ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of February 9, 2009 No. 100

About approval of the Regulations on import, export, development, production and realization of the special technical means intended for secret receipt of information, and the Qualifier of the special technical means intended for secret receipt of information

Approve:

Regulations on import, export, development, production and realization of the special technical means intended for secret receipt of information according to the appendix N1;

The qualifier of the special technical means intended for secret receipt of information according to the appendix N2.

Appendix № 1

to the Order of the Government No. 100 of February 9, 2009

Regulations on import, export, development, production and realization of the special technical means intended for secret receipt of information

I. General provisions

1. This Provision regulates activities for import, export, development, production and realization of the special technical means intended for secret receipt of information.

2. To the special technical means intended for secret receipt of information (further - special technical means), belong technical and/or the software developed, adapted or programmed for renting, obtaining, interception, collection, listening, the registration and transfer of acoustic, specific, electromagnetic and other signals for the purpose of receipt of secret information access including circulating in networks of electronic communications.

3. Activities for import, export, development, production and realization of special technical means can be performed only:

a) the bodies authorized by the law to perform operational search activities;

b) legal entities with the location in the Republic of Moldova who have the license for this type of activity.

4. Activities for import, export, development, production and realization of special technical means are performed only for bodies, authorized to perform operational search activities.

Use of the special technical means intended for secret receipt of information, the physical persons and legal entities which do not have on that powers according to the law is forbidden.

5. Check of compliance of the applicant and control of accomplishment by the licensee of licensed conditions of activities for import, export, development, production and realization of special technical means is performed by the Agency of the state services jointly with Service of information and safety of the Republic of Moldova.

6. Customs authorities grant permission for placement of special technical means in customs regime of import/export only after sight by the licensee of the corresponding license and as necessary the corresponding permission.

II. Republican commission on examination of special technical means

7. Disputes over reference of technical means to category of special technical means are resolved previously by the Republican commission on examination of the special technical means intended for secret receipt of information (in dalneyshemkomissiya).

8. Specialists in the Service given oblastipredstavitel of information and safety, the Ministry of Internal Affairs, the National center for fight against corruption are part of the Commission. The structure, members and regulations on activities of the Commission affirm the Government.

9. Specialists in the field from other public bodies, and also specialists from scientific institutions can participate in work of the Commission.

III. Conditions of implementation of licensed activity on import, export, development, production and realization of special technical means

10. For the purpose of implementation of activities for import, export, development, production and realization of special technical means licensees shall satisfy the following conditions:

a) implementation of the licensed activities according to the legislative and regulatory base;

b) availability on the property rights or real estate lease where the licensed activities, the technical protection equipped with means and storage of special technical means, including technical documentation will be performed;

c) availability of certain office, production, storage and other facilities;

d) availability, in case of need, modern equipment for development and production of special technical means;

e) availability at least two permanent employees with the higher technical or vocational education, competent in the field;

f) development by the licensee within one month from the date of receipt of the license of domestic situation which determines organizational conditions of activities in the licensed area, accounting treatment, storages, realization, transfers and destructions of special technical means and technical documentation;

g) the organization of the internal mode so that to exclude possibility of unauthorized access to special technical means;

h) conducting accounting of special technical means by the licensee at development stages, productions, storages and during testing. Realization or transfer of these means to the customer, and also their destruction shall be documented;

i) providing the mode of confidentiality in the licensed activities. Information on import, export, development, production and realization of special technical means can be provided only to bodies, authorized to perform operational search activities, the Republican commission on examination of special technical means, and also monitoring bodies authorized based on Item 5 of this provision;

j) establishment by the licensee the internal order of division and persons for direct occupation the licensed activities;

k) reflection of personnel structure in the organizational structure and the staff list approved by the head of the legal entity. The licensee establishes for each specialist specific requirements for the education level, technical knowledge and work experience, and also functional obligations, the rights, responsibility and requirements for providing the mode of confidentiality;

l) ensuring periodic advanced training of employees, directly busy in the licensed activities;

m) ensuring compliance of the rooms intended for development, production or storage of special technical means, to requirements for ensuring confidentiality;

n) supply with safes of the rooms intended for storage of documentation on special technical means;

o) compliance of the available rooms to the regulations of hygiene, labor safety and environmental protection established by the current legislation;

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