On July 20, 2016, Federal Law No.374-FZ “On introducing amendments to Federal Law ‘On combatting terrorism’ and certain legislative acts of the Russian Federation concerning additional measures on combatting terrorism and ensuring public safety” (hereinafter the “Law”) is to take effect. Adoption of the law was accompanied by widespread discussion in the mass media of the obligation for communications operators and organizers of information dissemination on the Internet to store user messages and other information. However, the Law also provides for changes that concern cargo transport companies.

Changes in telecommunications

Operators will be obliged to store in Russia for a period of three years (and organizers of information dissemination on the Internet – for one year) information on the fact of receipt, transfer, delivery and/or processing of:

• voice information;
• written text, text messages;
• images;
• sounds, video and other messages.

In addition, starting from July 1, 2018, these entities will be obligated to store the following information for up to six months in Russia:

• text messages;
• voice information;
• images;
• sounds;
• video and other user messages.

At the same time, the procedure, scope and specific timeframes for storing this information are to be established by the Russian Government.

In addition to these changes, the Law also contains provisions on submitting to authorized state bodies the information and decoding keys for electronic messages.

It should separately be noted that prior to the Law being adopted, communications operators were obliged to store information on communications clients and the services rendered to them for three years in accordance with the Rules for communications operators interacting with authorized state bodies engaged in investigative activity (approved by Decree No.538 of the Russian Government dated August 27, 2005). 

Changes in cargo transport activity

The Law also amends the obligation of cargo carriers contained in Clauses 1 and 4 Article 4 of Federal Law No.87-FZ “On cargo transport activity” dated 30.06.2003.

Pursuant to the amendments, a carrier, when entering into a cargo transport agreement, must:

• verify the information provided by the client and include it in the agreement;
• verify the documents provided by the client;
• check the information on the cargo’s properties, the conditions for its carriage and other information needed for the carrier’s activity.

The Law stipulates administrative liability for not complying with these obligations (Article 11.14.3 of the Code of Administrative Offences of the Russian Federation).

Dmitry Churin   Principal Associate   St. Petersburg   Тел.: +7 (812) 346 79 90

Vadim Kovalev   Associate   St. Petersburg   Тел.: +7 (812) 346 79 90

Additional notes

Should any questions arise in connection with the above or if you need any additional materials, please contact Dmitry Churin or Vadim Kovalev, St. Petersburg Office of Capital Legal Services.

This Information letter keeps the clients of Capital Legal Services and other interested parties abreast of information that may, to any extent, affect their activity or cater to their particular interests. The opinions and commentaries expressed in this information letter shall not be deemed as legal opinions and do not cancel the need to obtain legal advice or legal opinion on separate issues. 

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