PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of December 20, 2018 No. 486

About the admission to the state secrets

For the purpose of enhancement of legal regulation of the relations in the sphere of the state secrets I decide:

1. Approve the enclosed Regulations on the admission to the state secrets of foreign citizens, stateless persons, and also the citizens of the Republic of Belarus who are constantly living beyond its limits.

2. Declare invalid the Presidential decree of the Republic of Belarus of June 12, 2006 No. 389 "About procedure for access to the state secrets of foreign citizens and persons without citizenship, and also the citizens of the Republic of Belarus who are constantly living abroad".

3. This Decree becomes effective in 10 days after its official publication.

Approved by the Presidential decree of the Republic of Belarus of December 20, 2018 No. 486

Regulations on the admission to the state secrets of foreign citizens, stateless persons, and also the citizens of the Republic of Belarus who are constantly living beyond its limits

1. This Provision determines procedure for provision of the admission to the state secrets to foreign citizens and stateless persons, and also the citizens of the Republic of Belarus who are constantly living beyond its limits (further, unless otherwise specified, - citizens).

2. The admission to the state secrets is provided to citizens by the state bodies and other organizations appointing them to the positions connected with need of access to the state secrets, or involving them in work with use of the state secrets (further - the interested organizations), based on decisions on use for the benefit of the Republic of Belarus of professional skills and qualification of citizens.

3. Decisions on use for the benefit of the Republic of Belarus of professional skills and qualification of citizens are accepted taking into account the conclusion of Committee for State Security about provision of the admission by it to the state secrets (further, unless otherwise specified, - the conclusion):

The president of the Republic of Belarus - by provision of the admission to the state secret;

heads of the state bodies and other organizations given authority on reference of data to the state secrets (further, unless otherwise specified, - state bodies), - by provision of the admission to official secret.

4. For provision to the citizen of the admission to the state secrets the interested organization:

acquaints the citizen with the legal acts establishing responsibility for violation of the legislation on the state secrets and also with the temporary restriction of the rights of citizens provided in article 41 of the Law of the Republic of Belarus of July 19, 2010 "About the state secrets";

receives at the citizen the written consent to carrying out concerning it checking actions in connection with provision to it the admission to the state secrets;

accepts from the citizen of the data, the personal data containing it, and the copy of the document for trip abroad;

accepts from the citizen the medical certificate about the state of health confirming absence of the diseases interfering work with the state secrets in the form established by the Ministry of Health;

sends to the state body performing ownership of the state secrets used in activities of the interested organization, the address about provision to the citizen of the admission to the state secrets (further - the address) to which the documents provided in subitems 6.1-6.5 of Item 6 of this provision are attached.

5. The state body by results of consideration of the address, and also taking into account the conclusion of commission of experts in the sphere of the state secrets of this state body within 20 working days from receipt date sends appeals to Committee for State Security the petition for pronouncement of the conclusion (further - the petition) or informs the interested organization on inexpediency of provision to the citizen of the admission to the state secrets.

6. Are applied to the petition sent to Committee for State Security:

6.1. reasons for need of appointment of the citizen to the position connected with need of access to the state secrets or attraction it to work with use of the state secrets including:

information on the form of the admission and position included in the nomenclature of positions of the workers who are subject to the admission to the state secrets to which it is planned to appoint the citizen, or about nature of works with use of the state secrets to which it is planned to be attracted;

the list of the data constituting the state secrets (with indication of degree of their privacy and Items of the list of the data which are subject to classification, state body), access to which is necessary in case of execution by the citizen of job responsibilities or planned to use in case of work;

information confirming feasibility of use of professional skills and qualification of the citizen for the benefit of the Republic of Belarus, and also the reasons interfering appointment to this position (attraction to work) of citizens of the Republic of Belarus, constantly living in the territory of the Republic of Belarus;

6.2. information about the citizen:

surname, own name, middle name (if that is available), birth date and birth place, nationality (citizenship), the address of the last residence in foreign state;

education and specialty, data on labor activity (with indication of prior workplaces and posts);

data on criminal prosecution in the Republic of Belarus and other states (when and for what);

information on registration on the place of stay, data on the mode of stay in the Republic of Belarus of the foreign citizen or stateless person (permanent or temporary residence), residential address or places of stay in the Republic of Belarus;

6.3. the copy of the document of the citizen for trip abroad;

6.4. the written consent of the citizen to carrying out concerning it checking actions in connection with provision to it the admission to the state secrets;

6.5. the conclusion of commission of experts in the sphere of the state secrets of the interested organization on possibility of appointment of the citizen to the position connected with need of access to the state secrets or attraction it to work with use of the state secrets;

6.6. the conclusion of commission of experts in the sphere of the state secrets of state body on possibility of appointment of the citizen to the position connected with need of access to the state secrets or attraction it to work with use of the state secrets.

7. The petition is considered by Committee for State Security within 45 calendar days from the date of its receipt. The specified term can be prolonged no more than for 15 calendar days according to the decision of the Chairman of Committee for State Security in need of request of the additional information or holding interview with the citizen on what the state body is informed.

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