Resolution of the Government of the Russian Federation On licensing the activities of enterprises, institutions and organizations to carry out work related to the use of information constituting a state secret, the creation of information protection tools…..
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
of April 15, 1995 N 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 protecting information, as well as the implementation of measures and (or) the provision of services for the protection of state secrets
In accordance with the Law of the Russian Federation «On State Secrets» and in order to establish the procedure for admitting enterprises, institutions and organizations to carry out work related to the use of information constituting a state secret, the creation of means of protecting information, as well as the implementation of measures and (or) the provision of services to protect state secrets, the Government of the Russian Federation decrees:
1. To approve the Regulation 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) the provision of services for the protection of state secrets (attached).
2. Establish that the fee for reviewing applications for issuing licenses for work related to the use of information constituting a state secret, the creation of information protection tools, as well as the implementation of measures and (or) the provision of services to protect state secrets, is 10 minimum wages. The amounts received from reviewing the application and issuing the license shall go to the federal budget, at the expense of which the body authorized to carry out licensing activities is maintained.
3. The Federal Security Service of the Russian Federation, the State Technical Commission under the President of the Russian Federation, the Federal Agency for Government Communications and Information under the President of the Russian Federation, the Foreign Intelligence Service of the Russian Federation, together with interested ministries and departments of the Russian Federation, shall, within 3 months, develop a set of organizational, logistical and other measures necessary for licensing the activities of enterprises, organizations and institutions to carry out work related to the use of information constituting a state secret.
4. To establish that enterprises, institutions and organizations admitted at the time of adoption of this resolution to work related to the use of information constituting a state secret may carry out this work during 1995.
Chairman of the Government of the Russian Federation V. Chernomyrdin
REGULATION
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 protecting information, as well as the implementation of measures and (or) the provision of services to protect state secrets
1. These Regulations establish the procedure for licensing the activities of enterprises, institutions and organizations, regardless of their organizational and legal forms (hereinafter referred to as «enterprises») 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) the provision of services to protect state secrets.
A license is an official document that permits the implementation of a specific type of activity under certain conditions for a specified period. The license is valid throughout the territory of the Russian Federation, as well as in institutions of the Russian Federation located abroad.
2. The bodies authorized to carry out licensing activities are:
for admission of enterprises to work related to the use of information constituting a state secret, — the Federal Security Service of the Russian Federation and its territorial bodies (on the territory of the Russian Federation), the Foreign Intelligence Service of the Russian Federation (abroad);
for the right to carry out work related to the creation of information security tools, — State Technical Commission under the President of the Russian Federation, Federal Agency for Government Communications and Information under the President of the Russian Federation (within their competence);
for the right to carry out activities and (or) provide services in the field of protecting state secrets— The Federal Security Service of the Russian Federation and its territorial bodies, the Federal Agency for Government Communications and Information under the President of the Russian Federation, the State Technical Commission under the President of the Russian Federation, the Foreign Intelligence Service of the Russian Federation (within their competence).
Licensing of the activities of enterprises of the Federal Security Service of the Russian Federation, the Ministry of Defense of the Russian Federation, the Federal Agency for Government Communications and Information under the President of the Russian Federation, the Federal Border Service of the Russian Federation, the Foreign Intelligence Service of the Russian Federation, the State Technical Commission under the President of the Russian Federation for admission to work related to the use of information constituting a state secret, is carried out by the heads of the ministries and departments of the Russian Federation to which the said enterprises are subordinate.
3. The body authorized to carry out licensing activities is responsible for:
organizing the licensing of enterprises;
organizing and conducting special examinations of enterprises;
review of applications from enterprises for licenses;
making decisions on issuing or refusing to issue licenses;
issuing licenses;
making decisions on suspending or revoking a license;
developing regulatory and methodological documents on licensing issues;
involving, if necessary, representatives of ministries and departments of the Russian Federation to conduct special examinations;
maintaining a register of issued, suspended and revoked licenses.
4. The work of the bodies authorized to carry out licensing activities is coordinated by the Interdepartmental Commission for the Protection of State Secrets (hereinafter referred to as the Interdepartmental Commission)*.
* The functions of the Interdepartmental Commission, in accordance with the Decree of the President of the Russian Federation of March 30, 1994 N 614, are temporarily assigned to the State Technical Commission under the President of the Russian Federation.
5. To obtain a license, the applicant shall submit to the relevant body authorized to carry out licensing activities:
a) an application for a license indicating:
the name and legal form, legal address of the enterprise, its bank account number;
the type of activity for which the license must be issued;
the license validity period;
b) copies of constituent documents (with presentation of originals, if the copies are not certified by a notary);
c) a copy of the certificate of state registration of the enterprise;
d) copies of documents confirming the right of ownership, the right of full economic management and (or) a lease agreement for the property necessary for conducting the declared type of activity;
d) a certificate of registration with the tax authority;
e) a document confirming payment for consideration of the application.
The applicant is responsible for the accuracy of the information provided.
All documents submitted to obtain a license are registered by the body authorized to conduct licensing activities.
6. The body authorized to conduct licensing activities makes a decision on issuing or refusing to issue a license within 30 days from the date of receipt of the application with all necessary documents.
If it is necessary to conduct an additional examination of the enterprise, the decision is made within 15 days after receiving the expert opinion, but no later than 60 days from the date of filing the application for a license and the documents required for this.
Depending on the complexity and volume of materials subject to special examination, the head of the body authorized to conduct licensing activities may extend the period for making a decision on issuing or refusing to issue a license up to 30 days.
7. Licenses are issued based on the results of special examinations of enterprises and state certification of their managers responsible for the protection of information constituting a state secret (hereinafter referred to as «managers of enterprises»), and subject to the following conditions:
compliance with the requirements of legislative and other regulatory acts of the Russian Federation to ensure the protection of information constituting a state secret in the process of performing work related to the use of said information;
the presence in the structure of the enterprise of a department for the protection of state secrets and the required number of specially trained employees to work on information protection, whose level of qualification is sufficient to ensure the protection of state secrets;
the presence at the enterprise of information protection tools that have a certificate certifying their compliance with the requirements for the protection of information of the corresponding level of secrecy.
8. The license shall indicate:
the name of the body that issued it;
name and legal address of the enterprise that received it; type of activity for which the license was issued;
conditions for carrying out this type of activity; license validity period;
its registration number and date of issue.
The validity period of the license is determined depending on the specifics of the type of activity, but cannot be less than three or more than five years.
At the request of the applicant, licenses may be issued for a period of less than three years.
The license term is extended in accordance with the procedure established for obtaining it.
A separate license is issued for each type of activity. If the licensed activity is carried out at several territorially separate sites, the licensee is issued certified copies indicating the location of each site along with the license. Copies of licenses are registered by the body authorized to carry out licensing activities.
An enterprise may have licenses for several types of activities. Licenses are issued on forms that have a degree of protection corresponding to the degree of protection of a bearer security. License forms are strictly accountable documents and have an accounting series and number. The acquisition, accounting and storage of license forms is assigned to the bodies authorized to conduct licensing activities.
The license is issued after the applicant submits a document confirming its payment, the amount of which is equal to the cost of the license form. The license is signed by the head (deputy head) of the body authorized to carry out licensing activities, and certified by the seal of this body. A copy of the license is kept in the body authorized to carry out licensing activities.
Transfer of the license to another legal entity is prohibited.
In the event of reorganization of the enterprise that received the license, change of its location or name, loss of its license, it is obliged to submit an application for re-issuance of the license within 15 days.
The license is reissued in accordance with the procedure established for obtaining it.
Before the license is reissued, the licensee carries out activities on the basis of a previously issued license or a temporary permit issued by the body authorized to carry out licensing activities in the event of loss of the license.
9. The body authorized to carry out licensing activities has the right to refuse to issue a license. A written notice of refusal to issue a license, stating the reasons for the refusal, shall be sent to the applicant within 3 days after the relevant decision is made.
The grounds for refusal to issue a license are:
the presence of inaccurate or distorted information in the documents submitted by the applicant;
a negative expert opinion that has established non-compliance with the conditions necessary for carrying out the declared type of activity, specified in paragraph 7 of this Regulation; a negative opinion based on the results of state certification of the head of the enterprise.
10. A special examination of an enterprise is carried out by checking the fulfillment of the requirements of regulatory and methodological documents on the secrecy regime, counteracting foreign technical intelligence and protecting information from leakage through technical channels, as well as compliance with other conditions necessary for obtaining a license.
The state bodies responsible for organizing and conducting special examinations of enterprises are the Federal Security Service of the Russian Federation, the Federal Agency for Government Communications and Information and the President of the Russian Federation, the State Technical Commission under the President of the Russian Federation, the Foreign Intelligence Service of the Russian Federation, and other ministries and departments of the Russian Federation, the heads of which are vested with the authority to classify information regarding enterprises subordinate to them as a state secret.
The organization and procedure for conducting special examinations of enterprises are determined by instructions that are developed by the specified state bodies and agreed upon with the Interdepartmental Commission.
To conduct special examinations, these state bodies may create certification centers that receive licenses in accordance with the requirements of this Regulation.
Special examinations of certification centers are conducted by the Federal Security Service of the Russian Federation, the Federal Agency for Government Communications and Information under the President of the Russian Federation, the State Technical Commission under the President of the Russian Federation, the Foreign Intelligence Service of the Russian Federation and their local bodies (within their competence).
Special examinations are conducted on the basis of an agreement between the enterprise and the body conducting the special examination. The costs of conducting special examinations are charged to the enterprise.
11. State certification of heads of enterprises is organized by bodies authorized to conduct licensing activities, as well as by ministries and departments of the Russian Federation, the heads of which are vested with the authority to classify information regarding enterprises subordinate to them as state secrets.
Methodological recommendations for organizing and conducting state certification of heads of enterprises are developed by the Interdepartmental Commission.
Expenses for state certification of heads of enterprises are charged to the enterprises.
The heads of enterprises holding a certificate of completion of educational institutions authorized to train specialists in matters of protection of information constituting a state secret are exempt from state certification. The list of the said educational institutions is approved by the Interdepartmental Commission on the basis of a submission from the bodies authorized to conduct licensing activities.
12. The bodies authorized to carry out licensing activities shall suspend or revoke the license in the event of:
submission by the licensee of the relevant application;
discovery of inaccurate data in the documents submitted to obtain the license;
violation by the licensee of the terms of the license;
failure by the licensee to comply with the orders or instructions of state bodies or suspension by these state bodies of the enterprise's activities in accordance with the legislation of the Russian Federation;
liquidation of the enterprise.
The decision to suspend, renew or cancel a license is made by the body that issued the license.
The body authorized to conduct licensing activities, within 3 days from the date of the decision to suspend or cancel the license, notifies the licensee and the State Tax Service of the Russian Federation in writing. The license is suspended from the date the licensee receives the said notification.
After the license holder has been notified of its cancellation, it must be returned within 10 days to the issuing authority.
In the event of a change in the circumstances that led to the suspension of the license, the license may be renewed. The license is considered renewed after the body authorized to carry out licensing activities makes a corresponding decision, of which it notifies the licensee and the bodies of the State Tax Service of the Russian Federation no later than 3 days from the date of adoption.
13. The bodies authorized to carry out licensing activities shall submit quarterly information to the Interdepartmental Commission on issued and revoked licenses.
14. Control over compliance with license conditions by licensees performing work related to the use of information constituting a state secret, the creation of information protection tools, as well as the implementation of measures and (or) the provision of services to protect state secrets shall be carried out by the bodies authorized to carry out licensing activities.
15. The heads and officials of the bodies authorized to carry out licensing activities shall be liable for violation or improper execution of this Regulation in accordance with the legislation of the Russian Federation.
16. The decisions and actions of the bodies authorized to carry out licensing activities may be appealed in accordance with the established procedure.