their functioning;

shall enjoy to the fullest extent, with respect to FSB organs' military personnel, the rights specified by the Disciplinary Regulations of the RF Armed Forces;

shall attach, in accordance with the established procedure involving staying in military service, FSB organs" military personnel to the staffs of organs of state authority, to federal organs of executive authority, to enterprises, to institutions and to organizations;

he shall determine the military positions for these military personnel in the staff to which they are attached (except for military personnel attached to the staffs of organs of state authority for the purpose of assisting in the implementation of these organs" authority in the sphere of ensuring RF security);

shall transfer, in accordance with established procedure, FSB organs" military personnel to the RF Armed Forces and federal organs of executive authority, in which military service has been specified;

shall determine, in accordance with federal legislation, the conditions for military personnel to combine military service with other paying activities and also the conditions for military personnel to fulfill obligations with respect to unfilled military positions;

shall establish, within the limits of his authority, the procedure for FSB organs to transfer operational information, special technical items and other equipment to foreign states" special services and law-enforcement agencies;

he shall make decisions, in accordance with federal legislation, on travel beyond the RF's borders by FSB organs' military and civilian personnel;

shall be the manager of credits allocated from the federal budget for the funding of FSB organs, including currency assets;

he shall determine the standards and the procedure for spending financial assets to carry out operational measures associated with FSB organs" implementation of counterintelligence, operational, investigative and intelligence activities;

shall make decisions about receiving delegations from foreign states" special services and law-enforcement agencies and about sending Russian FSB delegations to foreign states within the limits of the funds allocated from the federal budget;

shall exercise other powers in accordance with federal legislation.

10. A collegium shall be formed in the Russian FSB, consisting of the director of the Russian FSB (the chairman of the collegium), the first deputy director, the state secretary — deputy director, the deputy directors — department heads and the deputy director — chief of the RF FSB Administration for the City of Moscow and Moscow Oblast, as well as FSB organs" leading workers.

The Russian FSB Collegium"s size and makeup, except for persons who are part of it by virtue of their positions, shall be approved by the RF president.

The Russian FSB Collegium shall examine at its meetings the most important matters of FSB organs" activities and shall make decisions on them.

The Russian FSB Collegium"s decisions shall be made by a majority vote of its members and shall be formalized as Russian FSB orders. In the event of disagreements between the Russian FSB"s director and the collegium, the director shall implement his own decision and shall report to the RF president about the disagreements which have arisen. Russian FSB Collegium members may also report their opinion to the RF president.

Decisions made at joint meetings of the Russian FSB Collegium and other federal organs of executive authority shall be formalized as orders of the Russian FSB and of the corresponding federal organs of executive authority.

The Structure of the RF Federal Security Service

(Central Staff)The Leadership

The Department for Counterintelligence (1st Department)

The Department for Combating Terrorism (2d Department)

The Department for Economic Security (4th Department)

The Department for Analysis, Forecasting and Strategic Planning (5th Department)

The Department for Organizational and Personnel Work (6th Department)

The Department for Activity Support (7th Department)

The Administration for Military Counterintelligence (3d Administration)

The Administration for Constitutional Security (8th Administration)

The Investigation Administration

The Administration for Internal Security (9th Administration)

The Administration of Affairs

The Contract and Legal Administration

The Military Mobilization Department [Otdel] (10th Department) (with the rights of an administration)