On December 27, 2024, the president of Uzbekistan, Shavkat Mirziyoyev, signed the Law on State Secrets (No. ZRU-1016).
The law establishes procedures for identifying and safeguarding state secrets; classifying and declassifying them using new levels of secrecy; and regulating those who hold them. It also prescribes the powers of the state bodies that oversee classified information.
The law is scheduled to enter into force on March 29, 2025. (Art. 45.)
Content of the Law
According to the law, state secrets are the property of the Republic of Uzbekistan and are safeguarded under its jurisdiction. (Art. 33.) The new secrecy regime applies to information of national importance when its disclosure could adversely affect Uzbekistan’s defense capabilities, national security, or economic and political interests. Data on Uzbekistan’s security are categorized as official secrets and thereby protected. (Art. 4.) Other information can also constitute official secrets.
The law divides state secrets into four key categories:
- military secrets
- intelligence, counterintelligence, operational, and state security secrets
- foreign policy and foreign-economic-activity secrets
- economic, educational, scientific, and technological secrets (Arts. 9-12.)
The law includes 20 types of military secrets, such as information related to operational plans; troop movements; combat readiness of the armed forces; and details about the strategic deployment, mobilization, and technical specifications of weapons and military equipment. (Art. 9.)
Nine categories of state security secrets relate to intelligence, counterintelligence, and operational activities. These include data about secure communication networks, cryptographic tools, and investigations concerning threats to the constitutional order. (Art. 11.)
The law defines 25 categories of information on economic and technological secrets that are essential for the country’s defense and security, including information related to military preparedness, scientific and technological development, resource management, and mobilization plans. (Art. 12.)
Information about sensitive negotiations on international treaties and economic cooperation is secret if its disclosure could harm national interests or lead to diplomatic complications. (Art. 10, paras. 1-3.)
Powers of State Bodies
Under the new legislation, the State Security Service is the main agency in charge of issuing and revoking permits for handling state secrets; overseeing organizations working with state secrets; ensuring compliance with confidentiality regulations; and conducting background checks for individuals seeking clearance to access state secrets. It is also responsible for detecting, disclosing, and investigating violations related to state secrets. (Art. 7.)
The law authorizes the Cabinet of Ministers to draft necessary regulations and conclude intergovernmental agreements for the mutual protection of classified information. That body is also charged with defining procedures for classifying, declassifying, and protecting state secrets, and for transferring them to foreign states, international organizations, or legal entities. (Art. 6.)
Principles of Classification and Rights to Access
The law recognizes three distinct levels of secrecy: “special importance,” which is the highest level, followed by “top secret,” and “secret.” Information deemed to be a secret of state significance is classified as “special importance” or “top secret.” Information categorized as an official secret can be classified as “top secret” or “secret.” (Art. 17.)
The law allows organizations and individuals to request access to state secrets. They can gain access only after the State Security Service assesses their need to handle the information and they obtain the requisite level of clearance. The head of the organization utilizing state secrets must also authorize direct access. (Arts. 7, 24.)
The government can temporarily restrict the rights of people working with state secrets by limiting their travel outside the country, their right to use inventions containing components of state secrets, and contracting. (Art. 30.) These restrictions may remain in effect for up to three years after their access to the state secrets is annulled. Those granted access must sign a confidentiality agreement and agree to limited rights. (Arts. 24, 25, 30.)
Every five years, organizations using state secrets must conduct a compliance review of information subject to classification. (Art. 16.)
Information of national significance can be declassified after 30 years. Official secrets remain classified for a 10-year period. (Art. 18.)
Iana Fremer, Law Library of Congress
March 20, 2025
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