G/VAL/N/1/RUS/4/Add.1  
 
14 June 2019  
(19-4093) Page: 1/7 
Committee on Customs Valuation  Original: English  
 
NOTIFICATION UNDER ARTICLE 22 OF THE AGREEMENT ON  
IMPLEMENTATION OF AR TICLE VII OF THE GEN ERAL  
AGREEMENT ON TARIFFS  AND TRADE 1994  
RUSSIAN FEDERATION  
Addendum  
The following submission, dated 22 May 2019, is being circulated at the request of the delegation of 
the Russian Federation.  
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FEDERAL LAW  
NO. 98 -FZ OF 29 JULY 2004  
ON COMMERCIAL SECRECY  
(with the Amendments and Additions of 2 February , and 
18 December 2006, 24 July 2007, 11 July 2011, 12 March 2014, 18 April 2018)  
Passed by the State Duma on 9 July 2004  
Endorsed by the Federation Council on 15 July 2004  
Article 1.  Goals and Scope of This Federal Law  
1. This Federal Law regulates the relations involved in the establishment, a mendment and 
termination of the regime of commercial secrecy with respect to the information that has a real or 
potential commercial value by virtue of its not being known to third persons.  
2. The provisions of this Federal Law shall apply to information constituting a commercial secret , 
regardless of a medium on which it is recorded.  
3. The provisions of this Federal Law shall not apply to data classified by the established procedure 
as a commercial secret that are sub ject to the provisions of the laws of the Russian Federation on 
state secrecy .  
Article 2.  Abrogated  from 1 October 2014.  
Article 3.  Basic Notions Used in This Federal Law  
For pur poses of this Federal law use shall be made of the following basic notions:  
1)  commercial secret  means a regime of information confidentiality enabling its possessor 
under the existing or the probable conditions to increase revenues, to avoid unjustified 
outlays, to retain the position on the market of commodities, works and services, or to derive 
another commercial benefit;  
2)  information constituting a commercial secret  means data of any character (production, 
technical, economic, organisational, etc.),  including those on the results of intellectual activity 
in the scientific and technical area, as well as information on the methods for the performance 
of professional activity of an actual or potential commercial value because it is unknown to G/VAL/N/1/RUS/4/Add.1  
 
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  third pers ons, as third persons have no free access to it on lawful grounds and with respect 
to which the possessor of such information has introduced the regime of commercial secrecy;  
3)  abrogated  from 1 January 2008;  
4)  holder of information constituting a commercial secret  means a person who is in 
possession of information constituting a commercial secret and who restricted access to such 
information and instituted in respect of such information a regime of commercial se crecy;  
5)  access to information constituting a commercial secret  means the familiarisation of 
certain persons with information constituting a commercial secret, with the consent thereto of 
its holder or, on other legal grounds, on the condition of preserv ation of the confidentiality of 
such information;  
6)  transfer of information constituting a commercial secret  means the passing of 
information constituting a commercial secret and recorded on a material medium by its holder 
over to a counteragent on a con tractual basis in the scope and under the terms specified under 
a contract including a provision obliging the counteragent to take relevant measures to provide 
for the confidentiality of same as is prescribed by the contract;  
7)  counteragent  means a party  to a civil law contract to which the holder of information 
constituting a commercial secret transferred that information;  
8)  supply of information constituting a commercial secret  means making the information 
constituting a commercial secret and recorded  on a material medium available by its holder 
to the state power bodies, other state authorities, and bodies of local self -government with 
the objective to enable them to perform their respective functions;  
9)  disclosure of information constituting a commercial secret  means an action or inaction 
as a result of which information constituting a commercial secret, in any eventual form (either 
oral, written or any other form, including with the use of technical means) becomes known to 
third persons without  consent thereto of the holder of such information or contrary to a labour 
or civil law contract.  
Article 4 . Right to Classify Information as Information Constituting a Commercial Secret and 
Methods of Obtaining That Information  
1. The right to classify in formation as information constituting a commercial secret  and to determine 
a list and make -up of that information shall belong to the holder of such information with due regard 
for the provisions of this Federal law.  
2. Abrogated  from 1 January 2008;  
3. Information constituting a commercial secret obtained from the holder of such information on a 
contractual basis or on any other legal grounds, shall be deemed as having been obtained by lega l 
methods.  
4. Information constituting a commercial secret the holder of which is another person, shall be 
deemed as having been obtained illegally when the obtainment of such information was effected by 
intentional overcoming of the measures towards provi sion of its confidentiality adopted by the holder 
of information constituting a commercial secret  and also when the recipient of such information 
either knew or had sufficient evidence to assume that such information constitutes a commercial 
secret  whose holder is other person and that the person transferring such information has no legal 
grounds to transfer that information.  
Article 5 . Data That May Not Constitute a Commercial Secret  
The regime of commercial secrecy  may not be instituted by persons conducting entrepreneurial 
activity in respect of the following data:  
1)  available in constituent documents of legal entities, documents confirming the making of 
entries on legal en tities and individual entrepreneurs in the relevant state registers;  
2)  available in documents giving the right to conduct entrepreneurial activity;  
3)  regarding the composition of property of state -run or municipal unitary enterprises, and 
government ag encies and on utilisation by them of funds of corresponding budgets;  
4)  regarding pollution of the environment, the condition of fire safety, sanitary -epidemiological 
and radiation situation, safety of food products and other factors adversely affecting the safe G/VAL/N/1/RUS/4/Add.1  
 
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  functioning of production facilities, security of each citizen an d security of the population as a 
whole;  
5)  on the numbers, make -up of employees, system of labour remuneration, terms and conditions 
of labour, including labour safety measures, on the indices of on -the-job injuries and 
occupational diseases, on availabi lity of vacancies;   
6)  on debts of employers in paying wages and salaries and social payments;  
7)  on violations of the legislation of the Russian Federation and facts of instituting proceedings 
for commission of such offences;  
8)  on the terms of contest s or auctions for privatisation of projects of state or municipal property;  
9)  on the amount and structure of incomes of non -profit organisations, on the amount and 
make -up of their property, on their incomes, on the numeric strength and remuneration of 
work of their employees, on the use of uncompensated labour of citizens in the activity of 
non-profit organisations;  
10) on a list of persons entitled to act without a power of attorney on behalf of a legal entity;  
11)  obligation to disclose data which, o r impermissibility of restricting access to data which is 
prescribed under other federal laws.  
Article 6 . Supply of Information Constituting a Commercial Secret  
1. The holder on information constituting a commercial secret  shall,  upon a motivated request of a 
state power body, other state authority, body of local self -government, furnish them on an 
uncompensated basis with information constituting a commercial secret. The motivated request shall 
be signed by a duly authorised offi cial, contain a statement of purpose and legal grounds for 
requested information constituting a commercial secret and also time limits for supply  of such 
information, unless otherwise is provided under federal laws.  
2. Upon refus al of the holder of information constituting a commercial secret to furnish it to a state 
power body, other state authority or body of local self -government, the agencies shall have the right 
to ask for that information via a court.  
3. The holder of inform ation constituting a commercial secret and also state power bodies, other 
state authorities and bodies of local self -government that acquired such information shall, under 
Part 1  of this Article, be obligated to furnish such info rmation at the request of courts of law, 
investigating agencies, agencies in charge of a pretrial inquest regarding cases handled by them, by 
the procedure and on the grounds as stipulated under the legislation of the Russian Federation.  
4. The documents t o be supplied to the bodies specified under Parts 1  and 3 of this Article and 
containing information constituting a commercial secret  shall bear a "Commercial secret" stamp, 
indicating its holder (in case of legal entities - full denomination and location, in case of individual 
entrepreneurs - surname, first name, patronymic of the citizen being an individual entrepreneur and 
place of r esidence).  
Article 6.1.  The Rights of the Holder of Information Constituting a Commercial Secret  
1. The rights of the holder of information constituting a commercial secret shall originate from the 
time of establishing by him/it in respect of this informat ion the regime of commercial secrecy in 
compliance with Article 10  of this Federal Law.  
2. The holder of information constituting a commercial secret shall enjoy the right:  
1)  to establish, change and cancel in writing the regi me of commercial secrets in compliance with 
this Federal Law and a civil law agreement;  
2)  to use the information constituting a commercial secret for meeting own needs in the 
procedure which is not at variance with the legislation of the Russian Federat ion;  
3)  to provide or prohibit access to information constituting a commercial secret and to define the 
procedure for and terms of access to this information;  
4)  to demand of the legal entities and natural person that have obtained access to the inform ation 
constituting a commercial secret, of the state power bodies, other state bodies and local 
authorities to which the information constituting a commercial secret has been provided the 
discharge of the duties involved in keeping it confidential;  G/VAL/N/1/RUS/4/Add.1  
 
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  5)  to demand of the person that has obtained access to the information constituting a commercial 
secret as a result of actions made by accident or by mistake to keep this information 
confidential;  
6)  to protect their right in the procedure established by law in case of the divulgence or illegal 
use by third persons of the information constituting a commercial secret, in particular to 
demand repair for the damage caused in connection with violation of their rights.  
Article 7.  Abrogated  from 1 January 2008 . 
Article 8.  Abrogated  from 1 January 2008 . 
Article 9.  Abrogated  from 1 January 2008 . 
Article 10.  Protection of the Confidentiality of Information  
1. Measures to protect the confidentiality of information adopted by its holder shall include as 
follows:  
1)  defining a list of information constituting a commercial secret ; 
2)  limitation of access to information constituting a commercial secret by establishing a 
procedure for handling that information and for control over compliance with that procedure;  
3)  keeping record of persons who acquired access  to information constituting a commercial secret  
and/or persons to whom that information was furnished or transferred;  
4)  regulation of relations in using information constituting a commercial secret by employees on 
the basis of labour contracts and by counteragents  on the basis of civil law contracts;  
5)  affixing upon material media (documents) containing information constituting a commercial 
secret of a "Commercial secret" stamp specifying the holder of that information (in ca se of 
legal entities - a full denomination and place of location, in case of individual entrepreneurs - 
surname, first name, patronymic of citizen being an individual entrepreneur and place of 
residence).  
2. Regime of commercial secrecy  shall be deemed as having been instituted following the adoption 
by the holder of information constituting a commercial secret of measures specified under Part 1  of 
this Article.  
3. An individual entrepreneur being the holder of information constituting a commercial secret  and 
having no employees with whom labour contracts were made shall take measures to protect the 
confidentiality of information specified under Part 1 of this Article, except for Items 1  and 2 and also 
provisions of Item 4  concerning regulation of labour relations.  
4. Along with the measures specified under Part 1  of this Article, the holder of information 
constituting a commercial secret shall have the right to use, if need be, means and methods of 
technical protection of the confidentiality of that information, other measures not c onflicting with 
the legislation of the Russian Federation.  
5. Measures to protect the confidentiality of information shall be recognised as reasonably sufficient, 
provided:  
1)  excluded is access to information constituting a commercial secret by any perso ns without the 
consent thereto of its holder;  
2)  provision is made for the use of information constituting a commercial secret by employees 
and transfer of same to counteragents without violating the regime of commercial secrecy.  
6. The regime of commerci al secrecy may not be used for purposes contradicting the requirements 
of protection of the fundamentals of the constitutional system, morality, health, rights and legitimate 
interests of other persons, guaranteeing defence  of the country and security of t he state.  G/VAL/N/1/RUS/4/Add.1  
 
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  Article 11.  Protection of the Confidentiality of Information Constituting a Commercial Secret Within 
the Framework of Labour Relations  
1. With the objective of protecting the confidentiality of information constituting a commercial secret 
the emp loyer shall be obligated:  
1)  to familiarise against receipt the employee whose access to this information held by the 
employer and by contractors thereof is essential for him to fulfil by this employee his labour 
obligations with a list of information co nstituting a commercial secret;  
2)  to familiarise against receipt the employee with the regime of commercial secrecy established 
by the employer and also with punitive measures for violation of same;  
3)  to create for the employee the necessary conditio ns enabling him to comply with the regime 
of commercial secrecy established by the employer.  
2. Access of an employee to the information constituting a commercial secret shall be effected with 
his consent thereto unless this is stipulated under his labour  obligations.  
3. With a view to protecting the confidentiality of information constituting a commercial secret, the 
employee shall be obligated:  
1)  to observe the regime of commercial secrecy established by the employer;  
2)  not to disclose information  constituting a commercial secret the holder of which is the 
employer and his counteragents and not to use that information for personal aims without 
their consent thereto for the whole time period while the regime of commercial secrecy is in 
effect, inclu ding after termination of the labour contract's validity term;  
3)  to compensate for the losses caused to the employer, if the employee is guilty of divulging 
the information constituting a commercial secret that has become known thereto in connection 
with the discharge of the labour duties thereof;  
4)  to pass over to the employer upon termination or dissolution of the labour contract the 
material information media which are at the disposal thereof and which contain the information 
constituting a commerc ial secret.  
4. The employer is entitled to demand the repair for the damage caused thereto by divulgence of 
the information constituting a commercial secret by the person who has obtained access to this 
information in connection with the discharge of labo ur duties but has terminated labour relations 
with the employer, if this information was divulged during the effective term of the regime of 
commercial secrecy.  
5. The losses caused by an employee or by a person that has terminated the relations thereof w ith 
the employer shall not be compensated if the information constituting a commercial secret was 
divulged as a result of the employer's failure to ensure the regime of commercial secrecy, the actions 
of third persons or acts of God.  
6. A labour contract made with the head of an organisation shall provide for his duty to guarantee 
protection of the confidentiality of the information constituting a commercial secret, the holder of 
which is the organisation and its counteragents, and for t he responsibility to ensure the protection 
of its confidentiality.  
7. The head of an organisation shall compensate the organisation for the losses caused by the guilty 
actions thereof in connection with the violation of the legislation of the Russian Fede ration on 
commercial secrecy. In so doing, the losses shall be estimated in compliance with the civil legislation.  
8. The employee shall have the right to appeal judicially against the illegal institution of the regime 
of commercial secrecy in respect of information to which he/she has acquired access in connection 
with performance by him/her of labour duties thereof.  
Article 12.  Abrogated  from 1 January 2008 . G/VAL/N/1/RUS/4/Add.1  
 
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  Article 13.  Protection of the Confidentiality of Information as It Is Passed Over  
1. The state power bodies, other state authorities, and bodies of local self -government shal l, in 
accordance with this Federal law and other federal laws, be obligated to create conditions providing 
for protection of the confidentiality of information passed over  to them by legal persons or individual 
entrepreneurs.  
2. The officials of the state power bodies, other state authorities, bodies of local self -government, 
civil or municipal servants of the said bodies shall have, in the absence of consent thereto of the 
holder of information constituting a commercial secret, n o right to disclose or transfer to other 
persons, state power bodies or other state authorities, bodies of local self -government information 
constituting a commercial secret that became known to them by virtue of performance of official 
obligations, except  for instances provided under this Federal law and also have no right to use that 
information for mercenary or other personal aims.  
3. In case of infringement of the confidentiality of information by officials of the state power bodies, 
other state authori ties, bodies of local self -government, by civil or municipal servants of said bodies, 
those persons shall bear responsibility in accordance with the legislation of the Russian Federation.  
Article 14 . Responsibility for Violation of This Federal Law  
1. Violation of this Federal law shall entail disciplinary , civil law, administrative  or criminal liability  
as is envisaged under the legislat ion of the Russian Federation.  
2. An employee who in connection with performance of his labour obligations acquired access to 
information constituting a commercial secret , the holder of which is the employer or his 
counteragents , shall, upon deliberate or careless disclosure of that information, in the absence in 
the actions of that employee of elements constituting an offence, bear disciplinary liability  in 
accord ance with the legislation of the Russian Federation.  
3. The state power bodies, other state authorities, or bodies of local self -government that acquired 
access to information constituting a commercial secret shall bear vis -a-vis the holder of information 
constituting a commercial secret , civil -law liability for disclosure or illegal use of that information by 
their officials, or civil or municipal servants of said bodies to whom it became known in connection 
with performance by t hem of their official (in -service) obligations.  
4. The person who used information constituting a commercial secret and who had no sufficient 
grounds to treat the use of that information as illegal, including acquired access to such information 
either acci dentally or by mistake, may not under this Federal law be brought to account.  
5. At the request of the holder of information constituting a commercial secret, person specified in 
Part 4  of this Article shall be obligated to take measures to protect the confidentiality of the 
information. Upon refusal of that person to take such measures, the holder of information 
constituting a commercial secret shall have the right to claim that his rig hts be duly protected 
judicially.  
Article 15 . Responsibility for Non -provision of Information Constituting a Commercial Secret to the 
State Power Bodies, Other State Authorities, Bodies of Local Self -government  
Failure of the holder of information constituting a commercial secret  to comply with the lawful 
requests of the state power bodies, other state authorities, bodies of local self -government regarding 
the supply to them of information constituting a commercial secret and also  hindering the officials 
of those bodies to receive such information shall entail liability as is envisaged under the legislation 
of the Russian Federation.  
  G/VAL/N/1/RUS/4/Add.1  
 
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  Article 16 . Transitory Provisions  
The stamps affixed prior to entering into force of this Federal  Law, on material media indicating the 
availability therein of information constituting a commercial secret  shall retain their validity, provided 
measures to protect the confidentiality of the said information have been brought i nto accord with 
the requirements of this Federal Law.  
President of the Russian Federation  V. Putin  
 
Moscow, the Kremlin  
29 July 2004  
No. 98 -FZ 
 
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