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Ministry of Justice

Republic of Tajikistan

No. 292 of August 6, 2007.

Approved by the Order of Head department on protection of the state secrets under the Government of the Republic of Tajikistan from June 13, 2007 No. 11

Regulations on restriction on information transfer, being the state secret to other states

2. This Provision determines procedure for preparation and provision to the President of the Republic of Tajikistan of materials for decision making about transfer of the data which are the state secret (further hereinafter are referred to as - data) to other states or the international organizations.

3. The provision is obligatory for execution by public authorities, companies, organizations and organizations of the Republic of Tajikistan irrespective of patterns of ownership, the officials and citizens of the Republic of Tajikistan who undertook obligations or obliged to perform requirements of the legislation of the Republic of Tajikistan about the state secret according to the status.

4. Transfer to other states - is understood as bringing to foreign state or the international organization (authorized by the state or the international organization of the representative) by any method (transfer, transfer, acquaintance, the access implementation) of the specified data.

5. Transfer of data is performed according to the decision of the President of the Republic of Tajikistan in the presence of the conclusion of Head department on protection of the state secrets under the Government of the Republic of Tajikistan (further - GUZGS) about possibility of transfer of these data.

6. Obligations of the host party on protection of the data transferred to it are provided in the international treaty signed with it, Sections (Articles, Items) of which shall contain:

- correlation of degrees of privacy of the transferred data of the Republic of Tajikistan and in foreign state or international the organizations;

- the list of authorized competent bodies to perform acceptance (transfer) of data and bearing responsibility for their protection, procedure for transfer of data;

- requirements to use and processing of the transferred data;

obligations about non-proliferation of the transferred data to the third countries or the international organizations and their protection according to the domestic legislation of the host party;

procedure for permission of conflict situations and compensation of possible damage.

7. The companies interested in transfer of data, organizations and the organizations of the Republic of Tajikistan send to heads of public authorities, the given authority according to the order the data, motivated, the petition in which are stated:

- transfer purpose;

- the list of the data planned to transfer, their degree of privacy;

- whom and on what basis they were secret (are carried to the state secret);

- the list of the competent authorities authorized by the host party to receive data,

- reasons for need and feasibility of transfer of data, assessment of consequences of such transfer for ensuring political and economic interests of the Republic of Tajikistan;

- the offered procedure for compensation of damage in case of failure to carry out by the host party of the undertaken obligations.

8. The public authority which received the motivated petition, studies possibility of transfer of required data and in a month brings the decision to the applicant.

9. The applicant represents the motivated petition, the decision of public authorities which heads are given authority according to the order data, and also international agreements and other documents directly related to protection of the data considered to transfer to GUZGS for preparation of the conclusion.

10. The conclusion of GUZGS containing conclusion about possibility of transfer of data taking into account respect for interests of the Republic of Tajikistan goes to the applicant to the 30th dnevny time from the moment of receipt of materials, stipulated in Item the 6th this provision.

11. In case of need conducting additional examination, the term of preparation of the conclusion can be increased what it is reported to the applicant about.

12. Public authorities which heads are given authority according to the order data according to the petition of the organization applicant introduce in accordance with the established procedure to the President of the Republic of Tajikistan the draft of the order of the President of the Republic of Tajikistan with the conclusion of Head department on protection of the state secrets under the Government of the Republic of Tajikistan. In case with the foreign state receiver of data, the international treaty on mutual ensuring protection of the transferred data was not signed earlier or in case of incomplete reflection in the signed earlier international treaty of the rules stated in item 4 of this provision along with the draft of the order of the President of the Republic of Tajikistan about transfer of data are represented, previously worked with the host party, approved with the interested public authorities, offers on the conclusion of the corresponding international treaty or amendment existing.

13. In case of refusal the states receivers of data from the conclusion of the international treaty on mutual ensuring protection of the transferred data, the materials brought to the President of the Republic of Tajikistan shall contain information on earlier assumed liabilities and guarantees of the host party on ensuring protection of the data transferred to it and non-proliferation of the transferred data to the third countries.

14. Based on the order of the President the Republic of Tajikistan, according to the procedures provided by the international treaty and operating with regulatory legal acts is performed the actual transfer of data. Additional measures of protection of the transferred data can be provided in agreements or contracts signed (signed) by competent authorities authorized to perform acceptance (transfer) of data.

15. The heads of public authorities, companies, organizations and organizations authorized by the President of the Republic of Tajikistan to perform transfer of data to other states, bear responsibility for violation or inadequate execution of this provision according to the Legislation of the Republic of Tajikistan.

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