Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

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

For the purpose of establishment of procedure for access to the state secrets of foreign citizens and stateless persons, and also the citizens of the Republic of Belarus who are constantly living abroad I decide:

1. Access to the state secrets to foreign citizens and stateless persons, and also the citizens of the Republic of Belarus who are constantly living abroad (further - physical person), except for specified in Item 7 of this Decree, is provided in exceptional cases due to the need of use for the benefit of the Republic of Belarus of their professional skills, the qualifications in case of performance of works connected with use of the data constituting the state secrets (further - performance of works).

2. The decision on access for the physical person is made:

to the data which are the state secret, - the President of the Republic of Belarus according to the offer of the state bodies and other organizations given authority on reference of data to the state secrets and their protection, - owners of these data, brought in accordance with the established procedure through the State secretariat of the Security Council of the Republic of Belarus;

to the data which are official secret - state bodies and other organizations, the given authority on reference of data to the state secrets and their protection, - owners of these data.

3. The state body or other organization performing activities with use of the data constituting the state secrets interested in involvement of physical person to performance of works (further - the organization), prepare the draft of the relevant decision, the stipulated in Item 2 presents of the Decree to which they apply:

the motivated reasons for need of involvement of physical person to performance of works including assessment of weight of consequences or the extent of harm which can be caused by unauthorized distribution of the state secrets (daleemotivirovanny reasons);

information on coordination of possibility of access for the physical person to the state secrets with state bodies and other organizations, the given authority on reference of data to the state secrets and their protection whose interests are infringed in the sphere of protection of the state secrets in connection with access provision;

conclusion of Committee for State Security about possibility of access to the state secrets of physical person;

other documents relating to the draft decision.

By preparation of the draft decision requirements of the legislation of the Republic of Belarus about the state secrets are explained to the physical person.

4. For pronouncement of the conclusion go to Committee for State Security:

motivated reasons;

data on the name and location of the organization;

biographical particulars of physical person (surname, name, middle name *, birth date and birth place, nationality, residential address, place of employment, position);

______________________________

* The middle name is specified in case of its availability.

the list of the data constituting the state secrets to which it is planned to provide access to physical person, with indication of degree of privacy of these data.

The Committee for State Security has the right to request the additional information necessary for pronouncement of the conclusion.

The conclusion is taken out by Committee for State Security in a month.

5. Based on the decision made according to Item 2 of this Decree, the head of the organization establishes working procedures and signs the agreement (contract) for their accomplishment with physical person. It is provided in the agreement (contract) including possibility of its early termination according to the decision of the head of the organization in case of failure to carry out of requirements of the legislation of the Republic of Belarus by physical person about the state secrets.

Condition of the conclusion of this agreement (contract) is the consent of physical person to partial temporary restrictions of its rights and acceptance by it on themselves with respect thereto obligations to the Republic of Belarus according to appendix.

6. The head of the organization bears responsibility for justification of involvement of physical person to performance of works and creation of conditions in case of which the physical person will have access only to those data constituting the state secrets on which the decision on access, and in such amounts which are necessary for it for performance of works was made.

7. To physical persons - representatives of foreign states (the international organizations) access to the state secrets is provided based on the international treaties of the Republic of Belarus providing cooperation with use of the state secrets, the organizations of the Republic of Belarus responsible for implementation of the corresponding international treaties in coordination with Committee for State Security. At the same time access is provided only to those data on which the decision on their transfer to other states is in accordance with the established procedure made.

8. In six-months time to provide to Council of Ministers of the Republic of Belarus reduction of acts of the legislation in compliance with this Decree and to take other measures for its realization.

9. This Decree becomes effective from the date of its official publication.

 

President of the Republic of Belarus A. Lukashenko

Appendix

to the Presidential decree of the Republic of Belarus of June 12, 2006 No. 389

OBLIGATION

     Я, ______________________________________________________________
(фамилия, имя, отчество*)
в связи с предоставлением мне доступа к государственным секретам
Республики Беларусь согласен(на) на частичные временные ограничения
моих прав в соответствии с законодательством Республики Беларусь и
обязуюсь:
не распространять сведения, составляющие государственные секреты
Республики Беларусь, которые мне будут доверены или станут известны
при выполнении работ, не использовать открытия и изобретения,
содержащие такие сведения, до их рассекречивания;
выполнять касающиеся меня требования законодательства Республики
Беларусь о государственных секретах;
в случае попытки какого-либо лица получить от меня сведения,
составляющие государственные секреты, немедленно сообщить об этом
руководителю организации, с которой заключен договор (контракт).
Требования законодательства Республики Беларусь о государственных
сек

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