On approval of the Agreement on the Legal Regime of Information Resources of the Border Troops of the Member States of the Commonwealth of Independent States
Decree of the President of the Republic of Kazakhstan dated September 29, 1999 No. 219
1. To approve the Agreement on the Legal Regime of information Resources of the Border troops of the member States of the Commonwealth of Independent States, signed in Moscow on November 25, 1998. 2. This Decree comes into force from the date of its signing.
President of the Republic of Kazakhstan
Application
Unofficial text
Agreement on the Legal Regime of information Resources of the Border Troops of the Member States of the Commonwealth of Independent States (Moscow, November 25, 1998)
signed: Republic of Armenia, Republic of Belarus, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Russian Federation, Republic of Tajikistan
notifications have been submitted:
Republic of Belarus - deposited on April 2, 1999;
Republic of Armenia - deposited on August 5, 1999;
Republic of Kazakhstan - deposited on October 20, 1999;
Kyrgyz Republic - deposited on April 13, 2000
(about the need to perform
domestic procedures);
Republic of Tajikistan - deposited on August 9, 2000;
Russian Federation - deposited on February 12, 2001.
The Agreement entered into force on the date of signing.
entered into force for the States:
Republic of Belarus - November 25, 1998 (from the date of signing);
Russian Federation - November 25, 1998 (from the date of signing);
Republic of Armenia - August 5, 1999;
Republic of Kazakhstan - October 20, 1999;
Republic of Tajikistan - August 9, 2000;
Note:
The depositary has not received a notification from Georgia on the implementation of internal procedures or on the absence of the need for their implementation.
The States Parties to this Agreement, represented by their Governments, hereinafter referred to as - The Parties, attaching great importance to the legal regulation of relations in the formation and use of information resources of the border troops and increasing the effectiveness of mutually beneficial cooperation in this area, based on the documents on border cooperation adopted within the framework of the Commonwealth of Independent States and desiring to develop the agreements provided for in the agreements on mutual security of interstate secrets of January 22, 1993, on information security implementation of the multilateral agreements of September 24, 1993, on the exchange of information on the protection of the external borders of the member States of the Commonwealth of Independent States dated April 12, 1996 and the Decision on the Concept of an Interstate subsystem of information Exchange between the border troops of the member States of the Commonwealth of Independent States dated October 18, 1996, striving to provide each other with the widest possible assistance in replenishing the information resources of the border troops, ensuring their necessary protection and rational use in the process of interstate information exchange, agreed on the following:
Article 1 Definition of terms
For the purposes of this Agreement, the following terms have the following meanings:: information - information about persons, objects, facts, events, phenomena and processes, regardless of the form of their presentation; document - a means of documentation containing, in a fixed form, according to established forms and rules, information necessary for the implementation of information processes; material information carrier - material with certain physical properties that can be used for recording and information storage; documented information is information recorded on a tangible medium with details that allow it to be identified.; information resources are a set of documented information in information systems processed in a certain order; an information system is an organizationally ordered set of information resources and information technologies that implements information processes; information technology is a set of methods, methods, techniques and means of processing documented information and a regulated procedure for its application.; information processes - processes of collecting, processing, accumulating, storing, updating, searching and providing information to the user; interstate secrets are state secrets determined in accordance with the national legislation of the Parties, transferred by these Parties within the framework of cooperation in accordance with the procedure established by each of the Parties, as well as secrets formed during joint events.; State secrets are secrets protected by each Party independently in political, economic, military and other fields of activity, the dissemination of which may harm their security.; secrets are of special importance, top secret and classified information, documents and materials, unless other degrees (grades) of secrecy provided for by the regulations of each Party are additionally specified.; confidential information is information to which access is restricted in accordance with the national legislation of each of the Parties or agreements reached within the framework of their cooperation.; competent authorities - ministries, departments, institutions, enterprises and organizations of the Parties, as well as bodies of the Commonwealth of Independent States authorized by the Parties to act in this capacity.
Article 2 Subject of the Agreement
1. The subject of this Agreement is to coordinate the legal regime of that part of the information resources of each of the Parties, which is intended for interstate information exchange carried out between their border troops, relevant departments, bodies and services, according to the list of issues agreed by the Parties. All relations regarding other information resources are regulated by the national legislation of each of the Parties. 2. The Parties define the legal regime of information resources of the border troops as agreed norms establishing: a) ownership of information, individual documents and arrays of documents in information systems; b) the procedure for documenting information, making documents legally binding and confirming it; c) categories of information according to the level of access to it; d) purposes and procedures for information protection; e) the rights of subjects involved in interstate information exchange between border states by the troops of the Parties.
Article 3 Ownership relations
1. The Parties are the owners of the information resources of their border troops and fully exercise their powers to own, use and dispose of these resources, including the right to establish the regime and rules for processing, protecting and accessing information resources belonging to them. 2. Owners of information resources who provide documented information for joint ownership by the Parties shall not lose the rights to these documents and to use the information contained therein. 3. The owners of information resources of the border troops are recognized as competent authorities determined by the Parties, exercising the authority to form, own, use and dispose of these information resources to the extent established by their owners. 4. The Parties delegate the right to form information resources of the border troops provided by each of the Parties for joint use and to exercise the powers of the owner of these resources to the Council of Commanders of the Border Troops and its permanent working body, the Coordination Service. 5. Users of information resources of the border troops are the subjects of interstate information exchange agreed by the Parties, who contact the owners or owners of such resources to obtain the documented information they need and use it. 6. The transfer of information resources of the border troops or part of them from the owner to another owner does not mean the simultaneous transfer of ownership of these resources, just as ownership of information systems or technologies does not imply ownership of information resources processed with their help.
Article 4 Documenting information
1. Documentation of information is a prerequisite for its inclusion in the information resources of the border troops of the Parties. For each method of information exchange, the procedure for documenting it is determined in accordance with the Unified Structured Forms of Information Resources agreed upon by the Parties and approved within the framework of the Council of Commanders of Border Troops. 2. Documents, including those obtained from automated information systems, acquire legal force after they are signed by competent officials. 3. The legal force of documents stored, processed and transmitted using automated information and telecommunication systems can be confirmed by an electronic digital signature if these systems have appropriate software and hardware tools to identify the signature and comply with the established mode of use of such tools. and compliance with the established regime of using such funds.
Article 5 Access to information
1. The information resources of the border troops provided by the Parties for interstate information exchange are open and publicly accessible. The exception is documented information classified as restricted access by the relevant interstate (intergovernmental) agreements and legislation of the Parties. 2. Information with limited access is divided into information containing interstate secrets of the Parties, their state secrets and confidential information. 3. The assignment of information to the appropriate category of restricted access and the definition of its legal regime is carried out in accordance with the national legislation of each of the Parties. 4. The Parties shall entrust the determination of the procedure for access to the information resources of the border troops intended for sharing, the list of users and the rules for the exchange of documented information to the Council of Commanders of the Border Troops.
Article 6 Information protection
1. Information resources of the border troops, which are the property of the Parties, as well as those in their joint possession or in the possession of competent authorities designated by the Parties, are subject to mandatory accounting and protection. 2. The objectives of protection are: preventing threats to the security of the Parties in any form of unauthorized access and illegal interference in information resources and systems; preservation of interstate and state secrets of each of the Parties, confidentiality of documented information and personal data available in information systems; prevention of leakage, theft, loss, distortion and forgery of information; ensuring compliance with the legal regime of documented information as an object of ownership of the Parties, as well as the rights of subjects in information processes. 3. Owners and users of information resources of the border troops containing information classified by the Parties as restricted access (interstate and state secrets, confidential information) have the right to dispose of such information and use it only with the permission of the competent authorities of the Parties, and are also required to notify the owner of all violations of information protection requirements. 4. The Parties that own the information resources of the border troops, or the bodies and officials authorized by them, have the right to monitor compliance with the requirements for the protection of information belonging to them, including suspending the rights to its possession and use in case of non-compliance with these requirements.
Article 7 Use of information
1. The Parties, their competent authorities and the users of information resources of the border troops determined in accordance with this Agreement have equal rights to access these resources and are not obliged to justify to their owners the need to obtain the requested information. The exception is information with limited access. 2. The owners of information resources provide users with information from the information resources of the border troops in the manner determined by the owner of these resources, in compliance with the provisions of this Agreement. 3. The competent authorities designated by the Parties, responsible for the formation and use of information resources of the border troops, provide conditions for the prompt and complete provision of documented information to users in accordance with the agreements and mutual obligations reached by the Parties. 4. The procedure for using information with limited access is determined by the competent authorities of each of the Parties in accordance with national legislation, interstate (intergovernmental) agreements and other regulatory legal acts adopted by the Parties within the framework of the Commonwealth of Independent States.
Article 8 Implementation of the Agreement
1. The Parties entrust the Council of Border Troops Commanders with coordinating measures for the implementation of this Agreement, conducting the necessary consultations (negotiations) and reaching agreements that do not exceed its competence. 2. This Agreement does not affect the provisions of other international treaties to which the Parties are Parties. 3. This Agreement may be amended and supplemented by mutual agreement of the Parties, which are formalized in a separate protocol. 4. Disputes and disagreements related to the implementation and interpretation of this Agreement are resolved by the Parties through consultations and negotiations. If it is impossible to settle disputes and disagreements through negotiations, the Parties apply to the Economic Court of the Commonwealth of Independent States.
Article 9 Final provisions
1. This Agreement shall enter into force from the date of signature, and for States whose legislation requires the implementation of internal procedures necessary for its entry into force, from the date of transmission of the relevant documents to the depositary. The agreement is valid for five years. After this period, the Agreement is automatically extended each time for another five-year period, unless the Parties decide otherwise. 2. Each Party may withdraw from this Agreement by sending a written notification to the depositary no later than 6 months prior to withdrawal. 3. This Agreement is open for accession by any member State of the Commonwealth of Independent States by sending a corresponding notification to the depositary. Done in Moscow on November 25, 1998, in one original copy in the Russian language. The original copy is kept at the Executive Secretariat of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.
For the Government For the Government of the Republic of Azerbaijan of the Republic of Moldova
For the Government For the Government of the Republic of Armenia Of the Russian Federation
For the Government For the Government of the Republic of Belarus of the Republic of Tajikistan
For the Government For the Government of Georgia Turkmenistan
For the Government For the Government of the Republic of Kazakhstan of the Republic of Uzbekistan
For the Government For the Government of the Kyrgyz Republic Of Ukraine
I hereby certify that the attached text is an authentic copy of the Agreement on the Legal Regime of Information Resources of the Border Troops of the Member States of the Commonwealth of Independent States, adopted at the meeting of the Council of Heads of Government of the Commonwealth of Independent States, which took place on November 25, 1998 in Moscow. The original copy of the above-mentioned Agreement is kept at the Executive Secretariat of the Commonwealth of Independent States.
First Deputy Executive Secretary of the Association of Independent States
(Experts: Tsai L.G. Sklyarova I.V.)
President
Republic of Kazakhstan
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