Federal Law of 10.01.96 N 5-FZ On Foreign Intelligence.
FEDERAL LAW OF 10.01.96 N 5-FZ
» ON FOREIGN INTELLIGENCE «
Article 6. Powers of the Foreign Intelligence Agencies of the Russian Federation
In order to achieve the goals of intelligence activities, the foreign intelligence agencies of the Russian Federation are granted the following powers:
1) establishing confidential cooperative relations with persons who have voluntarily given their consent to this;
2) implementing measures to encrypt personnel and to organize their activities using other departmental affiliations for these purposes;
3) use for the purposes of conspiracy of documents that encrypt the identity of personnel, departmental affiliation of divisions, organizations, premises and vehicles of the foreign intelligence agencies of the Russian Federation;
4) interaction with federal executive bodies carrying out counterintelligence activities and federal state security agencies of the Russian Federation;
5) concluding agreements with federal executive bodies, enterprises, institutions and organizations of the Russian Federation that are necessary for the implementation of intelligence activities;
6) organizing and ensuring, within the limits of its competence, the protection of state secrets in institutions of the Russian Federation located outside the territory of the Russian Federation, including determining the procedure for implementing the physical and engineering protection of the said institutions, measures to prevent leakage through technical channels of information constituting a state secret;
7) ensuring the security of employees of institutions of the Russian Federation located outside the territory of the Russian Federation, and members of their families in the host state;
8) ensuring the security of citizens of the Russian Federation seconded outside the territory of the Russian Federation, who, by the nature of their work, have access to information constituting a state secret, and members of their families who are with them;
9) interaction with intelligence and counterintelligence services of foreign states in the manner established by this Federal Law;
10) creation of special educational institutions, institutions for advanced training, research organizations and archives, publication of special publications;
11) ensuring one’s own security, that is, protection of one’s forces, means and information from illegal actions and threats;
12) creation of organizational structures (divisions and organizations) necessary for the functioning of the foreign intelligence agencies of the Russian Federation. In order to carry out its activities, the Foreign Intelligence Service of the Russian Federation may, with its own licensing and certification, acquire, develop (except for cryptographic means of protection), create, operate information systems, communication systems and data transmission systems, as well as means of protecting information from leakage through technical channels.
Article 7. Financing and logistical support of the foreign intelligence agencies of the Russian Federation
The foreign intelligence agencies of the Russian Federation are financed from the federal budget. Draft cost estimates for the maintenance of the foreign intelligence agencies of the Russian Federation are considered at closed meetings of the relevant committees (subcommittees) of the chambers of the Federal Assembly and approved at closed meetings of the State Duma and the Federation Council.
The material and technical support of the foreign intelligence agencies of the Russian Federation is carried out at the expense of the centralized resources of the Russian Federation, as well as by acquiring the necessary material and technical resources from enterprises, institutions and organizations. The foreign intelligence agencies of the Russian Federation may have a service housing stock formed in the manner established by the Government of the Russian Federation.
Article 8. Protection of information about the foreign intelligence agencies of the Russian Federation
A person admitted to information about the foreign intelligence agencies of the Russian Federation undergoes the procedure for obtaining access to information constituting a state secret, unless otherwise provided by federal laws. Such a procedure includes the adoption of a written obligation not to disclose this information. Violation of this obligation entails liability established by federal law.
Documents of the archives of the foreign intelligence agencies of the Russian Federation that are of historical and scientific value and are declassified in accordance with federal law shall be transferred for permanent storage to the State Archival Service of Russia.
Documents of the foreign intelligence agencies of the Russian Federation that contain information about their personnel, about persons providing (who provided) confidential assistance to the foreign intelligence agencies of the Russian Federation, as well as about the methods and means used by these agencies, shall be stored in the archives of the foreign intelligence agencies of the Russian Federation.
Article 9. Communication of the foreign intelligence agencies of the Russian Federation with the public of the Russian Federation
In order to inform the public about their activities, the foreign intelligence agencies of the Russian Federation and their employees maintain contact with public associations, the mass media and citizens of the Russian Federation through the relevant services created for these purposes within the structure of the said agencies. Materials provided to the mass media about the activities of the foreign intelligence agencies of the Russian Federation must not contain information constituting a state secret.
Information affecting the personal life, honor and dignity of citizens that has become known to the foreign intelligence agencies of the Russian Federation in the course of their activities shall not be subject to disclosure, except for cases stipulated by federal law. In order to prevent the possible use of mass media to disclose information about the foreign intelligence agencies of the Russian Federation that constitutes a state secret, authors of materials prepared for publication about the foreign intelligence of the Russian Federation or editorial boards of mass media that have received these materials have the right to seek an expert opinion from the relevant foreign intelligence agency of the Russian Federation, which must in this case establish the presence or absence of the said information in these materials and submit such an opinion to the author or to the editorial board of the mass media.
The publication by the media of materials on the foreign intelligence of the Russian Federation containing information constituting a state secret, leading to its disclosure, or the publication of information that does not correspond to reality, causing moral or material damage to the foreign intelligence agencies of the Russian Federation, their employees, entails liability in accordance with federal laws.
Chapter II. Organization of the activities of the foreign intelligence agencies of the Russian Federation
Article 10. Creation of the foreign intelligence agencies of the Russian Federation
Intelligence activities are carried out by both independent and part of the structure of other federal executive bodies of foreign intelligence of the Russian Federation. The creation, reorganization and abolition of an independent foreign intelligence body of the Russian Federation are carried out in the manner established by the federal law regulating the formation of federal executive bodies. Decisions on the creation, reorganization and abolition of a foreign intelligence body of the Russian Federation as part of a federal executive body are made by the President of the Russian Federation upon the submission of the head of the relevant federal executive body. The regulations on the foreign intelligence bodies of the Russian Federation are approved by the President of the Russian Federation.
Article 11. Spheres of activity of the foreign intelligence agencies of the Russian Federation
Intelligence activities within the limits of their powers are carried out:
1) The Foreign Intelligence Service of the Russian Federation — in the political, economic, military-strategic, scientific-technical and environmental spheres, as well as in the sphere of ensuring the security of institutions of the Russian Federation located outside the territory of the Russian Federation, and citizens of the Russian Federation seconded outside the territory of the Russian Federation who, by the nature of their work, have access to information constituting a state secret;
2) The foreign intelligence agency of the Ministry of Defense of the Russian Federation — in the military, military-political, military-technical, military-economic and environmental spheres;
3) by the foreign intelligence agency of the Federal Agency for Government Communications and Information under the President of the Russian Federation — in the political, economic, military and scientific-technical spheres through the use of electronic means;
4) the foreign intelligence agency of the Federal Border Service of the Russian Federation — in the sphere of protection of the State Border of the Russian Federation, the exclusive economic zone of the Russian Federation and the continental shelf of the Russian Federation. The intelligence activities of the federal security service agencies are carried out in cooperation with the foreign intelligence agencies of the Russian Federation and in accordance with the Federal Law «On the Federal Security Service Agencies in the Russian Federation».
Article 12. Management of the foreign intelligence agencies of the Russian Federation
The general management of the foreign intelligence agencies of the Russian Federation is exercised by the President of the Russian Federation. The President of the Russian Federation:
determines the tasks of intelligence activities;
controls and coordinates the activities of the foreign intelligence agencies of the Russian Federation;
makes decisions, within the limits of powers determined by federal laws, on issues related to foreign intelligence of the Russian Federation, including on issues of the advisability of concluding interdepartmental agreements between foreign intelligence agencies of the Russian Federation and intelligence and counterintelligence services of foreign states;
appoints the heads of foreign intelligence agencies of the Russian Federation.
Article 13. Methods and means of intelligence activities
In the course of intelligence activities, the foreign intelligence agencies of the Russian Federation may use overt and covert methods and means, the special nature of which is determined by the conditions of this activity. Methods and means of intelligence activities must not cause harm to the life and health of people or damage the environment. The use of methods and means of intelligence activities in relation to citizens of the Russian Federation on the territory of the Russian Federation is not permitted.
In order to achieve the objectives of intelligence activities, the foreign intelligence agencies of the Russian Federation have the right to use information systems, video and audio recording, film and photography, the removal of information from technical communication channels, as well as other methods and means that meet the requirements of Part Two of this Article. The procedure for using covert methods and means of intelligence activities is determined by federal laws and regulatory legal acts of the foreign intelligence agencies of the Russian Federation.
The content of regulatory legal acts on the use of covert methods and means of intelligence activities constitutes a state secret. Ensuring their own security is carried out by the foreign intelligence agencies of the Russian Federation in accordance with the Federal Law «On Operational Investigative Activities».
Article 14. Provision of Intelligence Information
Intelligence information is provided to the President of the Russian Federation, the chambers of the Federal Assembly, the Government of the Russian Federation and federal executive and judicial bodies, enterprises, institutions and organizations determined by the President of the Russian Federation. Intelligence information may also be provided to federal executive bodies that are part of the security forces of the Russian Federation. The heads of the foreign intelligence agencies of the Russian Federation bear personal responsibility to the President of the Russian Federation for the reliability, objectivity of intelligence information and the timeliness of its provision.
The heads and other officials of federal legislative, executive and judicial bodies, enterprises, institutions and organizations, members of the Federation Council and deputies of the State Duma, who are provided with intelligence information, bear responsibility established by federal law for disclosing the information contained therein that constitutes a state secret or reveals the sources of the said information.
Article 15. Principles and forms of interaction between foreign intelligence agencies
The Russian Federation among themselves, the foreign intelligence agencies of the Russian Federation with federal executive bodies carrying out counterintelligence activities, and federal state security agencies of the Russian Federation, as well as with the intelligence and counterintelligence services of foreign states. The principles and forms of interaction of the foreign intelligence agencies of the Russian Federation both among themselves and with federal executive bodies carrying out counterintelligence activities, and federal state security agencies of the Russian Federation are determined by the legislation of the Russian Federation and agreements concluded on its basis.
Relations between the foreign intelligence agencies of the Russian Federation and the intelligence and counterintelligence services of foreign states are established on the basis of international treaties of the Russian Federation, including interdepartmental treaties. Within the framework of the established relations, official representatives of the foreign intelligence agencies of the Russian Federation are sent to foreign states in the manner determined by the President of the Russian Federation.
Article 16. Relationships between the foreign intelligence agencies of the Russian Federation and federal executive bodies, enterprises, institutions and organizations of the Russian Federation
Federal executive bodies shall assist the foreign intelligence agencies of the Russian Federation in carrying out their intelligence activities, if they are not related to a change in the main areas of activity of the said federal executive bodies. Reimbursement of expenses for the provision of such assistance shall be made from federal budget funds.
The procedure for interaction between the foreign intelligence agencies of the Russian Federation and federal executive bodies in matters related to assistance to the foreign intelligence agencies of the Russian Federation in carrying out intelligence activities shall be determined by the President of the Russian Federation. The terms of relations between the foreign intelligence agencies of the Russian Federation and federal executive bodies, enterprises, institutions and organizations of the Russian Federation shall be established by relevant agreements.
Chapter III. Legal status and social protection of employees of the foreign intelligence agencies of the Russian Federation and persons providing assistance to these agencies
Article 17. Employees of the foreign intelligence agencies of the Russian Federation
The employees of the foreign intelligence agencies of the Russian Federation are military personnel and employees of the regular staff and non-regular military personnel, employees and workers who have voluntarily entered military service or work in these agencies, respectively. An employee of the foreign intelligence agencies of the Russian Federation may be a citizen of the Russian Federation who is capable, based on his professional qualities, age, education and health, of fulfilling the duties assigned to him.
The military personnel of the foreign intelligence agencies of the Russian Federation are subject to the federal laws governing military service, taking into account the features established by this Federal Law and other federal laws, due to the specifics of the functions performed by the said military personnel. Military service in the foreign intelligence agencies of the Russian Federation is carried out by conscription and under contract. Contracts are concluded with military personnel serving on the territory of the Russian Federation in the manner established by the Law of the Russian Federation «On Military Duty and Military Service». The procedure for concluding contracts with students of higher educational institutions of the foreign intelligence agencies of the Russian Federation and with military personnel seconded outside the territory of the Russian Federation, and the content of these contracts are established by departmental regulatory legal acts. In this case, financial liability of the parties for failure to fulfill the terms of the contract may be provided.
The maximum age for military service of a serviceman of the personnel of the foreign intelligence agencies of the Russian Federation shall be established by the head of an independent agency of the foreign intelligence agencies of the Russian Federation, or the head of the federal executive body, the structure of which includes the agency of the foreign intelligence agencies of the Russian Federation, in the manner determined by the President of the Russian Federation, but may not be less than the maximum age established by federal law. The rights, obligations and benefits stipulated by the labor legislation of the Russian Federation shall apply to employees and workers of the foreign intelligence agencies of the Russian Federation. The personnel and military personnel of the foreign intelligence agencies of the Russian Federation may not be members of public associations pursuing political goals. Employees who are not part of the personnel of the foreign intelligence agencies of the Russian Federation and workers of the foreign intelligence agencies of the Russian Federation may not create public associations pursuing political goals.
Article 18. Personnel of the Foreign Intelligence Agencies of the Russian Federation
The personnel of the foreign intelligence agencies of the Russian Federation shall include military personnel and employees of the foreign intelligence agencies of the Russian Federation appointed to the relevant positions, whose functional responsibilities are directly related to the implementation of intelligence activities. The list of positions of the personnel shall be determined by the regulations on the relevant foreign intelligence agency of the Russian Federation.
Information about the affiliation of specific individuals with the personnel of the foreign intelligence agencies of the Russian Federation, including employees dismissed from these agencies, constitutes a state secret and may be made public only with the sanction of the head of the foreign intelligence agency of the Russian Federation, and in cases not related to official necessity, and with the mandatory written consent of these individuals. In order to perform their functional duties, employees of the personnel of the foreign intelligence agencies of the Russian Federation may, in accordance with the requirements of this Federal Law, without disclosing their affiliation with the foreign intelligence agencies of the Russian Federation, hold positions in federal executive bodies at enterprises, institutions and organizations.
Officials of the said federal executive bodies, enterprises, institutions and organizations bear responsibility established by federal laws for disclosing information about the affiliation of these employees with the foreign intelligence agencies of the Russian Federation. Employees of the personnel of the foreign intelligence agencies of the Russian Federation are prohibited from taking covert participation in the activities of legislative (representative) or judicial authorities, as well as public associations and religious organizations in the Russian Federation for the purpose of influencing the nature of their activities. Employees of the personnel of the foreign intelligence agencies of the Russian Federation do not have the right, unless it is caused by official necessity, to engage in other paid activities on a part-time basis, with the exception of teaching, scientific and other creative activities carried out with the consent of the head of the relevant foreign intelligence agency of the Russian Federation.
Article 19. Persons providing confidential assistance to the foreign intelligence agencies of the Russian Federation
In order to achieve the goals of intelligence activities, the foreign intelligence agencies of the Russian Federation may establish, on a gratuitous or reimbursable basis, cooperative relations with adult, capable persons who have voluntarily agreed to provide confidential assistance to the foreign intelligence agencies of the Russian Federation. The procedure for relations with such persons is determined by the regulatory legal acts of the foreign intelligence agencies of the Russian Federation.
The foreign intelligence agencies of the Russian Federation do not have the right to seek confidential assistance from members of the Federation Council, deputies of the State Duma, deputies of legislative (representative) bodies of the subjects of the Russian Federation, judges of the courts of the Russian Federation and prosecutors of all levels in the Russian Federation, clergy and authorized representatives of religious organizations officially registered in the Russian Federation.
Information about persons providing (who provided) confidential assistance to the foreign intelligence agencies of the Russian Federation constitutes a state secret and is not subject to declassification due to the expiration of the maximum permissible period for classifying information constituting a state secret. Access to this information is only available to the head and employees of the relevant foreign intelligence agency of the Russian Federation authorized by him. In order to ensure the safety of persons providing (who provided) confidential assistance to the foreign intelligence agencies of the Russian Federation and their family members, measures may be taken to protect them that do not violate the rights and legitimate interests of other persons. The procedure for conducting such measures is determined by the President of the Russian Federation.
Article 20. Legal status of employees of the foreign intelligence agencies of the Russian Federation
Employees of the foreign intelligence agencies of the Russian Federation bear the duties and have the rights provided for by the legislation of the Russian Federation for citizens of the Russian Federation, with the exception of restrictions established by federal laws. Military personnel, employees and workers of the foreign intelligence agencies of the Russian Federation are under the protection of the state. No one, with the exception of agencies and officials directly authorized to do so by federal laws, has the right to interfere in the official activities of employees of the foreign intelligence agencies of the Russian Federation.
The protection of life and health, honor and dignity, as well as property of employees of the foreign intelligence agencies of the Russian Federation and members of their families from unlawful attacks and threats in connection with the implementation of intelligence activities is ensured by the foreign intelligence agencies of the Russian Federation in the manner established by federal laws. The status of an employee of the foreign intelligence agency of the Russian Federation may not be used for purposes incompatible with his functional duties.
Article 21. Responsibility of employees of the foreign intelligence agencies of the Russian Federation for offenses
An employee of the foreign intelligence agency of the Russian Federation shall be held liable for the offense committed in accordance with federal laws. Belonging to the foreign intelligence agency of the Russian Federation and involvement in the implementation of intelligence activities shall not exempt an employee of the foreign intelligence agency of the Russian Federation from liability under federal laws.
Article 22. Social protection of employees of the foreign intelligence agencies of the Russian Federation and members of their families
Social protection of employees of the foreign intelligence agencies of the Russian Federation and members of their families is guaranteed by federal laws. All employees of the personnel of these agencies are subject to mandatory state personal insurance at the expense of the federal budget in the amount of their fifteen-year salary. Harm caused to the health of an employee of the personnel of the foreign intelligence agency of the Russian Federation or a member of his family in connection with the implementation of intelligence activities is compensated in full at the expense of the federal budget.
From these same funds, the said persons are paid a one-time benefit in the amount of their annual to seven-year salary, established on the day of accrual of the benefit, depending on the degree of loss of working capacity. In the event of the death of an employee of the personnel of the foreign intelligence agency of the Russian Federation or a member of his family in connection with the implementation of intelligence activities, the state pays the costs of preparation for transportation and transportation of the remains to the burial site specified in the will or indicated by close relatives (in their absence — the leadership of the foreign intelligence agency of the Russian Federation), as well as the costs of burying the remains of the employee of the foreign intelligence agency of the Russian Federation.
The family of the deceased is paid a one-time benefit in the amount of fifteen years of his salary, established on the day of accrual of the benefit. In addition, the family of the deceased enjoys benefits when resolving issues of social and domestic support in the manner established by federal laws. The state is obliged to fully facilitate the unconditional release of an employee of the personnel of the foreign intelligence agency of the Russian Federation and members of his family detained, arrested or convicted outside the territory of the Russian Federation in connection with the implementation of intelligence activities.
In the event of a full or partial loss of professional suitability by an employee of the personnel of the foreign intelligence agency of the Russian Federation as a result of his decryption or for other reasons beyond his control, the foreign intelligence agency of the Russian Federation is obliged to employ the said employee or create conditions for his professional retraining, including compensation for the associated expenses. Property damage caused to an employee of the personnel of the foreign intelligence agency of the Russian Federation and members of his family in connection with the implementation of intelligence activities shall be compensated by the state at the expense of the federal budget in accordance with the civil legislation of the Russian Federation.
In the event that employees of the foreign intelligence agencies of the Russian Federation who are not part of the regular staff are involved in the performance of one-time intelligence missions and the consequences listed in parts three to seven of this article occur in connection with this, the said employees shall be entitled to the rights, benefits and privileges provided for regular employees of the foreign intelligence agencies of the Russian Federation.
Article 23. Social protection of a person providing (who provided) confidential assistance to a foreign intelligence agency of the Russian Federation
A person who provides (has provided) confidential assistance to a foreign intelligence agency of the Russian Federation and who is not a citizen of the Russian Federation may, upon his/her application, be admitted to citizenship of the Russian Federation in the manner established by federal laws. The period of cooperation of a person admitted to citizenship of the Russian Federation with a foreign intelligence agency of the Russian Federation shall be included in his/her work record. Social protection of such a person shall be carried out in accordance with parts three to seven of Article 22 of this Federal Law. Social protection of a person who provides (has provided) confidential assistance to a foreign intelligence agency of the Russian Federation and who is not a citizen of the Russian Federation shall be carried out in the manner established by the President of the Russian Federation.
Chapter IV. Control and Supervision over the Activities of the Foreign Intelligence Agencies of the Russian Federation
Article 24. Parliamentary Control over the Activities of the Foreign Intelligence Agencies of the Russian Federation
Parliamentary control over the activities of the foreign intelligence agencies of the Russian Federation is carried out in the manner established by federal laws, as well as by checking by the Accounts Chamber of the Russian Federation the execution of the estimates of expenses for the maintenance of the foreign intelligence agencies of the Russian Federation approved by the State Duma and the Federation Council. For these purposes, a special group from among its members is created in the Accounts Chamber of the Russian Federation. The said group has the right to request documents from the foreign intelligence agencies of the Russian Federation on issues of execution of expense estimates, to hear reports from the heads of the foreign intelligence agencies of the Russian Federation on these issues at its closed meetings. The relations of the chambers of the Federal Assembly with the foreign intelligence agencies of the Russian Federation are carried out through the relevant committees (subcommittees) created by each of the chambers.
The members of the said committees (subcommittees) and the special group of the Accounts Chamber of the Russian Federation, the employees of their offices have the right to begin performing their duties to carry out the functions stipulated by this article only after obtaining clearance to information constituting a state secret in the manner prescribed by the Law of the Russian Federation «On State Secrets». Members of the Federation Council and deputies of the State Duma receive information about the foreign intelligence agencies of the Russian Federation exclusively through the relevant committees (subcommittees) of the chambers of the Federal Assembly. The actions of members of the Federation Council and deputies of the State Duma, the employees of the offices of the chambers of the Federal Assembly must not create a threat of disclosure of information about persons providing (provided) confidential assistance to the foreign intelligence agencies of the Russian Federation, about the affiliation of specific persons to the personnel of the foreign intelligence agencies of the Russian Federation, as well as about the methods and means used by these agencies.
Article 25. Prosecutor's supervision
Supervision over the execution of federal laws by the foreign intelligence agencies of the Russian Federation is carried out by the Prosecutor General of the Russian Federation and prosecutors authorized by him. Information about persons providing (who provided) confidential assistance to the foreign intelligence agencies of the Russian Federation, as well as about the organization, methods and means of implementing the activities of the foreign intelligence agencies of the Russian Federation, are not included in the subject of prosecutorial supervision.
Chapter V. Final Provisions
Article 26. Entry into Force of This Federal Law
This Federal Law shall enter into force on the date of its official publication. Upon entry into force of this Federal Law, the following legislative acts of the Russian Federation shall be deemed to have lost force: 1) the Law of the Russian Federation «On Foreign Intelligence» (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, No. 32, Art. 1869); 2) the Resolution of the Supreme Soviet of the Russian Federation of July 8, 1992 «On the Entry into Force of the Law of the Russian Federation «On Foreign Intelligence» (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, No. 32, Art. 1870). To propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their regulatory legal acts into conformity with this Federal Law.
President of the Russian Federation B. Yeltsin
Moscow, House of Soviets of Russia
January 10, 1996
N 5-FZ