To date, the State Security Service (VDD) has received requests from nine institutions, as well as from one company that regularly provides services on the premises of a critical infrastructure facility, to issue permission in exceptional cases to grant citizens of Russia and Belarus access to information or technological equipment important for the functioning of critical infrastructure, the service reported to the LETA agency.
The exact number of such individuals is not disclosed by the VDD; however, it notes that to date, no citizen of Russia or Belarus has been granted such permission. At the same time, some applications are still under review.
The VDD emphasizes that a justified request from the owner or manager of the critical infrastructure facility is necessary for issuing permission, explaining why a specific citizen of Russia or Belarus cannot be replaced by another specialist and why it is essential for them to retain access to information or equipment that is significant for the functioning of the facility. Additionally, a thorough analysis of individual intelligence and security threat assessments related to each specific person is conducted during the evaluation process.
The service also stresses that compliance with the National Security Law, which prohibits citizens of Russia and Belarus from accessing information or technological equipment that is significant for the functioning of critical infrastructure, is the responsibility of the management of critical infrastructure facilities. In such cases, a separate conclusion or recommendation from the VDD is not required.
At the same time, the VDD, along with two other state security services—the Military Intelligence and Security Service and the Office for the Protection of the Constitution—are considering the possibility of applying exceptions for specific individuals at the request of the management of critical infrastructure facilities.
According to the National Security Law, in cases of extreme necessity, it is possible to employ a citizen of Russia or Belarus at a critical infrastructure facility with access to important information or equipment upon receiving a separate permit from the state security service.
An exception can only be applied in cases where it is otherwise impossible to ensure the full functioning of the facility. For example, if the individual possesses unique knowledge or skills in a specific area that cannot be replaced by another specialist. A shortage of specialists in a particular field or increased costs are not considered sufficient grounds for issuing such permission, the service emphasized.
The VDD also indicated that it is the owners and managers of critical infrastructure facilities who are best informed about which information or equipment falls under access restrictions for citizens of Russia and Belarus in accordance with the National Security Law.
The actions of the owners and managers of facilities to ensure compliance with the law remain at their discretion. The law does not prescribe specific steps but establishes a goal that can be achieved through various measures, such as: transferring an employee to another position, effectively restricting access to protected information or equipment, transferring to another job, or terminating employment if other, more proportionate measures are impossible or impractical.
