Adopted by the State Duma
on June 5, 1996

Chapter 1

General provisions

Article 1

Purpose and scope of the present Federal Law

1. The purpose behind the present Federal Law consists in creating conditions for Russia to actively participate in international information exchange, protect its national interests, the interests of the federal subjects and municipal entities in the process of this exchange as well as protect the rights, freedoms, and interests of private individuals and legal entities.

2. The present Federal Law does not overlap the jurisdiction of the Russian Federation Law "On copyright and neighboring rights". International exchange of confidential information and mass information is conducted along the provisions of the present law and other federal laws and normative acts.

Article 2

Terminology

Documented information (document) is information affixed onto a material carrier with identifying markings.

Confidential information is documented information with access limited by statutory or legislative provisions.

Mass information is printed, audio, visual and other messages meant for the general public.

Informational resources are separate documents and bodies of documents, documents and bodies of documents in information systems (libraries, archives, foundations, databanks, and other information systems).

Informational products are documentary customized information.

Informational services are actions undertaken by subjects (owners and proprietors) to provide users with informational products.

An owner of documented information, informational resources, informational products, and (or) means of internal informational exchange is a subject fulfilling his rights in terms of owning and disposing of the aforementioned subjects to the extent determined by the owner.

The user (consumer) of information as well as means of international informational exchange is a subject approaching the owner or the proprietor for permission to obtain and use any desired informational products or permission to use the means of international communication.

Informational processes are processes of creating, collecting, processing, storing, retrieving, disseminating, and consuming information.

International informational exchange is transmitting and receiving informational products as well as providing informational services across the borders of Russian Federation.

Means of international informational exchange are informational systems, networks and communications used in international informational exchanges.

Informational environment is the sphere of activities related to generating, processing and use of information.
Informational security is protecting the informational environment in the community to ensure its development to serve public interests.

Article 3

Objects and subjects of international information exchange

1. The following subjects of international information exchange are singled out - documented information, informational resources, informational products, informational services, and means of international information exchange.

2. The following entities and individuals may be recognized as subjects of international information exchange - Russian Federation, federal subjects, state government and local self-government bodies, legal entities and private individuals residing both in Russian Federation and abroad as well as persons without citizenship.

Article 4

State responsibilities in international information exchanges

State government institutions of Russian Federation and its subjects are called to fulfill the following functions:
- provide conditions for adequately supplying Russian Federation and its subjects, municipal entities, private individuals and legal entities with foreign informational products and services
- ensure timely and adequate replenishment of state informational resources by foreign informational products
- promote modern information technology to ensure active participation herein by Russian Federation, its subjects, municipal entities as well as private individuals and legal entities in Russian Federation
- provide conditions for protection of domestic owners and proprietors of documented information, informational resources and products, means of international informational exchange and end users from low quality and false information along with unfair competition on the part of private individuals and legal entities residing or located in other states
- promote market relations during international information exchange

Article 5

Participation by municipal entities in international information exchange

1. Municipal entities take part in international informational exchanges as subjects of law representing the interests of the local community within their jurisdiction. Local government institutions shall represent municipal entities in the issues related to international information exchange in accordance with the acting law defining the status of the aforementioned institutions.

2. Municipal information services and mass media are authorized to take part in international information exchanges on an independent basis.

Chapter II

Legal aspects of participation in international information exchanges

Article 6

The right of ownership to informational products and means of international information exchange

1. Objects of owners' property rights include documented information, informational resources and products along with means of international informational exchange. Legal relations concerning ownership rights to Russian informational products fall within the jurisdiction of the acting civil legislation.

2. Relations linked to the property rights emerging while providing or receiving an informational service are defined in a contract between the owner or proprietor of the informational products and the user. The fact of providing an informational service does not constitute ground for ceding of the copyright to the documented information to the user.

3. Informational products are considered a saleable product unless required otherwise by the international treaties, to which Russian Federation is a party, and the current legislation.

Article 7

Freely Exportable Documented Information

The exports of the following types of information from Russian Federation may not be limited under any circumstances:
- laws and other normative acts defining and delimiting the legal status of state government and local self-government institutions, organizations, public associations along with the rights, freedoms, and responsibilities of citizens and their implementation
- documents related to emergencies or containing ecological, meteorological, demographic, sanitary, epidemiological, and other information required for maintaining public safety in residential areas, production facilities as well as ensuring security of foreign citizens
- documents accumulated in open library funds and other types of information systems
- mass and other information in accordance with the Russian Federation legislation

Article 8

Restrictions in international information exchange

1. The following types of documented information are restricted for exports outside Russian Federation:
- information classified as state secrets
- information designated as national property
- archives
- other documented information categories whose exportability is subject to statutory restrictions

The Russian Federation Government shall set out to determine the possibility of exporting any given pieces of information in each separate instance.

The limitations in question will extend to circulation of documented information within the territory of Russian Federation with access to domestic information systems and networks provided simultaneously to users residing outside Russian Federation.

2. The right to import foreign informational products, which may subsequently be used for criminal activity prosecutable under the RF legislation or other illegal actions, will be granted to legal entities authorized by the Russian Federation government.

3. Owners or proprietors of documented information, informational resources and products, means of international informational exchange shall have the right to appeal against governmental decisions restricting international information exchange, if they appear unjustified and are shown to be contrary to the law.

Article 9

Using means of international information exchange

1. Means of international information exchange shall be used in Russian Federation at the free will of their owner or proprietor or their legal representative(s).

2. Protection of classified information by the state extends solely to the part of international information exchange effected by legal entities and private individuals licensed to execute such activities and using certified means of international informational exchange. Certification and licensing shall be conducted by the Committee on Information Technology Policy, the State Technical Commission working under the Russian Federation President, and the Federal Agency on Government Communications and Information. Certification and licensing procedures shall be determined by the Russian Federation government.

3. Once malfunctions or other breakdowns in the means of international information exchange occur both through technological factors or human error along with false information, the owner or proprietor of these means of information exchange shall submit a timely communication to that effect to the controlling body and the owner or proprietor of the partnering information exchange means. Failure to do that entails responsibility for the damages incurred by the other party (s).

4. The requirements laid out in the present article shall be applied to communication networks unless they contradict the Federal Law "On communications".

Article 10

Using informational systems and networks as means of international information exchanges

1. Informational systems and networks are used as means of international information exchanges under an international code. International codes shall be assigned by the Russian Federation Government.

2. Informational systems and networks with restricted access shall be used as means of international information exchanges under permission from the State Technical Commission and the Federal Agency for Government Communications and Information under the Russian Federation President.

Article 11

Replenishment of state informational resources through international informational information exchange

The procedure for replenishing state informational resources, selecting documented informational resources for that purpose (including information acquired on a commercial basis), and usage are set forth by the Government of Russian Federation.

Article 12

Access to means of international information exchange and foreign informational products

1. Access to means of international information exchange and foreign informational products for private individuals and legal persons in Russia is granted under the rules set by the owner or proprietor of these means of communication in accordance with the RF legislation. The owner or the proprietor of the means of international information exchange and informational products will undertake to keep the rules of access to the heretofore-mentioned means and information for reference by the present and future users.

2. Refusal of access to the means of international information exchange and foreign informational products may be appealed against at the court of law, in case the owner or the proprietor of the means or informational products in question is with the jurisdiction of Russian Federation or at the international arbitration institutions.

3. Access to communication networks is provided in accordance with the RF Law "On communications".

Article 13

Preventing monopolistic activity during international information exchange

Prevention of monopolistic activity and unfair competition in international information exchanges shall rest with the federal anti-monopolistic body in accordance with the RF legislation.

Article 14

Providing protection to citizens, legal bodies and the state from falsified or untrue information obtained during international information exchange

1. Dissemination of untrue or falsified documented information of foreign origin on the RF territory is declared inadmissible.

2. Responsibility for disseminating such information shall be assigned to the subject of international information exchanges, which has obtained such information and (or) disseminate it on the RF territory.

Article 15

Coordination of international information exchanges

Coordination of international information exchanges will rest with the Committee on Information Technology with the RF President and rely on the procedures established in the relevant laws.

Chapter III

Control and responsibility in international informational exchanges

Article 16

Control over international information exchanges

Control over international information exchanges lies with the federal executive institutions and local executive authorities within the limits of competence set forth in the relevant legislation.

Article 17

Certification of informational products, services and means of international information exchange

1. While importing informational products to Russian Federation the importer will produce a certificate guaranteeing conformity of the products and services imported to the provisions present in the contract. In case certification is for some reason deemed impossible, the risks and hazards associated with the use of the imported informational products and services shall be incurred by the importer.

2. The means of international information exchange that process documented information with limited access as well as security measures and protection means related hereto will be subject to obligatory certification.

3. The procedure for certification of networks is provided for in the Federal Law "On communications".

Article 18

Licensing of international information exchanges

Activities carried out in Russian Federation under the framework of international information exchange shall be subject to licensing in the cases when the outputs of these activities are meant for exports or, alternatively, documented information is imported into Russian

Federation to replenish the informational resources belonging to the state at the expense of the federal budget or budgets of the Russian Federation subjects unless these activities fall contrary to the international treaties, to which Russia is a party, and the Russian Federation legislation.

Article 19

Suspension of international information exchanges

In the event of violations of the law occurring during international information exchanges pursued by the institutions mentioned in Article 16 of the present Federal Law, the exchanges is question may be suspended for a period of up two months. The suspension may be appealed against at the court of law. The responsibility for failing to comply with the contract provisions regarding international informational exchanges will be assigned to the parties in accordance with the international treaties, to which Russian Federation is a party, and the Russian Federation legislation.

Article 20

Responsibility for violations during international informational exchange

Actions under international informational exchange constituting an administrative or criminal offense and perpetrated by legal entities and private individuals, which are considered residents of Russian Federation or foreign states, as well as persons without citizenship shall be prosecuted to the extent of the federal law.

Article 21

Disputes

Disputes arising in the course of international information exchange may be settled in the court of law, the arbitration court, or the intermediary court.

Section IV

Closing provisions

Article 22

Coming into force

The present Federal Law comes in force on the day of its official publication.

Article 23

Amending the existing legal acts to conform to the present Law

1. The President of Russian Federation shall be requested to amend his decrees and other legal acts to make them conform to the present Law.

2. The Government of Russian Federation shall be commissioned to:
- amend its legal acts to make them conform to the present law
- prepare and submit proposals to the State Duma within three months from the publication date of the present law concerning amendments to the acting legislation due to the alterations instituted herewith
- undertake measured aimed at implementing the Federal Law

3. The government authorities in the Russian Federation subjects shall commit themselves to amending their legislation in accordance with the present Law within three months from the date of its coming into force.

Boris Yeltsin
President of Russian Federation

Moscow
Kremlin
July 4, 1996
# 85-F3