RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of July 25, 2023 No. 481

About transfer of the state secrets to foreign states, the international organizations, interstate educations

Based on the paragraph of the twelfth of article 5 of the Law of the Republic of Belarus of July 19, 2010 "About the state secrets" the Council of Ministers of the Republic of Belarus DECIDES: No. 170-Z

1. Approve Regulations on procedure for transfer of the state secrets to foreign states, the international organizations, to interstate educations it (is applied).

2. Declare invalid the resolution of Council of Ministers of the Republic of Belarus of December 3, 2004 No. 1541 "About some questions of transfer to other states of the data constituting the state secrets".

3. This resolution becomes effective from the date of its acceptance.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of July 25, 2023 No. 481

Regulations on procedure for transfer of the state secrets to foreign states, international organizations, interstate educations

1. This Provision establishes procedure for transfer of the state secrets to foreign states, the international organizations, interstate educations (further - foreign state).

2. For the purposes of this provision the following terms and their determinations are used:

competent authorities - the state bodies of the Republic of Belarus and bodies of foreign state responsible for implementation of the international treaty of the Republic of Belarus, the international treaty of the Republic of Belarus on protection of the state secrets;

the contract (agreement) - the written civil agreement between authorized bodies of the Republic of Belarus and foreign state providing transfer, obtaining, creation of the state secrets, accomplishment of confidential works (including training);

the international treaty of the Republic of Belarus - the international treaty of the Republic of Belarus according to which transfer, obtaining, creation of the state secrets, accomplishment of confidential works are among other things provided;

the international treaty of the Republic of Belarus on protection of the state secrets - the international treaty of the Republic of Belarus which subject is mutual providing with the Republic of Belarus and foreign state of protection of the state secrets;

transfer of the state secrets to foreign state (further - transfer of the state secrets) - bringing the state secrets to foreign state (the representative of authorized body of foreign state) by means of transfer on technical means, transfers, acquaintance, provision of access or otherwise, stipulated by the legislation the Republic of Belarus, including the method provided by the international treaty of the Republic of Belarus, the international treaty of the Republic of Belarus on protection of the state secrets, the contract (agreement);

authorized bodies - the state bodies or other organizations of the Republic of Belarus and bodies of foreign state authorized according to the legislation of the Republic of Belarus and foreign state to create, transfer, receive, store, to use, protect the state secrets. Competent authorities can act as authorized bodies.

3. Transfer of the state secrets in each separate case is performed on the basis:

decisions of the President of the Republic of Belarus on transfer of the state secrets (further - the decision of the President of the Republic of Belarus) in the presence of the obligation of foreign state about protection of the state secrets;

decisions of the head of state body and other organization given authority on reference of data to the state secrets (further, unless otherwise specified, - the owner of data), about transfer of official secret to foreign state (further, unless otherwise specified, - the decision of the owner of data) in the presence of the international treaty of the Republic of Belarus on protection of the state secrets.

The decision is made by the owner of data in the field of the activities, except for the case provided in Item 10 of this provision.

4. Transfer of the state secrets is performed in case of obligatory availability:

the international treaty of the Republic of Belarus in case of lack of the international treaty of the Republic of Belarus on protection of the state secrets;

the international treaty of the Republic of Belarus on protection of the state secrets in case of transfer of official secret according to the decision of the owner of data;

the contract (agreement) if its conclusion is provided by the international treaty of the Republic of Belarus on protection of the state secrets.

5. In case of lack of the international treaty of the Republic of Belarus on protection of the state secrets in the international treaty of the Republic of Belarus, except other conditions, are without fail specified:

competent authorities responsible for implementation of the international treaty of the Republic of Belarus;

the authorized body of the Republic of Belarus transferring the state secrets, and the authorized body of foreign state receiving the state secrets (with indication of need of availability of the admission at it to the state secrets);

correlation of signature stamps (degrees) of privacy of the state secrets in the Republic of Belarus and in foreign state;

method of transfer of the state secrets;

obligations about protection of the transferred state secrets according to the legislation of foreign state;

obligations about failure to provide the transferred state secrets to the third party without prior written consent of authorized body of the Republic of Belarus, them transferred;

procedure for permission of matters of argument and compensation of possible damage in case of unauthorized distribution of the transferred state secrets.

The draft of the international treaty of the Republic of Belarus is approved with authorized state body on protection of the state secrets of the Republic of Belarus.

6. The contract (agreement) is signed according to regulations of the international treaty of the Republic of Belarus on protection of the state secrets.

The draft contract (agreements) is approved by the owner of data with authorized state body on protection of the state secrets of the Republic of Belarus.

7. The decision of the owner of data is made:

on own initiative;

based on the petition of the state bodies and other organizations given authority on reference of the data to the state secrets which are not owners of data in which transfer they are interested, and also other state bodies and other organizations performing activities with use of the state secrets exercising right to use the state secrets planned to transfer (further, unless otherwise specified, - the interested state body (organization).

8. The interested state body (organization) sends to the owner of data the petition in which are specified:

purpose of transfer of the state secrets;

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