6 Jul 2022 15:28

Russian State Duma introduces concept of countersanctions information, restricts access to data on foreign trade operations

MOSCOW. July 6 (Interfax) - The State Duma has passed in the third reading a bill that introduces into Russian legislation the term "countersanctions information:" regulation of access to it is aimed at reducing the risks of new restrictions amid the confrontation with "unfriendly" states.

The amendment was proposed by deputies and approved by the State Duma Economic Policy Committee last week.

The adopted document restricts the dissemination of countersanctions information among an unlimited range of persons, including using the mass media and the Internet. Countersanctions information is any information (production, technical, economic, organizational, etc.) on transactions conducted or planned by Russian individuals or legal entities engaged in foreign trade operations whose dissemination can lead to the imposition of restrictions on parties to such transactions.

"Dissemination of countersanctions information is only permitted with written consent of its holder, a Russian individual or legal entity engaged in foreign trade operations who has conducted or plans to conduct transactions," the adopted document said.

In the event of a breach of the procedures governing dissemination of countersanctions information, foreign trade operators will have the right to seek damage compensation from the violators.

The requirement to obtain written consent to disseminate information does not apply to bodies of state authority, the head of the Bank of Russia or her deputies.

The restrictions will cease to be valid from the day of dissemination of the countersanctions information by a foreign trade operator or publication by him on his website of a report stating that the restriction on dissemination of countersanctions information ceases to be valid for some information without disclosure of its content. This restriction is lifted if information was voiced by representatives of bodies of state authority, the head of the Central Bank or her deputies.

"Dissemination of countersanctions information in breach of the requirements envisaged by this article leads to liability in accordance with Russian legislation envisaged for disclosure of information with restricted access," the document said.

Under the Code of Administrative Offences, disclosure of information access to which is restricted by a federal law is punishable by an administrative fine in an amount of 5,000 to 10,000 rubles for citizens, 40,000 to 50,000 rubles for officials or disqualification for up to three years, and from 100,000 to 200,000 rubles for legal entities.

Under the document, countersanctions information does not include information constituting a state or commercial secret, as well as other information classed as restricted access information in accordance with federal laws, information whose publication and use is mandatory in state, municipal and other information systems, or information whose dissemination is mandatory in accordance with federal laws.

The document will take effect on the day of its official publication.