Resolution "On Approving the Regulations for Licensing Services for the Exposure of Surveillance and Interception Devices on Premises and inside Technical Facilities"

In pursuance of Federal Law on Licensing of Certain Activities (128-FZ/2001) the Government of the Russian Federation passed a resolution approving regulations for licensing services for the exposure of surveillance and interception devices on February 12 2003 (hereinafter - the "Regulations").

Under the Regulations licenses are issued by the Federal Agency of Governmental Communications (FAPSI) in respect of the services for the exposure of surveillance and interception devices on the premises and inside technical facilities of the governmental authorities, and in technical facilities and telecommunications systems which have distant access to information recourses of the Administration of the President, the General Prosecutor's Office, the Supreme Court, the Supreme Arbitration Court, etc.

The Federal Security Service (FSB) is responsible for licensing the services for the exposure of surveillance and interception devices on the premises and inside technical facilities of companies and entrepreneurs, where such technical facilities do not have a distant access to the information recourses mentioned above.

Licenses are issued on the applicant's request and on the basis of inspections which confirm that the applicant is in compliance with a number of licensing requirements, including:

• compliance with the relevant Russian legislation in the provision of the services;
  
  
• compliance with the procedure for the provision of the services as approved by FAPSI and FSB;
  
  
• compliance with the operating instructions to be drafted by the applicant in accordance with the requirements of the legislation and normative documents of FAPSI and FSB;
  
  
• approval from FAPSI or FSB before any transfer of the operating instructions to third parties;
  
  
• use of the technology corresponding to the state standards and normative acts of FAPSI or FSB;
  
  
• observance of the health and life safety requirements;
  
  
• restriction of unauthorized access to normative and operating documents and technology used in the provision of the services;
  
  
• registration and tracking for any item of technology used in the provision of the services;
  
  
• observance of the information security requirements to the premises;
  
  
• degree in engineering sciences and work experience of at least 3 years by the manager of the applicant; and
  
  
• degree in engineering sciences or specialist training and work experience of at least 3 years by the technical personnel of the applicant.

Decision by FAPSI or FSB on the issuance of the license must be made within sixty days after the submission of the application package.

The license is issued for a five-year term, which may be extended at the applicant's request. FAPSI and FSB maintain registers of the licenses issued.

The application package which must be submitted to FAPSI or FSB in order to obtain a license includes the following:

• an application form;
  
• copies of the applicant's constitutive documents;
  
• a copy of the certificate of registration with the tax authorities;
  
• evidence of payment of the registration fee; and
  
• details of the qualifications held by the manager and employees;
  
• a copy of the license stipulated by the Law on State Secrets.

FAPSI and FSB monitor the licensee's compliance with the licensing requirements by conducting regular and extraordinary inspections. Regular inspections are made biannually in accordance with a plan approved by FAPSI or FSB. The licensee is given 10 days' advance notice of the inspection.

Extraordinary inspections are made if FAPSI or FSB receives information that the licensee is not complying with the licensing requirements. FAPSI will make a statement based on the results of the inspection, with details of any non-compliance and deadlines for their correction, and notify the licensee thereof. The licensee must then notify FPSI once the breach has been remedied, and FAPSI will conduct a further inspection to ensure that it is in compliance.

Decisions made by FAPSI in relation to the issue, re-issue, suspension and termination of licenses must be passed in accordance with the Law on Licensing.