(2022.12.16-ны өдрийн орчуулгын хяналт)                                    Unofficial translation

 

LAW OF MONGOLIA

December 1, 2016              Ulaanbaatar city

 

ON STATE AND OFFICIAL SECRETS

chapter one

general provisions

 

 

Article 1.Purpose of the law

1.1.The purpose of this law is to define the national system and legal basis for the safeguarding of state and official secrets of Mongolia and to regulate relations concerning the classification and the safeguarding of information.

Article 2.Legislation on state and official secrets

2.1.The legislation on state and official secrets is comprised of the Constitution of Mongolia, Law on National Security, this law and other legislative acts enacted in conformity with these laws.

Article 3.The scope of the law

3.1.A Mongolian organization, business entity, official, and citizen shall comply with this law.

3.2.A foreign citizen and stateless person who has access to the state and official secrets of Mongolia shall be obliged to comply with 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 safeguarding of information pertaining to state and official secrets provided by a foreign country and international organization.

Article 4.Principles of information pertaining to state and official secrets and classification

4.1.Information shall be classified as a state and official secret in conformity with the principles of lawfulness, reasonability, and timeliness.

Article 5.Definitions of the law

5.1.The following terms used in this Law shall have meanings as follows:

5.1.1."state secret" shall mean information classified as the state secret in accordance with the legislation of Mongolia, which in case of disclosure and a loss causes danger, threats and damage to the national security and national interests, and to be kept under the state protection;

5.1.2."official secret" shall mean information that its disclosure and loss causes damage to a sector, state agency, and other legal entity, and to be kept under state protection;

5.1.3."state and official secrets carrier" shall mean a material thing that contains state and official secrets in the form of text, symbol, image, signal, technical solution and activity;

5.1.4."classification of information" shall mean measures to limit access to or distribution of information pertaining to state secrets or official secrets;

5.1.5."classification level" shall mean the marking on a carrier of classified information or its accompanying documents which represent the level of classification of state and official secret information;

5.1.6."authorized access to state and official secrets" shall mean a right to access to state and official secrets issued to an official or citizen pursuant to this law, and a legal entity's right to engage in activities related to the use of state and official secrets;

5.1.7."security officer of the state and official secrets" /hereinafter referred to as "classified information security officer"/ shall mean a staff member or an officer in charge of organizing, implementing and monitoring the safeguarding of state and official secrets in a state organization and other legal entity;

5.1.8."device for the safeguarding of state and official secrets" shall mean technical, software, cryptographic and other devices used for the safeguarding of state and official secrets;

5.1.9."safeguarding of state and official secrets" shall mean a set of legal, organizational, technical, cryptographic and other measures for preventing disclosure and a loss of state and official secrets;

5.1.10."declassification of state and official secrets" shall mean annulment of safeguarding, classification duration, and level of classification of state and official secrets in compliance with grounds and rules set forth in this law;

5.1.11."disclosure of state and official secrets" shall mean access by an unauthorized person to state and official secrets through informing, transferring, displaying, publishing and other methods;

5.1.12."loss of state or official secrets" shall mean temporary or permanent removal of state and official secrets from the possession or use of an organization, official, and citizen due to a violation of the set forth regimes and rules.

Article 6.General obligation to safeguard state and official secrets

6.1.State agencies and officers shall be obliged to safeguard state and official secrets.

6.2.An administrative body of Mongolian state agency, administrative and territorial units and other legal entity /hereinafter referred to as "state agency and other legal entity"/, political party, movement, non-government organization, officer, official, Mongolian citizen, foreign citizen and a stateless person authorized to access state and official secrets are obliged to not disclose it.

6.3.A state agency shall deliver a report on the works performed regarding the preservation and security of the state and official secrets to the Intelligence Agency by January of each year.

6.4.Any officer or citizen who has discovered the potential disclosure or loss of state and official secrets or who has found a lost secrets carrier shall notify the Intelligence Agency immediately.

6.5.The Government shall establish regulations for rewarding a legal entity and citizen who has prevented state and official secrets from unauthorized disclosure, given a substantial contribution to the safeguarding of secrets, informed about illegal activity, and/or provided other contributions to intelligence and law enforcement agencies.

Article 7.Ownership of state and official secrets, and transfer to a foreign country and international organization

7.1.State and official secrets other than transferred from a foreign country and international organization shall be the state property of Mongolia.

7.2.A state agency and other legal entity, officer, and citizen shall possess, use and safeguard the state and official secrets in control of or has in possession in accordance with legislation.

7.3.If the information and its carrier in possession of a citizen and legal entity, which is significant or dangerous to national security, is deemed to be classified, it may be transferred to state ownership with the consultation with the owner based on an agreement including or excluding compensation.

7.4.If the compensation amount to the owner specified in provision 7.3 of this Article has not been mutually agreed it shall be determined by the verified estimation of an independent expert.

7.5.The Government shall determine whether to obtain the information and its carrier owned by a citizen and legal entity provided in provision 7.3 of this Article as a state property based on the opinion of an authorized agency or a conclusion of the Intelligence Agency.

7.6.State and official secrets with all levels of classification except "exceptionally top secret" may be transferred based on a treaty and agreement on the mutual safeguard of secret information with a foreign country or international organization or an opinion of the Intelligence Agency.

7.7.In case it is necessary to transfer official secrets to a foreign country or international organization which has not entered into an agreement referred to in provision 7.6 of this, Article the administrative body of the organization shall determine according to the relevant regulation.

chapter two

POWERS OF STATE Agency AND OFFICer on safeguarding

STATE AND OFFICIAL SECRETS

Article 8.Powers of the State Great Khural

8.1.The State Great Khural shall exercise the following powers in respect of safeguarding state and official secrets:

8.1.1.to approve state policy and legislation on the safeguarding of state and official secrets and monitor their implementation;

8.1.2.to reflect and approve the state budget for a program, project, and activity for safeguarding state and official secrets.

Article 9.Powers of the President of Mongolia

9.1. The President of Mongolia-the Head of the National Security Council within its authority shall exercise power to control the safeguarding of state and official secrets, to receive a report and information hereof by the relevant state agency, and to give directions to the Government.

Article 10.Powers of the Government

10.1.The Government shall coordinate the safeguarding of state and official secrets nationwide and shall exercise the following powers:

10.1.1. to organize the implementation of legislation on the state and civil secrecy and give commands and direction to the relevant authority and officers;

10.1.2. to develop and implement state policy, project, program, and legal documents for the safeguarding of state and official secrets;

10.1.3.to approve procedures and instructions concerning state and official secrets;

10.1.4. to establish an intergovernmental treaty and agreement on interchange and the safeguarding of state and official secrets;

10.1.5. to classify information as state and official secrets, transfer and declassify information, establish and change levels of classification, and extend the classification duration.

Article 11.Powers of agencies and officers

11.1. Agencies and officers shall have the following powers in respect of the safeguarding of state and official secrets:

11.1.1. to organize and ensure the implementation of legislation on the safeguarding of state and official secrets within the branches and its affiliated organizations;

11.1.2. to monitor the safeguarding of state and official secrets of the branches and affiliated organizations;

11.1.3. to improve a method and devices for the safeguarding of state and official secrets, and to submit an opinion on the reflection in the budget and the financing of the required funds to authority, and to be resolved the opinion hereof;

11.1.4. to develop and approve plans to safeguard state and official secrets during emergency situations and to ensure the preparedness of measures taken in such situations.

Article 12.Powers of the Intelligence Agency

12.1. The Intelligence Agency shall have the following powers in respect of the safeguarding of state and official secrets:

12.1.1.to take measures to prevent the disclosure of state and official secrets;

12.1.2.to monitor and investigate the use and the safeguarding of state and official secrets by a state agency and officer;

12.1.3. to organize experiments, analyses, and verification of technical and cryptographic devices for the safeguarding of state and official secrets;

12.1.4. to provide professional and methodological support to agencies and officers to organize the safeguarding of state and official secrets;

12.1.5. to cooperate with relevant organizations on the implementation of legislation on state and official secrets, resolution of the President and the Government of Mongolia, and to submit opinions on improving the performance of preservation, safeguarding, and use of state and official secrets to the Government;

12.1.6. to draft proposals on the information to be classified as the state and official secret, transfer and declassification of secret, establish and change a level of classification and extension of a classification duration, and submit these drafts to the Government;

12.1.7. to establish and use the integrated database for registration of state and official secrets;

12.1.8. to carry out a security check on the officer and a citizen who have access to state secrets, and to research and investigate the contractor entity carrying out its activity by using state and official secrets;

12.1.9. to organize and monitor the transfer and delivery of state and official secrets, delivering information, postal and telecommunications network and cipher relations nationwide and overseas;

12.1.10. to organize training, scientific activity, and research on the safeguarding of state and official secrets;

12.1.11. to give opinions and conclusions on the draft of the treaty and agreement on interchange and the safeguarding of state and official secrets.

12.2. The Government shall approve the procedure for establishment and use of the database specified in Provision 12.1.7 of this Article.

chapter three

INFORMATION TO BE classified as STATE AND OFFICIAL SECRETS

Article 13.Information to be classified as state secrets

13.1.The following information shall be classified as state secrets:

13.1.1. within the scope of state policy:

13.1.1.а.the parts that shall be classified, of the concepts and doctrines of national security and foreign policy of Mongolia;

13.1.1.b.information discussed in sessions of the State Great Khural, the National Security Council, and the Government, are classified as state secrets;

13.1.1.c.detailed information reflecting the policy and position of Mongolia in relation to a foreign country and information received confidentially from foreign countries;

13.1.1.d.agreement and treaty draft of the Government and the Central Bank relating to cooperation in the financial sector, debt, loan, and grant with a foreign country and international organization, and information on their drafting phase;

13.1.1.e.detailed information on the highest-level and high-level official visit, bilateral and multilateral discussion and agreement;

13.1.1.f.comprehensive information on an international treaty, agreement and protocol on the issues classified as state secrets according to this law, concluded with a foreign government and organization, their drafts and implementations;

13.1.1.g.work plan and guidance for emergency situations of diplomatic missions abroad;

13.1.1.h.direction and guidance for a delegate of an international conference, meeting and forum related to issues classified as state secrets according to this law;

13.1.1.i.the parts of information shall be classified, on the action and measure taken by a competent authority in times of crime, accident, and emergency situation in a manufacturing plant and important object which is significant to national defense and the economy.

13.1.2. within the scope of economy, science and technology:

13.1.2.а the parts that shall be classified of the information on policy and action for ensuring economic security;

13.1.2.b.information on the resources of the banknote, and location of the resources fund and their security;

/The amendment to this paragraph was made according to the law as of April 22, 2022/

13.1.2.c.information which is significant for ensuring national security such as science and technology achievements; scientific and research work; research experiment, installation, project work, and technology;

13.1.2.d.information on creating, producing and destroying the original designs of the banknotes; and supply, exchange and decommission of banknotes;

13.1.3.within the scope of defense:

13.1.3.а.information on defense policy and state military doctrine that shall be classified;

13.1.3.b.integrated indicators and information describing the organizational charts of the armed force during peacetime and war, unity of the state military organization, combat resources, real names, organizations, structures, their combat ability, and preparedness of combat of the military units of the armed force;

13.1.3.c.information on the strategic direction and the preparedness plan of state military organizations, their implementation and estimation, documents on the strengthening and utilization of armed forces, strategic planning documents, plans for transferring levels of readiness, preparing for combat and transferring units, and protection tactics against armed attacks and aggression;

13.1.3.d.information related to combat and border protection readiness, operation instruction and order, and equipping a location for combat operation;

13.1.3.e.topographic map containing information that is classified as state secrets according to this law, related to defense and state border protection;

13.1.3.f.information related to instruction, plan, resource, estimation of placement of state and military mobilization; information related to supply, order, resource of weaponry, armaments, and materials and firearms of the state military organization;

13.1.3.g.statistic and records of military personnel of state military organization, integrated information on the military personnel in reserve and persons subject to conscription and demobilization, military career classifications, aggregate amount and estimation of registered military personnel and vehicles /at the national, capital city and aimag level/;

13.1.3.h.information on the structure, organization and supply of automated and covert /command communications/ operational system of the state military organization;

13.1.3.i.information on the location of command centers, information and communications networks, and radio frequency allocations of the state military organization;

13.1.3.j.information on the purpose and range of state and military mobilization, type, capacity and method of the mobilization, integrated plan of state mobilization, and instruction and plan of the mobilization of the government central organizations, the capital city and the aimags;

13.1.3.k.information related to organizing the activity of state border protection and border check service and supply;

13.1.3.l.information related to actual volume, location, reporting and financing of the state and defense reserves;

13.1.3.m.estimation and grounds of the draft of yearly, mid-term, and long-term guidelines of the state and defense reserves, and a document issued by competent authority for the implementation of the guidelines;

13.1.3.n.plan for shifting the nation into a state of war, operational plan of state agency during the state of war and military situation, and other relevant information;

13.1.3.o.operational plan for emergency situations; operational arrangements for communications and warning; information related to using infrastructure for warnings and communications; and information related to head bunker, and their budget, location and capacity;

13.1.3.p.information that shall be classified and related to income and expenditure of the armed force development fund.

/This sub-paragraph was added according to the law as of January 29, 2021/

13.1.4. within the scope of intelligence, counter-intelligence and law enforcement:

13.1.4.a.information related to the source of intelligence, counter-intelligence, operational-search activity and their covert operation;

13.1.4.b.information related to integrated data of intelligence operational-search activity and special data;

13.1.4.c.information related to registration data of operational-search activity and special equipment, and information kept on special equipment, software, codes, keys, data and carrier of classified information;

13.1.4.d.information related to units and affiliates, buildings and premises, locations, plate numbers of vehicles, and special equipment for the operation of the organization authorized to perform intelligence, counter-intelligence and operational-search activity, which its formation information shall be classified;

13.1.4.e.dossier, document, and information of the case that was under operational-search and under the operational-search;

13.1.4.f.decision, instruction, rule and other documents related to the implementation of operational-search activity operations issued by the administrator of the competent authority;

13.1.4.g.information on a basic plan for activities, report, and job description operational-search agent;

13.1.4.h.information of the organizational structure and job positions of a unit in charge of operational-search in the Intelligence Agency, counter-intelligence agency and other competent authority;

13.1.4.i.the budget of the Intelligence Agency; expenditure and its reports of other competent authorities in charge of operational-search activity;

13.1.4.j.information related to the profile and official work of operational-search agent and covert operational-search agent;

13.1.4.k.information delivered to the competent authority and officers from the Intelligence Agency related to national security;

13.1.4.l.account, accounting book and goods of the special archive of the competent authority in charge of operational-search activity;
13.1.4.m.plan to shift the competent authority in charge of operational-search activity into a heightened state of emergency readiness; plan, instruction and alert for combating terrorist activities, sabotage and organized crime;

13.1.4.n.implementing activities related to ensuring the national security of Mongolia by the Intelligence Agency;

13.1.4.o.information on organization, method, tactic, force, technique and plan for the internal security of the competent authority in charge of the operational-search activity, the Intelligence Agency and counter-intelligence agency;

13.1.4.p.information related to the supply and resources of the weapon, special equipment, materials, vehicle and reserve used in operational-search by intelligence and counter-intelligence agencies and other competent authorities in charge of the operational-search activity;

13.1.4.q.information related to cooperation of the Intelligence Agency with the special services of a foreign country;

13.1.4.r.progress of measures such as evacuation, change of document and appearance specified in the Law on Protection of Witnesses and Victims, and information of a person protected by these measures, that shall be classified.

/The amendment to this sub-paragraph was made according to the law as of April 24, 2020/

13.1.5.within the scope of information security and others:

13.1.5.a.information on the state special services and information on the structure, organization, software, ciphering equipment and operational concept, and radio frequency spectrum allocation;

13.1.5.b.special purpose equipment and software of the state information network management center;

13.1.5.c.information on state cipher communications policy; processing, data, resources ciphered method and methodology, guidance, codes, keys and other relevant information of the state special-purpose information, communications and cipher cryptography;

13.1.5.d.regulation and guidance of the state cipher report and cipher communication, and registration of the cipher material;

13.1.5.e.information on the handover, transfer and inspection of a carrier of state secrets;

13.1.5.f.book; study book; work; science and research work; report; presentation; information; opinion; schedules and note of the meeting, workshop, seminar and training prepared using information pertaining to state secrets, and carriers of secrets;

13.1.5.g.documents and information which shall be classified, of the inquiry, investigation, prosecution and court procedure on a case involving an issue classified as state secrets;

13.1.5.h.information on the health condition of an officer provided first-level state special protection by the law;

13.1.5.i.information on the location, issued place name, drawing, security structure and force device of state high-security and special objects;

13.1.5.j.cartography of the facility of clean water resources;

13.1.5.k.state and diplomatic post service of the information, document and goods classified as state secrets according to this law; a delivery process from sealing to delivery to the client

13.1.5.l.minutes and document of the closed meetings on the issues classified as state secrets according to this law;

13.1.5.m.information on the permanent and temporary structure, force, device for the officer, citizen, meeting, session, vehicle and other objects which are under the state special protection; and information on the structure, job positions and budget of the State Special Protection Agency;

/The amendment to this sub-paragraph was made according to the law as of May 14, 2020/

13.1.5.n.rule on concealing the state important and special objects and operations.

13.2.State agency and other legal entities shall develop a list of state secrets of the sector and organization within the list specified in provision 13.1 of this Article, and obtain an opinion from the Intelligence Agency and approval from the Government.

13.3.The list of classified information within the sector and organization shall reflect the classification duration and level.

Article 14.Information pertaining to official secrets

14.1.The list of information pertaining to official secrets shall be developed by the responsible body and shall be approved by the decision of the Cabinet Member and the head of the organization in charge of the issue.

14.2.An opinion of the Intelligence Agency is required when approving the list specified in Article 14.1.

chapter four

CLASSIFICATION AND DECLASSIFICATION OF INFORMATION

Article 15.Classification of Information

15.1.A related organization and officer shall take measures to classify information from the effective date of the law pertaining to the classification of information as state and official secrets.

15.2.Information shall be classified by marking with a level of classification and other label specified in this law.

15.3.Concealment of an object and specific operation shall be implemented in accordance with the rule approved by the Government.

15.4.An organization or officer shall present an opinion to the head immediately on the measures to classify the information and inclusion in the list of classified information if the information developed or received by the organization or officer is not included in the list specified in Articles 13.2 and 14.1 of this law, but necessary to classify.

15.5.An officer who receives the opinion referred to in Article 15.4 shall analyze the information and decide on whether to amend the list or refuse to classify in accordance with procedures approved by the Government.

Article 16.The level of information pertaining to state and official secrets and its criteria

16.1.Information pertaining to state and official secrets shall have the following levels depending on the level of threat, harm and damage to the national security and interest of Mongolia, an organization and citizen due to its disclosure or loss:

16.1.1.exceptionally top secret;

16.1.2.top secret;

16.1.3.secret.

16.2.Information pertaining to state secrets is classified as "exceptionally top secret" or "top secret"; and the information pertaining to official secrets is classified as "secret".

16.3.The use of classification levels of the state and official secret information other than those stipulated in this law shall be prohibited.

16.4.Information that its disclosure or loss causes danger and threat to the independence, sovereignty, and territorial integrity of Mongolia, or exceptionally grave consequences to national interests and threatens human life and body shall be classified as an "exceptionally top secret".

16.5.Information that its disclosure or loss causes grave consequences to the national interests of Mongolia and weakens the defense capacity shall be classified as a "top secret".

16.6.Information that its disclosure and loss cause damage to interests and activities of a sector, state agency, and other legal entity or cause disclosure of the information pertaining to state secrets shall be classified as a "secret".

16.7.The Government shall approve procedures for the determination of the level of state and official secrets.

Article 17.Duration of classification

17.1.State and official secrets other than those specified in provisions 17.4 and 17.5 of this Article shall be classified for the following durations:

17.1.1.information classified as an "exceptionally top secret" for 30 years;

17.1.2.information classified as a "top secret" for 20 years;

17.1.3.information classified as a "secret" for 10 years.

17.2.Classification duration shall commence from the date of its marking of classification level and other labels.

17.3.If the level of classification of state secrets is changed, the classification duration shall be calculated by the latest classification.

17.4.Information that shall be classified, on the covert operational-search agent of an agency authorized to implement intelligence, counter-intelligence and operational-search, a person who has covertly cooperated or is cooperating with those agencies and a person who is protected by the Law on Protection of Witnesses and Victims shall be classified permanently.

17.5.In cases where a specific duration for classification cannot be established and it shall be declassified by a specific act or event, the duration of classification shall be calculated in accordance with the conditions.

17.6.If the duration of classification shall be extended further due to national security and interests, the organization and officer in charge of the classified information shall extend the duration pursuant to Paragraph 17.1 of this Article based on an opinion of the Intelligence Agency.

17.7.Notwithstanding the completion of the classification duration, the information shall be classified until the decision on whether to declassify is issued.

17.8.Unless otherwise provided in an international agreement to which Mongolia is a party, the duration specified in this law shall apply to classified information of a foreign country and international organization.

Article 18.Marking for government and official secrets carrier

18.1.The measure for classifying information shall be implemented by marking the appropriate documents and other secrets carriers:

18.1.1.level of classification;

18.1.2.registration number;

18.1.3.classification date and duration of classification;
18.1.4.position, surname, name and signature of the officer who classified the information.

18.2.The marking stamp shall be applied in the top right of each page of the document and each page shall be numbered. If the document is composed of several copies, the first page of each copy shall contain the number of the copy and total number of pages.

18.3.Documents and other goods containing information with different levels of classification specified in Paragraph 17.1 of this law shall be marked wholly with the highest level.

18.4.If it is not possible to mark the carrier of the state and official secrets, it shall be marked with classification marking in the accompanying document or on the outer side of a tangible thing.

18.5.Use of the classification marking on the other than for state and official secrets carrier shall be prohibited.

Article 19.Grounds and procedure for declassification of state and official secrets

19.1.State and official secrets shall be declassified on the following grounds:

19.1.1.classification duration has expired;
19.1.2.no longer need to classify information as a state or official secret due to changes in circumstances;
19.1.3.a law which declassifies the information was approved and entered into force;

19.1.4.established that information was classified groundless.

19.2.State and official secrets shall be declassified in accordance with the procedures set out in provision 19.6 of this Article.

19.3.The Government shall determine whether to declassify information pertaining to state and official secrets before the expiration date on the grounds stated in provision 19.1.2 of this Article based on an opinion of the Intelligence Agency.

19.4.If the duration of classification is not extended, the state agency and officer who classified the information or is in charge of shall declassify the information as the date expires in accordance with the relevant procedures.

19.5.The carrier of information which has no historical, scientific, research, or practical and inquiring significance and declassified as stipulated in this law shall be destroyed according to the relevant procedure.

19.6.The procedure for declassification of state and official secrets shall be approved by the Government.

chapter five

access to state and official secrets

Article 20.Conditions for access to state and official secrets

20.1.A person who is authorized to have access to a certain level of classified information shall be the subject to a job and official position who have access to classified information other than those specified in Article 21 of this law based on the results of the security check.

20.2.The requirements set forth in provision 20.1 of this Article shall be applicable to a citizen and officer who has access to state secrets in connection with inspection and certain tasks and duties.

20.3.An officer who is authorized to have access to the secrets based on a decision of the head of a state agency or other legal entity shall be the subject to a job and official position who have access to official secrets; and shall guarantee to not disclose the secrets as soon as elected or appointed to the position.

20.4.Head of a state agency or other legal entity shall approve the list of the officers authorized to access to the state secrets of the organization, based on an opinion of the Intelligence Agency.

Article 21.Special conditions for access to the state and official secrets

21.1.Unless prohibited by law, the President, the Speaker of Parliament, and the Prime Minister of Mongolia shall have the access to state and official secrets regardless of their level of classification.

21.2.Unless prohibited by law, a member of the State Great Khural and the Government shall have the access to state and official secrets within the scope of the agenda of the session regardless of their level of classification.

21.3.A member of a working group established by the State Great Khural for the purposes of examining issues pertaining to state and official secrets, or any person authorized for this purpose, shall have access to state or official secrets within the scope of the examination regardless of their level of classification, other than those prohibited by law.

21.4.The Chairman and a member of the Special Review Subcommittee of the State Great Khural shall have access to information related to the source of information and general data of operational-search within the scope of the ongoing search under the permission of the State Great Khural; and any other person shall be prohibited to have access.

21.5.A member of the Constitutional Court, a judge, a prosecutor and an investigator shall have access to state and official secrets within the scope of a specific case or dispute under the process in accordance with procedures established by law.

21.6.Officers specified in provisions 21.1 - 21.5 of this Article, the President of the Bank of Mongolia, heads of organizations established by the State Great Khural, heads of government agencies, and governors of all levels shall not be subject to security checks and shall guarantee to not to disclose state and official secrets.

Article 22.Authorization to access state secrets

22.1.Authorization to access state secrets shall be issued to the persons who conform to the following requirements:

22.1.1.consented security check in writing related to authorization to access state secrets;

22.1.2. have been cleared by the authorized agency;

22.1.3. submit a written guarantee not to disclose state secrets.

Article 23.Right to access state and official secrets

23.1.Right to access state and official secrets shall have levels regarding the level of classification, and the relations related to its authorization shall be regulated by the general procedure for safeguarding state and official secrets.

Article 24.Grounds for refusal of authorization to access state secrets for officers and citizens

24.1.An officer and citizen shall be denied the right to access state secrets on the following grounds:

24.1.1.does not conform with the requirements and conditions for accessing state secrets;

24.1.2.refuses to participate in the security check and to submit the written guarantee on the safeguarding of state and official secrets;

24.1.3.does not present about himself/herself and other relevant information for the security check, or gives false information;

24.1.4.violates the rules for safeguarding state and official secrets repeatedly or seriously;

24.1.5.has been sentenced for an intentional crime, or investigated for a crime;

24.1.6.has submitted a renunciation of citizenship of Mongolia;

24.1.7.has been established that has a mental illness or a disorder;

24.1.8.has dependence on drugs, substances or alcohol.

Article 25.Suspension and revocation of the right to access state and official secrets

25.1.The Intelligence Agency may suspend the right to access state and official secrets of an officer and citizen who is suspected or convicted in a criminal case or inspected for breaching the regulation on the safeguarding of state and official secrets until the court decision becomes effective or the decision of the official examination is finalized.

25.2.The Intelligence Agency shall revoke the right to access state and official secrets of an officer and citizen in case of dismissal from a job or official position, circumstances specified in Article 24 of this law, termination of a work contract, and a serious or repeated violation of regulations of any duty to safeguard state and official secrets.

Article 26.Security check

26.1.The Intelligence Agency shall conduct security check on an officer and citizen who has access to state secrets except for those specified in Articles 21.6 and 26.3 of this law.

26.2.The chief of the Intelligence Agency shall approve the regulation for the security check specified in provision 26.1 of this Article.

26.3.A person who is a subject for the selection of the position of the organization authorized to carry out operational-search shall be examined in accordance with the relevant legislation.

Article 27.Duty of officer and citizen

27.1.An Officer and citizen authorized to access state and official secrets shall have the following general obligations:

27.1.1.to abide by legislation safeguarding state and official secrets;
27.1.2.to protect state and official secrets that have been obtained through their official duty and not to disclose them during their working period and after their dismissal or release until the declassification;

27.1.3.to prevent the disclosure or loss of state and official secrets;

27.1.4.to immediately notify the classified information security officer of circumstances of a possible disclosure and loss, or disclosure and loss that has occurred, or a breach of rules for the safeguarding of secrets;

27.1.5.to duly hand over the carrier of state and official secrets entrusted to him/her in case the official and labor relations have terminated or is transferred to another job or position; to submit a written guarantee on not to disclose state and official secrets;

27.1.6.Unless otherwise provided by law, in the case of traveling abroad for private purposes, to give written notice to the organization in advance.

Article 28.Obligations of a security officer of state and official secrets

28.1. A security officer of the state and official secrets shall have the following obligations except for the general obligations stipulated in Article 27 of this law:

28.1.1. to ensure the implementation of legislation to safeguard state and official secrets and to organize and implement the classified documentation;

28.1.2.to give methodological and professional advice to officers and officials on the use and protection of state and official secrets;

28.1.3.to monitor the preservation and safeguarding of state and official secrets within the sector and affiliated organizations and to organize inspection and inventory;

28.1.4.to take guarantees from an officer and citizen authorized to access state and official secrets;

28.1.5.to inform the Intelligence Agency if established informal relations with a foreign citizen and organization;

28.1.6.to inform the Intelligence Agency concerning the transfer and movement of officers authorized to access state secrets;

28.1.7.to organize an official examination and present the result to the head of the organization or to the Intelligence Agency if required, in case of a breach of rules for the safeguarding of state and official secrets, and to immediately implement measures to remove the breach and fault;

28.1.8.to immediately notify the head of the organization and the Intelligence Agency in case of disclosure or loss of state and official secrets.

Article 29.Legal and economic guarantee for classified information security officer

29.1.State agency and other legal entities shall get an opinion from the Intelligence Agency on the dismissal or transfer of classified information security officer.

29.2.A classified information security officer shall have additional pay depending on the level of classification and the length of employment working with secrets according to the rules approved by the Government.

chapter six

safeguarding state and official secrets

Article 30.Organization of safeguarding state and official secrets

30.1.The Government shall coordinate and organize the safeguard of state and official secrets in Mongolia.

30.2.The Intelligence Agency shall implement the safeguarding of state and official secrets within its power and shall have structural units to organize, implement, monitor, and provide professional and methodological management nationwide for the safeguarding of state and official secrets.

30.3.Head of a state agency and other legal entities shall have duties and responsibilities to organize the safeguarding of state and official secrets in their organizations.

30.4.State agency and other legal entities shall have a unit or an officer under its direct management, in charge of safeguarding the state and official secrets based on its work scope and workload in respect of state and official secrets.

30.5.Duty and legal status of the unit ]for safeguarding state and official secrets shall be determined by the general regulations on safeguarding state and official secrets and by the organization's internal regulations approved in conformity with its features.

30.6.The safeguarding of state and official secrets shall be implemented by the legal, organizational, technical and other measures according to this law and other legislative acts enacted in conformity with this law.

Article 31.Creating, processing, preserving, using, transmitting, registering, transporting, sending, and destroying state and official secrets, and their carriers

31.1.Creating, processing, preserving, use, transmitting, transferring, transporting, sending, registering, destroying, ensuring safety and other relevant activities of state and official secrets, and their carriers shall be implemented as specified in this law and general regulation on safeguarding state and official secrets approved by the Government.

31.2.A state agency and other legal entities may establish internal regulations for safeguarding state and official secrets in conformity with the general regulations specified in provision 31.1 of this Article, in relation to its distinct characteristics of activity.

31.3.Special couriers may be used for sending and receiving state secrets to and from an organization and officer of Mongolia abroad.

31.4.Relations related to sending and receiving special posts to and from an organization and officer of Mongolia abroad shall be regulated by the special regulation approved by a joint decision of the Minister of Foreign Affairs, the Chief of the General Staff of the Armed Force and the Chief of the Intelligence Agency.

Article 32.Transferring state and official secrets to a state agency and other legal entities

32.1.State and official secrets shall be duly transferred to other state agencies and legal entities based on the decision of the head of state agency or the legal entity in charge of the state and official secrets.

32.2.The state agency or the legal entity receiving state and official secrets according to provision 32.1 of this Article shall conform to the conditions and requirements for the safeguarding of secrets specified in this law and other legislative acts.

Article 33.Transferring state and official secrets in relation to performing a work

33.1.In relation to performing a work based on the decision by the head of the organization in charge of the state and official secrets, it may be transferred to a legal entity or citizen only within the size and limits required for the work, according to the general procedure for safeguarding state and official secrets.

33.2.A legal entity receiving the transferred secrets according to provision 33.1 of this Article shall conform to the conditions and requirements for safeguarding state and official secrets specified in this law and other legislative acts enacted in conformity to it, and a citizen receiving the transferred secrets shall be authorized to access the state and official secrets.

33.3.If the contractor fails to fulfill obligations to protect state and official secrets or fulfilled this obligation insufficiently during the work, the client shall suspend the use of the state and official secrets and take back the state and official secrets.

Article 34.Technical and cryptographic protection of state and official secrets

34.1.Technical and cryptographic measures to protect state and official secrets shall be implemented according to general regulation on safeguarding state and official secrets.

34.2.Technical and cryptographic devices for the protection of state and official secrets shall be certified to conform to the appropriate requirements for protecting the information.

34.3.Use of the cryptographic device for protection of state and official secrets shall be regulated by the rule for state cipher communications approved by the Government.

Article 35.Safeguarding of state and official secrets in case of changing the legal status of a state agency and other legal entity

35.1.If a state agency, or legal entity is reorganized, liquidated, or its duties related to the use of state and official secrets are completed, the agency or legal entity shall implement measures to safeguard the carrier of the state and official secrets in its possession.

35.2.In case specified in provision 35.1 of this Article, the agency or legal entity shall destroy the carrier of the state and official secrets according to determined regulation or shall take measures to transfer to the following organizations:

35.2.1.to transfer to the successor of the state agency or legal entity;

35.2.2.to transfer to the state agency and other legal entity in charge of the secrets;

35.2.3.to transfer to the National Central Archive.

/The amendment to this sub-paragraph was made according to the law as of April 24, 2020/

35.3.The Intelligence Agency shall monitor the measures for destroying and transferring the state and official secrets specified in provision 35.2 of this Article.

Article 36.Protecting state and official secrets in the court procedure

36.1.The protection of the state and official secrets in civil, criminal and administrative procedures shall be regulated by this law, and other relevant legal acts.

Article 37.Financing of safeguarding state and official secrets

37.1.Safeguarding of state and official secrets in the organizations financed by state and local budgets shall be financed by the corresponding budget, and the other organization and legal entity shall be financed by its own budget.

Article 38.Monitoring the protection of state and official secrets

38.1.The head of a state agency or other legal entity, their unit, or officer in charge of safeguarding the secrets shall monitor the protection of the state and official secrets within their affiliated branch or organization.

38.2.Client of the work contract shall be responsible to monitor the protection of state and official secrets transferred to the contractor in relation to the work.

38.3. The Intelligence Agency shall monitor and examine the nationwide protection of the state and official secrets in state agencies and other legal entities regardless of their ownership type and affiliation, and shall give instructions to correct errors and faults and ensure their performance.

38.4.The official instructions of the Intelligence Agency shall be mandatory for organizations and officers and shall respond accordingly.

38.5.The Government shall approve the regulation for organizing monitoring and examination specified in provision 38.3 of this Article.

chapter seven

Miscellaneous

Article 39.Liability for violators of the legislation on state secrets and official secrets

39.1.Violators of the legislation on the state and official secrets shall be subject to criminal, misdemeanor and discipline liabilities according to the relevant legislation.

39.2.If the violation of the legislation on the state and official secrets by an officer does not constitute a criminal offense, the Intelligence Agency shall submit an opinion to the higher level of organization or officer of the violator with the following liabilities:

39.2.1.to withhold the salary up to 20 percent for up to three months of an officer who fails to perform duties specified in Articles 6.2, 6.3, 15.1, 27 and 28 of this law;

39.2.2.to downgrade or dismiss from the position or discharge from the public service an officer who repeatedly fails to perform duties specified in Articles 6.2, 6.3, 15.1, 27 and 28 of this law and fails to perform duties specified in Article 38.4 of this law.

39.3.The organization or officer with the higher level of the position shall impose the liability specified in Article 39.2 of this law to the relevant officer and shall notify the Intelligence Agency within 14 days.

39.4.The Intelligence Agency shall submit an opinion to be resolved by the organization or officer authorized to appoint and discharge the officer who did not perform the duty specified in Article 39.2 of this law or groundlessly refused to perform this duty.

39.5.The organization, officer, and citizen who receives the official instruction and decision of the Intelligence Agency issued in accordance with the power stipulated in this law shall implement the related measures and inform it.

39.6.Any person or legal entity who breaches Article 39.5 of this law shall be liable to sanctions stipulated in the Law on Violations.

/The amendment to this paragraph was made according to the law as of January 10, 2020/

39.7.The imposition of a fine on a violator of the Law on State Secrets and Official Secrets shall not be grounds for discharging him/her of liability for removing the violation and compensating for the damages caused to others as a result of the violation.

/The amendment to this paragraph was made according to the law as of January 10, 2020/

Article 40.Entry into force of the law

40.1.This law shall enter into force on September 1, 2017.

 

CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA M.ENKHBOLD