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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 16, 2012 No. 314

About approval of the Regulations on licensing of activities for identification of the electronic devices intended for secret receipt of information (except for case if the specified activities are performed for ensuring own needs of the legal entity or the individual entrepreneur)

(as amended on 21-12-2020)

According to the Federal Law "About Licensing of Separate Types of Activity" Government of the Russian Federation decides:

1. Approve the enclosed Regulations on licensing of activities for identification of the electronic devices intended for secret receipt of information (except for case if the specified activities are performed for ensuring own needs of the legal entity or the individual entrepreneur).

2. Recognize invalid:

Item of 39 changes which are made to acts of the Government of the Russian Federation concerning the state control (supervision), approved by the order of the Government of the Russian Federation of April 21, 2010 No. 268 "About modification and recognition voided some acts of the Government of the Russian Federation concerning the state control (supervision)" (The Russian Federation Code, 2010, No. 19, the Art. 2316);

Item of 40 changes which are made to orders of the Government of the Russian Federation concerning the state fee, approved by the order of the Government of the Russian Federation of September 24, 2010 No. 749 (The Russian Federation Code, 2010, No. 40, the Art. 5076).

Prime Minister

Russian Federation

V. Putin

Approved by the order of the Government of the Russian Federation of April 16, 2012 No. 314

Regulations on licensing of activities for identification of the electronic devices intended for secret receipt of information (except for case if the specified activities are performed for ensuring own needs of the legal entity or the individual entrepreneur)

1. This Provision determines procedure for licensing of activities for identification of the electronic devices intended for secret receipt of information (except for case, if the specified activities is performed for ensuring own needs of the legal entity or the individual entrepreneur) performed by legal entities (further - the licensed activities).

2. In this Provision the following basic concepts are used:

"the electronic device intended for secret receipt of information" specially made product, containing electronic components is reserved implemented (pledged or brought) to places of possible renting of the protected acoustic speech, visual or processed information (including in barriers of rooms, their designs, the equipment, home decoration, and also in insides of vehicles, in technical means and systems of information processing);

"means of identification of the electronic devices intended for secret receipt of information" - the processing, test, control and measuring equipment, and also the computer aids and the software allowing to perform search of the electronic devices intended for secret receipt of information.

3. The licensed activities include:

a) performance of works on identification of the electronic devices intended for secret receipt of information in rooms;

b) performance of works on identification of the electronic devices intended for secret receipt of information in technical means.

4. Licensing of the activities determined by this Provision is performed by Federal Security Service of the Russian Federation (further - the licensing body).

5. Licensed requirements when implementing of the licensed activities are:

a) availability at the license applicant (licensee) on the property right or other legal cause of rooms, buildings, constructions and other objects in the place of implementation of the licensed activities, means of identification of the electronic devices intended for secret receipt of information, and the technical documentation including regulating procedure for use of the means of identification of the electronic devices intended for secret receipt of information, conforming to the established requirements and necessary for performance of works, determined by this Provision;

b) accomplishment by the license applicant (licensee) when implementing of the licensed activities of the requirements for ensuring information security established according to articles 11.2 and 13 of the Federal law "About the Federal Security Service";

c) ensuring with the license applicant (licensee) controlled access for personnel to confidential information, safety of confidential information when implementing of the licensed activities according to the requirements for information security established by the Federal Law "About Information, Information Technologies and on Information Security";

d) availability at the license applicant (licensee) of the admission to performance of works and rendering the services connected with use of the data which are the state secret;

e) availability at the license applicant (licensee) of the license for performance of works with use of the sources of ionizing radiation (generating) (except for case if these sources are used in medical activities);

e) availability in the state at the license applicant (licensee) of the following qualified personnel:

the head and (or) person, authorized to direct works within the licensed activities, at least 5 years having the higher professional (technical) education, and also professional training and (or) length of service in the field of the licensed activities;

the engineering employee (at least 1 person) having the higher or secondary professional (technical) education, and also professional training or length of service at least 3 years in the field of the licensed activities;

g) availability at the license applicant (licensee) of the objects of informatization certified according to the requirements for safety of information established by the Federal Law "About Information, Information Technologies and on Information Security".

6. For receipt of the license the license applicant represents (directs) the application for provision of the license and documents (the copy of documents) specified in Items 1, 3 and 4 parts 3 of article 13 of the Federal law "About Licensing of Separate Types of Activity", and also the following copies of documents and the data to the licensing body:

a) copies of documents of title on rooms, buildings, constructions and other objects in the place of implementation of the licensed activities, the rights to which are not registered in the Unified State Register of Rights on real estate and transactions with it;

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