Resolution of the Government of the Russian Federation of August 2, 1997 No. 973 On approval of the Regulation on preparation for the transfer of information constituting a state secret to other states.

Resolution of the Government of the Russian Federation of August 2, 1997 N 973 On approval of the Regulation on preparation for the transfer of information constituting a state secret to other states.

RF Government Resolution of August 2, 1997 N 973

«On Approval of the Regulation on Preparation for Transfer of Information Constituting a State Secret to Other States»

 

In accordance with the Law of the Russian Federation «On State Secrets», the Government of the Russian Federation resolves: To approve the attached Regulation on the preparation for the transfer of information constituting a state secret to other states.

Chairman of the Government of the Russian Federation          V. Chernomyrdin

Regulation
on the preparation for the transfer of information constituting
a state secret to other states
(approved by RF Government Resolution of August 2, 1997 N 973)

1. This Regulation defines the procedure for the preparation and submission by federal executive bodies and executive bodies of the constituent entities of the Russian Federation to the Government of the Russian Federation of materials for making a decision on the transfer of information constituting a state secret (hereinafter referred to as «information») to other states. The Regulation is mandatory for execution by federal executive bodies, executive bodies of the constituent entities of the Russian Federation, enterprises, institutions and organizations regardless of their organizational and legal form, officials and citizens of the Russian Federation who have assumed obligations or are obliged by their status to comply with the requirements of the legislation of the Russian Federation on state secrets.
2. Transfer of information to other states means the communication to a foreign state (a representative authorized by the state) by any means (transfer, forwarding, familiarization, access) of the specified information.
3. The transfer of information in each individual case is carried out by decision of the Government of the Russian Federation in the presence of an expert opinion of the Interdepartmental Commission for the Protection of State Secrets (hereinafter referred to as the Interdepartmental Commission) on the possibility of transferring this information.
4. The obligations of the receiving party to protect the information transferred to it are stipulated in the international agreement* concluded with it, the sections (articles, clauses) of which must contain: the correlation of the secrecy levels of the information transferred in the Russian Federation and in the foreign state; a list of competent bodies authorized to receive (transmit) information and responsible for its protection; the procedure for the transfer of information; requirements for the use and processing of the information transferred; obligations not to disseminate the information transferred to third countries and to protect it in accordance with the domestic legislation of the receiving party; the procedure for resolving conflict situations and compensating for possible damage.
5. Federal executive bodies, executive bodies of constituent entities of the Russian Federation, enterprises, institutions and organizations interested in the transfer of information shall send to the heads of government bodies authorized to dispose of information a reasoned petition setting out: the purpose of the transfer; a list of information planned for transfer, its level of secrecy, by whom and on what grounds it was classified (classified as a state secret); a list of competent bodies authorized by the receiving party to receive information; justification of the need and expediency of transferring information, an assessment of the consequences of such transfer for ensuring the political and economic interests of the Russian Federation; the proposed procedure for compensation for damages in the event of failure by the receiving party to fulfill its obligations. The government body that receives the reasoned petition shall study the possibility of transferring the requested information and shall communicate its decision to the applicant within one month.
6. The applicant shall submit a reasoned petition, a decision of state authorities whose heads are empowered to dispose of information, as well as international treaties and other documents directly related to the protection of the information being considered for transfer, to the Interdepartmental Commission for the preparation of an expert opinion.
7. The expert opinion of the Interdepartmental Commission, containing a conclusion on the possibility of transferring information taking into account the interests of the Russian Federation, is sent to the applicant within 45 days from the date of receipt of the materials specified in paragraph 6 of this Regulation. If additional examination is required, the period for preparing the expert opinion may be extended, which is communicated to the applicant.
8. The federal executive bodies whose heads are vested with the authority to dispose of information, and the executive bodies of the constituent entities of the Russian Federation, at the request of the applicant organization, shall submit a draft resolution of the Government of the Russian Federation with the expert opinion of the Interdepartmental Commission in the established manner to the Government of the Russian Federation. In the event that an international treaty on mutual protection of transferred information has not previously been concluded with the foreign state receiving the information, or if the rules set forth in paragraph 4 of this Regulation are not fully reflected in the previously concluded international treaty, proposals for concluding a relevant international treaty or supplementing the current one, previously worked out with the receiving party and agreed upon with the interested federal executive bodies, shall be submitted to the Government of the Russian Federation simultaneously with the draft resolution on the transfer of information. In the event that the state receiving the information refuses to conclude an international treaty on mutual protection of transferred information, the materials submitted to the Government of the Russian Federation must contain information on the previously assumed obligations and guarantees of the receiving party to ensure the protection of the transferred information and the non-dissemination of the transferred information to third countries.
9. Based on the decision of the Government of the Russian Federation, in accordance with the procedures stipulated by the international treaty and applicable regulatory legal acts, the actual transfer of information is carried out. Additional measures to protect the transferred information may be provided for in agreements or contracts concluded (signed) by competent authorities authorized to receive (transfer) information.
10. The heads of federal executive bodies, executive bodies of the constituent entities of the Russian Federation, enterprises, institutions and organizations authorized by the Government of the Russian Federation to transfer information to other states shall be liable for violation or improper execution of this Regulation in accordance with the legislation of the Russian Federation.

* An international treaty in this Regulation means an international agreement, regardless of its specific name, concluded by the Russian Federation in accordance with the Federal Law «On International Treaties of the Russian Federation».