The Parliament of the Republic adopts the present law.
The present law stipulates the way
of distributing, applying, revealing and protecting the information that
represents state secret for the sake of state security.
President of the Republic of Moldova:
Mircea Snegur
Mircea Snegur
CHAPTER
I
GENERAL
Article 1
Application of the present law
The present law is applied on the
territory of the Republic of Moldova and outside by the governmental
authorities, state administration, local administration bodies, judicial
authorities, legal entities, institutions, and organisation indifferently of their
legal status and type of ownership, by officials and citizens of the Republic
of Moldova that have assumed responsibility or are obliged according to their
charter to execute the requirements of the legislation regarding the state
secret.
Article 2
Notion of state secret
State secret constitutes information
protected by the state in the field of its military activity, external policy,
counter-information and operative investigation, the distributions, disclosure,
loss, defalcation or destruction of which may infringe the security of the
Republic of Moldova.
Article 3
Legislation regarding the state
secret
Legislation regarding state secret
is based on the Constitution of the Republic of Moldova, it includes the
present law and provisions of by-laws that stipulate relations regarding to the
protection of state secret.
Article 4
Mandate of the government authority
and state administration, juridical authorities in relation to attributing and
protection of the information on the state secret
(1) Parliament:
a) regulates the legal basis of the
relations in the field of state secret protection;
b) approves articles of the
republican budget in relation to implementation the governmental programs in
the sphere of state secret protection;
c) controls the application of
legislation regarding state secret.
(2) The President of the Republic of
Moldova
a) approves state programmes in the
sphere of state secret protection;
b) approves at the proposal of the
Government, the structure and composition of the inter-department commission
for state secret protection and its by-laws;
c) approves on the Governmental
proposal the personnel, its functions and responsibilities on distributing
information that represents state secret and also classification of information
that is referred as state secrete.
(3) Government
a) organises the implementation of
the Law regarding state secret;
b) presents for Presidential
approval the structure and composition of inter-departmental Commission for
state secret protection and its by-laws;
c) presents for Presidential
approval the list of personnel with their functions and responsibilities and
also the authority to refer information as state secret;
d) establishes the procedure of
classifying the information that is referred as state secret;
e) organises the elaboration and
realisation of state programs in the field of state secret protection;
f) establishes the benefits, their
volume and ways of attributing to the citizens who have a permanent access to
the state secret, and to the employees of internal subdivisions of state secret
protection;
g) establishes the way of
determining the volume of damage caused by the unsanctioned distribution of
information that represents state secret, and also damages caused to the author
of information as a result of its classification of information;
h) signs inter-governmental
agreements, undertakes measures for implementation of international agreements
signed by Moldova regarding common application and protection of information
that constitutes state secret.
(4) State and local administration
bodies:
a) provide protection of state
secret at subordinate enterprises, institutions and organisations according to
the legislation requirements;
b) provide, in the limits of their
competence, control measures of the citizens that have access to state secret;
c) implement the measures stipulated
in the legislation regarding the limits of citizens' rights and provide
benefits for those that have or had access to information that represents state
secret;
d) present to supreme bodies of the
state authorities and administration proposals regarding improvement of the
state secret protection system.
(5) Judicial bodies:
a) examine criminal and civil cases
on violation of the legislation regarding state secret;
b) provide judicial protection for
citizens, state administrative bodies, enterprises, institutions and
organisations in relation with their activity in the sphere of state secret
protection;
c) provide while examining the
mentioned above cases the state secret protection.
(6) State authority and
administrative bodies, judicial bodies within the limits of their competence
resolve other problems related to the referring of information as state secret.
CHAPTER
II
INFORMATION
REFERRED AS STATE SECRET
Article 5
Information that can be referred as
state secret
The following information is
referred as state secret:
1. from military sphere regarding:
1. strategic and operative plans for
providing the security of the Republic of Moldova;
2. departments for development and
elaboration of new military equipment and armament, types, reserves and places
of storage of these;
3. technical and tactical
characteristics and ways of application in war of models of armament and
military equipment, properties, receipts or technologies of preparing
explosives intended to be used at war;
4. dislocation, destination, level
of protection of the objects under the special regime and of a special
importance, their design and constructiondislocation, organisational structure,
armament supply and ability of the forces.
2. from the field of economy,
science and technology regarding:
1. plans for preparation of the
Republic of Moldova for possible military actions, mobilisation potential of
the industry for production of armament and military equipment, volume of
deliveries and strategic supplies received for storage, location and volume of
state reserves;
2. volume and plans of production
(in value or natural expression) of the armament, military equipment and other
protection produce, existing capacities for such production and their increase,
co-operation relations of the enterprises, authors or producers of the
armament, military equipment and other produce for protectionscientific
research, experimental works on construction and designing, technologies of
great importance for protection or economy of the country that determine
insuring of its security;
3. forces and means of civil
protection, dislocation, destination and level of protection of the objects of
financial administration, providing the security of the population;
3. from the field of foreign policy
and economy:
1. foreign affairs, external
economic relations (commercial, monetary, credit relations) of the Republic of
Moldova the preliminary distribution of which can put under risk the interests
of the country;
4. from the sphere of reconnoitre,
counter-information and operative investigation activity on:
1. forces, means, sources, methods,
plans and results of reconnoitre activity, counter-information and operative
investigation, and also other data about financing of these types of activity;
2. persons that confidentially
collaborate or have collaborated with the bodies that were involved in
reconnoitre activity, counter-information and operative investigation;
3. governmental communication system
and other types of special communication, state ciphers, methods and means of
their analyses;
4. means and methods of secret
information protection;
5. state programs and activities in
the field of state secret protection.
CHAPTER
III
CLASSIFICATION
OF INFORMATION
Article 6
Principle of information
classification
(1) Information is classified in
accordance with the principles of legality, reasoning and suitability.
(2) The legality of classification
of information means that information to be classified should be in
correspondence with the stipulations of the articles 5 and 8.
(3) The reasoning of classification
of information means the establishment of the reasonable character of the
classification of any definite information for forestalling the jeopardy of the
security of the Republic of Moldova.
(4) The suitability of
classification of information means the establishment of restrictions
concerning the distribution of this information from the moment of their
acceptance (elaboration) or in due time.
Article 7
Grades of information classification
and mentioning regarding classification for the bearers of the particular
information
(1) The degree of classification of
information that constitutes state secret should correspond to the degree of
damages that can be caused to the security of the Republic of Moldova in case
of distributing such information.
(2) There are established three
degrees of classification of information that constitutes state secret and
respective references regarding classification for information possessor in
cases of "extreme importance", "strict secret",
"secret". Application of this references for classification of
information that does not constitute state secret is not possible.
Article 8
Way of attributing the information
on state secret
(1) The information is referred as
state secret by the heads of the state administration bodies according to the
list of responsible persons authorised to refer the information to state
secret. These people are responsible for their decisions regarding referring
information to state secret.
(2) Motivation of the necessity to
refer information to state secret in accordance with the classification
principles belongs to state administration bodies, enterprises, institution and
organisation that have prepared that information.
(3) In order to promote a unique
state policy in the field if information classification the Government has
established an inter-department Commission for state secret protection that
draws up a list of information that is referred as state secret. This list is
approved by the President of Moldova, is published and reviewed if necessary.
The list mentions the state administration bodies that are authorised to posses
that information.
(4) State administration bodies
whose heads are empowered to refer information to state secret prepares a
detailed departmental list of information that should be classified. These
lists include information that is in the disposition of the mentioned above
bodies and established the grade of their classification. These lists are
approved by the chief of respective state administration bodies and are not
given public.
Article 9
Ways of classification the information
(1) Documents, information and works
will be classified and a limit of secrecy will be set if these information is
in correspondence with:
a) the list of information that is
referred to state secret;
b) departmental list, stipulated in
the paragraph (4) of the Article 8.
(2) If it is impossible to identify
the received (researched) information with the information that is included in
the list, the functionaries from state administration bodies, entities should
provide the preliminary classification of the received information in
correspondence with the assumed level of secrecy and within one month to send
it to the official who has adopted the list for its completion (change).
(3) The officials who have approved
the current list are obliged within three months to organise an expertise of
the received suggestions and take a decision on amendments/changes of the
current list or to withdraw the level of secrecy that was conferred to
information.
Article 10
Copyrights restriction for the
enterprises, institutions, organisations and citizens on the information in
relation to its classification
(1) The officials empowered as
stipulated in the Article 8 to refer information to state secret, can take
decisions about classification of information that is in possession of
enterprises, institutions, organisations and citizens, if this information
contains data that are referred to state secret. Classification of the
mentioned information is done on demand of the owner of information or
respective state administration body.
(2) The material detriment caused to
the owner of the information I for the reason of its classification is covered
by the state in amount defined in the agreement between the information owner
and state administration body, in whose possession the information is
transferred. The agreement shall stipulate the obligations of the information
owner. From the moment of signing the agreement he/she is warned about the
responsibility of unsanctioned distribution of information that constitutes
state secret in correspondence with the legislation.
(3) The information owner has the
right to appeal in court the actions of the official, who in his/her opinion
has infringed his/her rights. In the event the court admits that official's
actions were illegal, the procedure of compensating the damages caused to the
information owner, is identified in accordance with the court decision.
Article 11
Terms for information classification
that represents state secret
(1) The information with the label
"Special importance" and "Strictly confidential" is
classified for a term of up to 25 years, and information with the label
"Secret" is classified for 10 years.
(2) In relation to information that
refers to a strict state secret on a decision of the governmental commission
for state secret protection, the Government can establish longer terms of
classification.
(3) State administration bodies, the
chiefs of which are authorised to refer information to state secret are obliged
regularly to review the contents of the list for classification.
Article 12
Information that should not be
classified
(1) It is prohibited to classify the
information on:
(a) violation of human rights and
freedoms;
(b) emergency, accidents and their
consequences that threaten the security and health of people, and also about
natural disasters, forecast about these and consequences;
(c) true situation in the sphere of
education, health protection, ecology, agriculture, trade, and justice;
(d) cases of law infringement,
inactivity and illegal actions of the state authorities and officials, if
disclosure of this information will not threaten the security of the Republic
of Moldova.
(2) Classification is not allowed if
it negatively affects the implementation of the governmental and industrial programmes
for social, economic and cultural development, or if it includes competition of
entities.
CHAPTER
IV
DECLASSIFICATION
OF INFORMATION
Article 13
Reasons and methods of
declassification
(1) Declassification of information
(i.e. elimination of restrictions for the distribution of information that
constitutes state secret, as it is stipulated by the present Law, and
restrictions on access to information bearers) and also reduction the level of
secrecy can be performed earlier than established terms that are stipulated in
the Article 11 according to the procedure stipulated by the present law.
(2) The information can be
declassified for the following reasons:
a) the circumstances have changed
and there is no grounds to protect information that constituted state secret;
b) state administration bodies have
introduced changes into the departmental lists on secret information. The heads
of the state administration bodies who have approved the lists with secret
information have the right to introduce the changes. They bear full
responsibility for the decision on declassification of information. The
decisions to change the lists on information that constitutes state secret
should be agreed with the inter-departmental commission for state secret
protection.
(3) Head of the National Archive of
the Republic of Moldova is authorised to declassify the information that
constituted state secret and that is stored in the closed funds of the archive,
only in cases if such responsibilities were delegated to them by the information
owner or its successor. In the event the organisation owner of the information
was liquidated or there is no successor, the inter-departmental commission will
consider the issue regarding declassification of information.
Article 14
Declassification of information on
request of citizens, enterprises, institutions, organisation and state
administrative bodies
(1) Citizens, entities,
institutions, organisations, state administration bodies can apply to the
interdepartmental commission for state secret protection, to the entities,
institutions and organisation and state archives with a request for information
declassification that constitute state secret or was unreasonably classified.
(2) State administration bodies,
entities, institutions and organisations that have received such a request are
obliged within three months to review them and to give a motivated response. If
it is not in their competence to satisfy the request within a month since the
request was submitted they are obliged to delegate it to a state administration
body that is authorised to solve the issue, or to delegate it to the
governmental commission on state secret protection. The applicant must be
informed about this.
(3) For the official who evade their
obligations on reviewing the application summary punishments will be applied in
accordance with the legislation
(4) Grounds for referring the
information to state secret can be appealed in court. In the event the court
decides that there were no ground to classify the information it must be
declassified according to the established procedure.
CHAPTER
V
PROVISION
OF INFORMATION THAT REPRESENTS STATE SECRET
Article 15
Mutual transmission of information
that represents state secret by state administrative bodies, enterprises,
institutions and organisations
(1) Mutual transmission of
information that represents state secret is performed by state administrative
bodies, enterprises, institutions and organisations that do not have
subordinate relations and do not perform joint works. The state administration
body, in who possesses the information must approve this transmission.
(2) State administration bodies,
entities, institutions and organisations that inquire about the information,
must create conditions in order to ensure the protection of the information.
The directors of these organisations bear full responsibility for
non-fulfilment of the requirements for information protection and
non-disclosure of the received data.
(3) Transmission of information that
constitutes state secret to entities, institutions and organisations or
citizens in relation with performing joint and other works is performed by the
client with the permission of the state administration body, in whose
possession is the required information, and only in amount that is necessary
for execution of the works. Before transmitting the information that constitute
state secret, the transmitting party should check is the institution or
organisation have a license allowing to perform works with information of
certain level of secrecy, and individuals must have a permission.
(4) Entities, organisations and
institutions that perform joint works with using information that constitutes
state secret, can sign agreements with the subdivisions of state companies and
institutions for providing services on state secret protection. A special
notice is introduced in the licenses of the contracted parties for providing
services for state secret protection.
(5) The agreement for joint and
other works, that is signed in accordance with the procedure stipulated by the
legislation, should include the obligations of the parties on providing
protection of information that constitutes state secret, in the process of
works and also after their finalisation, and also the conditions of financing
the services on state secret protection.
(6) The client is responsible for
control over the efficiency of state secret protection during the execution of
joint works in accordance with the stipulations of the signed agreement.
(7) In the event the obligations on
state secret protection are violated, the client has the right to stop the
works until the violation is eliminated. In the event of repeated violation the
client can ask to cancel the assignment and the license allowing to perform
works with using information that constitutes state secret. Guilty persons
should be hold liable. The material damage caused to the state by the executor
of the works should be recovered in accordance with the legislation.
Article 16
Transmission of information that
represents state secret to other states
(1) Information that constitutes
state secret can be transmitted to another state only if there is an expert's
opinion from the inter-departmental commission for state secret protection that
approves the transmission of the information on the basis of corresponding
Governmental decision.
(2) The contract signed with the
party that receives information should stipulate the obligations of the
parties.
CHAPTER
VI
PROTECTION
OF STATE SECRET
Article 17
Bodies for state secret protection
(1) State secret protection bodies
include:
(a) inter-departmental
(governmental) commission for state secret protection;
(b) state administration bodies,
judicial authorities, enterprises, institutions, organisation and their
departments on state secret protection;
(2) Inter-department commission for
state secret protection is a collective body that co-ordinates the activity of
the state administration bodies on state secret protection. The functions of
inter-departmental commission and its superior power are realised in accordance
with the Regulation on inter-departmental commission for state secret
protection, adopted by the President of the Republic of Moldova.
(3) State administration bodies,
organisations, institutions provide protection of data that constitute state
secret in correspondence with the assigned tasks and within limits of their
competence. The chief of the state administration bodies, directors of
institutions and organisations bear responsibility for organisation of state
secret protection. Depending on the volume of works that involve state secret,
the chief of state administration bodies, directors of enterprises,
institutions and organisations create structural departments for state secret
protection. The functions of these departments will de identified by mentioned
chiefs in accordance with normative acts approved by the Government and taking
into account the specific character of work.
Article 18
Admission to the state secret of an
official and a citizen
(1) An official or a citizen is
admitted to state secret on voluntary basis and presupposes that the person:
(a) the person commits himself not
to divulge information that constitutes state secret;
(b) the person agrees to have
temporary restrictions in his rights in accordance with the Article 22;
(c) the person gives a written
consent for performance of inspection measures by authorises bodies in his
respect;
(d) the person understands the
legislation about the state secret that stipulates responsibility for its
violation;
(e) the chief of the state
administration body, director of the institution or organisation takes decision
to give the person access to the data that constitutes state secret.
(2) Inspection measures are
performed in accordance with the legislation and depending on the level of
information secrecy to which the person is admitted.
(3) The purpose of inspection
measures is discovery of reasons stipulated in the Article 19.
(4) Officials and citizens that are
admitted to state secret on a permanent basis have rise in wages depending on
the level of information secrecy to which they have access.
(5) Employees of the structural
departments for state secret protection, additionally to incentives,
established for officials and citizens admitted to state secret on the
permanent basis, have rise in wages for working experience in the mentioned
departments.
(6) The mutual responsibilities
between the administration and hired person are reflected in the labour
agreement. The person cannot be hired until the authorised bodies finalise
inspection measures.
(7) Three types of admission to
state secret are established for the officials and citizens. They correspond to
three levels of information secrecy that represent state secret: information of
special importance, completely secret information and secret information. If
the official or citizen is admitted to the information of special importance,
it means that he/she can have access to the information of lower level of
secrecy.
(8) Terms, conditions and procedure
for re-registration of admission for officials and citizens to state secret is
established by the normative documents adopted by the Government.
(9) Persons without citizenship,
foreign citizens, emigrants and re-emigrants are admitted to state secret
according to the procedure adopted by the Government.
Article 19
Reasons for refusal to provide
access for an official or a citizen to state secret
(1) The following reasons can serve
a basis for a refusal for an official or a citizen to have access to state
secret:
(a) the person has a conviction for
performing a crime against the State or other grave crimes that are mentioned
in the Criminal Code of the Republic of Moldova, or in the Criminal Code of
other states; a person is on a trial or is prosecuted for performing the
mentioned crimes; the person is declared by court a dangerous recidivist, with
limited capability or incapable;
(b) the person has medical
contra-indications to work with information that represents state secret,
according to the list, approved by the Ministry of Health;
(c) the person is a permanent
resident abroad or registers the document to receive a permanent residence in
another state;
(d) the person avoids inspections or
presents wittingly false application data;
(e) the person commits actions that
can cause threat to the security of the Republic of Moldova.
(2) The head of the state
administration body, director of an organisation or institution takes the
decision to refuse an official or a citizen to have access to state secret in
each individual case taking into consideration the results of inspection. The
official or a citizen has the right to appeal against this decision in the
higher organisation or in the court.
Article 20
Conditions in which an official or a
citizen cease to be admitted to state secret
(1) The access to state secret for
an official or a citizen can be ceased on the decision of the head of the state
administration authorities, organisation, institutions in the cases of:
a) a labour agreement (contract)
with him/her was terminated because of organisational measures;
b) the commitments under the labour
agreement on state secret protection were violated once;
c) circumstances that in accordance
with Article 19 can serve basis for a refusal to have access to state secret.
(2) Cessation of access to state
secret for an official or a citizen can serve additional basis to terminate the
labour agreement with him, if such conditions are stipulated in the labour
agreement. However, the official or a citizen is not released from the
commitment not to divulge data that constitutes state secret.
(3) The official or citizen can
appeal in court or in superior organisation the decision of administration to
cease access to state secret and terminate the labour agreement on that basis.
Article 21
Providing access to the information
that represents state secret for an official or a citizen
(1) Procedures to be followed in
order to provide access to information that represent state secret for an
official or a citizen is stipulated by normative acts, approved by the
Government.
(2) The chief of the respective
state administration authority, director of an enterprise, organisation or its
department on state secret protection must is assigned to provide access for an
official or a citizen to information that constitute state secret. The chief of
the institution bears full responsibility for creation such conditions in which
the official or a citizen can get only the information and in such amount that
is necessary to fulfil his/her functional responsibilities.
Article 22
Restriction in rights of an official
or a citizen that have or had access to state secret
Enterprises, institutions,
organisations can have access to activity involving data referred to state
secret, creation of information protection means, and also involved in events
and provide services on state secret protection only in accordance with the
procedure stipulated by the Government.
Article 23
Access of enterprises, institutions,
organisations to the activity involving information referred as state secret
Enterprises, institutions,
organisations can have access to activity involving data referred to state
secret, creation of information protection means, and also involved in events
and provide services on state secret protection only in accordance with the
procedure stipulated by the Government.
Article 24
State secret protection within
foreign collaboration
Agreements on collaboration with
foreign states, and also within international organisations to which Moldova is
a part, are applied according to the procedure adopted by the Government.
Article 25
Protection of secret information of
foreign states and international organisations
(1) Secret information of foreign
states and international organisations that was reported to the Republic of
Moldova on the basis of agreements is protected in accordance with the
obligations taken by the parties.
(2) State administration bodies that
have signed the agreement bear full responsibility for protection of reported
secret information and its correct application.
Article 26
Responsibility for disclosure of
state secret
The persons who have violated the
legislation on state secret bear the responsibility in accordance with the
legislation.
CHAPTER
VII
PROVIDING
FINANCIAL SUPPORT TO STATE SECRET PROTECTION ACTIVITIES
Article 27
Financing state secret protection
activities
(1) Activities of the state
administration bodies, budget organisations, institutions and organisations
protecting state secret are financed from respective budgets. The activity of
other entities, institutions and organisations are financed from means received
from their main activity that involves applying of information that represent
state secret.
(2) State budget should include a
separate paragraph that stipulates allocation of means for financing state
programmes in the sphere of state secret protection.
(3) Chiefs of state authorities and
administration, heads of entities and organisations, customers and specially
authorised representatives of the Ministry of Finance should perform control
over the expenses of finances allocated for the state secret protection
activities. If the performance of this control is associated with access to the
information that represents state secret, than the mentioned persons should
have access to the information of the respective level of secrecy.
CHAPTER
VIII
CONTROL
AND SUPERVISION OF STATE SECRET
Article 28
Parliamentary control
The parliamentary control over
observance of the legislation regarding state secret and related expenditures
is performed by permanent parliamentary commissions. State administration
bodies, protecting state secret are obliged to provide all necessary
information to the mentioned commissions.
Article 29
Inter-departmental and departmental
control
(1) The Ministry for National
Security is responsible for inter-departmental control for providing protection
of state secret in state administration bodies, at factories, institutions and
organisations.
(2) Chiefs of state administration
bodies are obliged to control the efficiency of state secret protection in all
subordinate bodies of state administration, at factories, institutions and
organisations involved in common activity.
(3) Control for providing state
secret protection in the Parliament, Presidential apparatus, the Government,
juridical bodies is managed by the chiefs of these bodies.
Article 30
Prosecutor's supervision
(1) The Prosecutor of the Republic
of Moldova and subordinate public prosecutors are responsible for adherence to
the legislation when protecting state secret and legitimacy of adopted
decisions.
(2) Access of persons performing
prosecutor's supervision to the information that represents state secret is
stipulated by law.
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