State secret
The
Law on the State Secret
Approved on April
18, 1995
Article 4. Principles
followed in defining state secrets
The principles of
compliance with laws and timeliness shall be followed
in defining state secrets.
Article 5. The
area of issues related to state secrets
1. In the area of
national security of Mongolia:
1) Confidential parts
of the Concept paper on national security, information,
documents and other issues related to ensuring economic
security.
2) Information of
utmost importance on foreign policy and foreign stance,
confidential agreements, contracts and their drafts
made of Mongolia with foreign countries.
2. In the area of
defence:
1) Defence policy,
concept, military ideology, confidential parts of documents
related to the above.
2) Strategic and
operational plans, information on their implementation,
military strategy, operative and resource position,
documents on management of actions regarding preparation
and execution of operations and wars, information on
methods of armed fights, documents indicating the extent
of readiness for wars and recruitment, recruitment resources
and their use.
3) Scientific, experimental
and creative works regarding creation of new military
equipment, their purchase and improvement, programmes
implemented with this purpose, their performance and
results.
4) Names and types
of secret armament and equipment, technical specifications,
their availability and potential.
5) Information on
location, purpose and rating of readiness of objects
with strategic importance for national defence, their
protection, drafts, accompanying documents, budget for
expenses, territories assigned for building objects
and other related information.
6) Purpose of armed
forces, other military troops, technical supplies, secret
and special appointed locations, authentic names, number
of arms and military force.
7) Recruitment by
ministries, agencies, aimags and the capital city, number
of annual recruits and plans.
8) Contingency plans
for ensuring safety of population during country-wide
military recruitment, location of objects of protection,
their purpose, information on infrastructure during
this period.
9) Organisation,
methods and operations of forces of the national borders
and border inspection authorities, other information
related to them.
3. In the area of
economy, science and technology:
1) Research and scientific
works, creations, experiments, discoveries, drafts,
national and advanced technology of special importance
for the national security of Mongolia, its economy and
its defence.
2) Capacity for military
production and recruitment capacity, actual amount and
location of state reserves.
3) Raw materials
and other resources of importance for ensuring defence
and economic national security, amount of their extraction
and supply.
4) Methods and tools
to protect state secrets, actions taken with this purpose
and information about this.
4. In the area of
activities of secret operations and counter-secret operations:
1) Information about
execution of secret and counter secret operations, their
arms, source of information, number of agents, organisation,
documents, archived and database information and financing.
2) Codified system
of government communications, documents to connect to
the system, its encryption and keys.
3) Information on
supply of arms and special equipment of police, secret
agents, and prisons, their reserves, plans of operations
of secret agents, police and military during times of
unrest; information on arms for protection of objects
of importance for the state; plans of operation of prisons
during war and times of unrest, and other related documents.
4) Activities by
corresponding authorities to ensure national security
of Mongolia.
5. Procedures on
execution of criminals with capital charge, objects
defined as state secret related to provision 4 and 5
of paragraph 2 and 1 of paragraph 4 of this Article.
Article 6. The
list of state secrets
1. The list of state
secrets shall be approved by law.
2. It shall be prohibited
to define any information, documents and physical items
as confidential without approval by law.
The Criminal Law of
Mongolia
Approved on December
5, 1986
Article 71. Disclosure
of state secrets
- If a person in charge of objects
of state secrets, activities, information, documents
of physical items, or a person who had access to
these in the course of his official duties discloses
them, he shall be imprisoned for up to 4 years if
the offence is not recognised as treachery of the
motherland or spying.
- If a person who does not have
the right to know state secrets, has searched for
them or disclosed them to others, he shall be charged
by imprisonment for up to 3 years.
- If a serious damage is caused
by disclosure of state secrets, the punishment shall
be from 3 to 8 years imprisonment.
Article 72. Destruction
of state secret information and documents
- If a person in charge of objects
of state secret, activities, information, documents
of physical items, or a person who had access to
these in the course of his official duties causes
destruction of them due to incompliance with procedures
on their handling, he shall be charged with up to
3 years imprisonment.
(This provision
was changed by the law issued on April 1, 1996)
-
If a serious damage is caused
by disclosure of state secrets, the punishment shall
be from 2 to 6 years imprisonment.
The
Law on Archive
January 2, 1998
Article 25. Use
of archived documents
25.7. Documents in
the archives relating to State and other secrets and
protected by law shall be allowed to be exposed to public
30 years after their origination.
25.8. Documents related
to national security and state interests of paramount
importance shall be allowed to be exposed to public
50 years after their origination, and documents related
to private lives and property of individuals – 70 years
after their origination
The Law on Civil Service
December 30, 1994
Article 13. General
obligations of civil servants
7) to strictly maintain
confidentiality of state secrets, secrets of organisations
and private information of individuals during the time
of office and in period after completion of the civil
service.
The Law on Regulations
of the State Ikh Khural Sittings
February 6, 1997
Article 4. General
procedures of meetings
9. Meetings of the
State Ikh Khural shall be open. Meetings and decisions
shall be made public through media.
10. Meetings of the
State Ikh Khural sittings and Standing Committees may
be closed depending on features of the issue discussed.
The following procedures shall be followed while discussing
issues on closed meetings:
1) Issues defined
as state secrets shall be discussed on closed meetings.
Issues that are not part of state secrets may be discussed
on closed meetings upon such decision of the majority
of attending members.
3) It shall be prohibited
to tape, to enter [the venue] with audio recorders,
mobile telephones and to talk on the telephone except
officially allowed during closed meetings.
5) Notes on closed
meetings shall be made only in the register of secrets
6) Information about
closed meetings may be made public in accordance with
Article 46 of this law.
The Law on Statistics
June 5, 1997
Article 22. Prohibiting
illegitimate use of statistical information and disclosure
of confidential information
1. Employees of organisation
in charge of official statistics shall be prohibited
from making public the information on results of research
and surveys that are not (yet) to be published officially
and information related to state secrets, privacy of
organisations and individuals.
The Law on the Cabinet
of Mongolia
Approved on May 6,
1993
Article 29. Meetings
of the Cabinet
4. The meetings of
the Cabinet may be open or closed as decided by the
Prime Minister and any decisions other than those defined
confidential by laws shall be made public.
The Law on Military
Replenishment and Recruitment
Approved on May 15,
1998
Article 34. Maintaining
confidentiality of military replenishment and recruitment
actions
34.1. The purpose,
scope, type of actions to be taken, capacity and methods
of military recruitment shall be confidential at the
state level.
The Law on Treasury
November 17, 1994
Article 12. Accounting
of treasury
2. The central registration
of the treasury is a state secret and its copies shall
be kept in the government and the Bank of Mongolia.
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