Security and Intelligence Service

of the Republic of Moldova

Citizens' Access to State Secret

Citizens' Access to State Secret

• ​  Access to state secret is allowed with observance of the principle of work with information referred to state secret (Catalogue of Functions).

• ​  The citizen is being granted (repeatedly granted) access to information referred to state secret on a voluntary basis under the terms stipulated by Law on State Secret No.245-XVI as of 27.11.2008 and the Regulations on Ensuring the Secret Regime within Public Authorities and Other Legal Entities approved by Government Decision No.1176 as of 22.12.2010.

• ​  The individual shall express written consent to be subject of personnel security clearance procedures made by competent authorities.

• ​  The individual signs the commitment of confidentiality (commitment not allowing the person to disclose the information referred to state secret).

• ​  The Specialized Division responsible for protecting the state secret briefs the citizen on the norms providing liability for violating the legislation on state secret.

• ​  In order to be granted to access state secret, the citizen shall complete the Basic Inquiry (Form No.2 of the Annex to Regulations on Ensuring the Secret regime within Public Authorities and Other Legal Entities approved by Government Decision No.1176 as of 22.12.2010) and submit two colour photos of size 4.5 x 6 cm.

• ​  In order to be granted to access information classified as "Top Secret" and "Secret", the applicant shall complete the Basic Inquiry and an Additional Inquiry (Form No.3 of the Annex to the Regulations Ensuring Secret Regime within Public Authorities and Other Legal Entities approved by Government Decision No.1176 as of 22.12.2010).

• ​  Information presented by citizen must be authentic. The Human Resources Division corroborates the indicated information and endorses the inquiries.

• ​  Any subsequent change of information indicated in the Basic (Additional) Inquiry shall be communicated without delay to the Human Resources Division or the person in charge of working with the personnel.

• ​  The Specialized Division responsible for protecting the state within the public authority or another legal entity verifies the presence or absence of circumstances stipulated in article 25 paragraph (1) letters a), d), e) and h) of the Law on State Secret No.245-XVI as of 27.11.2008. In this regard, necessary confirming acts may be additionally requested.

• ​  In order to initiate a vetting procedure on the existence or lack of circumstances stipulated in article 25 paragraph (1) letters b), c), f), g), i), j) and k) of the Law on State Secret No. 245-XVI as of 27.11.2008, the public authority or another legal entity shall forward a reasoned request to the Security and Intelligence Service (Form No.5 of the Annex to Regulations on Ensuring Secret Regime within Public Authorities and Other Legal Entities approved by Government Decision No.1176 as of 22.12.2010).

• ​  The request shall be submitted with the Basic Inquiry and, if appropriate, the Additional Inquiry and the List of relatives and close persons, drawn up according to the pattern in Form No.6 (Annex to Regulations on Ensuring Secret Regime within Public Authorities and Other Legal Entities approved by Government Decision No.1176 as of 22.12.2010) including: father, mother, brothers, sisters, children who have reached the age of 16, spouse, ex-spouse, concubine (paramour), brothers-in-law (sisters-in-law). The employee subject to vetting procedure shall be the first one indicated on the List of relatives and close persons.

• ​  Vetting procedure on granting access to state secret is aimed at identifying security risks related to secret information handling.

• ​  Vetting procedure shall be carried out by the Security and Intelligence Service within one month from the date of receiving the request from a public authority or another legal entity. The number of procedures shall be directly proportional to the level of securitization the applicant will have access to.

• ​  Based on the results of verification measures, the Security and Intelligence Service shall conclude on the possibility or impossibility of granting the right to access state secret for the applicant. (Form No.7 of the Annex to Regulations on Ensuring Secret Regime within Public Authorities and Other Legal Entities approved by Government Decision No.1176 as of 22.12.2010).

• ​  Within a five day period from the receipt of the conclusions of the Security and Intelligence Service, the head of public authority or other legal entity will adopt the decision (order) on granting access to state secret and will issue the appropriate access authorization form (Form No.8 of the Annex to Regulations on Ensuring Secret Regime within Public Authorities and Other Legal Entities approved by Government Decision No.1176 as of 22.12.2010) or will deny granting access right to state secret.

• ​  The decision shall contain information regarding: the form of access to state secret, the term for which it is granted, name, surname, the position of the citizen being granted to access state secret, the amount of compensation established in regard with the execution of activities implying right to access the state secret.

• ​  Prior adopting the decision on granting the right to access the state secret the Specialized Division responsible for protecting the state secret briefs the citizen, under signature, on legal provisions on state secret, restrictions of certain rights (in regard with the right to access the state secret) and norms regarding the liability for violating the legislation on state secret. These activities are accomplished only following the positive conclusion from the Security and Intelligence Service. In this regard, the applicant shall sign the commitment of confidentiality (Form No. 4 of the Annex to Regulations on Ensuring Secret Regime within Public Authorities and Other Legal Entities approved by Government Decision No.1176 as of 22.12.2010).

• ​  Head of the Specialized Division responsible for protecting the state secret shall ensure the strict evidence of citizens granted the right to access state secret and issued a security clearance in the Register of Evidence on access the state secret. (Form No.11 of the Annex to Regulations on Ensuring Secret Regime within Public Authorities and Other Legal Entities approved by Government Decision No.1176 as of 22.12.2010).

• ​  The Security and Intelligence Service shall be informed about issuing the security clearance (Form No.12 of the Annex to Regulations on Ensuring Secret Regime within Public Authorities and Other Legal Entities approved by Government Decision No.1176 as of 22.12.2010). The letter of information will have attached the personal record sheet of those individuals with right to access the state secret. (Form No. 13 of the Annex to the Regulations on Ensuring Secret Regime within Public Authorities and Other Legal Entities approved by Government Decision No.1176 as of 22.12.2010).

• ​  In exceptional cases, determined by crisis situations, calamities or unpredictable events, the head of public authority or another legal entity may temporary grant access to state secret to certain citizens who do not have a security clearance, on conditions that an appropriate system of records is ensured.

• ​  Citizens who temporary receive the right to access the information referred to state secret shall sign the commitment of confidentiality and information about them will be submitted to the Security and Intelligence Service as soon as possible for carrying out verification measures, according to the established procedure.

• ​  A repeated security clearance is issued in case of:

1) expiration of the term for which the right to access the state secret was granted;

2) granting of another form of access to state secret with respecting the necessity to handle information referred to state secret having a higher secrecy level.

• ​  The validity of the security clearance will be extended for a new term and will have the mention of its expiration date.

• ​  In accordance with the provisions of article 27 of Law on State Secret No. 245-XVI as of 27.11.2008, the right to access the state secret is suspended or ceased at decision of the official empowered with this function. The security clearance is destroyed under a Report.

• ​  The term for which the right to access the state secret was suspended does not extend the validity term of the security clearance.

• ​  Acts of suspension, cessation of validity term, destruction of the security clearance are mentioned in the Register of Evidence on Access to State Secret.

• ​  The Security and Intelligence Service, as established in the Form No.12 (Annex to the Regulations on Ensuring Secret Regime within Public Authorities and Other Legal Entities approved by Government Decision No.1176 as of 22.12.2010), shall be informed about extension of validity term, suspension or cessation of the security clearance.