Businesses can participate in filling the Register of critical infrastructure objects

19/ 06/ 2023

A Register of Critical Infrastructure has been established in Ukraine to coordinate the process of protecting these facilities. The next step is the establishment of the register. To speed up the implementation of the system of critical infrastructure protection, the State Service of Special Communication and Information Protection of Ukraine invites businesses to submit information to the sectoral authority. Based on this information, the authority will classify certain companies in the sectors critical infrastructure list. This classification will enable the implementation of more comprehensive measures to ensure their security. In times of war, the register will be functioned in a private format. The head and administrator of the registry is the authorized authority responsible for critical infrastructure protection. During the period of martial law and within 12 months after its termination, this authority is the State Special Service for Communications and Information Protection of Ukraine. For this reason, on June 15, members of the European Business Association met with its chairman, Yurii Shchyhol, to discuss the role of businesses in the critical infrastructure security system. Most countries have built their critical infrastructure protection systems over five to seven years during peacetime. However, Ukraine has to do it within much tighter timelines and under significantly more challenging conditions, as russian forces deliberately target critical infrastructure such as energy facilities, logistics, communication systems, etc. Therefore, the synergy among all participants in the process of developing a reliable critical infrastructure protection system is extremely crucial. Given these circumstances, one of the essential tasks of the State Service of Special Communication and Information Protection of Ukraine is to coordinate critical infrastructure operators, sectoral and functional authorities involved in this process. One of the objectives of the Services representatives is to establish transparent and appropriate requirements and rules so that businesses understand their role as critical infrastructure enterprises. This includes clarifying their responsibilities and how the state can support their protection efforts. The functions of the authority responsible for critical infrastructure protection in Ukraine were established by Law 2684- IX On Amendments to Certain Laws of Ukraine Concerning the Powers of the Authorized Authority in the Field of Critical Infrastructure Protection of Ukraine, which entered into force on December 5, 2022. According to Mr Shchyhols conviction, Ukrainian legislation in the field of critical infrastructure protection is one of the most advanced in the world, as it contains the best practices of EU countries, the United Kingdom and the United States. The business had the opportunity to clarify the details of the procedure for inclusion in the register. The process for applying for and approving the Critical Infrastructure Security Passport has been developed by the State Special Communications Service Administration and is expected to be approved by the Cabinet of Ministers shortly. If necessary, additional consultations will be provided to companies regarding the completion of the passport and the submission of other required documents. Currently, the State Special Communications Service is exploring the possibilities of creating a state fund that can cover immediate expenses for protecting infrastructure or dealing with the consequences of destruction. Work is also underway on a procedure to transfer protective equipment purchased by private companies to protect their facilities into the inventory of the Ukrainian Armed Forces. For critical infrastructure facilities, periodic checks are scheduled once every three years, involving sectoral and functional authorities to ensure compliance with security regulations. The first such checks will take place no earlier than 2026. Importantly, the responsibility for the security of an object lies with its operator, and the state can act as a partner in ensuring security but cannot interfere with business operations. Ukraines experience in establishing a state-of-the-art security and critical infrastructure protection system is now being closely observed worldwide, and Ukrainian businesses play a vital role in this process. The companies associated with the Association that participated in the meeting, as well as the team from the State Special Communications Service, are appreciated for engaging in dialogue with the business community and providing crucial clarifications.

01/

The head and administrator of the registry is the authorized authority responsible for critical infrastructure protection. During the period of martial law and within 12 months after its termination, this authority is the State Special Service for Communications and Information Protection of Ukraine. For this reason, on June 15, members of the European Business Association met with its chairman, Yurii Shchyhol, to discuss the role of businesses in the critical infrastructure security system.

Most countries have built their critical infrastructure protection systems over five to seven years during peacetime. However, Ukraine has to do it within much tighter timelines and under significantly more challenging conditions, as russian forces deliberately target critical infrastructure such as energy facilities, logistics, communication systems, etc. Therefore, the synergy among all participants in the process of developing a reliable critical infrastructure protection system is extremely crucial.

Given these circumstances, one of the essential tasks of the State Service of Special Communication and Information Protection of Ukraine is to coordinate critical infrastructure operators, sectoral and functional authorities involved in this process. One of the objectives of the Service’s representatives is to establish transparent and appropriate requirements and rules so that businesses understand their role as critical infrastructure enterprises. This includes clarifying their responsibilities and how the state can support their protection efforts.

The functions of the authority responsible for critical infrastructure protection in Ukraine were established by Law 2684- IX “On Amendments to Certain Laws of Ukraine Concerning the Powers of the Authorized Authority in the Field of Critical Infrastructure Protection of Ukraine,” which entered into force on December 5, 2022. According to Mr Shchyhol’s conviction, Ukrainian legislation in the field of critical infrastructure protection is one of the most advanced in the world, as it contains the best practices of EU countries, the United Kingdom and the United States.

The business had the opportunity to clarify the details of the procedure for inclusion in the register. The process for applying for and approving the Critical Infrastructure Security Passport has been developed by the State Special Communications Service Administration and is expected to be approved by the Cabinet of Ministers shortly. If necessary, additional consultations will be provided to companies regarding the completion of the passport and the submission of other required documents. Currently, the State Special Communications Service is exploring the possibilities of creating a state fund that can cover immediate expenses for protecting infrastructure or dealing with the consequences of destruction. Work is also underway on a procedure to transfer protective equipment purchased by private companies to protect their facilities into the inventory of the Ukrainian Armed Forces.

For critical infrastructure facilities, periodic checks are scheduled once every three years, involving sectoral and functional authorities to ensure compliance with security regulations. The first such checks will take place no earlier than 2026. Importantly, the responsibility for the security of an object lies with its operator, and the state can act as a partner in ensuring security but cannot interfere with business operations.

Ukraine’s experience in establishing a state-of-the-art security and critical infrastructure protection system is now being closely observed worldwide, and Ukrainian businesses play a vital role in this process. The companies associated with the Association that participated in the meeting, as well as the team from the State Special Communications Service, are appreciated for engaging in dialogue with the business community and providing crucial clarifications.