On the Ratification of the Agreement on the Procedure for the Protection of Confidential Information and Responsibility for its Disclosure when Exercising the Powers of the Eurasian Economic Commission to Monitor compliance with the Uniform Rules of Competition
The Law of the Republic of Kazakhstan dated March 18, 2015 No. 295-V SAM.
To ratify the Agreement on the Procedure for the Protection of Confidential Information and Responsibility for its Disclosure when Exercising the Powers of the Eurasian Economic Commission to Monitor Compliance with the Uniform Rules of Competition, signed in Moscow on November 12, 2014.
President
Republic of Kazakhstan
N. NAZARBAYEV
AGREEMENT on the procedure for the protection of confidential information and responsibility for its disclosure in the implementation of The Eurasian Economic Commission has the authority to monitor compliance with the general rules of competition
The footnote. Title as amended by the Law of the Republic of Kazakhstan dated 03/16/2022 No. 110-VII (for the procedure of entry into force, see art. 2).
Entered into force on May 12, 2015 - Bulletin of International Treaties of the Republic of Kazakhstan 2015, No. 5, art. 42
The Member States of the Eurasian Economic Union, hereinafter referred to as the Member States,
based on the Treaty on the Eurasian Economic Union of May 29, 2014 (hereinafter referred to as the Treaty),
have agreed on the following:
The footnote. The preamble is in the wording of the Law of the Republic of Kazakhstan dated 03/16/2022 No. 110-VII (for the procedure of entry into force, see art. 2).
Article 1
1. This Agreement applies to relations related to the protection of confidential information and in which the Eurasian Economic Commission (hereinafter referred to as the Commission), state authorities of the Member States, legal entities and individuals of the member States participate within the framework of the implementation of the Agreement.
2. This Agreement does not apply to relations related to the protection of information classified as a state secret (state secrets) in accordance with the legislation of the Member States.
The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 03/16/2022 No. 110-VII (for the procedure of entry into force, see art. 2).
Article 2
For the purposes of this Agreement, the following concepts are used:
"information" – information (messages, data) regardless of the form of their presentation;
"confidential information" means, without prejudice to paragraph 2 of Article 1 of this Agreement, all types of information to which access is restricted in accordance with the regulatory legal acts of the Member States.;
"holder of confidential information" is a person who legally owns confidential information and has restricted access to this information.;
"protection of confidential information" is the adoption of legal, organizational and technical measures aimed at preventing unlawful disclosure, access, destruction, modification, copying and other unlawful actions in relation to such information.;
"disclosure of confidential information" means actions (inaction) as a result of which confidential information in any possible form (oral, written, or otherwise, including through the use of technical means) becomes known to third parties without the written consent of the owner of confidential information, with the exception of the case provided for in the second paragraph of paragraph 5 of Article 3 of this Agreement.;
"access to confidential information" is the ability to obtain confidential information and use it.
Other concepts used in this Agreement are applied in the meanings established by the Agreement.
The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 03/16/2022 No. 110-VII (for the procedure of entry into force, see art. 2).
Article 3
1. In order to protect confidential information used by the Commission in the exercise of its powers to monitor compliance with general competition rules, the violation of which has or may have a negative impact on competition in cross-border markets in the territory of two or more Member States, in accordance with section XVIII of the Treaty (hereinafter referred to as the competition rules) and the criteria for classifying the market as cross-border established by the Supreme Eurasian Economic Council, the Commission shall take measures to protect confidential information that are deemed reasonably sufficient if:
1) access to confidential information of third parties is excluded without the consent of its owner;
2) the possibility of using confidential information by the Commission is provided, excluding its disclosure.
2. Measures to protect confidential information should ensure:
1) prevention of the possibility of violating the procedure for access to confidential information and the procedure for handling it;
2) prevention of unauthorized access to confidential information and (or) its transfer to persons who do not have the right to access confidential information;
3) timely detection and suppression of unauthorized access to confidential information;
4) constant monitoring of the security level of confidential information;
5) preventing the impact on the technical means of processing confidential information, as a result of which their functioning is disrupted;
6) accounting of persons who have received access to confidential information and persons to whom confidential information has been provided or transferred.
3. Procedures for the protection of confidential information used by the Commission in the framework of exercising its powers to monitor compliance with competition rules are established in accordance with the procedure for working with documents of limited distribution (confidential and for official use), approved by the Council of the Commission (hereinafter referred to as the Procedure for Working with documents of limited distribution).
4. The procedure for working with documents of limited distribution should contain provisions regulating, inter alia:
1) work with incoming and outgoing documents containing confidential information;
2) accounting, storage and transfer of documents containing confidential information;
3) record keeping at meetings when discussing confidential information;
4) familiarization with the materials of cases on violation of competition rules containing confidential information (including by persons involved in the consideration of cases);
5) conducting an internal audit on the facts of violation of the obligation not to disclose confidential information and the procedure for working with documents of limited distribution;
6) accounting of persons who have received access to confidential information and persons to whom confidential information has been provided or transferred.
5. Confidential information received by the Commission within the framework of exercising its powers to monitor compliance with competition rules from legal entities and individuals of the member States, authorities of the member States whose competence includes the implementation of competition (antimonopoly) policy (hereinafter referred to as authorized bodies), and other public authorities of the member States may be used by the Commission. solely for the purposes for which such information was provided.
The transfer by the Commission of confidential information received from legal entities and individuals of the Member States and public authorities of the Member States to third parties is possible only with the written consent of its holder, except in the case of transfer of confidential information to authorized bodies in order to exercise their powers in accordance with the Agreement.
The transfer by the Commission of confidential information received from the authorized body of one Member State to the authorized body of another Member State is possible only with the written consent of the authorized body that provided the confidential information.
6. Information loses its confidential status if its owner has provided free access to such information to an indefinite circle of people.
The footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 03/16/2022 No. 110-VII (for the procedure of entry into force, see art. 2).
Article 4
1. When monitoring compliance with competition rules:
1) members of the Board of the Commission have access to confidential information in full;
2) officials and employees of the Commission have access to confidential information to the extent necessary for the performance of their official duties.
2. Officials and employees of the Commission who have access to confidential information in the framework of reviewing applications (materials) for violation of competition rules, investigating violations of competition rules, reviewing cases of violation of competition rules, as well as performing other procedural actions related to the implementation of control over compliance with competition rules, are determined by a member of the Board of the Commission in charge issues of competition and antimonopoly regulation.
3. The members of the Board of the Commission are hereby obligated not to disclose confidential information that has become known to them by virtue of their official duties.
Officials and employees of the Commission are required to sign and comply with the obligation not to disclose confidential information that has become known to them by virtue of their official duties, which is a mandatory annex to the employment contract.
The footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 03/16/2022 No. 110-VII (for the procedure of entry into force, see art. 2).
Article 5
The material media and documents containing confidential information sent to and from the Commission are marked "Confidential" or "Commercial Secret" or "For official use" ("DSP").
If a Member State sends material media marked "Commercial secret" (established by individuals and (or) legal entities of the Member States), "For official use" ("DSP") (established by the state authorities of the Member States) to the Commission, such media are recognized as having the "Confidential" label.
If a Member State receives material media marked "Confidential" from the Commission, such media shall be recognized as classified as "Commercial Secret" (for individuals and (or) legal entities of the Member States), "For official use" ("DSP") (for government agencies of the Member States).
Transfer to the Commission and dispatch from the Commission of material media, documents containing confidential information, is carried out by means of postal communication (registered or valuable mail), as well as by courier or express.
The footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 03/16/2022 No. 110-VII (for the procedure of entry into force, see art. 2).
Article 6
1. Violation of the Procedure for working with documents of limited distribution, which has not caused or resulted in the disclosure of confidential information, is the basis for bringing the guilty officials and employees of the Commission to disciplinary responsibility in accordance with the Contract.
2. Disclosure or use for purposes unrelated to the performance of official duties of information classified as confidential information that has become known in connection with the performance of official duties is the basis for:
early termination of the powers of a member of the Board of the Commission in accordance with the procedure established by the Agreement;
imposition of disciplinary action in the form of dismissal of an official or an employee of the Commission;
bringing the perpetrators to civil law, as well as to administrative or criminal liability.
3. Members of the Board of the Commission, officials and employees of the Commission, in respect of whom a decision has been taken to waive or lift immunity, may also be held administratively, civilly and (or) criminally liable in the following manner:
to civil liability - according to the place of residence of the person who made the disclosure of confidential information;
criminal liability – in accordance with the legislation of the Member State of which the person who committed the offense provided for by the criminal legislation of that Member State is a national.;
to administrative responsibility – in accordance with
in accordance with the legislation of the Member State of which the person who has committed the offence provided for by the legislation of that Member State is a national.
4. The Commission shall cooperate with the Member States in order to identify and suppress violations of the Procedure for Working with documents of Limited Distribution.
The Member States shall cooperate with the Commission in the interests of the administration of justice in the Member States in cases involving the disclosure of confidential information.
The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 03/16/2022 No. 110-VII (for the procedure of entry into force, see art. 2).
Article 7
1. The authorized body ensures the protection of confidential information received by it from the Commission and is responsible for its disclosure in accordance with the legislation of its member State.
The transfer of confidential information received from the Commission by authorized bodies to third parties is possible only with the written consent of the Commission.
2. Confidential information is exchanged between authorized bodies in accordance with the Agreement.
The footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 03/16/2022 No. 110-VII (for the procedure of entry into force, see art. 2).
Article 8
1. Amendments to this Agreement are made by mutual agreement of the Member States and are formalized in separate protocols.
2. Disputes between the Member States related to the interpretation and/or application of the provisions of this Agreement shall be resolved in accordance with the Treaty.
3. This Agreement is an international agreement concluded within the framework of the Eurasian Economic Union and is included in the law of the Eurasian Economic Union.
The footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 03/16/2022 No. 110-VII (for the procedure of entry into force, see art. 2).
Article 9
This Agreement shall enter into force from the date of receipt by the depositary of the last written notification on the completion by the Member States of the internal procedures necessary for its entry into force, or from the date of entry into force of the Operating Procedure.
with documents of limited distribution, depending on which of these dates comes later.
Done in Moscow on November 12, 2014, in one original copy in the Russian language.
The original copy of this Agreement shall be kept at the Eurasian Economic Commission, which, as the depositary of this Agreement, will send each member State a certified copy thereof.
The footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 03/16/2022 No. 110-VII (for the procedure of entry into force, see art. 2).
For the Republic
Belarus
For the Republic
Kazakhstan
For the Russian
The Federation
I hereby certify that this text is a complete and authentic copy of the Agreement on the Procedure for the Protection of Confidential Information and Responsibility for its Disclosure when Exercising the Powers of the Eurasian Economic Commission to Monitor Compliance with the Uniform Rules of Competition, signed on November 12, 2014 in Moscow.:
for the Republic of Belarus - Chairman of the Board of the Development Bank of the Republic of Belarus Open Joint Stock Company on the basis of the powers of the Deputy Prime Minister of the Republic of Belarus for the activities of the Republic of Belarus within the Union State, the Customs Union and the Single Economic Space, the Commonwealth of Independent States, the Eurasian Economic Community, as well as the formation of the Eurasian Economic Union S.N. Rumas;
for the Republic of Kazakhstan - First Deputy Prime Minister of the Republic of Kazakhstan B.A. Sagintayev;
for the Russian Federation - I.I. Shuvalov, First Deputy Chairman of the Government of the Russian Federation.
The original copy is kept at the Eurasian Economic Commission.
Director
Legal Department
Eurasian Economic Commission V.I. Taraskin
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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