Law of Georgia on State Secrets

LAW OF GEORGIA

ON STATE SECRETS

Proceeding from the information sovereignty of Georgia and universally recognised international principles in the field of information, this Law governs the legal relations with respect to deeming information to be a state secret, and classifying and securing such information to protect the vital interests of the country in the areas of defence, economy, foreign relations, intelligence, national security, and law enforcement.

Law of Georgia No 1853 of 19 March 1999 - LHG I, No 12(19), 6.4.1999, Art. 44

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Chapter I - General Provisions

Article 1 - Terms used in the Law

1. State secret – information, including data containing state secrets in the areas of defence, economy, foreign relations, intelligence, national security and law enforcement, the disclosure or loss of which can prejudice the sovereignty, constitutional order, political or economic interests of Georgia or any party to international agreements and covenants that, based on the rule provided for by this Law and/or international agreements or covenants, is recognised as a state secret, and is subject to state protection.

2. Classification level – a category denoting the importance of information and possible damage that may result from its disclosure or loss, restrictions on accessto the information and the level at which it is secured by the State.

3. State secret security system – methods and information security controls used by the state security authorities, as well as the measures carried out for this purpose.

4. Classification – restrictions on access to and dissemination of the data containing state secrets as defined by this Law.

5. Declassification – lifting the restrictions on access to and dissemination of the data that, based on the law, is deemed to be a state secret.

6. Incorporating information containing a state secret – any document or any other tangible object containing information recognised as a state secret.

7. Granting access to state secrets – authorisation granted to a public authority, physical or legal person to perform work using information containing a state secret.

8. The right to view information containing a state secret – the opportunity given by an official to a person having access to state secrets to view material containing a state secret.

9. Security classification – a document entry that confirms the classification level of any information containing a state secret.

10. Information security controls – technical, cryptographic, software and other facilities for protecting information containing state secrets.

Law of Georgia No 1853 of 19 March 1999 - LHG I, No 12(19), 6.4.1999, Art. 44

Law of Georgia No 5240 of 11 July 2007 - LHG I, No 29, 27.7.2007, Art. 304

Article 2 - Georgian legislation on state secrets

1. Georgian legislation on state secrets contains this Law and other normative acts.

2. Georgian legislation on state secrets shall not apply to the protection of commercial or bank secrets, financial, scientific-technological, inventive or other secret information unless such information is classified as a state secret.

Article 3 - National policy for state secrets

1. The Parliament of Georgia shall formulate the National policy for state secrets as an integral part of the policy for ensuring the sovereignty, defence and national security of Georgia.

2. The government and local self-government bodies of Georgia shall ensure observance of this policy within the powers vested in them by law.

3. (Deleted – 28.6.2012, No 6567)

4. The Ministry of Internal Affairs of Georgia is an executive body that shall:

a) take organisational measures to protect state secrets;

b) implement measures to ensure the protection of state secrets;

c) control the implementation of the measures defined in sub-paragraphs (a) and (b) of this paragraph.

5. The Georgian Intelligence Service is a special executive agency immediately subordinate to the Prime Minister of Georgia that ensures implementation of the measures intended to ensure the observance of state-secret regime in relation to diplomatic missions and consulates, and in relation to Georgian citizens and their family members on prolonged business trips, who are connected to any information containing a state secret as part of their activity.

6. The Ministry of Defence of Georgia is an executive agency responsible for security of classified information of the North Atlantic Treaty Organisation (NATO). To control and manage NATO classified information, Georgia shall set up a unified system of coordinated registers, comprising a Central Registry of NATO classified information of the Ministry of Defence of Georgia and sub-registries maintained by the General Staff of the Armed Forces of Georgia, the Constitutional Court of Georgia, the courts of Georgia of general jurisdiction, the Parliament of Georgia, the Administration of the President of Georgia, the Administration of the Government of Georgia, the Office of the National Security Council of Georgia, the Office of the State Security and Crisis Management Council, and other agencies/bodies designated by the Government of Georgia. Sub-registries in the Ministry of Defence of Georgia shall be created by order of the Minister of Defence of Georgia, while in the other agencies referred to in this paragraph sub-registries shall be created by a legal act of the head of the respective agency in agreement with the Minister of Defence of Georgia. Sub-registries in any agency/body not defined in this paragraph shall be created by the Government of Georgia on the recommendation of the Minister of Defence of Georgia.

Law of Georgia No 1853 of 19 March 1999 - LHG I, No 12(19), 6.4.1999, Art. 44

Law of Georgia No 816 of 24 December 2004 - LHG I, No 39, 25.12.2004, Art. 195

Law of Georgia No 1892 of 8 July 2005 - LHG I, No 42, 29.7.2005, Art. 301

Law of Georgia No 5240 of 11 July 2007 - LHG I, No 29, 27.7.2007, Art. 304

Law of Georgia No 2986 of 27 April 2010 - LHG I, No 24, 10.5.2010, Art. 152

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Law of Georgia No 1269 of 20 September 2013 - website, 8.10.2013

Law of Georgia No 1382 of 27 September 2013 - website, 9.10.2013

Law of Georgia No 1903 of 27 December 2013 - website, 30.12.2013

Law of Georgia No 2357 of 2 May 2014 - website, 16.5.2014

Article 4 - Rights of the government bodies to deem information to be a state secret and to protect it

1. The Parliament of Georgia shall:

a) provide for a legislative regulation intended to protect information containing a state secret;

b) provide parliamentary control over fulfilment of Georgian legislation and international agreements on state secrets;

c) define the rights of the officials of the parliamentary staff who provide for protection of state secrets within the Parliament;

d) make decisions, within its competence, on deeming information to be a state secret and protecting such information.

2. The Government of Georgia shall:

a) approve the Procedure for Deeming Information to Be a State Secret and for Protecting Such Information on the recommendation of the Ministry of Internal Affairs of Georgia;

b) on the recommendation of the relevant executive agency of Georgia:

b.a) approve the list of information deemed to be a state secret;

b.b) approve the list of officials authorised to deem specific information to be a state secret;

b.c) approve the list of the officials authorised to grant access to state secrets;

b.d) define the powers of the officials of the Administration of the Government of Georgia who provide protection of state secrets within the Administration of the Government of Georgia;

b.e) make decisions, within its competence, on deeming information to be a state secret and protecting such information according to this Law.

2¹. Based on the proposal of the Group of Confidence of the Parliament of Georgia, the Prime Minister of Georgia may declassify any information having been classified as a state secret.

3. (Deleted - 20.9.2013, No 1269).

4. The executive and local self-government bodies of Georgia and their heads shall:

a) ensure protection of the information containing a state secret provided to them;

b) ensure, under Georgian legislation, protection of state secrets within the enterprises, organisations and agencies under their subordination;

c) submit proposals to top government bodies on refining the state secret protection system.

5. The judiciary shall:

a) hear criminal and civil cases where Georgian legislation on state secrets has been violated;

b) ensure protection of state secrets in the course of trials;

c) determine the amount of the damage incurred as a result of dissemination or loss of any information containing a state secret as well as the amount of the damage that the holder of the information has suffered as a result of disclosure of such information;

d) define the rights of officials of the judiciary to ensure the protection of state secrets within the judiciary.

Law of Georgia No 1276 of 4 March 1998 - The Gazette of the Parliament of Georgia No 13-14, 30.6.1998, p. 30

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Law of Georgia No 1269 of 20 September 2013 - website, 8.10.2013

Law of Georgia No 2357 of 2 May 2014 - website, 16.5.2014

Article 5 - Exercising title to information deemed to be a state secret and to its media

1. The owner of any information deemed to be a state secret or of its media shall exercise his/her title subject to the restrictions established by this Law.

2. The procedures and conditions for protecting a state secret and for establishing special procedures for using and handling any information deemed to be a state secret or its media shall be determined under the contract made between the owner of such information or its media and the Ministry of Internal Affairs of Georgia, according to this Law.

3. If the title restrictions laid down in the contract on any information deemed a state secret or on its media incur any damages to their owner, such damages, including income that the owner has lost or failed to receive, shall be fully reimbursed at the expense of the State.

4. If the owner of any information deemed to be a state secret or of its media refuses to sign or violates the contract for securing a state secret, such information or its media may be seized and transferred to the State based on a court decision. In such case, the court shall determine the amount to be reimbursed.

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Article 6 - Financing the measures for deeming information to be a state secret, and for classifying and protecting such information

1. The measures for deeming information to be a state secret, and for classifying and protecting such information within public bodies, organisations, agencies and treasury enterprises, shall be financed at the expense of the respective budgets.

2. The measures for protecting any information under private ownership deemed to be a state secret shall be implemented under a contract referred to in Article 5 of this Law.

3. The measures for deeming information to be a state secret and for classifying and protecting such information according to the legislation of Georgia in non-treasury enterprises shall be financed under a contract made between the enterprise and the client contracting the performance of work related to a state secret.

Chapter II - Deeming Data to Be a State Secret

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Article 7 - Data deemed to be a state secret

The following data may be deemed to be a state secret:

1. In the area of defence:

a) data containing strategic and operations plans, documents reflecting preparation and execution of military operations, strategic and responsive movements, mobilisation, and combat readiness of troops as well as the use of mobilisation resources;

b) data on target programs for the development of special armament and military equipment as well as on research and development and design works pertaining to the development of new types of military weapons, equipment and defence technologies;

c) data on the mode, structure and composition of military and civil defence facilities of maximum security.

2. In the area of economy:

a) data on national economy mobilisation plans and capacities, stocks and volumes of delivery of strategic raw material and materials for military purposes, as well as the deployment and volume of state and mobilisation reserves;

b) data on security systems and security modes of transportation, and communications, as well as other branches and facilities of the national infrastructure in order to ensure their security;

c) data on specific types of state reserves - – precious metals, precious stones and other valuables – in monetary gold, and data on operations related to production, storage, and protection of banknotes, securities and accountable forms from being counterfeited, as well as data on operations related to their circulation, exchange and withdrawal from circulation;

3. In the area of foreign relations:

a) data on the foreign policy and foreign economic relations of Georgia, the early disclosure of which may prejudice national interests;

b) information on matters of military, scientific and technological and other types of cooperation with foreign states, if disclosure of such information may prejudice interests of Georgia.

4. In the areas of intelligence, national security and law enforcement:

a) data on intelligence, counter-intelligence, operative-investigative and covert investigative activity plans, management, logistical support means, forms, methods, results, also on implementation of specific measures and financing of specific programs; data on persons who cooperate or used to cooperate on conditions of confidentiality with the relevant Georgian authorities that conduct such activities;

b) data on the protection of top government officials of Georgia and the security levels of administrative buildings and government residences as defined by the Law of Georgia on Special State Protection Service;

c) data on government and special communications systems;

d) data on processing and use of state ciphers and on research and development works in the field of cryptography;

e) data on expected threats against Georgia and on the measures to be implemented to avert such dangers;

f) data on plans and measures to be implemented by the Government, ministries and other departments of Georgia on the occupied territories, the early disclosure of which may prejudice the national interests of Georgia.

Law of Georgia No 1853 of 19 March 1999 - LHG I, No 12(19), 6.4.1999, Art. 44

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Law of Georgia No 2826 of 28 November 2014 - website, 30.11.2014

Article 8 - Data not deemed to be a state secret

1. No data that may violate or restrict the fundamental human rights and freedoms or impair the health and safety of the population may be deemed to be a state secret.

2. No normative acts, including international agreements and covenants of Georgia other than acts of the President of Georgia involving strategic interests of the State in ensuring the defence and security of the country or the acts of the Ministry of Defence, Ministry of Internal Affairs, Ministry of Justice, Ministry of Finance and Ministry of Environment and Natural Resource Protection of Georgia, Georgian Intelligence Service and Special State Protection Service of Georgia, that govern their internal activities in the areas of defence, security and operative-investigative activity may be deemed to be a state secret.

3. No maps, other than military and special maps, on which information or data of national defence and security as defined in the Schedule of Data Deemed to be a State Secret is plotted, may be deemed a state secret.

4. The following data shall not be deemed a state secret:

a) data on natural disasters, calamities and other exceptional situations that have already occurred or may occur and that pose a threat to the safety of citizens;

b) data on the condition of the environment and the health of the population, its living standards, including medical care and social security as well as social-demographic indicators, education and culture of the population;

d) data on corruption, illegal acts committed by officials and on crime rates;

e) data on privileges, compensations and concessions awarded by the State to citizens, officials, enterprises, institutions and organisations;

f) data on the monetary reserves and total gold stock of the State;

g) data on the health of top government officials.

Law of Georgia No 1853 of 19 March 1999 - LHG I, No 12(19), 6.4.1999, Art. 44

Law of Georgia No 816 of 24 December 2004 - LHG I, No 39, 25.12.2004, Art. 195

Law of Georgia No 1622 of 15 June 2005 - LHG I, No 33, 1.7.2005, Art. 206

Law of Georgia No 3156 of 25 May 2006 - LHG I, No 19, 1.6.2006, Art. 145

Law of Georgia No 5033 of 22 June 2007 - LHG I, No 26, 11.7.2007, Art. 240

Law of Georgia No 1016 of 27 February 2009 - LHG I, No 4, 12.3.2009, Art. 16

Law of Georgia No 2325 of 15 December 2009 - LHG I, No 46, 22.12.2009, Art. 356

Law of Georgia No 2986 of 27 April 2010 - LHG I, No 24, 10.5.2010, Art. 152

Law of Georgia No 4412 of 11 March 2011 - website, 17.3.2011

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Law of Georgia No 473 of 25 March 2013 - website, 5.4.2013

Article 9 - Procedure for deeming information to be a state secret

1. The obligation to substantiate the necessity of deeming information to be a state secret, depending on the importance of such information, shall rest with the government body and with the enterprise, institution and organisation having developed such information or having received it for consideration and/or retention.

2. Whether or not to deem information to be a state secret shall be decided by the head of a government body who has that power under Article 4.2(b.b) of this Law.

Law of Georgia No 1269 of 20 September 2013 - website, 8.10.2013

Article 10 - Schedule of data deemed to be a state secret

1. The Ministry of Internal Affairs of Georgia shall prepare the Schedule of Data Deemed to Be a State Secret for publication and shall publish it in official state publications.

2. Changes and amendments to the Schedule of Data Deemed to Be a State Secret shall be published within one month after the Government of Georgia has made the change.

3. (Deleted – 28.6.2012, No 6567)

4. If any information that fails to meet the requirements of Article 7 of this Law or violates the procedure established for deeming information to be a state secret is included in the Schedule of Data Deemed to Be a State Secret, any concerned person may appeal the inclusion to court in accordance with the procedure provided for by law.

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Law of Georgia No 1269 of 20 September 2013 - website, 8.10.2013

Article 11 - Cancelling unlawful decisions deeming information to be a state secret, changing the classification level of information and destruction of secret information

1. An official/administrative body authorised to classify information or his/her/its superior official/administrative body may cancel any unlawful decision deeming information to be a state secret and may change the classification level of information on his/her/its own initiative as well as according to a substantiated instruction of the Ministry of Internal Affairs of Georgia. The court also may cancel any unlawful decision on deeming information to be a state secret.

2. A document or any other tangible object containing information deemed to be a state secret may be destroyed only to the extent and in the manner provided for by the Procedure for Deeming Information to Be a State Secret and for Protecting Such Information.

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Chapter III - Classification of Information

Article 12 - Principles of classification of information

1. Information shall be classified based on the principles of legality, validity and timeliness.

2. The legality of classification of information shall be determined on the basis identified in Articles 7 and 8 of this Law and according to procedures provided for by the legislation of Georgia.

3. The validity of classification of information shall be determined based on expert assessment of the particular material, taking into consideration the vital interests of the State, public at large and citizens.

4. The principle of timeliness of classification of information shall be determined by limiting the dissemination of such information upon its receipt (generation).

Article 13 - Classification level and security classification of information

1. Information deemed to be a state secret shall be classified by assigning a security classification level to the relevant document, item or other medium of information.

2. A security classification shall be a necessary attribute of any tangible medium of the information deemed to be a state secret. It must indicate the classification level of such information, the classification period and an official having marked the document as classified. The following classified information shall be deemed to be a state secret:

a) ‘Of exceptional importance’ (equivalent term -TOP SECRET)

b) ‘Top secret’ (equivalent term - SECRET)

c) ‘Secret’ (equivalent term - CONFIDENTIAL)

d) ‘Of limited use (equivalent term - RESTRICTED).

3. The data, dissemination or loss of which would substantially affect Georgia's interests in defence, national security, law enforcement, economy and politics, and/or would have exceptionally grave consequences for a country or organisation being a party to international agreements or covenants shall be classified as TOP SECRET.

4. The data, dissemination or loss of which may have adverse consequences for the interests of defence, national security, law enforcement, economic and political spheres, as well as for the interests of the persons defined in Article 7(4)(a) of this Law and/or the disclosure of which may have grave consequences for any country or organisation being a party to international agreements or covenants shall be classified as SECRET.

5. The data, dissemination or loss of which may prejudice Georgia’s defence, national security, law enforcement, economic and political interests and/or the disclosure of which may prejudice the interests of a country or organisation being a party to international agreements or covenants shall be classified as CONFIDENTIAL.

5¹. The data, dissemination of which may adversely affect Georgia’s defence, national security, law enforcement, economic and political interests and/or the interests and activities of a country or organisation being a party to international agreements or covenants shall be classified as RESTRICTED.

6. If physical marking of a security classification to tangible medium of information is impossible, it must be assigned to appended documents.

7. The security classification provided for by this Law may in no event be assigned to information that contains other secret or confidential information that is not a state secret.

8. The list of officials authorised to assign a security classification to information shall be approved by the head of the enterprise, agency or organisation conducting the activity related to a state secret.

9. After expiring the set classification period and where a classification level of information is changed or the decision on deeming information to be a state secret is cancelled, the classification officials shall change the security classification or declassify the information.

Law of Georgia No 5240 of 11 July 2007 - LHG I, No 29, 27.7.2007, Art. 304

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Article 14 - Information classification period

1. Information classification periods shall depend on the classification level of the information. The period for TOP SECRET information shall not exceed twenty years, for SECRET information – ten years, for CONFIDENTIAL information – five years and for RESTRICTED information – three years. The heads of special services may prolong the classification period, if the information is related to counter-intelligence and/or intelligence activities or if its declassification may prejudice the interests of the State. The period of a state secret recognised according to the procedures contained in international agreements and covenants shall be prolonged, declassified or the security classification of such state secret shall be changed according to the requirements of the international agreements and covenants.

2. A classification period shall commence on the day that the security classification is assigned to the information.

3. After expiring the classification period, the Prime Minister of Georgia may, in special cases, prolong the classification period.

4. Based on a proposal from the Group of Confidence of the Parliament of Georgia, the Prime Minister of Georgia shall be authorised to declassify any information classified as a state secret, irrespective of its classification level, before the expiration date indicated in the first paragraph of this article.

Law of Georgia No 1276 of 4 March 1998 - The Gazette of the Parliament of Georgia No 13-14, 30.6.1998, p. 30

Law of Georgia No 2100 of 11 November 2005 - LHG I, No 49, 30.11.2005, Art. 329

Law of Georgia No 5240 of 11 July 2007 - LHG I, No 29, 27.7.2007, Art. 304

Law of Georgia No 2986 of 27 April 2010 - LHG I, No 24, 10.5.2010, Art. 152

Law of Georgia No 1269 of 20 September 2013 - website, 8.10.2013

Article 15 - Procedure for classifying information containing a secret

1. The basis for classifying information, i.e. assigning a security classification to documents or other tangible objects, shall be their compliance with the Schedule of Data Deemed to Be a State Secret.

2. If the information received (generated) cannot be identified with data included in the current schedule, the head of a government body, agency, department or enterprise shall ensure the temporary classification of such information based on the expected classification level and submit their proposals to the Government of Georgia within one week. The Government of Georgia shall, within one month, conduct an expert assessment of the proposal and either approve the proposal for making a change in the current schedule or reject it.

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Law of Georgia No 1269 of 20 September 2013 - website, 8.10.2013

Article 16 - Appealing unsubstantiated classification of information

1. Citizens and legal entities shall be authorised to apply to the official having assigned a security classification to any information with a substantiated proposal to declassify the information. Such proposal must be reviewed by all means. The official shall give the citizen or legal entity a substantiated written response within one month.

2. A decision to classify information may be appealed to court.

Chapter IV - Declassifying Secret Information

Article 17 - Basis for declassifying secret information

1. The following shall serve as the basis for declassifying information:

a) an international obligation by Georgia to openly exchange the information that used to be a state secret;

b) a change in the objective circumstances as a result of which it is no longer necessary to protect the information that used to be a state secret;

c) expiration of a fixed term;

d) the proposal submitted by the Group of Confidence of the Parliament of Georgia to the Prime Minister of Georgia to declassify any particular information.

2. The government bodies classifying information shall annually review the data on classifying information to assess the necessity for classifying information in connection with a particular situation.

Law of Georgia No 1276 of 4 March 1998 - The Gazette of the Parliament of Georgia No 13-14, 30.6.1998, p. 30

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Law of Georgia No 1269 of 20 September 2013 - website, 8.10.2013

Article 18 - Procedure for declassifying state secret information

1. State secret information shall be declassified not later than the period for it is classified. Where so provided by Article 17(1)(c) of this Law, any state secret information shall be declassified by the organisation having assigned the security classification to such information and/or by the Legal Entity under Public Law (LEPL) within the Ministry of Justice of Georgia - the National Archive of Georgia, if it has been vested with such powers by the organisation holding a state secret or by its successor in agreement with the Ministry of Internal Affairs of Georgia and according to the legislation of Georgia. If the LEPL National Archive of Georgia is not vested with such powers and/or the organisation has been dissolved, the Ministry of Internal Affairs of Georgia shall make a decision on whether or not to declassify the state secret information. The President of Georgia, the Government of Georgia, the Prime Minister of Georgia, the National Security Council, Aides to the President of Georgia for National Security Affairs – Secretary of the National Security Council, the State Security and Crisis Management Council, Aides to the Prime Minister of Georgia for National Security Affairs – Secretary of the State Security and Crisis Management Council, the Ministry of Internal Affairs of Georgia, the Administration of the President of Georgia, the Administration of the Government of Georgia, the Office of the National Security Council, and the Office of the State Security and Crisis Management Council shall, based on this paragraph, make the decision to declassify information classified by them.

2. Where provided for by Article 17(1)(a) of this Law, the Ministry of Internal Affairs of Georgia may declassify the information containing a state secret.

3. Where provided for by Article 17(1)(b) of this Law, the decision on whether or not to declassify information containing a state secret shall be made by the organisation having assigned the state security classification to the information, or by its successor in agreement with the Ministry of Internal Affairs of Georgia; but where such organisation no longer functions, the Ministry of Internal Affairs of Georgia shall make such decision on its own initiative or based on a proposal of any concerned government agency. The President of Georgia, the Government of Georgia, the Prime Minister of Georgia, the National Security Council, Aides to the President of Georgia for National Security Affairs – Secretary of the National Security Council, the State Security and Crisis Management Council, Aides to the Prime Minister of Georgia for National Security Affairs – Secretary of the State Security and Crisis Management Council, the Administration of the President of Georgia, the Administration of the Government of Georgia, the Office of the National Security Council, and the Office of the State Security and Crisis Management Council shall, based on this paragraph, make the decision to declassify the information classified by them.

3¹. Where provided for by Article 17(1)(b) of this Law, the prosecutor may also declassify documents and materials of operative-investigative activities according to the procedures defined by law.

3². Where provided for by the first and third paragraphs of this law, the Ministry of Internal Affairs of Georgia shall issue its response about declassification of information not later than one month after receiving the relevant proposal. If more time is required to prepare a response, the Ministry of Internal Affairs of Georgia may prolong the term to two months and it shall so inform the relevant agency through written notice before expiring the one-month term. If the above terms expire, the information shall be deemed to have been declassified.

4. Based on the proposal from the Group of Confidence of the Parliament of Georgia, the Prime Minister of Georgia may declassify information of any classification level presented by the Group of Confidence.

Law of Georgia No 1276 of 4 March 1998 - The Gazette of the Parliament of Georgia No 13-14, 30.6.1998, p. 30

Law of Georgia No 2469 of 25 December 2009 - LHG I, No 1, 4.1.2010, Art. 2

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Law of Georgia No 1269 of 20 September 2013 - website, 8.10.2013

Law of Georgia No 2357 of 2 May 2014 - website, 16.5.2014

Article 19 - Right of a government body, natural person, or legal entity to apply for declassification of information

1. Government bodies of Georgia, natural persons, and legal entities may submit questions to government bodies, enterprises, agencies, and organisations (including state archives) on declassification of any information deemed to be a state secret.

2. The government bodies, enterprises, agencies and organisations (including state archives) shall review and provide a substantiated response to the merits of the question within one month. If they do not have the powers to declassify such data, within one week after the receipt of the question, it shall be referred to the government body having such powers or to the Ministry of Internal Affairs of Georgia. A substantiated answer shall be issued within one month.

3. Evasion of answering a question on its merits shall result in disciplinary and/or administrative liability of the official under applicable legislation.

4. The reasonableness for deeming information to be a state secret may be appealed to court. If the court finds that the information was classified unreasonably, it must be declassified immediately.

5. If the court finds that the information classification is not substantiated, the damage incurred to a natural person or legal entity, including unearned income, shall be reimbursed in full at the expense of the State. The court shall determine the amount of reimbursement under applicable legislation.

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Chapter V - Handling Information Containing a State Secret

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Article 20 - Granting a permit to enterprises, agencies, and organisations to perform activities related to state secrets

1. The Ministry of Internal Affairs of Georgia shall grant the right to perform activities related to state secrets to enterprises, agencies, and organisations by executing the relevant permit.

2. The procedures and conditions for granting such permits shall be determined in the Procedure for Deeming Information to Be a State Secret and for Protecting Such Information.

Law of Georgia No 816 of 24 December 2004 - LHG I, No 39, 25.12.2004, Art. 195

Article 21 – Release of information containing a state secret by government bodies, enterprises, agencies, and organisations

1. Government bodies, enterprises, agencies, and organisations shall release information containing a state secret with the authorization of the government officials identified in Article 4(2)(b.b),(b.c) of this Law.

2. Government bodies, enterprises, agencies, and organisations having received information containing a state secret shall create all conditions for protecting the state secret. Officials shall be personally responsible for ensuring the protection of the information.

3. Information containing a state secret shall be transferred in compliance with the requirements of Article 20 of this Law.

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Law of Georgia No 1269 of 20 September 2013 - website, 8.10.2013

Chapter VI - Securing State Secrets

Article 22 - Essence of protecting state secrets

1. Protecting a state secret involves the set of organisational-legal, engineering-technical, cryptographic, and operational measures aimed at preventing the disclosure of information containing a state secret.

2. Within its competence, the holder of a state secret shall implement such measures on a contractual basis.

3. Special physical, personnel, information, and communication and IT security rules determined by the Government of Georgia shall be developed to protect classified information.

Law of Georgia No 5240 of 11 July 2007 - LHG I, No 29, 27.7.2007, Art. 304

Law of Georgia No 1269 of 20 September 2013 - website, 8.10.2013

Article 23 - Main organisational-legal measures for protecting state secrets

The following shall be introduced to protect state secrets:

1. Uniform requirements for producing, using, retaining, transferring, transporting and recording of tangible media of information deemed to be a state secret;

2. Procedures and conditions for granting permits to enterprises, agencies, and organisations performing activities related to state secrets.

3. A special security regime of the activities of the above-mentioned enterprises, agencies, and organisations.

4. Special procedures for granting citizen access to state secrets.

5. Limitations on publishing, transferring to any other state or otherwise disseminating the information containing a state secret.

6. Special procedure for government bodies to exercise judicial, supervisory, audit and examination, and other functions in relation to enterprises, agencies, and organisations performing activities related to state secrets.

7. Liability for violation of legislation on state secrets.

Article 24 - Uniform requirements for media of information deemed to be a state secret and for retention of such media

Uniform requirements for producing, using, securing, transferring, transporting, and recording tangible media of information deemed to be a state secret shall be set out in the Procedure for Deeming Information to Be a State Secret and for Protecting Such Information.

Article 25 - Special mode (secrecy order) of enterprises, agencies and organisations

A special security regime of the activities of enterprises, agencies, and organisations related to state secrets shall be determined by the Procedure for Deeming Information a State Secret and for Protecting Such Information.

Article 26 - Granting access to state secrets

1. Access to a state secret shall be granted to any capable citizen of Georgia having attained the age of 18 years who needs to review information containing a state secret for his/her official or research and development activity.

2. The head of the government body, enterprise, agency, or organisation where the work is performed or the secret information is retained, and which is authorised to grant access to a state secret, shall make a decision on granting access to such information.

2¹. The Minister of Defence of Georgia shall issue a permit to work with NATO classified information. The procedures and conditions for issuing a permit to work with NATO classified information shall be determined by a resolution of the Government of Georgia.

3. In the top government bodies, the security of which is provided for by the Special State Protection Service under the Law of Georgia on Special State Protection Service, the decision to grant access to secret information shall be made by the heads of such bodies based on the opinions of the head of the Service.

4. Georgian citizens may be denied access to secret information only when the basis for access provided for in the first paragraph of this article is not present.

5. The procedure for granting foreign citizens and stateless persons access to state secrets and cancelling such access shall be determined by the international agreement and/or covenant of Georgia or the respective resolution of the Government of Georgia.

6. Granting access shall involve:

a) a security background investigation to grant access to state secrets;

b) an obligation by a person not to disclose state secrets confided to him/her;

c) the person’s written consent to a statutory limitation of his/her rights due to access to state secrets;

d) informing a person of the liability for violating the Law on State Secrets.

7. The form of granting access to the required information shall be determined by the classification (TOP SECRET, SECRET, CONFIDENTIAL) of such information.

8. The decision on granting access to state secrets shall be made not later than five days after completing a security background investigation of the person.

Law of Georgia No 5240 of 11 July 2007 - LHG I, No 29, 27.7.2007, Art. 304

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Law of Georgia No 1269 of 20 September 2013 - website, 8.10.2013

Article 27 - Denial of access to state secrets

Access to state secrets shall not be granted if:

1. The person does not state a substantiated reason for working with the information containing a state secret.

2. A security background investigation carried out for granting access to state secrets reveals that the person has assisted illegal activities of foreign states and organisations or is associated with individuals, the activity of which is prohibited by court, or is engaged in any activity prohibited by law, or has breached an obligation not to disclose the state secrets confided to the person.

3. The person refuses to undertake an obligation not to disclose the state secrets confided to him/her or his/her consent to a statutory limitation of his/her rights due to access to state secrets is not present.

4. The person has been convicted of an extremely grievous crime against the State as provided for by law.

5. The person has been declared incompetent by court or must be denied access to state secrets based on a medical assessment. The Ministry of Labour, Health and Social Affairs of Georgia and the Ministry of Internal Affairs of Georgia shall identify such diseases based on an approved list.

6. The person knowingly provides wrong information about himself/herself during a security background investigation for granting access to state secrets.

Law of Georgia No 63 of 9 December 1999 - LHG I, No 47(54), 9.12.1999, Art. 239

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Article 28 - Security background investigation for granting access to state secrets

1. The Ministry of Internal Affairs of Georgia shall conduct a security background investigation of a person within one month in accordance with the procedures provided for by this Law, the Law of Georgia on Operative Investigative Activity and other legislative acts.

2. A security background investigation shall establish the existence or non-existence of the circumstances referred to in Article 27(1),(2),(4) of this Law.

3. Officials authorised to make a decision on granting access to state secrets shall take into account the findings of the security background investigation.

Law of Georgia No 816 of 24 December 2004 - LHG I, No 39, 25.12.2004, Art. 195

Article 29 - Appealing the denial of granting access to state secrets

1. The official authorised to make a decision on granting access to a state secret shall give the applicant written notice of the basis for the denial.

2. The person may appeal the denial in court.

Article 30 - Cancelling access to state secrets

1. Access to a state secret may be cancelled if the circumstances provided for in Article 27 of this Law have arisen or have been identified.

2. Based on a person's request, his/her access to a state secret shall be cancelled within three days after submitting the request for cancellation.

3. The official authorised to make a decision on granting access to a state secret shall make a decision on its cancellation. The person may appeal the denial in court.

Article 31 - Viewing information containing state secrets

1. A person may view information containing a state secret by an order of the head of the agency or organisation where such information is retained.

2. Foreign citizens and stateless persons shall be granted access to state secrets based on Article 26 of this Law. The procedures applicable to Georgian citizens shall also apply to them.

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Article 32 - Obligations of a person having access to state secrets to protect state secrets

Any person having been granted access to state secrets shall:

1. Not disclose the secret that has been confided to him/her or that he/she has become aware of in the course of performance of his/her official duties;

2. Comply with the requirements of the secrecy order according to Article 25 of this Law;

3. Inform the official having granted him/her access to state secrets of circumstances preventing him/her from protecting the state secret that has been confided to him/her.

Article 33 - Limiting publication of information containing state secrets in printed and other media

1. When preparing materials for publication in printed and other media, and disseminating or exporting them abroad, the enterprises, agencies, organisations and natural persons, in order to protect the information containing state secrets, shall be governed by the requirements of this Law.

2. The Ministry of Internal Affairs of Georgia shall monitor the consequences of disclosure of state secrets in printed and other media.

3. No preliminary control over the disclosure of state secrets in printed and other media shall be permitted.

Law of Georgia No 6567 of 28 June 2012 - website, 10.7.2012

Article 34 - Limiting transfer of state secrets to other states

1. The information or information medium representing a state secret or preliminarily classified according to Article 15.2 of this Law may be transferred to another state before the decision on deeming it to be a state secret is made, based only on an international agreement or covenant ratified by the Parliament of Georgia or on a substantiated order of the Government of Georgia.

2. The limitation under the first paragraph of this article shall not apply to information containing a state secret exchanged with and transferred to countries involved in operations intended to maintain and restore international peace and security or other peacekeeping operations conducted by subunits involved in such operations to accomplish military operations and combat missions and objectives.

Law of Georgia No 681 of 31 May 2013 - website, 19.6.2013

Law of Georgia No 1269 of 20 September 2013 - website, 8.10.2013

Article 35 - Engineering-technical measures to protect state secrets

1. For technical protection of information, the enterprises, agencies, and organisations engaged in activities related to state secrets shall use protected facilities, certified according to technical security standards, for protecting, processing, transmitting, and retaining information.

2. Enterprises, agencies, and organisations may develop and maintain systems and facilities for technical protection of state secrets, may perform works for their maintenance and technical protection, and stop their maintenance only with the permission of the Ministry of Internal Affairs.

3. The certification and licensing procedures provided for by this article shall be determined under the Procedure for Deeming Information to Be a State Secret and for Protecting Such Information.

Law of Georgia No 816 of 24 December 2004 - LHG I, No 39, 25.12.2004, Art. 195

Article 36 - Cryptographic measures for protecting state secrets

Cryptographic measures for protecting state secrets shall be identified under the Procedure for Deeming Information to Be a State Secret and for Protecting Such Information.

Article 36¹ - Cryptographic measures for protecting classified information

1. The responsibility for protecting NATO classified information with cryptographic measures, and selecting and servicing a cryptographic system efficiently and rationally, rests with the Ministry of Defence of Georgia that shall:

a) select communications and information facilities for the relevant state structure to protect NATO classified information of, determine expediency of applying information protection facilities and systems, issue relevant recommendations for ensuring implementation of technical and organisational measures for protecting classified information, and supervise their implementation;

b) ensure distribution of NATO cryptographic material, its management, full recording, safe use, and retention of the cryptographic means used for protecting information as well as implementation of the procedures needed for distribution and destruction of information;

c) accredit systems used to protect NATO classified information, namely, authorisation and control of the national communications and information systems retaining, processing and transmitting NATO classified information.

2. All the relevant bodies, organisations, and agencies possessing or dealing with NATO classified information shall use the technical facilities selected, attested and authorised by the Ministry of Defence of Georgia to protect such information.

3. Measures provided for by this Article for protecting NATO classified informationshall be determined by the Government of Georgia.

Law of Georgia No 1903 of 27 December 2013 - website, 30.12.2013

Article 37 - Providing control over the security of state secrets

1. The heads of enterprises, agencies, and organisations shall provide permanent control over the protection of state secrets.

2. An enterprise, agency, or organisation transferring data containing a state secret to any natural person or legal entity on a contractual basis may exercise control over the conditions for protecting the state secret it has transferred.

3. The government bodies vested with the right to decide the accessibility to any particular information containing a state secret shall exercise control over the conditions for protecting state secrets in all enterprises, agencies, and organisations performing the works related to the relevant state secret or retaining such information media.

4. The Ministry of Internal Affairs of Georgia shall exercise control over the conditions of protection of state secrets in all government and local self-government bodies as well as in the agencies, organisations, and enterprises having permits to perform activities related to state secrets.

5. The Ministry of Internal Affairs of Georgia may exercise control over the protection of information deemed to be a state secret and owned by a natural person or non-public legal entity if there is cause to believe that this Law has been violated. Such action of the Ministry of Internal Affairs of Georgia may be appealed in court.

Law of Georgia No 816 of 24 December 2004 - LHG I, No 39, 25.12.2004, Art. 195

Chapter VII - Liability for Violation of Legislation on State Secrets

Article 38 - Liability for violation of legislation on state secrets

1. A person who breaches the obligation to protect state secrets as defined by Article 32 of this Law or who fails to observe restrictions on transferring state secrets to any foreign state shall incur the liability provided for by law.

2. Any official or public servant who

a) classifies information as provided for by Article 8 of this Law;

b) classifies information without a substantiated basis;

c) assigns security classification to information that is not or is no longer a state secret;

d) breaches the requirements set for granting access to state secrets under Article 26 of this Law;

e) breaches the requirements of Article 19 of this Law;

f) breaches the obligation to protect a state secret;

g) does not observe the restrictions under Article 34 of this Law on transferring state secrets to other states;

h) does not exercise control over the protection of state secrets –

shall incur liability as provided for by law.

3. If a person discloses information deemed to be a state secret that under this Law should not have been deemed such, the question of his/her liability may only be considered after establishing the legitimacy of classification of such information; if the classification is found to be illegitimate, the person shall not be held responsible.

4. Disclosure of a state secret by a person who was unaware, and who could not have been aware, of the information being a state secret shall not be construed as a crime.

5. (Deleted)

6. Publishing information that contains a state secret, the disclosure of which is important to protect public safety or which has already been published in the media shall not be construed as a crime.

Law of Georgia No 221 of 24 June 2004 - LHG I, No 19, 15.7.2004, Art. 83

President of Georgia              Eduard Shevardnadze

Tbilisi

29 October 1996

No 455-IS