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AGREEMENT

of November 12, 2014

About the Procedure for protection of confidential information and responsibility for its disclosure when implementing of powers by the Eurasian economic commission on control of observance of single competition rules

The Republic of Belarus, the Republic of Kazakhstan and the Russian Federation which are hereinafter referred to as with the Parties

based on the Agreement on the single principles and competition rules of December 9, 2010 (further - the Agreement on the competition) and the Agreement on the Eurasian economic commission of November 18, 2011 (further - the Agreement on the Commission),

agreed as follows:

Article 1

1. This agreement extends to the relations which are connected with protection of confidential information and in which participate the Eurasian economic commission (further - the Commission), public authorities of the Parties, legal entities and physical persons of the Parties within implementation of the Agreement on the competition.

2. This agreement does not extend to the relations connected with the information security relating according to the legislation of the Parties to the state secret (the state secrets).

Article 2

For the purposes of this agreement the following concepts are used:

"information" - data (messages, data) irrespective of form of their representation;

"confidential information" - without prejudice to Item 2 of Article 1 of this agreement all types of information protected by regulatory legal acts of the Parties;

"the owner of confidential information" - person who possesses confidential information legally and limited access to this information;

"protection of confidential information" - 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;

"disclosure of confidential information" - actions (failure to act) as a result of which confidential information in any possible form (oral, written, other form, including with use of technical means) becomes known to the third parties without written consent of the owner of confidential information, except for the case provided by the paragraph the second Item 5 of Article 3 of this agreement;

"access to confidential information" - possibility of receipt of confidential information and its use.

Other concepts used in this agreement are applied in the values established by the Agreement on the competition and the Agreement on the Commission.

Article 3

1. For the purpose of protection of the confidential information used by the Commission within realization of powers on control of observance of single competition rules which violation exerts or can exert negative impact on the competition in the cross-border markets in the territory of two and more Parties, according to the Section IV of the Agreement on the competition (further - competition rules) and Criteria of reference of the market to cross-border, approved by the Decision of the Supreme Eurasian economic council of December 19, 2012 No. 29, the Commission takes measures for protection of confidential information which are recognized reasonably sufficient if:

1) access to confidential information of the third parties without the consent of its owner is excluded;

2) the possibility of use by the Commission of confidential information excluding its disclosure is provided.

2. Measures for protection of confidential information shall provide:

1) prevention of possibility of violation of procedure for access to confidential information and procedure for the treatment of her;

2) prevention of unauthorized access to confidential information and (or) transfers to her faces which do not have access rights to confidential information;

3) timely detection and suppression of unauthorized access to confidential information;

4) constant control behind ensuring level of security of confidential information;

5) non-admission of impact on technical means of processing of confidential information as a result of which their functioning is broken;

6) accounting of persons who got access to confidential information, and persons to whom confidential information was provided or transferred.

3. Procedures of protection of the confidential information used by the Commission within realization of powers on control of observance of competition rules are established according to the procedure of work with documents of limited distribution, approved by Council of the Commission according to the Agreement on the Commission (further - the Operating procedure with documents of limited distribution).

4. The operating procedure with documents of limited distribution shall contain the provisions regulating including:

1) work with the entering and outgoing documents containing confidential information;

2) accounting, storage and document transfer, containing confidential information;

3) record keeping at meetings in case of discussion of confidential information;

4) acquaintance with the materials of cases on competition abuse of regulations containing confidential information (including persons who are involved in hearing of cases);

5) conducting functional audit check on the facts of violation of non-disclosure obligation of confidential information and operating procedure with documents of limited distribution;

6) accounting of persons who got access to confidential information, and persons to whom confidential information was provided or transferred.

5. The confidential information received by the Commission within realization of powers on control of observance of competition rules from legal entities and physical persons of the Parties, public authorities of the Parties which competence includes realization of competition (anti-monopoly) policy (further - authorized bodies), and other public authorities of the Parties can be used by the Commission only for the purpose of for which such information was provided.

Transfer by the Commission of the confidential information obtained from legal entities and physical persons of the Parties and public authorities of the Parties, to the third parties is possible only from written consent of its owner, except for case of transfer of confidential information to authorized bodies for the purpose of realization of the powers assigned to them according to the Agreement on the competition.

Transfer by the Commission of the confidential information obtained from authorized body of one Party, to authorized body of other Party is possible only from written consent of the authorized body which provided confidential information.

6. Information loses the status confidential if to such information its owner provides to the uncertain group of people open entry.

Article 4

1. In case of control of observance of competition rules:

1) members of Board of the Commission have access to confidential information in full;

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