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DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of September 18, 2014 No. 71

About the Operating procedure with documents of limited distribution (confidential and for office use) in the Eurasian economic commission

According to the Agreement on the Eurasian economic commission of November 18, 2011 Council of the Eurasian economic commission solved:

1. Approve the enclosed Operating procedure with documents of limited distribution (confidential and for office use) in the Eurasian economic commission.

2. To provide to the chairman of Board of the Eurasian economic commission Khristenko V. B. acquaintance of the staff of the Eurasian economic commission employed before entry into force of this Decision with the Operating procedure with documents of limited distribution (confidential and for office use) in the Eurasian economic commission within 1 month from the effective date of this Decision.

3. This Decision becomes effective after 30 calendar days from the date of its official publication, except for the Section IX of the Operating procedure with documents of limited distribution (confidential and for office use) in the Eurasian economic commission.

The Section IX of the Operating procedure with documents of limited distribution (confidential and for office use) in the Eurasian economic commission becomes effective from the effective date the agreement determining procedure for protection of confidential information and responsibility for its disclosure when implementing of powers by the Commission on control of observance of single competition rules.

Members of council of the Eurasian economic commission:

from the Republic of Belarus

 

S. Rumas

from the Republic of Kazakhstan

B. Sagintayev

from the Russian Federation

I. Shuvalov

Approved by the Decision of Council of the Eurasian economic commission of September 18, 2014, No. 71

Operating procedure with documents of limited distribution (confidential and for office use) in the Eurasian economic commission

I. General provisions

1. This Procedure is developed according to article 18 of the Agreement on the Eurasian economic commission of November 18, 2011 (further – the Agreement on the Commission), determines rules of work with documents of limited distribution (confidential and for office use) in the Eurasian economic commission (further – the Commission), except for the case specified in Item 116 of this Procedure, and also cases when the international treaties creating the contractual legal base of the Customs union and the Common economic space (further – the international agreements), decisions of the Supreme Eurasian economic council, decisions of Council of the Commission establish special rules of work with the specified documents.

This Procedure does not extend to work with the documents containing information carried to the state secret (the state secrets) according to the legislation of state members of the Customs union and the Common economic space (further – state members).

2. This Procedure is obligatory for members of Board of the Commission and the staff of the Commission.

The provisions of this Procedure providing rules of the address with documents of limited distribution (confidential and for office use) for the staff of the Commission, extend to members of Board of the Commission, except as specified, when international treaties, by decisions of the Supreme Eurasian economic council, decisions of Council of the Commission, this Procedure for members of Board of the Commission establish the special rules different from the rules established for the staff of the Commission.

3. For the purposes of this Procedure concepts which mean the following are used:

"access restriction signature stamp" – the detail (set of details) of the document which is put down on the document with observance of the established requirements, specifying special nature of information containing in the document (confidential or office) and on the set restriction of access to such information and circle of users of the document. Depending on type of information containing in the document in the Commission access restriction signature stamps "Confidentially" or "For office use" are used;

"document" – the information fixed on the material carrier with the details allowing to identify it created received and kept by the organization or person in the evidential or help purposes in process of accomplishment of legal obligations or implementation of the activities;

"the document for office use" – the document created in the Commission containing office information;

"the admission to confidential information" – registration of the right of the employee of the Commission to access to confidential information;

"information access (documents)" – possibility of receipt of information and its use;

"information security of limited distribution" – acceptance of the legal, organizational and technical measures directed to exception of illegal disclosure, access, destruction, change, copying and other wrongful acts concerning such information;

"information" – the information (messages, data) about persons, objects, the facts, events, the phenomena and processes irrespective of form of their representation;

"information of limited distribution" – the confidential information (containing in confidential documents) or the office information (containing in documents for office use);

"confidential information" – all types of information (including trade, bank, tax, notarial, medical, personal, lawyer secret) concerning which according to regulatory legal acts of state members, international treaties access is limited (confidentiality is established), that is it is established obligatory for accomplishment by person who got access to this information, the requirement not to transfer (not to disclose) such information to the third parties without written consent of its owner;

"the confidential document" – the document submitted to the Commission by public authorities, local government bodies of state members, public authorities of other states (further – bodies), legal entities and physical persons (further also – persons), officials of bodies, containing confidential information, or the document created in the Commission based on the confidential information provided in the Commission;

"local area network of the Commission" – set placed in the office buildings of the Commission of the telecommunication equipment and computer aids providing transfer, storage and information processing in electronic form and functioning under control of the software;

"the owner of information" – person who possesses information legally and received the right to permit or limit information access based on the law or the agreement, determined by any signs;

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