Law of the Russian Federation of July 4, 1996 N 85-FZ On participation in international information exchange.

Law of the Russian Federation of July 4, 1996 N 85-FZ On Participation in International Information Exchange.

Law of the Russian Federation of July 4, 1996 N 85-FZ

«On Participation in International Information Exchange»

Adopted by the State Duma on June 5, 1996

Chapter I. General Provisions

Article 1. Objectives and Scope of this Federal Law

1. The objectives of this Federal Law are to create conditions for Russia's effective participation in international information exchange within the framework of a single global information space, to protect the interests of the Russian Federation, constituent entities of the Russian Federation and municipalities in international information exchange, to protect the interests, rights and freedoms of individuals and legal entities in international information exchange.

2. This Federal Law does not affect relations regulated by the Law of the Russian Federation «On Copyright and Related Rights».

International exchange of confidential information and mass information shall be carried out in the manner established by this Federal Law, other federal laws and other regulatory legal acts.

Article 2. Terms used in this Federal Law and their definitions

Documented information (document) — information recorded on a tangible medium with details allowing its identification.
Confidential information— documented information, access to which is restricted in accordance with the legislation of the Russian Federation.
Mass information — printed, audio messages, audiovisual and other messages and materials intended for an unlimited number of people.
Information resources— individual documents and individual document arrays, documents and document arrays in information systems (libraries, archives, collections, databases, other types of information systems).
Information products (output) — documented information prepared in accordance with user needs and intended or used to meet user needs.
Information services — actions of entities (owners and proprietors) to provide users with information products.
Owner of documented information, information resources, information products and (or) means of international information exchange— a subject exercising the powers of ownership, use, and disposal of the said objects to the extent established by law.
Owner of documented information, information resources, information products and (or) means of international information exchange— a subject exercising the powers of ownership, use and disposal of the specified objects to the extent established by the owner.
User (consumer) of information, means of international information exchange (hereinafter — user)— a subject who applies to an owner or holder to obtain the information products he needs or the opportunity to use international information exchange tools and who uses them.
Information processes — the processes of creating, collecting, processing, accumulating, storing, searching, distributing and consuming information.
International information exchange — the transfer and receipt of information products, as well as the provision of information services across the State Border of the Russian Federation.
International information exchange tools— information systems, networks and communication networks used in international information exchange.
Information sphere (environment) — the sphere of activity of subjects related to the creation, transformation and consumption of information.
Information security— the state of security of the information environment of society, ensuring its formation, use and development in the interests of citizens, organizations, the state.

Article 3. Objects and subjects of international information exchange

1. Objects of international information exchange: documented information, information resources, information products, information services, means of international information exchange.

2. The subjects of international information exchange in the Russian Federation may be: the Russian Federation, subjects of the Russian Federation, state authorities and local governments, individuals and legal entities of the Russian Federation, individuals and legal entities of foreign states, stateless persons.

Article 4. Responsibilities of the State in the Sphere of International Information Exchange

State authorities of the Russian Federation and state authorities of subjects of the Russian Federation:

create conditions for providing the Russian Federation, subjects of the Russian Federation, municipalities, individuals and legal entities of the Russian Federation with foreign information products and information services;
ensure timely and sufficient replenishment of state information resources of the Russian Federation with foreign information products;
promote the implementation of modern information technologies that ensure the effective participation of the Russian Federation, constituent entities of the Russian Federation, municipal entities, individuals and legal entities of the Russian Federation in international information exchange;
ensure the protection of state information resources of the Russian Federation, municipal and private information resources, Russian means of international information exchange and compliance with the legal regime of information;
stimulate the expansion of mutually beneficial international information exchange of documented information and protect the legitimate interests of the Russian Federation, subjects of the Russian Federation, municipalities, individuals and legal entities in the Russian Federation;
create conditions for the protection of domestic owners and holders of documented information, information resources, information products, means of international information exchange, users from low-quality and unreliable foreign information, unfair competition from individuals and legal entities of foreign states in the information sphere;
promote the development of trade relations in international information exchange.

Article 5. Participation of municipalities in international information exchange

1. Municipal entities participate in international information exchange as legal entities representing the interests of the population of municipal entities on issues related to the jurisdiction of local self-government.

The right to act on behalf of municipal entities on issues of international information exchange is vested in local self-government bodies within the framework of their powers established by regulatory legal acts determining the status of these bodies.

2. Municipal information services and mass media of municipal entities have the right to independently participate in international information exchange.

Chapter II. Legal regime of participation in international information exchange

Article 6. Ownership of information products and means of international information exchange

1. Documented information, information resources, information products, means of international information exchange are objects of property rights of owners and are included in the composition of their property.

Relationships related to the right of ownership of Russian information products and means of international information exchange are regulated by the civil legislation of the Russian Federation.

2. Relationships related to the right of ownership arising as a result of the provision or receipt of an information service are determined by an agreement between the owner or holder of information products and the user. The provision of an information service does not create for the user the right of authorship to the received documented information.

3. Information products are goods, if this does not contradict international treaties of the Russian Federation and the legislation of the Russian Federation.

Article 7. Documented information, the export of which from the Russian Federation is not limited

The export from the Russian Federation is not limited:

laws and other regulatory legal acts establishing the legal status of government bodies, local government bodies, organizations, public associations, as well as the rights, freedoms and obligations of citizens, the procedure for their implementation;
documents containing information on emergency situations, environmental, meteorological, demographic, sanitary-epidemiological and other information necessary to ensure the safe functioning of populated areas, industrial facilities, the safety of citizens of foreign states;
documents accumulated in open library collections and other types of information systems;
mass media and other information in accordance with the legislation of the Russian Federation.

Article 8. Restrictions on the implementation of international information exchange

1. The export from the Russian Federation of documented information classified as:

state secret or other confidential information;
all-Russian national heritage;
archival fund;
other categories of documented information, the export of which may be restricted by the legislation of the Russian Federation.

The possibility of exporting such documented information from the territory of the Russian Federation is determined by the Government of the Russian Federation in each individual case.

These restrictions also apply to the movement of documented information from the territory of the Russian Federation when providing access to users located outside the territory of the Russian Federation to information systems and networks located on the territory of the Russian Federation.

2. The right to import into the territory of the Russian Federation foreign information products that may be used to carry out activities or trades prohibited by the legislation of the Russian Federation or other illegal actions is granted to legal entities authorized by the Government of the Russian Federation.

3. The owner or holder of documented information, information resources, information products, and means of international information exchange has the right to appeal to the court the actions of officials to restrict international information exchange if, in his opinion, these actions are not justified and violate his rights.

Article 9. Use of means of international information exchange

1. International information exchange tools are used on the territory of the Russian Federation only at the express will of their owner or a person authorized by them.

2. The protection of confidential information by the state extends only to those activities on international information exchange that are carried out by individuals and legal entities that have a license to work with confidential information and use certified international information exchange tools.

The issuance of certificates and licenses is entrusted to the Committee under the President of the Russian Federation for Informatization Policy, the State Technical Commission under the President of the Russian Federation, and the Federal Agency for Government Communications and Information under the President of the Russian Federation.

The procedure for issuing certificates and licenses is established by the Government of the Russian Federation.

3. Upon detection of abnormal operating modes of international information exchange facilities, i.e. the occurrence of erroneous commands, as well as commands caused by unauthorized actions of service personnel or other persons, or false information, the owner or holder of these facilities must promptly notify the authorities supervising the implementation of international information exchange and the owner or holder of the interacting international information exchange facilities, otherwise he/she shall be liable for the damage caused.

4. The requirements of this article shall apply to communication networks in the part that does not contradict the Federal Law «On Communications».

Article 10. Inclusion of information systems and networks in the international information exchange facilities

1. Inclusion of information systems and networks in the international information exchange facilities is carried out in the presence of an international code. The procedure for obtaining an international code is established by the Government of the Russian Federation.

2. Inclusion in the international information exchange facilities of state information systems and networks for which special rules for access to information resources have been established shall be carried out with the permission of the State Technical Commission under the President of the Russian Federation and the Federal Agency for Government Communications and Information under the President of the Russian Federation.

Article 11. Replenishment of state information resources of the Russian Federation through international information exchange

The procedure for determining the composition of documented information imported into the territory of the Russian Federation to replenish the state information resources of the Russian Federation (including purchased documented information), the procedure for its acquisition (including procurement), the procedure for its use shall be established by the Government of the Russian Federation.

Article 12. Access to means of international information exchange and foreign information products

1. Access of individuals and legal entities in the Russian Federation to means of international information exchange and foreign information products is carried out according to the rules established by the owner or holder of these means and products in accordance with the legislation of the Russian Federation. The owner or holder of means of international information exchange and information products is obliged to ensure the openness of the rules of access established by him and the possibility of familiarization of the user with them.

2. Denial of access to international information exchange facilities and foreign information products may be appealed to the courts of the Russian Federation if the owner or holder of the given international information exchange facility and information products is under the jurisdiction of the Russian Federation, or to international commercial arbitration.

3. Access to communication networks is carried out in accordance with the Federal Law «On Communications».

Article 13. Prevention of Monopolization in International Information Exchange

Prevention and suppression of monopolistic activity and unfair competition in the sphere of international information exchange are carried out by the federal antimonopoly authority in accordance with the legislation of the Russian Federation.

Article 14. Ensuring the protection of citizens, legal entities in the Russian Federation and the state from unreliable, false foreign documented information

1. The dissemination of unreliable, false foreign documented information obtained as a result of international exchange on the territory of the Russian Federation is not permitted.

2. Responsibility for the dissemination of such information shall be assigned to the subject of international information exchange that has received such information and (or) disseminates it on the territory of the Russian Federation.

Article 15. Coordination of activities in the field of international information exchange

Coordination of activities in the field of international information exchange is carried out by the Committee under the President of the Russian Federation on Informatization Policy in the manner established by the legislation of the Russian Federation.

Chapter III. Control and responsibility in the implementation of international information exchange

Article 16. Control over the implementation of international information exchange

Federal executive bodies and executive bodies of the constituent entities of the Russian Federation shall control the implementation of international information exchange within the limits of their competence, as determined by the legislation of the Russian Federation.

Article 17. Certification of information products, information services, and means of international information exchange

1. When importing information products and information services into the Russian Federation, the importer shall submit a certificate guaranteeing the compliance of these products and services with the requirements of the contract.

In case of impossibility of certification of information products and information services imported into the territory of the Russian Federation, the risk for the use of these products and services lies with the importer.

2. International information exchange facilities that process documented information with limited access, as well as the means of protecting these facilities, are subject to mandatory certification.

3. Certification of communication networks is carried out in the manner determined by the Federal Law «On Communications».

Article 18. Licensing of activities on international information exchange

Activities on international information exchange in the Russian Federation are subject to licensing in cases where, as a result of these activities, state information resources are exported outside the territory of the Russian Federation or documented information is imported into the territory of the Russian Federation to replenish state information resources at the expense of the federal budget or the budgets of the constituent entities of the Russian Federation, if this does not contradict international treaties of the Russian Federation and the legislation of the Russian Federation. The licensing procedure is determined by the Government of the Russian Federation.

Article 19. Suspension of international information exchange

In the event of illegal actions during the implementation of international information exchange by the bodies specified in Article 16 of this Federal Law, international information exchange may be suspended at any stage for a period of up to two months.

The actions of these bodies to suspend international information exchange may be appealed in court.

The liability of the parties for failure to comply with agreements on international information exchange as a result of the suspension of international information exchange is determined in accordance with international treaties of the Russian Federation and the legislation of the Russian Federation.

Article 20. Liability for violations in international information exchange

For illegal actions during the implementation of international information exchange, individuals and legal entities of the Russian Federation, individuals and legal entities of foreign states, and stateless persons on the territory of the Russian Federation bear civil, administrative, or criminal liability in accordance with the legislation of the Russian Federation.

Article 21. Disputes

Disputes arising during international information exchange may be considered in a court, arbitration court, or arbitration tribunal in accordance with their competence.

Chapter IV. Final Provisions

Article 22. Entry into Force of This Federal Law

This Federal Law shall enter into force on the day of its official publication.

Article 23. Bringing Regulatory Legal Acts into Conformity with This Federal Law

1. To propose to the President of the Russian Federation to bring the regulatory legal acts issued by him into conformity with this Federal Law.

2. To instruct the Government of the Russian Federation:

to bring the regulatory legal acts issued by it into conformity with this Federal Law;
to prepare and submit to the State Duma of the Federal Assembly of the Russian Federation, within three months from the date of entry into force of this Federal Law in the established manner, proposals for amendments and additions to the legislation of the Russian Federation in connection with the adoption of this Federal Law;
to adopt regulatory legal acts ensuring the implementation of this Federal Law.

3. The state authorities of the constituent entities of the Russian Federation shall bring their regulatory legal acts into conformity with this Federal Law within three months from the date of its entry into force.

President of the Russian Federation B. YELTSIN

Moscow, the Kremlin.
July 4, 1996.

N 85-FZ