G/VAL/N/1/RUS/3/Add.1  
 
3 December 2014  
(14-7024)  Page: 1/6  
Committee on Customs Valuation  Original: English  
 
 NOTIFICATION UNDER ARTICLE 22 OF THE AGREEMENT ON  
IMPLEMENTATION OF ARTICLE VII OF THE GENERAL  
AGREEMENT ON TARIFFS AND TRADE 1994 
RUSSIAN FEDERATION  
Addendum 
The following communication is being circulated at the request of the delegation of the 
Russian Federation.  This document reproduces the legislation notified in document 
G/VAL/N/1/RUS/3 of 13 October 2014.   
 
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FEDERAL LAW 
NO. 98-FZ OF JULY 29, 2004 
ON COMMERCIAL SECRECY 
(with the Amendments and Additions of 2 February, 
18 December 2006, 24 July 2007, 11 July 2011) 
Article 1. Goals and Scope of This Federal Law 
1.  The present Federal Law regulates relations,  involved in the establishment, amendment and 
termination of the regime of commercial secret with respect to information comprising manufacturing secrets (know-how). 
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 no t apply to data classified by the established 
procedure as a commercial secret that are subject to the provisions of the laws of the 
Russian Federation on state secrecy. 
Article 2. Laws of the Russian Federation on Commercial Secrecy The laws of the Russian Federation on commercial secrecy comprise the Civil Code of the Russian 
Federation, this federal law and other federal laws. 
Article 3. Basic Definitions Used in This Federal Law For purposes of this Federal law use shall be  made of the following basic definitions: 
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; G/VAL/N/1/RUS/3/Add.1 
 
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  2)  Information comprising a commercial secret (a production secret) means information of any 
character (production, technical, economic, or ganizational, etc.), including that 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 a potential 
commercial value because it is unknown to the third persons, because the third person 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 secrets; 
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 secrecy; 
5)  Access to information constituting a commercial secret means the familiarization 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 preservation 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 contractual 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)  Counter-agent 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 authoritie s, 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 information 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 legal 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 provision 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 inst ituted 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 entities and individual entr epreneurs in the relevant state registers; 
2) Available in documents giving the right to conduct entrepreneurial activity; G/VAL/N/1/RUS/3/Add.1 
 
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  3)  Regarding the composition of property of state-run or municipal unitary enterprises, and 
government agencies 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 
functioning of production facilities, security of each citizen and 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 availability of vacancies; 
6)  On debts of employers in paying wages and salaries and on other 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 contests 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 uncompens ated 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, or 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 comme rcial 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 official, co ntain 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 refusal 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 information 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 information 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 to 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 residence). 
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; G/VAL/N/1/RUS/3/Add.1 
 
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  3)  Keeping record of persons who acquired access to information constituting a commercial 
secret and/or persons to whom that in formation 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 case of legal entities - a full denomination and place of location, in case of individual entrepreneurs - 
surname, first name, patronymic of citizen be ing 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 conflicting 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 persons 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 commercial 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 the state. 
Article 11. Protection of the Confidentia lity of Information Within the Framework of 
Labour Relations 
1.  With the objective to protect the confidential ity of information the employer shall be obligated: 
1)  To familiarise against receipt the employee whose access to information constituting a 
commercial secret is essential for him to fulfil his labour obligations with a list of information 
constituting a commercial secret, the holder of which is the employer and his counteragents; 
2)  To familiarise against receipt the employee with the regime of commercial secrecy 
established by the employer and also with measures of liability for violation of same; 
3)  To create for the employee necessary conditio ns enabling him to comply with the regime of 
commercial secrecy established by the employer. 
2.  Access of the employee to information constituting a commercial secret shall be effected with 
his consent thereto unless that is stipulated under his labour obligations. 
3.  With a view to protect the confidentiality of information, 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; 
3)  Abrogated from 1 January 2008; 
4)  Abrogated from 1 January 2008; G/VAL/N/1/RUS/3/Add.1 
 
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  5)  To transfer to the employer upon terminatio n or dissolution of a labour contract, material 
media of information being used by the employee that contain information constituting a commercial secret or destroy such information or delete it from these material media under the employer's control.  
4.  Abrogated from 1 January 2008. 
5.  Abrogated from 1 January 2008. 6.  A labour contract with the head of organisation shall provide for his obligation to guarantee 
protection of the confidentiality of information the holder of which is the organisation and its 
counteragents and for responsibility to guar antee protection of its confidentiality. 
7. Abrogated from 1 January 2008. 8.  The employee shall have the right to appeal judicially illegal institution of the regime of 
commercial secrecy in respect of information to which he acquired access in connection with 
performance by him of his labour obligations. 
Article 12.  Abrogated from 1 January 2008 
Article 13. Protection of the Confidentia lity of Information as it is Passed Over 
1.  The state power bodies, other state authorities,  and bodies of local self-government shall, 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 st ate authorities, bodies of local self-government, 
civil or municipal servants of the said bodies sh all have, in the absence of consent thereto of the 
holder of information constituting a commercial secret, no 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 authorities, bodies of local se lf-government, by civil or municipal servants of 
said bodies, those persons shall bear responsibili ty 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 legislation 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 constitu ting an offence, bear disciplinary liability in 
accordance with the legislation of the Russian Federation.  
3.  The state power bodies, other state authorit ies, 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 munici pal servants of said bodies to whom it became 
known in connection with performance by them 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 G/VAL/N/1/RUS/3/Add.1 
 
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  information either accidentally 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 rights be duly protected judicially. 
Article 15. Responsibility for Non-provision of Information Constituting a Commercial 
Secret to the State Power Bodies, Other St ate 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. 
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 into 
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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