LAW OF TURKMENISTAN

of May 3, 2014 No. 71-V

About the state secrets

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 field of the state secrets for the purpose of ensuring national security of Turkmenistan.

Chapter I. General provisions

Article 1. The basic concepts applied in this Law

For the purposes of this Law the following basic concepts are applied:

1) 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 regulatory legal acts of Turkmenistan;

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

3) the admission to the state secrets – the right granted to citizens of Turkmenistan, foreign citizens, stateless persons (further, unless otherwise specified, - the citizen) or to state bodies, other organizations, on implementation of activities with use of the state secrets;

4) 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;

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

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

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

8) disclosure of the state secrets – the message, provision, transfer, transfer, the publication or finishing the state secrets by any other methods to legal entities and physical persons which are not granted the right of acquaintance with them;

9) loss of the state secrets – exit, including temporary, the data constituting the state secrets from legal ownership or use as a result of loss or plunder.

Article 2. Legislation of Turkmenistan on the state secrets

1. The legislation of Turkmenistan on the state secrets is based on the Constitution of Turkmenistan and consists of this Law, other regulatory legal acts of Turkmenistan on protection of the state secrets.

2. If the international treaty of Turkmenistan establishes other rules than provided by this Law, then rules of the international treaty are applied.

Chapter II. State regulation and management in the field of the state secrets

Article 3. Implementation of state regulation and management in the field of the state secrets

State regulation and management in the field of the state secrets are performed by the President of Turkmenistan, the Cabinet of Ministers of Turkmenistan, and also State commission on protection of the state secrets of Turkmenistan, and also bodies of homeland security of Turkmenistan.

Article 4. Powers of the President of Turkmenistan

1. The president of Turkmenistan in the field of the state secrets:

1) determines state policy;

2) approves state programs;

3) creates State commission on protection of the state secrets of Turkmenistan, approves regulations on it and its structure;

4) is approved by 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;

5) conducts negotiations and signs interstate agreements on protection of the state secrets;

6) makes decisions on transfer of the state secrets to foreign states, the international organizations;

7) is established by procedure for provision of the admission to the state secrets to foreign citizens and stateless persons, and also the citizens of Turkmenistan who are constantly living outside Turkmenistan.

2. Performs other powers according to this Law and other regulatory legal acts of Turkmenistan.

Article 5. Powers of the Cabinet of Ministers of Turkmenistan

1. The Cabinet of Ministers of Turkmenistan in the field of the state secrets:

1) 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 Turkmenistan, performs measures for accomplishment of state programs;

2) will organize project development of regulatory legal acts of Turkmenistan about protection of the state secrets, including the international treaties of Turkmenistan connected with protection of the state secrets;

3) signs intergovernmental agreements of Turkmenistan on protection of the state secrets, performs measures for accomplishment of international treaties of Turkmenistan on protection of the state secrets;

4) is approved by regulations on commissions of experts in the field of the state secrets, the list of especially sensitive and sensitive sites, regulations on especially sensitive and sensitive sites, procedure for creation and activities of structural divisions for protection of the state secrets;

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