Article 26. Transfer of information constituting state secrets in connection with the performance of joint secret work of the Law on State Secrets
The footnote. Title of Article 26 as amended by the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective sixty calendar days after the date of its first official publication).
1. The transfer of information constituting state secrets to organizations or citizens in connection with the performance of joint secret work is carried out by the customer of these works with the permission of the state body, which has the relevant information at its disposal in accordance with Article 15 of this Law, and only to the extent necessary for the performance of these works. At the same time, before transferring information constituting state secrets, the customer must ensure that the organization has permission to carry out work using information of the appropriate degree of secrecy, and citizens have the appropriate security clearance.
2. When conducting joint secret work (receiving government orders) and there is a need to use information constituting state secrets, organizations may conclude contracts with other organizations for the use of services of their structural divisions for the protection of state secrets, as indicated in permits for work using information constituting state secrets., of both Contracting Parties.
The contract for joint secret work, concluded in accordance with the established procedure, provides for mutual obligations of the parties to ensure the safety of information constituting state secrets, both during the work and after its completion, as well as the conditions for financing work (services) to protect information constituting state secrets.
3. The organization of control over the protection of state secrets during joint secret work is entrusted to the customer of these works in accordance with the provisions of the agreement concluded by the parties.
If the contractor violates its obligations to protect state secrets during joint secret work, the customer has the right to suspend the execution of the order until the violations are eliminated, and in case of repeated violations, to raise the issue of canceling the order and authorizing work using information constituting state secrets and bringing the perpetrators to justice. In this case, the material damage caused by the contractor to the state in the person of the customer is subject to recovery in accordance with the legislation of the Republic of Kazakhstan.
4. The procedure for the transfer of information constituting state secrets in connection with the performance of joint secret work is determined by the Government of the Republic of Kazakhstan.
The Law of the Republic of Kazakhstan dated March 15, 1999 N 349-1.
This Law defines the legal framework and a unified system for the protection of state secrets in the interests of ensuring the national security of the Republic of Kazakhstan, regulates public relations arising in connection with the classification of information as state secrets, their classification, disposal, protection and declassification.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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