LAW ON STATE AND OFFICIAL SECRETS
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December 1, 2016 |
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Ulaanbaatar city |
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose of the law
1.1. The purpose of this law is to define the legal framework and national system of protection of State and official secrets of Mongolia and to regulate the confidentiality and protection of information.
Article 2. Legislation on State and official secrets
Legislation on State and official secrets shall comprise the Constitution of Mongolia, Law on National Security, this Law and other legislations enacted in conformity therewith.
Article 3. Scope of the law
3.1. This law shall be complied by State bodies, business entities, officials and citizens.
3.2. Foreign citizens, Stateless persons who have access to State and official secrets of Mongolia are obliged to execute this Law.
3.3. Unless otherwise provided in international treaties to which Mongolia is a party, the rules set forth in this Law shall apply to the protection of information constituting State and official secrets provided by foreign countries and international organizations.
Article 4. Principle of classifying information as State and official secret
4.1. Classification of information, constituting the State and official secret, shall be in accordance with the principles of legality, validity and timeliness.
Article 5. Definition of legal terms
The following terms used in this Law shall have the meaning indicated below:
5.1.1. "State secret" refers to information, under State protection, classified in accordance with the Mongolian law, a loss or disclosure of which may cause prejudice or present a threat to national security and interests.
5.1.2. "official secret" refers to information under State protection, a loss or disclosure of which may inflict damage upon interests of the sector, State bodies and other legal entities.
5.1.3 "State and official secret carrier" refers to tangible objects that contain State and official secrets, displayed in the form of texts, symbols, images, signals, technical solutions and processes;
5.1.4. "Classification of information" refers to measures that limit access or distribution of information constituting State and official secret.
5.1.5. "Degree of secrecy " refers to label indicating the extend of secrecy of information constituting State and official secrets, which were put on the carrier itself and/or in the documentation accompanying it;
5.1.6. "Right to access State and official secret" refers to right of an official, citizen to access State and official secrets in accordance with this Law, as well as right of a legal entity to engage in activities related to use of State and official secrets.
5.1.7. "State and official secret protection officer (hereinafter referred to as "employee protecting secrets") refers to a staff member of a unit for protection of State and official secrets or an officer in charge who organizes, implements and supervises the protection of State and official secrets;
5.1.8. "Means of protection of State and official secrets" refers to software, technical, cryptographical and other equipment designed to protect information constituting State and official secrets;
5.1.9. "Protection of State and official secrets" refers to a set of legal, organizational, technical, cryptographic and other measures aimed to prevent disclosure and loss of State and official secrets;
5.1.10. "Declassify State and official secrets" refers to annulling period and degree of secrecy, as well as the protection of the State and official secrets in accordance with grounds and regulations provided by this Law;
5.1.11. "Disclosure of State and official secrets" refers to informing, transferring, displaying, publishing or making available by any other means State and official secrets to entities, that do not have the right to familiarize with them.
5.1.12. "Loss of State and official secrets" refers to temporary or permanent output of information, constituting State and official secret, owned, used by State bodies, officials and citizens, due to violation of rules and regulations.
Article 6. General obligation to protect State and official secrets
6.1. State bodies and officials are obliged to protect State and official secrets.
6.2 State bodies, administrative and territorial units, other legal entities (hereinafter "State bodies and other legal entities"), political parties, movements, non-governmental organizations, officials, civil servants, Mongolian and foreign citizens, Stateless persons who have access to State and official secrets are obliged to not disclose them.
6.3. State bodies shall submit information on the work implemented on protection and preservation of State and official secrets in January of each year to the Intelligence Organization.
6.4. Any official or citizen who has knowledge about disclosure or loss of State and official secret, found lost or misplaced secret carrier of the State and official secret is obliged to immediately report to the Intelligence Organization.
6.5 The Government shall determine the procedures for rewarding legal entities and individuals who have provided assistance to the intelligence and law enforcement agencies in the form of providing information on illegal activities, as well as contributed substantially to the protection of secrets by preventing the disclosure and loss of State and official secrets.
Article 7. Ownership of State and official secrets, transfer to foreign countries and international organizations
7.1 State and official secrets other than those transferred from foreign countries and international organizations shall be the property of the State of Mongolia.
7.2. The State body, other legal entities, officials and citizens who are responsible or in possession of State and official secrets shall own and use it in accordance with the legislation.
7.3. If the information is deemed necessary to classify, the property right of the information and its carriers can be transferred to State with consent and on the basis of the agreement concluded with the owner, with or without compensation, in case the information and its carrier has an importance in ensuring national security and national interests or cause damage to it.
7.4 If the mutual consent for the amount of compensation to the owner specified in paragraph 7.3 of this Article can’t be reached, an evaluation shall be done by the independent expert and the compensation shall be calculated according to the validated price.
7.5. The Government shall decide whether to acquire the property rights of the information owned by a citizen, legal entity referred in paragraph 7.3 of this Article, based on the opinion of the relevant competent State body and conclusion of Intelligence organization.
7.6. State and official secrets, with the exception of “Special importance” classified information, may be transmitted by agreement with other countries and international organizations based on the agreement of protection of secret informations and Intelligence organization opinion.
7.7. If it is necessary to transfer official secret to a foreign country or international organization which has not entered into agreement set forth in paragraph 7.6 of this article, the management of the organization shall decide accordingly.
CHAPTER TWO
POWERS OF THE STATE BODY AND OFFICIALS TO PROTECT THE STATE AND OFFICIAL SECRETS
Article 8. Powers of the State Great Khural
8.1 The State Great Khural shall exercise the following powers to protect the State and official secrets:
8.1.1. Approve State policy, legislation to protect State and official secrets, monitor their implementation;
8.1.2. Approve State budget for the allocation of programs, projects and activities aimed at protecting State and official secrets.
Article 9. Powers of the President of Mongolia
The President of Mongolia - the head of the National Security Council shall exercise control over the protection of State and official secrets under its authority, hear reports, informations of the relevant government bodies and provide guidance to the Government.
Article 10. Powers of the Government
10.1.The Government shall coordinate the protection of State and official secrets nationwide and exercise the following powers:
10.1.1 Organize the implementation of State and official secrets legislation, provide directions and guidance to relevant State bodies and officials;
10.1.2 Develop and implement State policies, projects, programs and legal documents to protect State and official secrets;
10.1.3. Approve procedures and instructions related to State and official secret;
10.1.4. Establish intergovernmental agreement on mutual exchange and protection of State and official secrets;
10.1.5. Classify information as State and official secret, transfer, declassify, set a degree of secrecy, reclassify and extend the period of classification.
Article 11. Powers of the State bodies and officials
11.1. State bodies and officials shall have the following powers to protect State and official secrets:
11.1.1. Organize and ensure the implementation of laws on the protection of State and official secrets within the branches and its affiliated bodies;
11.1.2. Monitor the protection of State and official secrets within the branches and its affiliated bodies;
11.1.3 Upgrade the methodology and tools for the protection of State and official secrets, submit proposal to authorized bodies for necessary funds to their budget;
11.1.4. Prepare and approve protection plan for State and official secrets in time of emergency situations and ensure its readiness.
Article 12. Powers of the Intelligence organization
12.1 The Intelligence organization shall have the following powers to protect State and official secrets:
12.1.1 Take measures to prevent the disclosure of State and official secrets;
12.1.2 Monitor and inspect the use and protection of State and official secrets ;
12.1.3.Conduct tests, analysis and certification of technical and cryptographic tools for the protection of State and official secrets;
12.1.4.Provide professional and methodological assistance to State bodies, officials for good organization of the protection of State and official secrets;
12.1.5 Submit proposals to Government to improve preservation, protection, use of State and official secrets, cooperate with relevant bodies to implement this Law, decisions of the President and the Government;
12.1.6 Submit proposals to Government to classify information, transfer, declassify, set a degree of secrecy, change it, extend the period of classification.
12.1.7. Establish and use a unified database of State and official secrets;
12.1.8 Conduct security checks on officials and citizens who have access to State secrets, investigate and examine legal entities that carry out activities and work with State and official secrets;
12.1.9. Organize and monitor the transfer of information, postal and communications network, cipher relations Statewide and abroad;
12.1.10 Organize training and research on protection of State and official secrets;
12.1.11.Give comments and conclusions on the draft of international agreements on matters pertaining to the mutual exchange and protection of State and official secrets.
12.2. The Government shall approve procedures for establishing and using the database referred to in paragraph 12.1.7 of this Article.
CHAPTER THREE
CLASSIFICATION OF INFORMATION AS STATE AND OFFICIAL SECRET
Article 13. Information classified as State secret
13.1. The following information shall be classified as State secret:
13.1.1. Within the State policy:
13.1.1.a.Appropriate secret parts of the Mongolian national security and foreign policy;
13.1.1.b.Information classified as State secret by this Law by the session of the State Great Hural, the National Security Council and Cabinet Meeting;
13.1.1 .c.Information detailing the policy and position of Mongolia in relation to a country and information entrusted by foreign countries;
13.1.1.d.Cooperation of the Government, Central bank with a foreign country, international organization in the financial sector, projects on a draft level as well as agreements related to debt, loans and grant;
13.1.1.e.Detailed information of high level State visits, bilateral and multilateral talks and agreements;
13.1.1.f.Detailed information classified as State secret by this Law on international agreements, protocols, their drafts and implementation protocols concluded with foreign government and organizations;
13.1.1.g.Work plan and terms of reference for emergency situations for diplomatic missions operating abroad;
13.1.1.h.Direction and guidance of the delegation participating in international conferences and conferences on issues pertaining to State secrets.
13.1.1.i. Accidents, emergency situations and crimes committed in factories and important State facilities which have a major importance to State defense and economy, appropriate secret parts of the activities undertaken during emergency situations by the competent authorities;
13.1.2. Within the economy, science and technology:
13.1.2.aAppropriate secret parts of information related to ensuring economic security policy and its activities;
13.1.2.b.Information about the reserve fund, reserve currency and its location and their protection;
13.1.2.c.Information on scientific and technological achievements, scientific research, research experiments, assemblies, project work and technological informations relevant to ensuring national security;
13.1.2.d.Information on creating, producing and destroying the original designs of currency, as well as information on supply, transaction, withdrawal of currency.
13.1.3. Within the State defense:
13.1.3.a.Appropriate secret parts of the defense policy and the State military doctrine;
13.1.3.b.Integrated indicators and information describing organizational charts of the armed forces during state of peace and war, composition of military units and number of hours of military combat, real name, organization, structure, their combat ability and readiness;
13.1.3.c.Methods of protection of military personnel and their readiness plan, its execution, estimation, strengthening and utilization of armed forces and strategic planning documents, information on tactical operations and readiness level, protection and transplantation plan, armed attack and aggression;
13.1.3.d.Information on combat and border protection readiness, notification of command, rulings, orders, and warehouses;
13.1.3.e.Topographic maps containing information classified as State secret by this Law pertaining to defense and State borders;
13.1.3.f.Task Force and Military Assistance, plans, resources, estimates for reimbursement, information on military hardware, weapons, materials, and instructional materials, orders and resources;
13.1.3.g.Number of registration, training of military personnel, military information and their dismissal, classification of military personnel, assisted personnel, technical summaries and estimates (State, capital city and aimag level);
13.1.3.h.Information on the structure, organization and supply of automated and invisible (management communication) management systems of military units;
13.1.3.i.Information on management of State military bodies, information and communication networks, radio frequency allocation information;
13.1.3.j.Purpose and scope of military mobilization, types, measures and methods to be implemented, plan for State mobilization, State central administrative body, aimag and capital city mobilization mission and plan;
13.1.3.k.Information on organizing border protection, border check procedure and its supply;
13.1.3.l. Information on real size, location, report, and funding of State and defense resources;
13.1.3.m.Calculations and grounds for project's annual, mid-term and long-term State and defense resources, implementation documents issued by the State competent authorities;
13.1.3.n.Plans for transfering to state of war, information on plan of action of State bodies during war;
13.1.3.o.Information on use of emergency plans, communications and warning activities, information on use of infrastructure for this purpose, information on shelter management, budget, location, and capacity.
13.1.4. Within the foreign intelligence, counterintelligence and law enforcement:
13.1.4.a.Sources of information of foreign intelligence, counterintelligence, operational and investigative activities, as well as information related to their cover;
13.1.4b.Information on special database and unified register database of operational and investigative activities;
13.1.4.c.Information database on special equipment, special purpose technology, software, secret code, key, data and confidential information used by it;
13.1.4.d.Information on branch offices of foreign intelligence, counter-intelligence, operational and investigative activity agencies, their facilities, location, vehicle registration number and special equipment;
13.1.4.e.Information and any material pertaining to operational and investigative activity;
13.1.4.f.Any decision, instruction, procedure, and other documents issued by State relevant authority related to executing operational and investigative activities;
13.1.4.g.The officer's core work plan, report, job description;
13.1.4.h.Information about the staff and organizational structure of the foreign intelligence, counter-intelligence and other competent authorities responsible for executing operational and investigative activities;
13.1.4.i.Information on the budget of the Intelligence organization, other competent authorities responsible for executing operational and investigative activities, their expenses and performance report;
13.1.4.j.Information on secret assets, their personal life and matters pertaining to their official duties;
13.1.5.k.Information delivered to competent State bodies and officials on national security matters from Intelligence organization;
13.1.4.l.Accounts, records and items of special archives of authorized organization to carry out operational and investigative activities;
13.1.4.l.Guidance, plan for transferring competent authority in charge of operational and investigative activities to the state of high readiness, as well as a plan of action against terrorism, sabotage and organized crime;
13.1.4.m.Activities carried out by Intelligence organization to ensure national security of Mongolia;
13.1.4.n.Information on organization, methods, tactics, tools, and plans for ensuring security of competent authorities in charge of foreign intelligence, counter-intelligence, operational and investigative activities;
13.1.4.o.Information on resources, material, technical supply, special tools, weapons for foreign intelligence, counter-intelligence and competent authorities in charge of operational and investigative activities;
13.1.4.p.Information on cooperation with the foreign special services;
13.1.4.q.Information on appropriate secret parts of procedures and laws regulating victim and witness protection resettlement, their document changes, procedures for modifying appearance of victims;
13.1.5. Information Security and Other Areas:
13.1.5.aInformation on special use of information, structure and organization of telecommunication network, software, information and confidentiality equipment, their operating principles and radio frequency distribution information;
13.1.5.b.Special technics and software for State Information Network Management Center;
13.1.5.c.Information on State cipher communication policy, systems of, State special information, ciphers and cryptographs processing, reserves, resources, ciphers methods, instructions, codes, keys and related information;
13.1.5.d.Registration of cipher data, cipher rules of communication and registration of cipher materials;
13.1.5.e.Information on transfer, transmission examination of State secret carriers;
13.1.5.f.Information on books, textbooks, workshops, researches, reports, conclusions, conferences, lectures, workshops, and notes prepared using classified information and secret carrier;
13.1.5.g.Information and documents confiscated by inquiry, investigation, case and examinations classified as State secret according to this Law;
13.1.5.h.Information about state of health of an official protected by first degree of State special protection;
13.1.5.i.Information on location of important and special State facilities, given name, plan, security arrangements and resources;
13.1.5.j.Location plan of water supply source;
13.1.5.k.State special and diplomatic mail which carries sealed information, documents, items classified as State secret under this Law;
13.1.5.l.Closed session memorandum and documents classified as State secret under this Law;
13.1.5.m.Information on organization, power and tools of permanent and periodic protection of State officials, citizens, conferences, sessions, measures, vehicles and other items;
13.1.5.n.Procedure to cover State special and important facilities.
13.2.State bodies and other legal entities shall develop a list of State secrets, within the list specified in Article 13.1 of this Law, obtain proposal from the Intelligence organization and get approval by the Government.
13.3. The list of secret informations within sector and organization shall contain period of classification and grade of secrecy .
Article 14. Information classified as official secret
14.1. The list of information classified as official secret shall be prepared by the responsible body in charge and approved by the decision of the Cabinet Member or Head of Government in charge of issues.
14.2. The proposal of the Intelligence organization shall be taken for approval of the list specified in paragraph 14.1 of this Article.
Chapter Four
CLASSIFICATION OF INFORMATION AND DECLASSIFICATION
Article 15. Classification of information
15.1. The State relevant authority and official shall take measures to classify an information from the date the Law on State and official secrets has come into force.
15.2. An information shall be classified by stamping the secrecy grade and other labels of classification specified in this Law.
15.3. The measures to cover objects and certain activities for classification shall be implemented in accordance with the procedure approved by the Government.
15.4. Even if an information received or processed by a State body, official is not included in the list specified in Articles 13.2 and 14.1 of this Law, this State body, official shall take measures to classify an information deemed necessary and submit the proposal immediately to management to include it in the list of classified information.
15.5. An official who receives the proposal referred to in paragraph 15.4 of this Article shall analyze the information and make amendments to the list or refuse to classify it in accordance with the procedures approved by the Government.
Article 16. Degree of secrecy of information constituting State and official secrets and its criteria
16.1.The degree of secrecy of information, constituting State and official secrets, shall comply with the severity of threat, damage that occurred or may be applied to the national security and national interests of Mongolia or the interests of the State bodies, organizations and citizens due to disclosure and loss of specified information.
16.1.1. Special importance;
16.1.2. Top secret;
16.1.3. Secret
16.2.The secrecy labels “special importance”, “top secret” are assigned to the information, constituting a State secret. The secrecy label “secret” is assigned to the information, constituting an official secret.
16.3. The use of secrecy labels on information, constituting State and official secret, other than those stipulated in this Law shall be prohibited.
16.4. Information is labelled as “special importance”, a loss or disclosure of which may threaten, damage the sovereignty, independence, territorial integrity of Mongolia or inflicting grave consequences to national interest and threaten human life.
16.5. Information labelled as “top secret”, a loss or disclosure of which may inflict grave consequences to national interests of Mongolia, or weaken the defense power.
16.6.Information labelled as “secret”, a loss or disclosure of which may inflict damage upon interests of the sector, State bodies and other legal entities, or create circumstances for disclosure of information, constituting State secret.
16.7 The Government shall approve procedures for determining the degree of secrecy of State and official secrets.
Article 17. Term of classification of information
17.1.1 The State and official secrets other than those specified in 17.4 and 17.5 shall be kept secret for the following period:
17.1.1 Information, labelled as “special importance”- 30 years;
17.1.2 Information, labelled as “top secret” - 20 years;
17.1.3 Information, labelled as “secret” - 10 years.
17.1.2.The period of secrecy of the information shall commence from the date of labelling its degree of secrecy.
17.4 Relevant information about individuals under protection in accordance with laws regulating victim and witness protection, individuals cooperating (cooperated) on a confidential basis with the bodies carrying out foreign intelligence, counter-intelligence, operational and investigative activities, as well as relevant information about its undercover agents shall be permanently classified.
17.5. The period of secrecy shall be calculated in accordance with the circumstances if establishing a term of classification is not possible or it must be declassified only after a specific act or an event.
17.6. The State body, official in charge of information classification shall take measure to classify it in accordance with the paragraph 17.1 of this Article pursuant to the proposal of the Intelligence organization, if it is deemed necessary to continue to classify an information consisting State and official secret for national security and national interests.
17.7. Despite the expiration of the term of classification of information, constituting State and official secret, the information shall be kept secret until the decision to declassify.
17.8. Unless otherwise specified in an international agreement to which Mongolia is a party, the period specified in this Law shall apply to classified information of foreign countries and international organizations.
Article 18. Labelling the State and official secret carrier
18.1. The measures of classification shall be implemented through labelling relevant documents and other secret carriers, with following data:
18.1.1. Degree of secrecy;
18.1.2. Registration number;
18.1.3. Date and term of classification of the information;
18.1.4. The position of the official who classified the information, name, surname, signature.
18.2. The secrecy label must be stamped on the top right of each page and each page has to be numbered. If the document is composed of several copies, the first page of each copy shall contain its number with the total number of pages.
18.3. If the carrier contains components with varying degrees of secrecy specified in Article 17.1 of this Law, the carrier as a whole shall be assigned to a secrecy label that corresponds to the secrecy label that is assigned to its component, having the highest degree of secrecy of the information on the carrier.
18.4. If it is impossible to stamp the label of degree of secrecy on the State and official secret carrier, the label shall be stamped on the document, on the tangible object or on the exterior of the object accompanying it.
18.5. The stamp for labelling the secrecy degree shall not be used for information carriers other than the ones constituting State and official secrets.
Article 19. Grounds and procedures for declassification of State and official secrets
19.1 The State and official secrets shall be declassified on the following grounds:
19.1.1. Expiration of the period for classifying information;
19.1.2. Change of objective circumstances, thereby further protection of information, constituting State and official secrets, is inappropriate;
19.1.3. Adoption and entry into force of the law, which no longer classifies the specified information as State and official secret;
19.1.4. It has been established that the classification of information has been without proper grounds.
19.2.The State and official secrets shall be declassified in accordance with the procedures set forth in Article 19.6 of this Law.
19.3. The Government shall decide on the basis of Intelligence organizations proposal to declassify State and official secrets before its expiration term specified in Article 19.1.2 if this Law.
19.4. If the initial term of classification has not been extended in accordance with this Law, the relevant State body, official shall declassify the classified information as soon as the term of classification expires.
19.5.Information carrier declassified in accordance with this Law, not relevant to history, research, practice and reference, shall be disposed in conformity with relevant regulations.
19.6 The Government shall approve the procedures for declassifying State and official secrets.
CHAPTER FIVE
RIGHT TO ACCESS STATE AND OFFICIAL SECRET
Article 20. Conditions for granting access to State and official secret
20.1. Citizens who have been granted access to certain degree of secrecy based on the results of security checks shall be employed to access State secrets, other than those specified in Article 21 of this Law.
20.2. The requirements referred to in paragraph 20.1 of this Article shall be applicable to citizens and officials who have access to State secrets in connection with inspection, certain tasks and duties.
20.3. Access to official secret shall be granted by the directors of that particular state body or legal entity, upon which the personal who has been granted the access must sign security certification of undisclosure.
20.4. The management of the State body, other legal entities with the Intelligence organizaitons proposal shall approve the list of officials granted access to State and official secrets.
Article 21. Special conditions for granting access to State and official secret
21.1. Unless the law does not prohibit, the President of Mongolia, the Speaker of the State Great Hural and the Prime Minister shall have access to State and official secret.
21.2. Unless the law does not prohibit, State Great Hural member and Cabinet minister shall have access to State and official secrets relating to matters discussed during assembly.
21.3. A member of the working group established by the State Great Hural to examine issues pertaining to State and official secrets shall get access to it without discrimination of degree of secrecy, unless prohibited by the Law.
21.4. The head and members of Special Inspection Subcommittee of the State Great Hural shall get access only to relevant information about source of the operational investigative activities, as well as unified registry of this activities, with the approval of the State Great Khural, other individuals are prohibited to get access.
21.5. A member of the Constitutional Tsets, a judge, a prosecutor and an investigator shall only get access to specific case or dispute and in accordance with regulations established by the State and official secret law.
21.6. The officers specified in Articles 21.1-21.5 of this Law, the Governor of the Bank of Mongolia, the head of the bodies established by the State Great Hural, the head of the agency and all level Governors shall not be subject to security checks and shall provide a security certification to not disclose State and official secrets.
Article 22. Authorization to get access to State and official secret
22.1. The right to get access to State secrets shall be granted to citizens who meet the following requirements:
22.1.1 Provided a written authorization to conduct a security check in relation to the granting of access to State secret;
22.1.2. Participated and passed in security checks of the authorized bodies;
22.1.3. Written security certification to not disclose State secrets.
Article 23. Right to access State and official secret
23.1. The right to get access to State and official secrets shall be subject to the grade of secrecy and the relations related to granting this access shall be governed by common rules and regulations for the protection of State and official secrets.
Article 24. Grounds for refusal to admit officials, citizens to State secrets
24.1.1. The grounds for refusal to admit officials, citizens to State secrets may include:
24.1.1. Did not meet conditions, requirements to get access to State secrets;
24.1.2. Refused to give written security certification to protect State and official secrets, did not participated in security checks;
24.1.3 Did not disclose or lied about his/her own or any other relevant information during security checks;
24.1.4. Repeatedly or gravely violated rules and regulations on the protection of State and official secrets;
24.1.5. Investigated by the authorities for committing a crime, took criminal responsibility for committing an intentional crime;
24.1.6. Requested to withdraw Mongolian citizenship;
24.1.7. Determination mental illness, disorder;
24.1.8. Dependent on narcotics, psychotropic substances and alcohol.
Article 25. Suspend, revoke the right to get access to State and official secrets
25.1. Intelligence organization may suspend the right of an official, citizen to get access to State and official secrets until the Court decision comes into force or until the completion of official investigation results, if suspected or accused of a crime, or breached the rules and regulations protecting State and official secrets.
25.2. Intelligence organization shall revoke the right of an officialm citizen to get access to State and official secrets, in case of dismissal or termination of his employment, the grounds specified in Article 24 of this Law are discovered, termination of a contract giving access, repeatedly and gravely violated rules and regulation protecting State and official secrets.
Article 26. Conduct security checks
26.1. The intelligence organization shall conduct security checks on officials, citizens acquainted with State secrets, except those specified in Articles 21.6 and 26.3 of this Law.
26.2. Procedure for conducting security checks specified in Article 26.1 of this Law shall be approved by the head of the Intelligence Organization.
26.3. Inquiry and selection of a citizen for the post of an officer for State body conducting operational and investigative activity shall be done according to relevant legislation.
Article 27. Duty of an official and citizen
27.1. Officials and citizens holding a right to get access to State and official secrets shall assume the following common obligations:
27.1.1.Comply with legislation protecting State and official secrets;
27.1.2.Protect State and official secrets accessed during the performance of his or her work duties and after termination not disclose it until after its declassification;
27.1.3.Take measures to prevent disclosure or loss of State and official secrets;
27.1.4. Immediately notify an employee protecting secrets of a situation that might cause disclosure or loss of secrets, as well as disclosure, loss or violation of the procedure protecting a secret.
27.1.5 Issue a written security certification not to disclose State and official secrets accessed during course of employment. In case of termination of employment or transfer to another job or position, en employee shall handover the entrusted State and official secret carrier in accordance with regulations
27.1.6. Except as otherwise provided by laws, an employee, in case of overseas travel for private purposes, shall inform in writing his or her place of work in advance.
Article 28. The duty of an employee protecting State and official secrets
28.1. An employee protecting State and official secrets shall have the following obligations in addition to the general obligations set forth in Article 27 of this Law:
28.1.1. To ensure the implementation of State and official secrets legislation and to organize and implement bookkeeping of secret documents;
28.1.2. Provide professional and technical assistance to officials and officers in use and protection of State and official secrets;
28.1.3. Monitor and supervise the preservation and protection of State and official secrets within the branches and affiliated bodies and organize inspections and censuses;
28.1.4. Obtain security certificate from officials and citizens authorized to access State and official secrets;
28.1.5. In case of establishing informal relations with a foreign citizen or organization, inform the Intelligence organization;
28.1.6. Notify the Intelligence organization about the movement of the official who has access to State secrets;
28.1.7. In case of violation of State and official secrets procedure, organize an official examination and report the results to the management of State body, if necessary, to the Intelligence organization, and take immediate action to rectify the violations;
28.1.8. Inform immediately the head of the State body and the Intelligence organization of any disclosure of State and official secrets.
Article 29. Legal and economic guarantees of an employee protecting secrets
29.1. State body or other legal entity who terminates or transfers an employee protecting secrets to another job or position shall obtain the opinion of the Intelligence organization.
29.2. An additional pay to basic salary shall be paid according to the procedure set by the Government, taking into account the classification level and period of work by the employee protecting secrets.
CHAPTER SIX
PROTECTION OF STATE AND OFFICIAL SECRETS
Article 30. Organization of the protection of State and official secrets
30.1. The Government shall coordinate the activities of protecting State and official secrets of Mongolia.
30.2. Intelligence Organization shall carry out activities protecting State and official secrets within its powers and shall have a structural unit to provide intelligence services to organize, implement, monitor and administer State and official secrets nationwide.
30.3.The responsibility for organizing the protection of State and official secrets of State bodies and other legal entities shall be governed by their management.
30.4. State bodies and other legal entities in scope and extent of their work shall have a unit or staff to protect State and official secrets directly governed by their management.
30.5. The functions and legal status of the State and official secrets protection unit shall be determined by the common regulations for protection of the State and official secret and by the internal procedure of the organization in accordance therewith.
30.6. The activities of the protection of State and official secrets shall be implemented through legal, organizational, technical and other measures in accordance with this Law and other legislative acts adopted in conformity therewith.
Article 31. Create, process, store, use, transmit, record, transport, send and disposal of State and official secrets, and its carrier
31.1 Creation, processing, storage, use, transmission, transfer, transmission, transport, send, register, dispose, ensuring the integrity of State and official secrets, and its carrier and other relevant activities shall be implemented in conformity of this Law and in accordance with the common procedure of protection of State and official secrets established by the Government.
31.2.State bodies and other legal entities may establish procedures to protect State and official secrets that may be followed in conformity with the general procedures set forth in Article 31.1 of this Law in connection with their own activities.
31.3. In order to deliver and receive State secrets to Mongolian State bodies and officials overseas, a special mail carrier can be used to deliver in person.
31.4. Relations related to the delivery and receipt of special postal services to Mongolian State bodies and officials abroad shall be governed by a special regulation adopted by a joint decision of a member of the Government in charge of external relations, General Staff of the General Staff of the Armed Forces and a Head of the Intelligence Organization.
Article 32. Transfer State and official secrets to State bodies and other legal entities
32.1. State and official secrets shall be transferred to other State bodies and legal entities by the decision of the authorized management.
32.2. State body and other legal entities that take or use State or official secrets according to Article 32.1. this Law shall meet the conditions and requirements for protecting the confidentiality specified in this Law and other legislation in conformity therewith.
Article 33. Transfer of State and official secrets in connection with joint and other works
33.1. By the decision of the management of the relevant authority, State and official secret may be transferred, within the limits and amount required to perform the work, to a legal person or citizen only in accordance with the general rules on the protection of State and official
33.2. A legal entity receiving the rights to access classified shall obtain the rights to access State and officials secrets information in accordance with Article 33.1 of this law and other related laws.
33.3. If a contractor fails to fulfill or has not fulfilled its obligation to protect State and official secrets during execution of work, the employer shall take measures to discontinue the use of State and official secrets until the breach has been resolved.
Article 34. Technical, cryptographic protection of State and official secrets
34.1. Technical and cryptographic measures to protect State and official secrets shall be implemented in accordance with the general rules for protection of State and official secrets.
34.2. Technical and cryptographic tools for the protection of State and official secrets shall be certified to meet the requirements for protection of information.
34.3. The use of cryptographic tools to protect State and official secrets shall be governed by the rules of the State cipher regulation approved by the Government.
Article 35. Protection of State and official secrets in case of modification of the legal status of a State body or other legal entity
35.1.If the body or legal entity is reorganized or liquidated or the use of State and official secrets terminates, the body or legal entity shall be obliged to take measures to protect State and official secrets carrier.
35.2. In case referred to in Article 35.1. of this law, organizations and legal entities shall dispose State or official secret carriers in accordance with established procedures or transfer to the following organizations:.
35.2.1 transfer to a successor of the relevant State body, other legal entity;
35.2.2 transfer to the State body, other legal entities in charge of such confidentiality;
35.2.3 transfer to State central archives.
35.3. In order to dispose and transfer State and official secret carriers referred to in Article 35.2 of this Law , the Intelligence organization shall supervise.
Article 36. Protection of State and official secrets in reviewing and settling cases and disputes
36.1. In reviewing and resolving civil, criminal and administrative cases and disputes, the protection of State and official secrets shall be regulated by this Law and other relevant legislations.
Article 37. Funding for protection of State and official secrets
37.1. Activities financed from State and local budgets shall be financed by the conforming budget, other organizations and legal entities shall be financed from their own funds.
Article 38. Supervision of State and official secrets
38.1. The management of State bodies and other legal entities, their secret protection units and employees shall supervise the protection of State and official secrets within their affiliated branches and bodies.
38.2 The Employer is responsible for overseeing the protection of State and official secrets that has been transferred to the Contractor for the performance of the job.
38.3. Intelligence Organization shall monitor and inspect the protection of State and official secrets by the government organizations and other legal entities regardless of their ownership type and jurisdiction, and shall oblige them to take corrective measures on breaches and irregularities.
38.4. The organization and official shall comply and respond to the official demands made by the Intelligence organization.
38.5 The Government shall approve the procedure for carrying out the inspection specified in Article 38.3 of this Law.
CHAPTER SEVEN
MISCELLANEOUS PROVISIONS
Article 39. Responsibility for violation of the State and official secrets legislation
39.1. The violator of the State and official secrets legislation shall be subject to criminal, contraventional and disciplinary responsibility in accordance with the relevant legislation.
39.2. If actions of an official who violated the State and official secrets law is not subject to criminal liability, Intelligence organization shall submit to the relevant higher level authority, official the following sanctions:
39.2.1. Reduce the salary of an official who failed to perform its duties stated in Articles 6.2, 6.3, 15.1, 27 and 28 of this Law by up to 20 percent for up to 3 months;
39.2.2. Demote, dismiss, fire from civil service the official who has failed repeatedly to perform its duties specified in Articles 6.2, 6.3, 15.1, 27 and 28 of this Law, as well as failure to perform its duties specified in Article 38.4 of this Law.
39.3. The relevant higher level authority, official shall impose sanctions set forth in Article 39.2 hereof and respond to the Intelligence organization within 14 days.
39.4. Intelligence organization shall submit sanctions to the competent authority to appoint or dismiss the official in case of failure to comply with the provisions of Article 39.2 or failure to execute it without any grounds.
39.5. Organizations, officials and individuals who have received requirements and decisions issued by the Intelligence organization within the framework of their powers provided by this Law shall take such action and respond.
39.6. Any person who violates provisions specified in Article 39.5 of this Law shall be fined an amount in tugrigs equal to 96-480 in correlation of exchange units by the judge.
Article 40. Entry into force
This Law shall come into force from September 1, 2017.
Chairman of the State Great Hural of Mongolia
M.Enkhbold
