Decree of the President of the Russian Federation of January 20, 1996 No. 71 Issues of the Interdepartmental Commission for the Protection of State Secrets (as amended on April 21, June 6, 1996, June 14, 1997).

Decree of the President of the Russian Federation of January 20, 1996 N 71 Issues of the Interdepartmental Commission for the Protection of State Secrets (as amended on April 21, June 6, 1996, June 14, 1997).

Decree of the President of the Russian Federation of January 20, 1996 N 71

«Questions of the Interdepartmental Commission for the Protection of State Secrets»

(as amended on April 21, June 6, 1996, June 14, 1997)

In accordance with the Law of the Russian Federation «On State Secrets» and the Decree of the President of the Russian Federation of November 8, 1995 N 1108 «On the Interdepartmental Commission for the Protection of State Secrets», I decree:

To approve the attached Regulations on the Interdepartmental Commission for the Protection of State Secrets, its structure and composition by positions. The Government of the Russian Federation, upon the recommendation of the Chairman of the Interdepartmental Commission for the Protection of State Secrets, shall approve the personal composition of the Commission.
To establish that the decisions of the Interdepartmental Commission for the Protection of State Secrets, adopted in accordance with its powers, are binding on federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies, enterprises, institutions, organizations, officials and citizens.
The State Committee of the Russian Federation for State Property Management and the Ministry of Defense of the Russian Federation shall, within one month, allocate office space to accommodate the specified additional number of employees of the central office of the State Technical Commission under the President of the Russian Federation. The Ministry of Defense of the Russian Federation shall resolve issues of logistical support for these employees of the central office of the State Technical Commission under the President of the Russian Federation within the funds allocated for these purposes.

In connection with the publication of this Decree, the Chairman of the State Technical Commission under the President of the Russian Federation shall, within two months, prepare proposals for amendments and additions to the regulatory legal acts governing the activities of the State Technical Commission under the President of the Russian Federation and submit them to the President of the Russian Federation in the prescribed manner.

To declare invalid the Decree of the President of the Russian Federation of March 30, 1994, No. 614 «Issues of Protecting State Secrets» (annexation of acts of the President and the Government of the Russian Federation, 1994, No. 14, Art. 1050).

 

President of the Russian Federation         B. Yeltsin

Moscow, the Kremlin

January 20, 1996

N 71

Regulation
on the Interdepartmental Commission for the Protection of State Secrets
(approved by Decree of the President of the Russian Federation of January 20, 1996 N 71)

The Interdepartmental Commission for the Protection of State Secrets (hereinafter referred to as the — Interdepartmental Commission) was formed in accordance with the Law of the Russian Federation «On State Secrets» and the Decree of the President of the Russian Federation of November 8, 1995 N 1108 «On the Interdepartmental Commission for the Protection of State Secrets».

The legal basis for the activities of the Interdepartmental Commission are the Constitution of the Russian Federation, the Laws of the Russian Federation «On Security», «On State Secrets», the Federal Law «On Information, Informatization and Information Protection», decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation regulating relations in the field of protecting state secrets, as well as this Regulation.

The Interdepartmental Commission is a collegial body whose main function is to coordinate the activities of federal government bodies and government bodies of constituent entities of the Russian Federation (hereinafter referred to as government bodies) to protect state secrets in the interests of developing and implementing state programs, regulatory and methodological documents that ensure the implementation of federal legislation on state secrets.

In carrying out its activities, the Interdepartmental Commission has the right to:

to form a list of officials of state authorities vested with the authority to classify information as a state secret;

to form a list of information classified as a state secret;

to prepare proposals for organizing the development and implementation of state programs, regulatory and methodological documents ensuring the implementation of federal legislation on state secrets, and to submit them in the prescribed manner to the Government of the Russian Federation;

to consider and submit, in the established manner, to the President of the Russian Federation and the Government of the Russian Federation proposals on the legal regulation of issues of protecting state secrets and improving the system of protecting state secrets in the Russian Federation; to determine the procedure for declassifying carriers of information constituting a state secret in the event of the liquidation of the organization that created the fund and the absence of its legal successor;

to organize the work of interdepartmental expert groups on declassification and extension of the classification periods of documents of the CPSU, the Government of the USSR and other archival documents in the absence of the organization that created the fund and its legal successor;

to consider, in cases stipulated by the Law of the Russian Federation «On State Secrets», requests from government bodies, local government bodies, enterprises, institutions, organizations and citizens for declassification of information classified as a state secret;

prepare expert opinions on documents containing information classified as a state secret, in order to resolve the issue of the possibility of transferring said information to other states and submit these opinions in the established manner to the Government of the Russian Federation for decision-making;

make decisions on the transfer by a government body, local government body, enterprise, institution and organization of information constituting a state secret, in cases of change of their functions, forms of ownership, liquidation or termination of work using information constituting a state secret, to another government body, local government body, enterprise, institution or organization;

to prepare and submit, in accordance with the established procedure, to the Government of the Russian Federation proposals on the procedure for determining the amount of damage that may be caused to the security of the Russian Federation as a result of the unauthorized dissemination of information constituting a state secret, as well as damage caused to enterprises, institutions, organizations and citizens in connection with the classification of information in their possession;

to prepare and submit, in accordance with the established procedure, to the Government of the Russian Federation proposals on the rules for classifying information constituting a state secret as various degrees of secrecy;

to consider, on the instructions of the President of the Russian Federation and the Government of the Russian Federation, expert opinions for the purpose of determining the extent of possible damage that may be caused to the security of the Russian Federation as a result of the unauthorized dissemination of information constituting a state secret, as well as damage caused to enterprises, institutions, organizations and citizens in connection with the classification of information in their possession;

to consider, on the instructions of the President of the Russian Federation and the Government of the Russian Federation, draft international treaties of the Russian Federation on the joint use and protection of information constituting a state secret, to prepare relevant proposals and expert opinions, and to participate in international cooperation on these issues;

to issue opinions on decisions of heads of state authorities related to changes in the lists of information subject to classification in state authorities, local government bodies, enterprises, institutions and organizations, which may lead to a change in the list of information classified as a state secret, to suspend or appeal their decisions;

coordinate work on organizing the certification of information security tools;

coordinate, in accordance with the established procedure, the implementation of work on licensing the activities of enterprises, institutions and organizations related to the use of information constituting a state secret, the creation of means of information protection, as well as the implementation of measures and (or) the provision of services to protect state secrets;

resolve the issue of extending the 30-year period of classification of information constituting a state secret;

consider, on the instructions of the President of the Russian Federation and the Government of the Russian Federation, other issues in accordance with the Law of the Russian Federation «On State Secrets».

The interdepartmental commission, upon requests from the interdepartmental commission formed by the Government of the Russian Federation to consider appeals from citizens of the Russian Federation in connection with restrictions on their right to leave the Russian Federation, issues a conclusion that information of particular importance or top secret information of which the citizen was aware on the day of filing an application to leave the Russian Federation retains or has lost the corresponding level of secrecy.

The Interdepartmental Commission is headed by a Chairman, who has two deputies. The Chairman of the Interdepartmental Commission and his deputies are appointed to the position and dismissed from the position by the President of the Russian Federation.

The Interdepartmental Commission shall include the heads of federal executive bodies, the Administration of the President of the Russian Federation, the Executive Office of the Government of the Russian Federation or their deputies. The Interdepartmental Commission may include, by agreement, the following: First Deputy Chief of Staff of the Federation Council; First Deputy Chief of Staff of the State Duma; First Deputy Chairman of the Supreme Court of the Russian Federation;

First Deputy Prosecutor General of the Russian Federation. The composition of the Interdepartmental Commission by positions shall be approved by the President of the Russian Federation, and the personal composition shall be approved by the Government of the Russian Federation.

The executive secretary of the Interdepartmental Commission is the deputy chairman of the State Technical Commission under the President of the Russian Federation.

Commissions for individual areas of work may be created by decisions of the President of the Russian Federation as structural divisions of the Interdepartmental Commission.

Organizational and technical support for the activities of the Interdepartmental Commission is carried out by the central office of the State Technical Commission under the President of the Russian Federation, in which a structural division is created to perform these functions.

The Chairman of the Interdepartmental Commission:

requests and receives in the prescribed manner from state bodies, local government bodies, enterprises, institutions, organizations, officials and citizens the information, documents and materials necessary for the implementation of the activities of the Interdepartmental Commission;

creates interdepartmental working and expert groups to ensure the activities of the Interdepartmental Commission;

attracts, on a contractual basis, state and non-state enterprises, organizations and institutions, as well as individual specialists to carry out analytical, research and expert work; assigns the preparation and holding of meetings of the Interdepartmental Commission to his deputies.

Meetings of the Interdepartmental Commission are held on a scheduled basis in accordance with the regulations approved by the Chairman of the Interdepartmental Commission. If necessary, extraordinary meetings may be held by decision of the Chairman of the Interdepartmental Commission.

The presence of members of the Interdepartmental Commission at a meeting is mandatory. They do not have the right to delegate their powers to other officials. If a member of the Interdepartmental Commission is unable to attend a meeting, his opinion on the issues under consideration shall be submitted in writing.

The decisions of the Interdepartmental Commission, adopted in accordance with its powers, are binding on state authorities, local government bodies, enterprises, institutions, organizations, officials and citizens.

Members of the Interdepartmental Commission have equal rights when making decisions.

In case of disagreement with the decision taken, each member of the Interdepartmental Commission has the right to state in writing his/her special opinion on the issue under consideration, which must be included in the minutes of the meeting.

The decision cannot be made if a member of the Interdepartmental Commission representing the federal government body, the Administration of the President of the Russian Federation, the Prosecutor General's Office of the Russian Federation, to whose competence the issue under consideration falls under federal law, disagrees with it.

The decisions of the Interdepartmental Commission, if necessary, shall be submitted to the President of the Russian Federation, to the Government of the Russian Federation, and shall also be sent (in the part concerning them) to state authorities, state authorities of the constituent entities of the Russian Federation, local government bodies, enterprises, institutions and organizations regardless of their organizational and legal forms and forms of ownership.

If necessary, based on the decisions of the Interdepartmental Commission adopted in accordance with this Regulation, draft decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation may be developed, which shall be submitted for consideration in the established manner.

Composition of the Interdepartmental Commission
for the Protection of State Secrets by Position
(approved by Decree of the President of the Russian Federation of January 20, 1996 N 71)

1. First Deputy (Deputy) Chairman of the Government of the Russian Federation (Chairman of the Interdepartmental Commission)
2. Chairman of the State Technical Commission of Russia (Deputy Chairman of the Interdepartmental Commission)
3. Director of the FSB of Russia (Deputy Chairman of the Interdepartmental Commission)
4. First Deputy Director of the Federal Border Service of Russia — Chief of the General Staff of the Border Troops of the Russian Federation
5. Minister of the Russian Federation for Atomic Energy
6. First Deputy Minister of Defense of the Russian Federation — Chief of the General Staff of the Armed Forces of the Russian Federation
7. First Deputy Minister of Economy of the Russian Federation
8. Deputy Minister of Foreign Affairs of the Russian Federation
9. First Deputy Minister of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters
10. Deputy Director of the FSB of Russia
11. First Deputy Chairman of the State Technical Commission of Russia
12. First Deputy Director of the SVR of Russia
13. First Deputy Director General of FAPSI
14. First Deputy Head of the FSO of Russia
15. First Deputy Head of the Main Directorate of Special Programs of the President of the Russian Federation
16. First Deputy Chief of Staff of the Federation Council (subject to agreement)
17. First Deputy Chief of Staff of the State Duma (subject to agreement)
18. First Deputy Chairman of the Supreme Court of the Russian Federation (subject to agreement)
19. First Deputy (Deputy) Chief of Staff of the
20. President of the Russian Federation
21. First Deputy (Deputy) Chief of Staff of the Government of the Russian Federation
22. First Deputy Prosecutor General of the Russian Federation (subject to agreement).

Structure
of the Interdepartmental Commission for the Protection of State Secrets
(approved by the Decree of the President of the Russian Federation of January 20, 1996 N 71)

1. Chairman of the Interdepartmental Commission
2. Deputy Chairman of the Interdepartmental Commission
3. Deputy Chairman of the Interdepartmental Commission
4. Members of the Interdepartmental Commission
5. Executive Secretary of the Interdepartmental Commission
6. Commission for the Declassification of Documents of the CPSU
7. Commission for the Declassification of Documents of the Government of the USSR
8. Structural subdivision of the central office of the State Technical Commission of Russia
9. (organizational and technical support for the activities of the Interdepartmental Commission)
10. Interdepartmental working and expert groups in areas of activity (created by decisions of the Chairman of the Interdepartmental Commission)