On licensing of certain types of activities in the field of information security by the Federal Agency for Government Communications and Information under the President of the Russian Federation (memo for enterprises — applicants)..

On licensing of certain types of activities in the field of information security by the Federal Agency for Government Communications and Information under the President of the Russian Federation (memo for applicant enterprises).

Licensing in the field of information security is regulated by the Law of the Russian Federation «On Federal Agencies of Government Communications and Information» dated February 19, 1993 No. 4524-1, the Decree of the President of the Russian Federation dated April 3, 1995 No. 334 «On measures to ensure compliance with the law in the field of development, production, sale and operation of encryption tools, as well as the provision of services in the field of information encryption», decrees of the Government of the Russian Federation dated December 24, 1994 No. 1418 «On licensing certain types of activities» and dated April 15, 1995. No. 333 «On licensing the activities of enterprises, institutions and organizations in carrying out work 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) services to protect state secrets», «Regulations on state licensing of activities in the field of information protection», approved by the decision of the State Technical Commission of Russia and FAPSI dated April 27, 1994 No. 10.
Note.The above list of regulations is not complete, but at the same time it defines the purpose, principles, subject, content, organization and procedure for licensing activities in the field of information security.
To obtain a license, the applicant (legal entity) submits to FAPSI an application for a license, in which it specifies:
1. the name and organizational — legal form, legal address, bank account number and name of the relevant bank;
2. types of activities for which a license is requested;
3. validity period of the requested license
4. correspondence address (if different from the legal address)

The following documents are attached to the application:

copies of constituent documents (charter, agreement, etc.) and a certificate of state registration and, if they are not certified by a notary, presentation of the originals;
a document confirming payment for consideration of the application*)
a certificate from the tax authority on registration with a date of issue no earlier than 3 months before the application is submitted
a submission from a government body of the Russian Federation (with a recommendation or request for a license)

The types of activities are indicated in accordance with the attached «List of types of activities in the field of information protection subject to licensing by FAPSI».

The application is signed by the head of the applicant enterprise (or the person replacing him) with a signature transcript and certified by the main seal of the enterprise.

The application is submitted to the Director General of the Federal Agency for Government Communications and Information under the President of the Russian Federation.

The application is sent by mail to the address: 103031, Moscow, B. Kiselny per., Building 4.

The application will be accepted for consideration only if all the documents listed in this section are available.

The applicant is responsible for the accuracy of the information provided.

The established licensing procedure provides for mandatory special examination of the applicant in order to assess his/her ability to carry out work on the declared types of activities. Special examination is carried out by the expert commission of the certification center authorized (accredited) by FAPSI on the basis of the business agreement of the certification center with the applicant. The certification center, the list of information submitted by the expert commission, substantiating the presence of the necessary conditions for the applicant to carry out work on the declared types of activities, are communicated to the applicant after his/her application is accepted for consideration.
The import into the territory of the Russian Federation of foreign-made encryption devices, the export and import of encryption devices (including encryption equipment, parts for encryption equipment and encryption software packages), regulatory and technical documentation for encryption devices (including design and operational documentation) is regulated by the Decree of the President of the Russian Federation of April 3, 1995 No. 334 » On measures to ensure compliance with the law in the field of development, production, sale and operation of encryption tools, as well as the provision of services in the field of information encryption», by decrees of the Government of the Russian Federation of November 6, 1992 No. 854 «On licensing and quotas for the export and import of goods (works, services) on the territory of the Russian Federation», of December 10, 1992 No. 959 «On the supply of products and production waste, the free sale of which is prohibited», of April 15, 1994 No. 331 «On amendments and additions to the decrees of the Government of the Russian Federation of November 6, 1992». №854 «On licensing and quotas for the export and import of goods (works, services) on the territory of the Russian Federation», and of December 10, 1992 №959 «On the supply of products and production waste, the free sale of which is prohibited», of July 1, 1994 №758 «On measures to improve state regulation of the export of goods and services».
The export and import of encryption tools is carried out in a special procedure that provides for obtaining a license from the Ministry of Foreign Economic Relations for each specific batch of goods (s) based on the decision of FAPSI, which is adopted based on the results of the examination of technical documentation and/or product samples. At the same time, enterprises receiving a license for the export or import of encryption tools must have a FAPSI license for activities in the field of information security (sale, operation, installation, etc.).

Note. The above list of regulatory legal acts is not complete. But at the same time, it mainly determines the subject and procedure for licensing the export and import of encryption tools.

Consultations on licensing activities in the field of information security can be obtained by calling the Licensing and Certification Department of FAPSI (OLIS FAPSI) * (095) 144-6874.