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LAW OF THE REPUBLIC OF BELARUS

of July 19, 2010 No. 170-Z

About the state secrets

(as amended on 10-12-2020)

Accepted by the House of Representatives on June 23, 2010

Approved by Council of the Republic on June 30, 2010

This Law determines legal and organizational basis of reference of data to the state secrets, protection of the state secrets, implementation of other activities in the sphere of the state secrets for the purpose of ensuring national security of the Republic of Belarus.

Chapter 1. General provisions

Article 1. The main terms used in this Law and their determinations

In this Law the following main terms and their determinations are used:

the state secrets (the data constituting the state secrets) – the data carried in accordance with the established procedure to the state secrets, protected by the state according to this Law and other acts of the legislation;

security classification – the detail which is put down on the carrier of the state secrets and (or) the accompanying documentation to it testimonial of degree of privacy of the state secrets containing on this carrier;

the admission to the state secrets – the right of the citizen of the Republic of Belarus, the foreign citizen, stateless person (further, unless otherwise specified, – the citizen) or state body, other organization on implementation of activities with use of the state secrets;

access to the state secrets – acquaintance of the citizen with the state secrets or implementation of other activities by it with use of the state secrets;

the carrier of the state secrets – material object on which the state secrets contain in type of the symbols, images, signals and (or) technical solutions and processes allowing them to distinguish and to identify;

the worker – the citizen appointed (accepted) to position (the worker's profession) provided by the staff list, staff of state body, other organization, the state secrets performing activities with use (further, unless otherwise specified, – position);

remedies of the state secrets – the technical, program, cryptographic and other means used for protection of the state secrets and also control facilities of efficiency of protection of the state secrets;

means encoded, other types of special communication – remedy of the state secrets and means of telecommunication in which they are realized, used in systems encoded, other types of special communication;

privacy degree – the indicator of importance of the state secrets determining measures and remedies of the state secrets;

technical protection of the state secrets – the activities aimed at providing protection of the state secrets with technical measures, except for technical measures of protection of the state secrets applied in systems encoded, other types of special communication and when using cryptographic remedies of the state secrets.

Article 2. Legal regulation in the sphere of the state secrets

Legal regulation in the sphere of the state secrets is performed according to the legislation on the state secrets and international treaties of the Republic of Belarus on protection of the state secrets.

The legislation on the state secrets is based on the Constitution of the Republic of Belarus and consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Chapter 2. State regulation and management in the sphere of public sectors

Article 3. State regulation and management in the sphere of the state secrets

State regulation and management in the sphere of the state secrets are performed by the President of the Republic of Belarus, Council of Ministers of the Republic of Belarus, and also the Interdepartmental commission on protection of the state secrets under the Security Council of the Republic of Belarus, authorized state body on protection of the state secrets, the state security agencies, Operational analytical center in case of the President of the Republic of Belarus.

Article 4. Powers of the President of the Republic of Belarus

The president of the Republic of Belarus in the sphere of the state secrets:

determines state policy;

approves state programs;

approves Regulations on the Interdepartmental commission on protection of the state secrets under the Security Council of the Republic of Belarus and its structure;

creates, will reorganize and abolishes authorized state body on protection of the state secrets;

approves the list of the state bodies and other organizations given authority on reference of data to the state secrets, the list of the data which are subject to reference to the state secrets;

conducts negotiations and signs interstate agreements of the Republic of Belarus on protection of the state secrets;

makes decisions on transfer of the state secrets to foreign states, the international organizations, interstate educations if other is not established by this Law;

establishes 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 outside the Republic of Belarus;

performs other powers according to this Law and other legal acts.

Article 5. Powers of Council of Ministers of the Republic of Belarus

Council of Ministers of the Republic of Belarus in the sphere of the state secrets:

will organize project development of state programs, the list of the state bodies and other organizations given authority on reference of data to the state secrets of the list of the data which are subject to reference to the state secrets and submits them for approval to the President of the Republic of Belarus, takes measures for accomplishment of state programs;

will organize project development of acts of the legislation, international treaties of the Republic of Belarus on protection of the state secrets, adopts acts of the legislation within the competence;

signs intergovernmental contracts of the Republic of Belarus on protection of the state secrets, takes measures for implementation of international treaties of the Republic of Belarus on protection of the state secrets;

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