For most employees, restrictions associated with forms of secrecy are expressed in the fact that they are forbidden to cross the borders of the country. Starting with 3 forms of secrecy, surcharges are required. Despite this, the limitations of many frighten off. There are many additional conditions for categories of persons, which are reported only in separate documents. It is important to understand that in itself a form of secrecy does not prohibit travel outside the country.
On admission to state secret
The admission to state secrets is intended for employees who need to use documentation, which is classified information, to perform their functions. In addition, enterprises that also need to use classified information can give access.
Starting with 3 forms of security clearance, it is drawn up at the duty station. To use such data, enterprises must obtain a license from the Federal Security Service of the Russian Federation. The higher the degree of secrecy, the higher the level of tolerance.
About restrictions
The first restriction associated with admission to state secrets is the ban on traveling abroad. The terms for which this prohibition is imposed are established by an employment agreement. The ban on leaving the country is valid for some time after the dismissal of an employee. The customs service is always contacted by the Federal Security Service when people with the 3 form of security clearance cross the border. However, employees with this form of clearance do not have to face more severe restrictions.
About the third form
In addition to signing a non-disclosure agreement, people with this form practically do not face bans. Often the 3 form of secrecy is provided to nomenclature workers. In fact, an employee of this category does not come into contact with classified information. For this reason, travel with a 3 form of security clearance abroad is permitted. The Federal Security Service considers those with this clearance to be harmless enough. In 2018, with the 3rd form of secrecy, traveling abroad is possible without indicating in the FMS questionnaire that it is available.
About the first and second forms
It is much more difficult to travel abroad for persons with 1 and 2 forms of admission. Unlike people with a 3 form of secrecy, restrictions on traveling abroad are more serious. For 5 years from the moment of acquaintance with classified data, such people have no right to leave the country. Moreover, the ban on persons of these categories can be extended for up to 10 years.
However, you should not assume that the 1st and 2nd forms of admission mean a mandatory ban on traveling abroad. The final decision is determined taking into account many additional factors. For example, when making a decision on imposing restrictions, with the 3 form of security clearance, they take into account whether the person works directly with the most classified documents.
Also take into account the purpose of the exit, the degree of secrecy of information at the time of crossing the border.
If a person with 1 or 2 degrees of tolerance travels abroad, he needs to coordinate this decision with representatives of the FSB. If they do not give consent, the issuance of a passport may be refused. If the decision of the Federal Security Service is positive, a foreign passport can be issued within 3 months. Most job descriptions state that a foreign passport is stored in a special department. It is given only with the consent of the FSB.
When applying for admission to state secrets, a person agrees that his rights may be restricted. For this reason, it is impossible to appeal the ban in a judicial proceeding. Starting with the admission to the 3 form of secrecy, you need to prepare for the fact that the courts take the side of the state while protecting state secrets. A person skilled in the art can achieve reduced time limits. In this case, you need to prove that the period of restrictions is unreasonably long.
Spread of information
Persons admitted to classified data are prohibited from disclosing relevant information. In addition, with forms 1 and 2 of secrecy, there are restrictions associated with the rules for the storage and transfer of classified state information. It is also often forbidden to use discoveries that are a state secret. But it must be borne in mind that a sign of secrecy in form 3 cannot be a ban on the use of any device that is classified outside the enterprise. Persons with 1 and 2 forms of admission may be banned from exporting drawings, prototypes of inventions, which also relate to state secrets. It is not allowed to use classified data as an argument or example in publications or scientific papers.
Immunity
It is important to consider that even when registering 3 forms of secrecy, a person’s right to privacy may be violated. So, FSB officers check all transactions, operations on bank accounts, make inquiries to various authorities in order to obtain information about the person. Those who check the life of the ward with the 3rd form of secrecy carry out the same procedure with regard to members of his family. Restrictions on the right to privacy can occur only during preliminary checks. In the future, the right can be violated only on special grounds, which are noted in the legislation.
About State Secret
State secret may relate to the military, economic, intelligence sphere. The disclosure of information of this nature should be detrimental to the interests of the state. It should be noted that the sign of secrecy in the form of 3 - inform in the field is filled with certain numbers.
Restrictions on the dissemination of classified information arise from the moment of their creation. To streamline this process, the authorities create relevant regulations. There are official lists of information that must be classified. Using these lists, they make a decision on assigning a degree of secrecy to data, and restrictive measures are taken. In addition, a list of information that can never be classified as a state secret has been formally compiled. It includes data on emergencies, the state of the environment, privileges for certain categories of people, violation of rights and freedoms, the size of the gold reserve, the state of health of senior officials of the Russian Federation, and violation of laws by official authorities.
About degrees of secrecy
The degree of secrecy is established taking into account the damage to public interests caused by the disclosure of data. In total there are 3 forms of secrecy - “of special importance”, “top secret”, “secret”. The use of these vultures for information that is not a state secret is unacceptable.
About declassification
Among the reasons for declassifying information that was previously a state secret, are the Russian Federation's assumption of obligations to exchange information. It can also be done due to a change in the current situation, due to which it does not make sense to leave information secret.
The deadlines for classifying information cannot exceed 30 years. However, there are exceptional cases when the interagency commission makes a decision to extend the classification period.
On the procedure for clearance
The state approved special instructions governing the procedure for obtaining access to classified data. To begin with, the applicant provides a whole package of documentation containing information about him. Then he is introduced to the relevant laws, so that he decides whether he will be able to cope with the work associated with classified information. It is important that his consent be recorded, since in the future his civil rights will be limited.
After that, thorough checks of the applicant and his family members begin. If we are talking about 1 or 2 forms of security clearance, events are active. With form 3, checks are carried out when doubts arise in the information provided by the applicant.
Further, they explain to him the legislation in force in this area. He must be informed of the responsibility for the disclosure of state secrets.
The decision to grant admission is made by the military commissioner. If we are talking about the heads of state enterprises or bodies, the decision is made by those who approved them in office.
About social guarantees
In addition, everyone who is admitted to information constituting a state secret is provided with a list of social guarantees. Among them, surcharges to wages are listed, and persons with admission are given the preemptive right to leave at work during regular activities. Also, such persons are provided with percentage premiums to the salary for seniority. It should be borne in mind that the minimum will be surcharges for secrecy of the 3 form, with an increase in the degree of admission surcharges will grow.
Sometimes access to state secrets may be terminated by decision of official bodies. The reasons may include termination of the employment contract, violation of obligations related to state secrets. Also, termination of access may provoke the termination of the employment agreement. If a person is denied access to classified information, he continues to retain the obligation to not disclose data.
About difficulties
In fact, there are many difficulties in obtaining admission to state secrets. The thing is that there are many forms, and the order of registration is strict.
So, at the first stage, at the enterprise related to classified information, a list of posts is created that will require admission to GT. The list is approved by the management of the enterprise. This may also include employees whose access to the GT may be related to the performance of tasks in other organizations, where they are sent on business trips by order of their management. The list of these posts is reviewed once every 5 years.
At the 2nd stage, persons for whom access to the GT is envisaged undergo a survey. They provide reliable information about their personality. Subsequently, these profiles are certified by the company seals.
At the 3rd stage, the data specified in the questionnaire are verified with personal documentation. Mandatory is the refinement of answers to a number of questions. For example, you need to find out if the employee had previously had access to classified information. Having made a decision, the relevant authorities inform the management of the organization about it. This is done both in written and verbal form. At stage 4, the enterprise, if necessary, checks the employee data collected from the previous place of work.
If the admission form 1 and 2 are issued, the company without fail sends documentation to the FSB representatives with a motivation letter stating that the employee must be allowed to classified information. It is important that the position and the number of persons with admission are indicated there. It is also necessary to indicate circumstances that affect the decision on admission.
A separate card is issued for a person for whom 1 or 2 admission forms are issued. If he goes to work in another company, this card is sent there. A new one is reissued only in cases when the previous one was destroyed for any reason. The card must be approved by the management of the organization.
Further, the mutual obligations of the employee and the company are drawn up in a separate contract. This document acts as an annex to the employment contract.