LAW
OF THE REPUBLIC OF ARMENIA
Adopted by the National Assembly
on 3 December 1996
ON STATE AND OFFICIAL SECRETS
This Law shall regulate the relations arising in connection with classification of information of a certain field as state or official secret, decryption and protection of that information with the view to ensuring the security of the Republic of Armenia (vital interests of citizens, the public and the State); shall define the concept of state and official secrets, the levels of confidentiality, the legal grounds for classifying information constituting secret as state or official secret, for keeping, decrypting and using that information and the powers of state bodies in the relations in regard to the secret.
CHAPTER 1
GENERAL PROVISIONS
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Article 1. |
Scope of this Law |
The provisions of this Law shall be subject to compulsory enforcement in the territory of the Republic of Armenia and outside the territory thereof by state and local self-government bodies of the Republic of Armenia, as well as by enterprises, institutions and organisations (irrespective of organisational-legal form), officials and citizens who, by virtue of their status, are obliged or have assumed the obligation to fulfil the requirements of the legislation of the Republic of Armenia on state and official secrets.
(Article 1 supplemented, amended by HO-318 of 20 March 2002)
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Article 2. |
Concept of state secret and official secret |
State secret is the information on the fields of military, foreign relations, economic, scientific-technical, intelligence, anti-intelligence and operational intelligence activities in the Republic of Armenia that are protected by the State and the dissemination whereof may cause grave consequences for the security of the Republic of Armenia.
Official secret is the information on the fields provided for by part 1 of this Article that is protected by the State and the dissemination whereof may cause harm to the security of the Republic of Armenia. As a rule, such information contains data constituting a part of a state secret, which, however, do not per se reveal the state secret.
Information constituting state and official secrets is considered as the property of the Republic of Armenia and is kept and protected by the State.
(Article 2 amended by HO-318 of 20 March 2002)
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Article 3. |
Concepts used in this Law |
The following concepts shall be used in this Law:
1. The bearers of information constituting state or official secret (hereinafter referred to as "the bearers of information") shall mean the material objects, including the physical fields in which the information constituting state or official secret shall be expressed in the form of images, conventional signs, signals, technical solutions and process.
2. Dissemination of information constituting state or official secret, release or leakage of such information shall mean:
(a) release shall mean the transfer, communication, provision and delivery of information constituting secret by this Law, as well as making, by any means, the information accessible to persons with no permits to deal with such information;
(b) leakage shall mean the outflow or loss of information constituting secret by this Law as a result of negligence by persons with permits to deal with such information, as well as by persons who are responsible for keeping such information.
3. Encryption of information shall mean the application of restrictions on the dissemination of information constituting state or official secret and of the bearers of such information.
4. Decryption of information shall mean the elimination of restrictions on the dissemination of information constituting state or official secret and of the bearers of such information.
5. Protection of state or official secret shall mean the co-ordinated application of legal, organisational, engineering-technical and other necessary measures and techniques which, provided for by the legislation, is aimed at making sure that the information constituting state or official secret is kept and protected.
(Article 3 amended by HO-318 of 20 March 2002)
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Article 4. |
Levels of confidentiality |
The following three levels of confidentiality shall be defined based on the importance, the nature of information constituting state and official secrets and the extent of measures required for protection of the information:
(a) "Of Special Importance",
(b) "Top Secret",
(c) "Confidential".
The level of confidentiality of information constituting state and official secrets must correspond to the level of gravity of the harm that might be caused to the security of the Republic of Armenia as a result of dissemination of the specified information.
In accordance with the levels of confidentiality, the imprints of "Of Special Importance" and "Top Secret" shall be given to the bearers of information constituting state secret, and to the bearers of information constituting official secret - the imprint of "Confidential".
(Article 4 amended by HO-318 of 20 March 2002)
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Article 5. |
Legislation on state and official secrets |
The relations pertaining to information constituting state and official secrets and to such secrets shall be regulated by the Constitution of the Republic of Armenia, this Law and other legal acts adopted in accordance therewith.
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Article 6. |
International treaties |
Relations pertaining to the secrets of other states and to information constituting state and official secrets of the Republic of Armenia shall be regulated by the international treaties of the Republic of Armenia.
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Article 7. |
Other secrets |
The requirements of this Law shall not apply to the information of other type or nature (information with the imprint "For Official Use", "Not For Release" or other imprints, as well as information on trade and economic and other fields of activity) which, although contain confidential information on a specified field, shall not be classified as state or official secret in accordance with this Law.
(Article 7 amended by HO-318 of 20 March 2002)
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Article 8. |
Powers of state, local self-government bodies and officials to classify information as state or official secret and in the protection of that information |
1. The President of the Republic of Armenia shall:
(a) determine the powers of officials for ensuring protection of state and official secrets within the Office of the President of the Republic of Armenia;
(b) exercise, within his or her competence, other powers in classifying information as state or official secret and in protection of that information.
2. (point repealed by HO-318 of 20 March 2002)
3. The Government of the Republic of Armenia shall:
(a) ensure enforcement of this Law;
(b) develop and approve the state programmes in the field of protection of state and official secrets and ensure implementation of those programmes;
(c) develop and approve the list of officials of state bodies endowed with powers to classify information as state or official secret;
(d) develop and approve the list of information classified as state secret;
(e) take measures to implement the international treaties of the Republic of Armenia on joint use and protection of information constituting state and official secrets and shall, on its part, as prescribed, adopt decisions on the possibility of transferring the bearers of information on state and official secrets to other states;
(f) establish the procedure for registering, keeping and transferring information constituting state and official secrets in the territory of the Republic of Armenia and outside the territory thereof;
(g) establish the procedure for implementation of state control over the dissemination of information constituting state and official secrets in the press and other media, as well as in materials delivered abroad;
(h) (point repealed by HO-317 of 20 March 2002)
(i) establish the procedure for enterprises, institutions, organisations and natural persons to act with bearers of information containing state and official secrets;
(j) approve the procedure for establishing the structural subdivisions for protection of state and official secrets and for organising their activities;
(k) (point repealed by HO-248-N of 6 December 2017)
(l) determine the powers of officials for ensuring protection of state and official secrets within the Staff of the Government of the Republic of Armenia;
(m) exercise, within its competence, other powers in classifying information as state or official secret and in protection of that information.
4. Republican executive, territorial administration and local self-government bodies shall:
(a) ensure implementation of relevant programmes in the field of protection of state and official secrets, as well as fulfilment of the requirements of the legislation on state and official secrets within enterprises, institutions and organisations under their subordination;
(b) ensure, within their competence, the creation and activities of structural subdivisions for protection of state and official secrets within enterprises, institutions and organisations under their subordination, adopt decisions on the restructuring or liquidation of such subdivisions;
(c) (sub-point repealed by HO-318 of 20 March 2002)
(d) (point repealed by HO-248-N of 6 December 2017)
(e) may develop recommendations on the formation of a system for protection of state and official secrets and on improvement of the existing system and submit those recommendations to the Government of the Republic of Armenia for consideration;
(f) exercise, within their competence, other powers in classifying information as state or official secret and in protection of that information.
5. The Constitutional Court, judicial, investigative and prosecuting bodies shall:
(a) ensure protection of state and official secrets during implementation of their activities;
(b) (point repealed by HO-248-N of 6 December 2017)
(Article 8 amended by HO-317 of 20 March 2002, amended, supplemented by HO-318 of 20 March 2002, supplemented by HO-43-N of 19 May 2014, amended by HO-248-N of 6 December 2017)
CHAPTER 2
INFORMATION CLASSIFIED AS STATE OR OFFICIAL SECRET
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Article 9. |
Information to be classified as state or official secret |
The following information may be classified as state or official secret:
1. In the military field:
(a) information on the content of documents regarding the strategic and operational plans of the armed forces, preparation and conduct of operations of the armed forces, strategies, operations and mobilisation of troops, creation and use of the combat efficiency and military call-up reserve thereof;
(b) information on the plans for a military production complex, the content and the results of completion of the plans, the directions for enhancement of armaments and military equipment, the military-technical specifications and the capacities for military application thereof;
(c) information on distribution, significance of facilities of special importance and regime facilities, the level of protection and preparedness thereof, the design and construction of those objects, as well as on allocating territories for those facilities;
(d) information on the distribution, real names, organisational structure, the state of being equipped and quantity of the units and military units of the armed forces of the Republic of Armenia and that of the allied states in the territory of the Republic of Armenia;
(e) information on the level of protection and safety of the population during martial law.
2. In the field of foreign relations:
information on the foreign policy, foreign economic (trade, loans and currency) activities of the Republic of Armenia, the early dissemination of which may cause harm to the vital interests of the Republic of Armenia.
3. In the field of economy, science and technology:
(a) information on the content of preparation plans for protecting the Republic of Armenia from foreign armed attacks, industrial capacities with respect to the production of military products and military equipment, storage and supplies of military raw material and materials, as well as the factual amounts of state material reserves and the distribution thereof, except for the information presented in point (e) of part 1 of Article 10 of this Law;
(b) information on the use of internal structures for the purpose of ensuring the defence and national security of the Republic of Armenia;
(c) information on the amounts of orders for state protection, programmes (assignments), production and supplies of armaments and military equipment, the availability and enhancement of industrial capacities thereof, the partnerships established between enterprises and institutions for that purpose, on the manufacturers of the specified armaments and military equipment or on persons performing technical and scientific adaptations;
(d) information on the activities of major significance in terms of defence or economy, on technical solutions;
(e) information on the level of protection of civil defence forces and resources, protection of administrative management facilities and of the safety of the population;
(f) information on precious metals and precious stones, the state reserves and resources of the Republic of Armenia, the finance and budgetary policy thereof (except for summary indicators describing the overall state of the economy and finance).
4. In the field of intelligence, counterintelligence, operational intelligence activities:
(a) information on forces for intelligence, counterintelligence, operational intelligence activities, resources, sources, methods, plans and results, as well as data on financing of those activities, where those data reveal the listed pieces of information;
(b) information on persons secretly co-operating or having secretly co-operated with bodies of intelligence, counterintelligence and operational intelligence;
(c) information on governmental and other type of special communication system, state codes, the methods and resources for analysis thereof;
(d) information on the methods and resources for protection of confidential information;
(e) information on state programmes and resources in the field of protection of state and official secrets.
(Article 9 supplemented by HO-151-N of 29 September 2014)
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Article 10. |
Restrictions on classification of information as state or official secret |
The following information may not be classified as state or official secret:
(a) information on emergencies, disasters, as well as natural disasters (including officially predicted natural disasters) posing a threat to the security and health of citizens, the consequences thereof;
(b) information on the overall state of the economy, as well as information presenting the real situation in the fields of nature and environmental protection, healthcare, education, agriculture, domestic trade and culture;
(c) information on facts of restrictions on the rights and freedoms of citizens, offences and on the results of sociological studies;
(d) information that, if classified as state or official secret, will have a negative impact on the implementation of state and industry specific programmes for the development of society, economy, science, technology and spiritual-cultural development in the Republic of Armenia;
(e) information on the rapid reaction resources designed to prevent the emergency situations, or in case of emergence thereof - reduce or eliminate the potential consequences, implement rescue and urgent accident-rehabilitation works and provide humanitarian aid.
(Article 10 supplemented by HO-151-N of 29 September 2014)
CHAPTER 3
PRINCIPLES OF ENCRYPTION, CLASSIFICATION OF INFORMATION AS STATE OR OFFICIAL SECRET AND ENCRYPTION OF THAT INFORMATION
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Article 11. |
Principles of encryption |
Information shall be encrypted in accordance with the principles of lawfulness, substantiation and timely performance.
Lawfulness of encryption is the ensuring of compatibility of information being encrypted with the requirements of this Law.
Substantiation of encryption is the establishment of appropriateness of encryption of each piece of information through expert evaluation, based on the interests for ensuring security of the Republic of Armenia.
Timely performance of encryption is the application of restrictions on the dissemination of information from the moment of or before receipt (development) of that information.
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Article 12. |
Classifying information as state or official secret |
Information shall be classified as state or official secret according to the sector or the agency it pertains to.In accordance with the principles of encryption, substantiation of the need to classify information as state or official secret shall be laid on other state bodies, enterprises, institutions and organisations that have received (developed) that information.
Information shall be classified as state or official secret by those state bodies, the officials whereof are endowed with powers to classify information as state or official secret.
For the purpose of implementing a unified state undertaking in the field of encryption of information, a list of information classified as state secret of the Republic of Armenia shall be developed as prescribed by the Government of the Republic of Armenia, and the state bodies endowed with powers to dispose each of the data shall also be indicated in the list.
The list of information classified as state secret of the Republic of Armenia shall be established by the Government of the Republic of Armenia and shall be publicated.
Those state bodies, the heads whereof are endowed with powers to classify information as state or official secret, shall develop the expanded agency lists with information to be encrypted, including the following:
(a) the information classified as state secret which they are endowed with the power to dispose;
(b) the information classified as official secret.
The level of confidentiality of each of the included pieces of information shall also be indicated in the agency lists. The lists and the amendments and supplements made thereto shall be approved by the relevant heads of state bodies.
Agency lists shall not be encrypted and shall be subject to publication, except for cases when the title (name) of specific information included therein may per se be state or official secret by virtue of the fact of stipulation. Such information shall be encrypted as prescribed by this Law.
(Article 12 edited, amended, supplemented by HO-21-N of 21 March 2013)
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Article 13. |
Encryption of information |
Encryption of information shall, as prescribed by the Government of the Republic of Armenia, be done by determining the level of confidentiality of each individual piece of information and assigning an imprint of confidentiality to the relevant bearer of information.
The basis for encryption of the information received (developed) by state bodies, enterprises, institutions and organisations shall be the relevance of that information to the existing lists of information subject to encryption within the given bodies, enterprises, institutions and organisations.
In case of impossibility of presenting the received (developed) information along with the information included in the existing list, the officials of state bodies, enterprises, institutions and organisations shall be obliged to ensure initial encryption of such information, in accordance with the assumed level of confidentiality, and forward, within a fifteen-day period, recommendations on making a supplement (amendment) to the list to the official approving the specified list.
Officials approving the existing list shall, within a two-month period, be obliged to organise expert evaluation of the recommendations received or the information that they have received (developed) and initially encrypted and adopt a decision on making a supplement (amendment) to the existing list or on removing the imprints of confidentiality previously given to the information. Required indications shall be made and additional indications may be made on the bearers of encrypted information and the documents accompanying that information, and the types of additional indications and procedure for indication shall be established by the Government of the Republic of Armenia.
(Article 13 amended by HO-318 of 20 March 2002)
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Article 14. |
Restriction on the right of ownership of enterprises, institutions, organisations and citizens of the Republic of Armenia over information |
Officials endowed with powers to classify information as state or official secret shall be entitled to adopt decisions on encryption of information that is owned by enterprises, institutions, organisations and citizens, where that information contains data classified as state or official secret. The specified information shall be encrypted upon submission by the owner of the information or at the initiative of the relevant state body, by compensating the damage caused to the owner as a result of encryption. Compensation shall be made from the funds of the State Budget, the amount of the compensation shall be determined by the contract concluded between the owner of the information and the state body that disposes that information. The contract shall also envisage the obligation of the owner on non-disclosure of the information.
In case of refusing to sign the contract, the owner of the information shall be warned in writing about the liability envisaged by legislation for disseminating information constituting state and official secrets.
The owner of the information shall have the right to file a complaint against the actions of an official through judicial procedure.
From the moment of encryption of information, the owner of the information included therein shall be deemed to be the State.
CHAPTER 4
TIME LIMITS FOR KEEPING INFORMATION CONSTITUTING STATE AND OFFICIAL SECRETS AND DECRYPTION OF THE INFORMATION
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Article 15. |
Time limits for keeping information constituting state and official secrets |
From the moment of encryption, the following information constituting state and official secrets shall be kept as a secret:
(a) information with the level of confidentiality "Of Special Importance" and "Top Secret" - for up to 30 years. If necessary, the Government of the Republic of Armenia may set longer time limits than the one specified;
(b) information with the level of confidentiality "Confidential" - for up to 10 years.
Those state bodies, the heads whereof are endowed with powers to classify information as state or official secret shall, no later than once every 5 years, be obliged to review the substantiation of information subject to encryption which is included in the existing agency lists of state bodies and to establish the relevance of the previously granted levels of confidentiality to that information. For security purposes, the heads of the specified bodies shall be entitled to extend the previously established time limits for keeping encrypted information, but for a period of not more than 5 years.
(Article 15 amended by HO-318 of 20 March 2002)
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Article 16. |
Decryption of information |
The grounds for decryption of information shall be:
(a) the international commitments assumed by the Republic of Armenia for open exchange of information constituting state and official secrets;
(b) the change of objective circumstances as a result of which further keeping and protection of information constituting state and official secrets becomes inappropriate.
Upon expiry of the time limits envisaged by this Law for keeping the information, information constituting state and official secrets shall, as prescribed, be decrypted and be deemed to be open for getting familiarised or shall be destroyed as prescribed.
The time limits established for keeping encrypted information may be reduced, and the information may be decrypted earlier than the time limit set upon the decision of the Government of the Republic of Armenia.
Information constituting state and official secrets shall be decrypted by state bodies, enterprises, institutions and organisations disposing the information, the heads whereof directly organise and direct the activities for decryption.
Information constituting state and official secrets shall, within a three-month period following decryption, be subject to delivery to the National Archives of the Republic of Armenia for keeping.
The Government of the Republic of Armenia shall establish the procedure for delivering information the time limits for keeping whereof have expired and which constitute state and official secrets, as well as for delivering the information decrypted to the National Archives of the Republic of Armenia or the procedure for destroying that information.
(Article 16 supplemented by HO-318 of 20 March 2002)
CHAPTER 5
DISPOSAL AND USE OF INFORMATION CONSTITUTING STATE AND OFFICIAL SECRETS
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Article 17. |
Transfer of information constituting state and official secrets |
While carrying out activities in relation to the use of information constituting state and official secrets, the specified information may, where necessary, be transferred by state bodies, enterprises, institutions and organisations to other interested bodies, enterprises, institutions, organisations and natural persons, upon permission of the state body that disposes that information, pursuant to Article 12 of this Law.
State bodies, enterprises, institutions and organisations shall, prior to transfer of information constituting state or official secret, be obliged to be convinced that the state bodies, enterprises, institutions and organisations receiving that information are, as prescribed by the Government of the Republic of Armenia, entitled to carry out activities by using information of a relevant level of confidentiality and that natural persons have the appropriate permit to deal with that information.
State bodies, enterprises, institutions and organisations disposing information constituting state and official secrets shall, in cases of changing their operations and form of ownership, terminating or eliminating activities with the use of information constituting state and official secrets, be obliged to take measures to ensure protection of the specified information. The bearers of such information shall, as prescribed, be eliminated, delivered for keeping in the archives or transferred to:
(a) the legal successor of the state body, enterprise, institution or organisation disposing the information constituting state and official secrets, where the legal successor has powers to carry out activities with the use of the above-mentioned information;
(b) the state body that disposes the information corresponding thereto, pursuant to Article 12 of this Law;
(c) another state body, enterprise, institution or organisation, upon the decision of the Government of the Republic of Armenia.
(part repealed by HO-91-N of 16 January 2018)
(part repealed by HO-318-N of 20 March 2002)
(Article 17 supplemented, amended, edited by HO-318-N of 20 March 2002, amended by HO-91-N of 16 January 2018)
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Article 18. |
Performance of joint activities |
Where it is necessary to perform joint activities with the use of information constituting state and official secrets, a contract on performing joint activities shall be concluded between the contractor of those activities - state body, enterprise, institution or organisation - and state or non-state enterprise, institution or organisation, as well as the natural person involved in the joint activities.
In the contract, the mutual commitments of the parties to the contract (both during and after performance of activities) for ensuring keeping of information constituting state and official secrets, the grounds for early termination of the contract shall be envisaged and the terms for financing activities for protection of information being transferred shall be established along with other necessary terms.
In accordance with the provisions of the contract concluded by the parties, the person responsible for organising control over protection of state and official secrets during performance of joint activities shall be the contractor of those activities.
CHAPTER 6
PROTECTION OF STATE AND OFFICIAL SECRETS
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Article 19. |
Organising protection of state and official secrets |
Protection of state and official secrets shall be ensured by state bodies, enterprises, institutions and organisations disposing the information constituting such secrets and performing activities with the use of that information, within the limits of their competence and in accordance with the objectives set forth for them.
The heads of state bodies, enterprises, institutions and organisations shall be responsible for organising protection of information constituting state and official secrets within those state bodies, enterprises, institutions and organisations.
Depending on the amount of activities performed with the use of information constituting state and official secrets, the heads of state bodies, enterprises, institutions and organisations shall create structural subdivisions for the protection of state and official secrets, the functions whereof shall be determined by the specified heads, in accordance with the regulatory legal acts of the Government of the Republic of Armenia and taking into consideration the peculiarities of the activities that are performed by the subdivisions.
Performance of any type of activity with the use of information constituting state and official secrets shall be permitted only after the necessary measures that are undertaken for protection thereof are ensured.
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Article 20. |
Permit to deal with state and official secrets |
(title amended by HO-318 of 20 March 2002)
The following may have a permit to deal with state and official secrets:
(a) citizens of the Republic of Armenia - on the basis of volunteerism;
(b) foreign citizens and stateless persons, as prescribed by the Government of the Republic of Armenia.
To deal with state and official secrets, citizens must be entitled to do so, which is granted upon the written consent of citizens, by authorised bodies, by way of conducting testing events and, based on the positive results of such events, by conclusion of a non-disclosure employment agreement with state bodies, enterprises, institutions or organisations.
The testing events for citizens, the purpose of conduct of which is to detect the grounds provided for by Article 21 of this Law, shall be conducted as prescribed by the legislation of the Republic of Armenia.
The non-disclosure employment agreement concluded with the relevant citizen shall envisage:
(a) the obligation of a citizen before the State with regard to non–disclosure of information constituting state and official secrets entrusted to him or her;
(b) the terms for application of temporary restrictions on the rights of a citizen, in accordance with Article 23 of this Law;
(c) the awareness of a citizen of the legislative norms of the Republic of Armenia regarding state and official secrets;
(d) the rights and obligations of the parties;
(e) the grounds for early termination of the non-disclosure employment agreement;
(f) the validity term of the non-disclosure employment agreement .
The non-disclosure employment agreement may also envisage other terms that the parties might deem as necessary. Three forms for a permit to deal with state and official secrets shall be established in accordance with the three levels of confidentiality of information constituting state and official secrets, including:
(a) "Of Special Importance";
(b) "Top Secret";
(c) "Confidential" information.
The existence of a permit to deal with information of a higher level of confidentiality shall be a basis for dealing with information of a lower level of confidentiality (based on official need - with respect to the part relating thereto).
The procedure for preparing a permit for citizens, as well as for officials to deal with state and official secrets shall be established by the Government of the Republic of Armenia.
(Article 20 amended, edited by HO-318-N of 20 March 2002, amended by HO-248-N of 6 December 2017)
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Article 21. |
Grounds for rejection to deal with state and official secrets |
(title amended by HO-318 of 20 March 2002)
The right to deal with state and official secrets shall not be granted to a citizen, where:
(a) he or she has been declared as having no or limited active legal capacity or as a particularly dangerous recidivist, as prescribed by legislation;
(b) he or she has a record of conviction for an intentional crime or criminal prosecution is initiated against him or her for committing such a crime, as prescribed by legislation;
(c) in accordance with the list approved by the Government of the Republic of Armenia, he or she suffers from a disease the existence of which hinders performance of activities with the use of information constituting state and official secrets;
(d) he or she prepares documents to leave for another state for permanent residency;
(e) as a result of testing events, it has been detected that he or she has performed actions posing a threat to the security of the Republic of Armenia;
(f) he or she evades testing events or has presented obviously false data.
(Article 21 amended by HO-318 of 20 March 2002)
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Article 22. |
Grounds for terminating the right to deal with state and official secrets |
The right of a citizen to deal with state and official secrets may be terminated where:
(a) non-disclosure employment agreement concluded therewith has been cancelled as prescribed by legislation;
(b) any of the grounds provided for by Article 21 of this Law has emerged.
Termination of the right to deal with state and official secrets shall not relieve the citizen of the obligation assumed with regard to non-disclosure of information constituting state and official secrets.
Where a citizen disagrees with the decision of the head of the relevant state body, enterprise, institution or organisation on termination of the right to deal with state and official secrets, he or she shall have the right to appeal against that decision, as prescribed by the legislation of the Republic of Armenia.
(Article 22 amended by HO-318 of 20 March 2002)
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Article 23. |
Temporary restrictions of rights |
Pursuant to Article 20 of this Law, the rights of citizens who have the right or have previously had the right to deal with state and official secrets may be temporarily restricted.
Such restrictions may apply to:
(a) the right to disclose information constituting state and official secrets;
(b) the right to use discoveries and creations constituting state and official secrets.
The restrictions provided for by this Article shall apply from the moment of giving citizens the right to deal with state and official secrets, shall be in effect for the entire period of performance of activities with the use of information constituting state and official secrets, until decryption of the specified information, in accordance with this Law.
(Article 23 amended by HO-318 of 20 March 2002)
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Article 24. |
Getting familiarised with information constituting state and official secrets |
Only citizens with the right to deal with information constituting state and official secrets may get familiarised with such secrets, exclusively upon the permission of the authorised official of the relevant state body, enterprise, institution or organisation.
The Government of the Republic of Armenia shall establish the procedure for getting familiarised by citizens with information constituting state and official secrets.
(Article 24 amended by HO-318 of 20 March 2002)
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Article 25. |
Inter-agency and agency oversight over protection of state and official secrets |
Inter-agency and agency oversight shall be prescribed for the purpose of ensuring protection of state and official secrets.
Inter-agency oversight for ensuring protection of state and official secrets within republican executive and territorial administration bodies, enterprises, institutions and organisations shall be carried out by the state body governing the field of national security of the Republic of Armenia, as prescribed by the Government of the Republic of Armenia.
Agency oversight for the protection of state and official secrets shall, in compliance with this Law, be carried out by republican executive bodies endowed with powers to dispose information constituting state and official secrets, as prescribed by the Government. The specified bodies shall be obliged to oversee the effectiveness of protection of information constituting state and official secrets within all the subordinate enterprises, institutions and organisations performing activities with the use of that information.
Oversight for ensuring protection of state and official secrets within the Office of the President of the Republic of Armenia, the Staff of the National Assembly and the Staff of the Government, the Constitutional Court, judicial, investigative and prosecuting bodies shall be organised by the President of the Republic of Armenia, the Chairperson of the National Assembly, the Prime Minister, the President of the Constitutional Court and the heads of relevant bodies with the support of the republican executive body of national security of the Republic of Armenia.
(Article 25 supplemented by HO-318 of 20 March 2002, HO-43-N of 19 May 2014)
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Article 26. |
Financing of measures for the protection of state and official secrets |
State bodies, budgetary enterprises, institutions and organisations, structural subdivisions for protection of state and official secrets shall finance the measures for the protection of state and official secrets from the funds of the State Budget, and non-state entities performing activities with the use of information constituting state and official secrets in accordance with this Law - from own funds.
Oversight over expenditures of the financial resources allocated for implementation of the measures for protection of state and official secrets shall be carried out by the heads of state bodies, enterprises, institutions and organisations (irrespective of form of ownership), as well as by representatives of the Audit Chamber of the Republic of Armenia and the state body governing the field of finance of the Republic of Armenia specifically authorised for that purpose, within the limits of their competences. Where implementation of oversight implies familiarisation with information constituting state and official secrets, then the specified persons must have the right to deal with information of the relevant level of confidentiality.
(Article 26 amended by HO-318 of 20 March 2002, HO-64-N of 16 January 2018)
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Article 27. |
Liability for violation of the legislation on state and official secrets |
Persons guilty of violation of the legislation of the Republic of Armenia on state and official secrets shall, in compliance with the existing legislation, bear criminal, administrative or disciplinary liability.
CHAPTER 7
FINAL PROVISION
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Article 28. |
Entry into force of the Law |
This Law shall enter into force from the moment of its promulgation.
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President |
L. Ter-Petrosyan |
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30 December 1996, city of Yerevan HO-94 |
