Decree of the Government of the Russian Federation of August 2, 1997 N 973 On approval of the Regulations on preparation for the transfer of information constituting state secrets to other states.

Апр 27, 2024
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Decree of the Government of the Russian Federation of August 2, 1997 N 973 On approval of the Regulations on preparation for the transfer of information constituting state secrets to other states

Resolution of the Government of the Russian Federation of August 2, 1997 N 973

«On approval of the Regulations on preparation for the transfer of information constituting state secrets to other states»

 

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

Chairman of the Government of the Russian Federation          V. Chernomyrdin

Regulation
on preparation for the transfer of information constituting
state secrets to other states
(approved by Decree of the Government of the Russian Federation of August 2, 1997 N 973)

  1. This Regulation determines the procedure for the preparation and submission by federal executive authorities and executive authorities of 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 provision is mandatory for execution by federal executive authorities, executive authorities of 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 undertaken obligations or are obliged by their status to fulfill the requirements of the legislation of the Russian Federation Federation on state secrets.
  2. The transfer of information to other states means bringing the specified information to a foreign state (a representative authorized by the state) in any way (transfer, forwarding, familiarization, access).
  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 provided for in the international agreement concluded with it*, the sections (articles, clauses) of which must contain: correlation of the degrees of secrecy of the transferred information in the Russian Federation and in a foreign state; a list of competent authorities authorized to receive (transmit) information and responsible for their protection; procedure for transmitting information; requirements for the use and processing of transmitted information; obligations on non-distribution of transferred information to third countries and their protection in accordance with the domestic legislation of the receiving party; procedure for resolving conflict situations and compensation for possible damage.
  5. Federal executive authorities, executive authorities of constituent entities of the Russian Federation, enterprises, institutions and organizations interested in transferring information shall send to the heads of government bodies vested with the authority to dispose of information a reasoned petition, which sets out: the purpose of the transfer; a list of information planned for transfer, its degree of secrecy, by whom and on what basis it was classified (classified as a state secret); list of competent authorities authorized by the receiving party to receive information; justification of the need and expediency of transfer of information, assessment of the consequences of such transfer for ensuring the political and economic interests of the Russian Federation; the proposed procedure for compensation for damage in the event of failure by the receiving party to fulfill its obligations. The public authority that has received a reasoned petition examines the possibility of transferring the requested information and communicates its decision to the applicant within a month.
  6. The applicant submits a reasoned petition, a decision of public authorities whose heads are vested with the authority to dispose of information, as well as international treaties and other documents directly related to the protection of information 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 provided for in paragraph 6 of these Regulations. If it is necessary to conduct an additional examination, the period for preparing an expert opinion may be increased, which is reported to the applicant.
  8. Federal executive authorities, whose heads are vested with the authority to dispose of information, and executive authorities of the constituent entities of the Russian Federation, at the request of the applicant organization, a draft decision of the Government of the Russian Federation with the expert opinion of the Interdepartmental Commission are submitted in the prescribed manner to the Government of the Russian Federation. In the event that an international agreement on mutual protection of transferred information has not previously been concluded with a foreign state — the recipient of information, or if the rules set out in paragraph 4 of these Regulations are not fully reflected in the previously concluded international agreement, simultaneously with the draft decision on the transfer of information to the Government of the Russian Federation proposals on concluding a relevant international treaty or supplementing an existing one are presented, previously worked out with the receiving party and agreed upon with the interested federal executive authorities. If the state receiving the information refuses to conclude an international treaty on the mutual protection of transmitted information, the materials submitted to the Government of the Russian Federation must contain information about the previously assumed obligations and guarantees of the receiving party to ensure the protection of the information transmitted to it and the non-distribution of the transmitted information to third countries.
  9. Based on the decision of the Government of the Russian Federation in accordance with the procedures provided for by the international treaty and current regulatory legal acts, the actual transfer of information is carried out. Additional measures to protect transmitted information may be provided for in agreements or contracts concluded (signed) by competent authorities authorized to receive (transmit) information.
  10. Heads of federal executive authorities, executive authorities of constituent entities of the Russian Federation, enterprises, institutions and organizations authorized by the Government of the Russian Federation to transfer information to other states are responsible for violation or improper execution of these Regulations in accordance with the legislation of the Russian Federation Federation.

* In these Regulations, an international treaty refers to international agreements, regardless of their specific name, concluded by the Russian Federation in accordance with the Federal Law “On International Treaties of the Russian Federation”.

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