RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of March 15, 2005 No. 40

About approval of some regulatory legal acts in connection with application of the Law "About the State Secret"

According to the Presidential decree of the Azerbaijan Republic "About approval of the Law of the Azerbaijan Republic" "About the state secret" of November 5, 2004 the No. 139 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Procedure for transfer of the data which are the state secret, to other states and the international organizations" "Procedure for ensuring protection of the data which are the state secret, in the course of performance of works, connected with their use", "Procedure for the admission of foreigners and stateless persons to work with the state secret", "Procedure for receipt of permission by the companies, organizations and organizations to performance of works, the data connected with use which are the state secret, creation of means of information protection and also with taking measures and (or) rendering services in protection of the state secret", "The procedure for preparation and approval of the expert opinion on illegal distribution of the data which are the state secret", "Procedure about prevention of distribution of the state secret" and "Rules of implementation of interdepartmental control of ensuring protection of the state secret in public authorities and local self-government, the companies, organizations and the organizations" (is applied).

2. This resolution becomes effective from the date of its signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of March 15, 2005, No. 40

Procedure for transfer of the data which are the state secret, to other states and the international organizations

1. This procedure prepared for the purpose of accomplishment of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic" "About the state secret" of November 5, 2004 No. 139, establishes procedure for transfer of the data which are the state secret, to other states and the international organizations.

Requirements of this Procedure shall be surely applied by public authorities, the companies, organizations and the organizations of the Azerbaijan Republic (except for especially underlined cases, further - the organizations), interested in transfer to other states and international organizations of the data which are the state secret.

2. Transfer to other states and international organizations of the data which are the state secret is meant as transfer of the specified data in any manner (transfer, transfer, the admission to acquaintance, etc.) to other state and the international organization (authorized by the state and the international organization to person).

3. Transfer of the data which are the state secret to other state and the international organization in each separate case is performed according to the decision of the Cabinet of Ministers on the basis of the expert opinion of the Interdepartmental commission on protection of the state secret in case of the President of the Azerbaijan Republic (further - the Interdepartmental Commission) about possibilities of transfer of similar data and obligations of the assumed party on protection of the transferred data.

4. Obligations of the host party on protection of the data which are the state secret and transferred by other state and the international organization are provided by the international treaty * about mutual protection of the transferred data, concluded between the parties.

The following shall be reflected in the agreement:

- compliance of degrees of privacy of the transferred data in the Azerbaijan Republic to privacy degrees in the accepting party state;

- competent authorities responsible for coordination of sales activity of the agreement;

- procedure for transfer of data;

- obligation of the assuming party state on non-presentation (non-proliferation) of the transferred data to the 3rd party and their protection according to the legislation of the accepting party state and conditions of the signed agreement;

- rules of consideration of disputed issues and compensation of possible damage;

- rules of entry into force of the agreement.

5. The organizations interested in transfer to other states and international organizations of the data which are the state secret shall address about it to public authorities, authorized to dispose of data which transfer is provided according to the motivated petition.

The following shall be reflected in the petition:

- information transfer purpose;

- the list of data which transfer is provided, their degree of privacy and the basis for classification (reference to the state secret);

- the list of the bodies authorized by storonoygosudarstvo and the international organization accepting to receive data of the data;

- reasons for feasibility and need of transfer of data, forecasting and assessment of results of transfer of data from the point of view of ensuring political and economic interests of the Azerbaijan Republic;

- rules of compensation of possible damage as a result of failure to carry out by the accepting party state and international organization of the obligations undertaken under the agreement.

The question of possibility of transfer of the data which are the state secret to other state and the international organization according to the provided petition is considered within 1 (one) month and the corresponding conclusion is issued.

The company, department and the organization which received positive review about transfer of the data which are the state secret, to other state and the international organization submit the conclusion and the petition for consideration and the solution of question of transfer of the data which are the state secret, to other state and the international organization, public authority under which supervision is.

6. The public authority interested in transfer of data represents the motivated petition, the conclusion, and also the international treaty on mutual protection of the transferred data and other documents directly related to protection of data which possibility of transfer is submitted the Interdepartmental Commission.

Materials about possibility of transfer of data to other states and the international organizations are considered within 45 days in the Interdepartmental Commission, and the corresponding conclusion is issued. If there is need of conducting additional examination for preparation of the conclusion, this term can be prolonged. In that case, is informed the addressed public authority on it.

7. If the conclusion of the Interdepartmental Commission about transfer of the data which are the state secret to other states and the international organizations is positive, public authority, having prepared the offer on transfer of data to other states and the international organizations, represents the conclusion of the Interdepartmental Commission together with the international treaty on mutual protection of the submitted data of the Cabinet of Ministers of the Azerbaijan Republic.

If the international treaty on mutual protection of the transferred data was not signed with the party state and the international organization which received data before, or the international treaty signed in the past not completely covers the requirements fixed in item 4 of this Procedure, previously worked and approved with the accepting party state and the international organization by relevant organs of the government of the offer on the conclusion of the corresponding international treaties or entering of amendments into the signed international treaties, are represented to the Cabinet of Ministers of the Azerbaijan Republic.

8. Transfer of the data which are the state secret, to other states and the international organizations is performed on the basis of international treaties. Additional measures for protection of the transferred data are provided by international treaties.

* The international treaty - irrespective of the name, is the agreement signed according to the Law of the Azerbaijan Republic "About rules of the conclusion, execution and cancellation of international treaties of the Azerbaijan Republic".

 

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of March 15, 2005, No. 40

Procedure for ensuring protection of the data which are the state secret, in the course of performance of works, connected with their use

I. General provisions

1. This Procedure prepared for the purpose of execution of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic" "About the state secret" of November 5, 2004 No. 139, is established by Service of state security in the companies, organizations and the organizations (further the organization).

Taking into account features of the powers established by the legislation, bodies of the central executive authority of the Azerbaijan Republic according to this Procedure can prepare interdepartmental rules and approve them in case of coordination with the Ministry of homeland security (further - security service).

2. The organization is allowed to performance of works, the data connected with use which are the state secret, after receipt of permission according to the procedure, established by the legislation on the state secret.

In the organization wishing to get the corresponding permission to implementation of similar works after coordination with the customer the actions plan for the purpose of ensuring protection of the data which are the state secret in the course of accomplishment of these works is prepared and performed.

The actions plan is developed by the working group created by the head of the organization. The working group joins specialists of the departments involved in accomplishment of these works, and departments of protection of the state secret.

Actions provide the following:

- establishment on work of the data which are the state secret and also the signs opening similar data;

- establishment of sites and divisions where the works connected with the state secret including determination of rooms where meetings in connection with these works will be held will be carried out;

- establishment of possible channels of leakage (infiltration outside) the data which are the state secret in the course of work;

- establishment of the tasks necessary for performance of works connected with the state secret;

- establishment of the mode of the admission in the organization and the intra object mode;

- development of regulating and methodical documents on specific sites and processes;

- implementation of measures for the organization of protection of sites where the works connected with the state secret and the data which are the state secret, data carriers and on prevention of leakage of data on technical channels, execution of the admission of persons involved in implementation of works, in work with the data which are the state secret are carried out;

- in case of need, implementation of measures against technical investigation, including measures for masking of the data which are the state secret, and revealing them qualities;

- other measures connected with protection of the state secret.

The actions plan affirms the head of the organization.

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