RUSSIAN INTELLIGENCE-RELATED LEGAL DOCUMENTS


On Organs of the Federal Security Service in the Russian Federation

Russian Federation Federal Law No. 40-FZ
Adopted by the State Duma 22 February 1995
Signed by Russian Federation President B. Yeltsin
and dated 3 April 1995

Chapter I. General Provisions

Article 1. Federal Security Service [FSB] Organs and Their Mission

FSB organs are a component part of the forces safeguarding Russian Federation security and within the bounds of their remit safeguard the security of the individual, society, and the state. The president of the Russian Federation and the Government of the Russian Federation direct the activity of FSB organs.

Article 2. The System of FSB Organs

FSB organs represent a unified centralized system, which includes: The creation of FSB organs not envisaged by this Federal Law is not permitted.

The creation of organizational structures and the activity of political parties and mass public movements which pursue political objectives, as well as political campaigning and the conducting of election campaigns is prohibited in FSB organs.

Article 3. The Russian Federation FSB

The Russian Federation FSB is a federal executive organ. The Russian Federation FSB creates territorial security organs and security organs within the troops, directs them, organizes their activity, issues normative acts within the bounds of its remit, and directly implements the main avenues of FSB organs' activity.

The structure and organization of the Russian FSB's activity are determined by the Statute on the Russian Federation FSB, ratified by the president of the Russian Federation. The Russian Federation FSB is headed by the director of the Russian Federation FSB with the status of a federal minister. The military rank of army general corresponds to the post of director of the Russian Federation FSB.

Article 4. The Legal Base for the Activity of FSB Organs

The Russian Federation Constitution, this Federal Law, other federal laws, and other normative legal acts adopted by federal organs of state power form the legal base for the activity of FSB organs. The activity of FSB organs is also implemented in accordance with the Russian Federation's international treaties.

Article 5. The Principles Governing the Activity of FSB Organs

The activity of FSB organs is implemented on the basis of the following principles:

Article 6. Observance of Human and Civil Rights and Freedoms in the Activity of FSB Organs

The state guarantees observance of human and civil rights and freedoms during FSB organs' performance of their activity. The limitation of human and civil rights and freedoms is not permitted save in cases envisaged by federal constitutional and federal laws.

A person who thinks that FSB organs or their officials have violated his rights and freedoms is entitled to appeal to a higher FSB organ, the prosecutor's office, or a court regarding the actions of the aforesaid organs and officials. State organs, enterprises, establishments, and organizations, irrespective of their form of ownership, as well as public associations and citizens have the right in accordance with Russian Federation legislation to obtain explanations and information from FSB organs should their rights and freedoms be limited.

State organs, enterprises, establishments, and organizations, irrespective of their form of ownership, as well as public associations and citizens are entitled to demand compensation from FSB organs for physical and emotional damage incurred as a result of actions taken by FSB organs' officials in the course of their official duties.

Information obtained in the course of FSB organs' activity about a citizen's private life, information pertaining to his honor and dignity, or information which may be detrimental to his legitimate interests cannot be reported by FSB organs to anyone whatsoever without the voluntary consent of the citizen, save in cases envisaged by federal laws.

Should the personnel of FSB organs violate human and civil rights and freedoms the leader of the relevant FSB organ, the prosecutor, or the judge is obliged to take steps to restore these rights and freedoms, provide compensation for the damage incurred, and institute proceedings against the culprits as envisaged by Russian Federation legislation.

Officials of FSB organs who have abused their authority or engaged in ultra vires activity are accountable as envisaged by Russian Federation legislation.

Article 7. Protection of Information on FSB Organs

Citizens of the Russian Federation who are employed for military service in FSB organs and also who are given access to information about FSB organs undergo a procedure clearing them for access to information which constitutes a state secret provided that Russian Federation legislation makes no provision for any other procedure. This procedure includes a pledge not to divulge this information.

Citizens of the Russian Federation with access to information about FSB organs which constitutes a state secret are accountable for the disclosure of the aforesaid information as envisaged by Russian Federation legislation.

Documents and materials containing information regarding the personnel of FSB organs and people who are providing or have provided them with confidential assistance, as well as information regarding the organization, tactics, methods, and means by which FSB organs carry out counterintelligence, intelligence, and operational- investigative activity shall be kept in FSB organs' archives.

FSB organs' archive material which is of historical and scientific value and which is declassified in accordance with Russian legislation shall be transferred to Russian State Archive Service archives for storage in accordance with the procedure laid down by Russian Federation legislation.

Chapter II. The Main Avenues in the Activity of FSB Organs

Article 8. The Activity of FSB Organs

The activity of FSB organs is implemented in the following main avenues:

Intelligence activity and other avenues in the activity of FSB organs are defined by this Federal Law and other federal laws.

Video and audio information systems, film and photographs, and other technical and other systems -- technical and otherwise -- may be used to document the activity of FSB organs and its results.

The activity of FSB organs and the methods and systems employed by them must not be hazardous to human life and health or harmful to the environment.

Article 9. Counterintelligence Activity

Counterintelligence activity is the activity of FSB organs within the bounds of their remit to detect, avert, and suppress intelligence and other activity on the part of foreign states' special services and organizations and also individuals aimed at damaging Russian Federation security.

The following are grounds for FSB organs to carry out counterintelligence activity:

a) the existence of information regarding signs of intelligence and other activity by foreign states' special services and organizations and also by individuals aimed at inflicting damage on Russian Federation security;

b) the need to protect information which constitutes a state secret;

c) the need to observe (monitor) people who provide or have provided FSB organs with confidential assistance;

d) the need to ensure their own security.

The list of grounds for counterintelligence activity is exhaustive and can only be changed or supplemented by federal laws. In the process of counterintelligence activity FSB organs can use public and private methods and systems, the special nature of which is determined by the conditions of this activity.

The procedure governing the use of private methods and systems in counterintelligence activity is determined by Russian Federation FSB normative acts.

The implementation of counterintelligence activity pertaining to the secrecy of citizens' correspondence, telephone conversations, mail, cable, and other communications is permitted only on the basis of a court ruling in accordance with the procedure envisaged by Russian Federation legislation.

The implementation of counterintelligence activity pertaining to the inviolability of a citizen's abode is permitted only in cases laid down by federal law or on the basis of a court ruling.

In order to obtain a court ruling entitling them to implement counterintelligence activity in cases envisaged by Parts 6 and 7 of this article, FSB organs submit at the court's request official documents detailing the grounds for their implementation of counterintelligence activity (save official-operational documents containing information regarding people who provide or have provided FSB organs with confidential assistance and also regarding the organization, tactics, methods, and systems used to implement counterintelligence activity).

The court ruling entitling FSB organs to implement counterintelligence activity and the materials which provide the grounds for the adoption of the aforesaid ruling shall be stored by FSB organs in accordance with the procedure laid down by this Federal Law.

An FSB decree regarding the implementation of counterintelligence activity and the court ruling on it, as well as the operational case materials, are submitted to Prosecutor's Office organs solely in cases where the Prosecutor's Office is conducting checks in accordance with oversight procedure on materials, information, and appeals by citizens, which it has received and which attest to FSB organs' violation of Russian Federation legislation.

Information regarding the organization, tactics, methods, and system used in the implementation of counterintelligence activity constitutes a state secret.

Article 10. Crime-Fighting

FSB organs, in accordance with Russian Federation legislation, implement operational-investigative measures to detect, avert, suppress, and expose espionage, terrorist activity, organized crime, corruption, illegal arms and drugs trafficking, smuggling, and other crimes, whose investigation [doznaniye] and preliminary examination [sledstviye] are ascribed by law to their jurisdiction, and also to detect, avert, suppress, and expose the activity of illegal armed formations, criminal groups, individuals, and public associations which aim to forcibly change the Russian Federation constitutional system.

FSB organs may also be assigned other tasks in the sphere of crime-fighting by federal laws and other normative legal acts. The activity of FSB organs in the sphere of crime-fighting is implemented in accordance with the Russian Federation Law "On Operational-Investigative Activity in the Russian Federation," Russian Federation criminal and criminal-procedural legislation, and also this Federal Law.

Article 11. Intelligence Activity

Intelligence activity is implemented by FSB organs within the bounds of their remit and in collaboration with Russian Federation foreign intelligence organs with a view to obtaining information regarding threats to Russian Federation security. The procedure for and conditions governing collaboration between FSB organs and Russian Federation foreign intelligence organs are laid down on the basis of corresponding agreements between them or joint normative acts.

The procedure for conducting intelligence measures, as well as the procedure governing the use of secret methods and systems during the implementation of intelligence activity, is laid down by Russian Federation FSB normative acts.

Information regarding the organization, tactics, methods, andsystems used for the implementation of intelligence activity constitutes a state secret.

Chapter III. The Authorities of FSB Organs

Article 12. The Duties of FSB Organs

FSB organs are obliged:

a) to brief the president of the Russian Federation, the chairman of the Russian Federation Government, and, on their instructions, federal organs of state power and also Russian Federation components' organs of state power on threats to the security of the Russian Federation;

b) to detect, avert, and suppress intelligence and other activity by foreign states' special services and organizations and also by individuals aimed at damaging the security of the Russian Federation;

c) to procure intelligence information in the interests of safeguarding the security of the Russian Federation and enhancing its economic, scientific-technical, and defense potential;

d) to detect, avert, and suppress crimes, whose investigation and preliminary examination are ascribed by Russian Federation legislation to the jurisdiction of FSB organs; to investigate people who have committed or are suspected of having committed the aforesaid crimes;

e) to detect, avert, and suppress acts of terrorism;

f) to formulate and implement in collaboration with other state organs measures to combat corruption, illegal arms and drugs trafficking, smuggling, and the activity of illegal armed formations, criminal groups, individuals, and public associations which aim to forcibly change the constitutional system of the Russian Federation;

g) to safeguard within the bounds of their remit security within the Russian Federation Armed Forces, the Russian Federation Border Troops, the Russian Federation Ministry of Internal Affairs Internal Troops, the troops of the Federal Government Communications and Information Agency under the Russian Federation president, the Russian Federation Railroad Troops, the Russian Federation Civil Defense Troops, and other military formations, security within their organs of command and control, and also within internal affairs organs, federal tax police organs, federal government communications and information organs, and Russian Federation customs organs;

h) to safeguard within the bounds of their remit the security of defense complex, nuclear power, transport, and communications facilities, the vital services of major cities and industrial centers, and other strategic installations, as well as security in the sphere of space research and top-priority scientific developments;

i) to safeguard within the bounds of their remit the security of federal organs of state power and Russian Federation components' organs of state power;

j) to participate in the formulation and implementation of measures to protect information which constitutes a state secret; to monitor the safekeeping of information which constitutes a state secret by state organs, troop formations, at enterprises, in establishments and organizations irrespective of their form of ownership; to take steps in accordance with prescribed procedure regarding citizens' access to information which constitutes a state secret;

k) to implement in collaboration with the Russian Federation Foreign Intelligence Service measures to safeguard the security of Russian Federation establishments and citizens abroad;

l) to implement within the bounds of their remit and in collaboration with the Russian Federation Border Troops measures to ensure the protection of the Russian Federation State Border;

m) to ensure in collaboration with internal affairs organs the security of foreign states' missions in the Russian Federation;

n) to participate within the bounds of their remit and in conjunction with other state organs in safeguarding the security of sociopolitical, religious within, and other mass measures conducted in the Russian Federation;

o) to register and keep a centralized record of radio data and radio emissions produced by electronic transmitters; to detect in the Russian Federation radio emissions produced by electronic transmitters whose operation poses a threat to the security of the Russian Federation, as well as radio emissions produced by electronic transmitters used for illegal purposes;

p) to participate, in accordance with Russian Federation legislation, in resolving matters pertaining to the adoption and renunciation of Russian Federation citizenship, the entry to and exit from Russian Federation territory of Russian Federation citizens, foreign citizens, and stateless persons, and also the procedure governing foreign citizens' and stateless persons' sojourn on Russian Federation territory;

q) to maintain the mobilization readiness of FSB organs;

r) to train cadres for FSB organs and retrain and boost their skills.

Article 13. The Rights of FSB Organs

FSB organs have the right:

a) to establish confidential relations of cooperation with people who consent to do so;

b) to implement operational- investigative measures to detect, avert, suppress, and expose espionage, terrorist activity, organized crime, corruption, illegal arms and drug trafficking, smuggling, and other crimes whose investigation and preliminary investigation are ascribed by Russian Federation legislation to the jurisdiction of FSB organs and also to detect, avert, suppress, and expose the activity of illegal armed formations, criminal groups, individuals, and public associations which aim to forcibly change the Russian Federation constitutional system;

c) to infiltrate foreign states' special services and organizations which conduct intelligence and other activity aimed at damaging the security of the Russian Federation and also criminal groups;

d) to conduct the investigation and preliminary examination of crimes which are ascribed by Russian Federation legislation to the jurisdiction of FSB organs and to use detention centers in accordance with Russian Federation legislation;

e) to carry out cipher work in FSB organs and also to monitor the observance of secrecy in the handling of coded information by cipher subunits of state organs, enterprises, establishments, and organizations irrespective of their form of ownership (except for Russian Federation establishments abroad);

f) to use for official purposes communications systems belonging to state enterprises, establishments, and organizations and, in urgent cases, to nonstate enterprises, establishments, and organizations and also Russian Federation public associations and citizens;

g) to use in urgent cases means of transportation belonging to enterprises, establishments, and organizations irrespective of their form of ownership or public associations (except for means of transportation which are exempted from such use by Russian Federation legislation) for the prevention of crimes, the pursuit and apprehension of people who have committed or are suspected of having committed crimes, for the transportation of people in urgent need of medical assistance to medical establishments, and also for transportation to the scene of an incident. At the request of the owners of the means of transport FSB organs shall compensate them in accordance with prescribed procedure for expenditure or damage incurred;

h) to freely enter citizens' residential and other premises, plots of land belonging to them, the grounds and premises of enterprises, establishments, and organizations irrespective of their form of ownership in the event of there being sufficient grounds to believe that a crime is being or has been committed there -- a crime whose inquiry and preliminary investigation is ascribed by Russian Federation legislation to the jurisdiction of FSB organs -- and also, in the event of their pursuing people suspected of committing the aforesaid crimes if delay may place citizens' lives and health in jeopardy. FSB organs shall notify the prosecutor within 24 hours of all such cases of entry into residential and other premises belonging to citizens;

i) to inspect citizens' and officials' identity documents should there be sufficient grounds to suspect them of committing a crime;

j) to carry out the administrative arrest of people who have committed offenses involving the attempted or actual infiltration of the grounds of special-regime installations under special guard, closed administrative-territorial formations, and other installations under guard and also to check these people's identity papers, obtain explanations from them, conduct personal checks on them, and confiscate their possessions and documents.

k) to submit to state organs, the administrations of enterprises, establishments and organizations irrespective of their form of ownership, and also to public associations submissions demanding that they take action to eliminate the causes of and conditions promoting threats to the security of the Russian Federation and the perpetration of crimes whose inquiry and preliminary investigations are ascribed by Russian Federation legislation to the jurisdiction of FSB organs;

l) to receive free of charge from state organs, enterprises, establishments and organizations regardless of their form of ownership the information needed to perform FSB organs' assigned duties save cases where federal laws prescribe a special procedure for the receipt of information;

m) to set up in accordance with the procedure laid down by Russian Federation legislation the enterprises, establishments, organizations, and subunits needed to perform FSB organs' assigned duties and safeguard the activity of the aforesaid organs;

n) to set up special-purpose subunits for the performance of FSB organs' assigned duties;

o) to conduct criminal and other examinations and research;

p) to have external relationships with foreign states' special serrvices and law-enforcement organs, exchange operational information and special technical and other systems with them on a reciprocal basis within the bounds of FSB organs' remit and in accordance with the procedure laid down by Russian Federation FSB normative acts; to conclude, in accordance with established procedure and within the bounds of their remit, Russian Federation international treaties;

q) to send official representatives of FSB organs to foreign states by agreement with those states' special services or law- enforcement organs with a view to boosting the effectiveness of international crime-fighting;

r) to implement measures to safeguard their own security, including preventing foreign states' special services and organizations, criminal groups, and individuals from using technical systems to infiltrate information constituting a state secret, which is protected by FSB organs;

s) to authorize the personnel of FSB organs to possess and carry standard-issue weapons and special means;

t) to use the documentation of other ministries, departments, enterprises, establishments, and organizations to conceal the identity of FSB organs' personnel and the departmental affiliation of their subunits, premises, and means of transportation;

u) to conduct scientific research into problems of Russian Federation security;

v) to assist enterprises, establishments, and organizations irrespective of their form of ownership in the formulation of measures to protect commercial secrets;

w) to train cadres on compensation terms or free of charge for foreign states' special services and the security services of enterprises, establishments, and organizations irrespective of their form of ownership, provided that this does not contravene the principles governing the activity of FSB organs. FSB organs are prohibited from using the rights which they have been granted to perform duties for which federal laws do not make provision.

Article 14. Use of Weapons, Special Means, and Physical Force

The personnel of FSB organs are allowed to possess and carry regulation-issue weapons and special means. They have the right to use physical force, including combat tactics, as well as weapons and special means in cases and in accordance with procedure envisaged by Russian Federation legislative and other normative legal acts for militia personnel.

Article 15. Collaboration With Russian and Foreign Establishments

FSB organs perform their activity in collaboration with federal organs of state power, Russian Federation components' organs of state power, enterprises, establishments, and organizations irrespective of their form of ownership. FSB organs can use the potential of other forces engaged in safeguarding the security of the Russian Federation in accordance with the procedure laid down by federal laws. State organs, as well as enterprises, establishments, and organizations, must assist FSB organs in their performance of their assigned duties.

Individuals and corporate entities in the Russian Federation who provide postal communications services and all kinds of electronic communications, including scrambled [telekodovoy], confidential, and satellite communications systems, must, at the request of FSB organs, include additional equipment and software in the hardware and also create other conditions necessary for FSB organs to implement operational-technical measures. With a view to performing the tasks of safeguarding the security of the Russian Federation servicemen of FSB organs can be assigned to state organs, enterprises, establishments, and organizations irrespective of their form of ownership with the consent of their leadership and in accordance with the procedure laid down by the Russian Federation president and still remain on military service.

Collaboration between FSB organs and foreign states' special services, law-enforcement organs, and other organizations is established on the basis of the Russian Federation's international treaties.

Chapter IV. The Forces and Means of FSB Organs

Article 16. The Personnel of FSB Organs

FSB organs shall be staffed (including on a competitive basis) by servicemen and civilian personnel. FSB servicemen (except for drafted servicemen) as well as civilians appointed to servicemen's posts constitute the personnel of FSB organs. A citizen of the Russian Federation who is able, by virtue of his personal and professional qualities, age, education, and state of health, to perform his assigned duties may be a member of FSB organs.

Servicemen in FSB organs perform military service in accordance with Russian Federation legislation on the performance of military service, mindful of the special features laid down by this Federal Law because of the specific nature of the tasks which they are performing.

The number of FSB organs' servicemen and civilian personnel (minus the personnel of research, military-medical establishments and subunits and the personnel engaged in the running, protection, and maintenance of FSB organs' official buildings and premises) shall be fixed by the president of the Russian Federation. The number of servicemen and civilian personnel employed at research and military-medical establishments and subunits and personnel engaged in the running, protection, and maintenance of FSB organs' official buildings and premises shall be fixed by the director of the Russian Federation FSB within the limits of the budgetary appropriations allocated to the Russian Federation FSB. The powers of FSB organs' officials to employ incentives and impose disciplinary penalties on servicemen under their jurisdiction and also to promote, appoint and discharge servicemen (except for servicemen standing in for superior officers) are laid down by the director of the Russian Federation FSB.

Contracts covering military service through the age of 65 can be concluded with servicemen employed in FSB organs who are highly skilled specialists and have reached the maximum age for military service, in accordance with the procedure laid down by the director of the Russian Federation FSB.

The duties, rights, and privileges of FSB organs' civilian personnel are laid down by Russian Federation legislation. The personnel of FSB organs are guided in their official activity by federal laws and cannot be bound by the decisions of political parties, public movements, and public organizations. The personnel and civilian personnel of FSB organs are prohibited from engaging in entrepreneurial activity and also from assisting individuals and corporate entities in this kind of activity. The personnel of FSB organs are not entitled to combine military service with other paid activity apart from scientific studies, teaching, and other creative activity provided that it does not hamper their performance of their official duties (save in cases where this is a matter of professional necessity).

Article 17. Legal Protection of FSB Organs' Personnel

When performing their official duties FSB organ personnel are representative of federal organs of state power and come under the state's protection. No one is entitled to interfere in their official activity except for state organs and officials empowered to do so by federal laws.

Hampering a FSB staffer's performance of his official duties, insults, opposition, violence, or the threat of using violence against the aforesaid staffer in connection with his performance of his official duties will entail penalties laid down by Russian Federation legislation.

The life, health, honor, dignity, and property of a member of FSB organs and his family are protected against criminal encroachments in connection with his performance of his official duties in accordance with the procedure envisaged by Russian Federation legislation.

When an FSB staffer is carrying out his official duties he cannot be taken into custody, arrested, searched or have his possessions, private transport, or the transport used by him searched without the presence of an official representative of FSB organs or a court ruling.

Information regarding the personnel of FSB organs who have performed (or are performing) special missions in foreign states' special services and organizations or in criminal groups can be made public only with the written consent of the aforesaid staffers and in cases envisaged by federal laws.

Article 18. Social Protection of the Personnel of FSB Organs

The length of service accrued by servicemen in FSB organs who are highly qualified specialists prior to their entering military service may be counted in their required period of service for pension purposes and for the payment of the percentage length-of- service allowance in accordance with the procedure laid down by the director of the Russian Federation FSB.

The time that the personnel of FSB organs spend performing special missions in foreign states' special services and organizations or in criminal groups shall be counted above the normal rate for payment of pensions, promotions, and payment of the percentage length-of-service allowance in accordance with the procedure laid down by the Russian Federation Government. The pay for military rank and official salaries (wage rates) of servicemen and civilian personnel of FSB organs shall carry a 25- percent supplement for service (work) in FSB organs.

FSB servicemen who are entitled to a length-of-service pension and who continue their military service are paid a monthly allowance in addition to their pay of 20-50 percent of the pension that they could have been paid. The procedure and conditions governing the payment of the aforesaid allowance are determined by the director of the Russian Federation FSB. FSB servicemen throughout the Russian Federation enjoy the right to free travel on all categories of city, suburban, and local public transport (apart from taxis) and in rural areas on passing transport (apart from private transport) on presentation of their official identification.

FSB servicemen safeguarding the security of transport installations have the right to free travel on trains, river-going and sea-going ships, and aircraft during the performance of their official duties.

The personnel of the FSB who use private transport for official purposes are paid monetary compensation in accordance with the procedure and at a rate laid down by the Government of the Russian Federation.

The servicemen of FSB organs shall have telephones installed in their place of residence within a period not exceeding one year from the date of their application.

Servicemen and civilian personnel of FSB organs, families of contract servicemen (wives, husbands, children aged under 18, and dependents), and also the children of civilian personnel aged under 18 are provided with free medical assistance at military-medicdal establishments.

FSB servicemen are provided with medical assistance, including supplies of medicines, medical goods, and false teeth manufactured and repaired (except for those made from precious metals) at other ministries' and departments' healthcare establishments from Russian Federation FSB funds. At the same time the money which FSB organs send to healthcare establishments under different departmental affiliation for the provision of medical assistance for servicemen are excluded from taxable income.

The time that FSB servicemen spend undergoing medical treatment in connection with injuries, contusions, or disablement sustained in the performance of their official duties is unlimited save on the submission of incontrovertible evidence regarding the possibility of their recovering their ability to perform military service.

The rights and privileges of FSB servicemen and their families envisaged by Sections 9 and 10 of this article extend to citizens who have been discharged from military service after attaining the maximum age for military service, on health grounds, or in connection with staff organization measures and whose overall length of military service including above-rate pensionable service totals 20 years or more, and also members of their families .

Article 19. People Who Assist FSB Organs

FSB organs can recruit individuals with their consent to assist in the performance of FSB organs' assigned duties on a public and private (confidential) basis, including as nonstaff personnel. The authorities of a nonstaff member of FSB organs shall be determined by normative acts of the Russian Federation FSB.

People who assist FSB organs have the right:

a) to conclude a contract with FSB organs on confidential cooperation;

b) to receive explanations as to their tasks, duties, and rights from the personnel of FSB organs;

c) to use documents which conceal their identity for security purposes;

d) to receive rewards;

e) to receive compensation for damage to their health or property sustained in the process of their assisting FSB organs.

People who assist FSB organs are obliged:

a) to observe the terms of the cooperation contract or agreement concluded with FSB organs;

b) to carry out the instructions of FSB organs designed to implement their assigned duties;

c) to eschew the deliberate provision of unobjective, incomplete, false, or slanderous information;

d) not to divulge information which constitutes a state secret and other information of which they become aware in the process of assisting FSB organs.

The use of confidential assistance on a contract basis from deputies, judges, prosecutors, lawyers, minors, clergymen, and official representatives of officially registered religious organizations is prohibited.

Information on people who assist or have assisted FSB organs on a confidential basis constitutes a state secret and can only be made public with the written consent of these people and in cases envisaged by federal laws.

Article 20. Information Support for FSB Organs

In order to perform their activity FSB organs can formulate, create, and use information systems, communications systems, and data transfer systems, as well as information protection systems, including cryptographic protection systems without license.

The existence in information systems of information on individuals and corporate entities does not constitute grounds for FSB organs to take steps which limit the rights of the aforesaid persons.

The procedure for recording and using information on offenses which have been committed and which pertain to matters of safeguarding the security of the Russian Federation, as well as information pertaining to the intelligence and other activity of foreign states' special services and organizations and individuals aimed at damaging the security of the Russian Federation, is laid down by normative acts of the Russian Federation FSB.

Article 21. Arms and Equipment of FSB Organs

FSB organs shall elaborate, develop, acquire, and use arms and equipment without license, including special technical and other means, and acquire and use the combat weapons in the arsenal of FSB organs by decision of the Russian Federation Government as well as other official and civilian weapons and their munitions.

The sale, transfer, export from and import to the Russian Federation of arms systems and equipment, including special technical and other means, firearms, and ammunition, which may be used in the activity of FSB organs, shall be carried out by them in accordance with the procedure laid down by the Government of the Russian Federation.

Article 22. Financial and Material-Technical Support

FSB organs shall be funded by federal budget funds. FSB organs shall be provided with material-technical support from centralized Russian Federation resources and also by acquiring the requisite material-technical systems from enterprises, establishments, and organizations irrespective of their form of ownership.

Plots of land and property belonging to FSB organs (including buildings, structures, and equipment) created (or being created) or acquired (being acquired) using federal budget funds and other means constitute federal property. FSB organs shall be exempted from all forms of land charges on the plots of land which they occupy.

FSB organs can have an official housing stock formed in accordance with the procedure laid down by the Government of the Russian Federation.

Enterprises, establishments, and organizations, which have been or are being created to ensure the activity of FSB organs, shall carry out their activity without licenses and shall not be liable to privatization.

Chapter V. Monitoring and Oversight of FSB Organs' Activity

Article 23. Monitoring the Activity of FSB Organs

The president of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation, and judicial organs shall monitor the activity of FSB organs within the bounds of their remit laid down by the Constitution of the Russian Federation and federal constitutional and federal laws.

Deputies of the Federation Council and deputies of the Russian Federation Federal Assembly State Duma are entitled, in connection with their work as deputies, to obtain information regarding the activity of FSB organs in accordance with the procedure laid down by Russian Federation legislation.

Article 24. Oversight by the Prosecutor's Office

The Russian Federation general prosecutor and prosecutors empowered by him oversee FSB organs' implementation of the laws of the Russian Federation.

Information regarding people who provide or have provided FSB organs with confidential assistance and regarding the organization, tactics, methods, and means of implementing the activity of FSB organs shall not be the subject of oversight by the prosecutor's office.

Chapter VI. Final Provisions

Article 25. On the Rightful Heirs of FSB Organs

The Russian Federation FSB and its subordinate organs are the rightful heirs of the Russian Federation Federal Counterintelligence Service and its organs.

The servicemen and civilian personnel of Russian Federation counterintelligence organs are considered to be performing military service (working) in FSB organs in the posts they hold without recertification and reappointment and also without organizational- staff measures.

Article 26. The Entry into Force of This Federal Law This Federal Law enters into force from the day that it is officially published.

The Russian Federation Law "On Federal Organs of State Security" (VEDOMOSTI SYEZDA NARODNYKH DEPUTATOV ROSSIYSKOY FEDERATSII I VERKHOVNOGO SOVETA ROSSIYSKOY FEDERATSII, 1992, No. 32, Article 1871; 1993, No. 33, Article 1308; No. 36, Article 1438) shall be deemed invalid from the day that this Federal Law is enacted.

The Russian Federation president is asked and the Russian Federation Government instructed to bring their normative legal acts into line with this Federal Law.

[Signed] Russian Federation President B. Yeltsin
[Dated] The Kremlin, Moscow, 3 April 1995
No. 40-FZ