A bill to monetary penalties for disclosure of information to foreigners introduced in the state Duma

MOSCOW, October 30. Bill monetary penalties for unauthorized disclosure of information upon a request of foreign authorities submitted to the state Duma. The authors of the amendments were made by the deputies of the Duma property Committee headed by its Chairman Sergey Gavrilov.

In particular, the document introduces “the prohibition on the provision of information, excluding previously given, at the request of foreign authorities and organizations authorized by them, without the prior consent of the authorized body of Executive power of the Russian Federation, unless otherwise provided for by international agreements of the Russian Federation or Federal laws”. Sanctions for the provision of such data without the permission of the relevant authorities can make for citizens from 50 to 100 thousand rubles, for officials – from 600 thousand to 1 million roubles or disqualification for the term up to 3 years, for legal entities – from 1 million to 10 million rubles.

In addition, disclosure of information, access to which is restricted by Federal law, by a person having access to this data in connection with execution of office or professional duties, will be punished by a fine for citizens from 500 to 1 thousand rubles, for officials – from 4 thousand to 5 thousand rubles. These innovations do not concern cases where the disclosure falls under articles of the Criminal code.

The bill is aimed at “solving the problem of ensuring Russia’s national interests in the economy and economic security,” reads the explanatory note placed in the electronic database of the state Duma. The developers, among them – United Russia Vladimir Athos and Zaur Askenderov, I remind that international law mechanisms for cross-border transfer of information is governed by the Hague Convention of 18 March 1970. According to this document, cross-border requests for data can be directed to the judicial or diplomatic channels. “However, administrative and judicial practice on cases on transboundary provision of information indicates that state bodies and authorized organizations of several countries – primarily the USA – have often been ignored international agreements, aiming directly requests information relating to the activities of the companies of other countries, and giving to such requests in accordance with its law the mandatory execution requirements, in clear violation of the existing order,” the authors of the initiative. According to them, the imposition of such prohibitions is consistent with international practice.