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AGREEMENT FOR THE MUTUAL PROTECTION OF CLASSIFIED INFORMATION BETWEEN THE REPUBLIC OF LATVIA AND THE PORTUGUESE REPUBLIC
The Republic of Latvia
and
the Portuguese Republic
Hereinafter referred to as the "Parties",
Recognising the need of both Parties to guarantee the protection of the Classified Information exchanged between them within the scope of the negotiations and cooperation agreements concluded, or to be concluded, as well as other contractual instruments from both, public or private entities of the Parties;
Desiring to create a set of rules on the mutual protection of Classified Information exchanged between the Parties,
Agree as follows:
Article 1
Object
The present Agreement establishes the security rules applicable to all contractual instruments, which envisage the transmission of Classified Information, signed or to be signed between the adequate national authorities of both Parties or by organizations or companies duly authorized to that purpose.
Article 2
Scope of application
The present Agreement sets out procedures for the protection of Classified Information exchanged between the Parties.
Article 3
Definitions
For the purposes of the present Agreement:
a) "Classified Information", means the information, documents and materials, regardless of their form, nature, and means of transmission, determined to require protection against unauthorised disclosure, which has been so designated by security classification, in accordance with the national Law in force of the Originating Party;
b) "National Security Authority" means the authority designated by a Party as being responsible for the implementation and supervision of the present Agreement;
c) "The Originating Party", means the Party, which gives or transmits Classified Information to the other Party;
d) "The Receiving Party" means the Party to which Classified Information is given or transmitted to by the originating Party;
e) "Third Party" means any international organisation or state that is not a Party to the present Agreement;
f) "Classified Contract" means an agreement between two or more Contractors creating and defining enforceable rights and obligations between them, which contains or involves Classified Information;
g) "Contractor" means an individual or a legal entity possessing the legal capacity to conclude Classified Contracts;
h) "Personnel Security Clearance" means the determination by the National Security Authority or other relevant state authority that an individual is eligible to have access to Classified Information, in accordance with the respective national Law in force;
i) "Facility Security Clearance" means the determination by the National Security Authority or other relevant state authority that, from a security point of view, a facility has the physical and organisational capability to use and deposit Classified Information, in accordance with the respective national Law in force;
j) "Need-to-know" means a principle that the access to Classified Information that may only be granted to a person who has a verified requirement for knowledge of, or possession of such information in order to perform official and professional duties, within the framework of which the information was released to the Receiving Party;
k) "Project Security Classification Guide" means the part of the project security instructions, which identifies the elements of the project that are classified, specifying the security classification levels.
Article 4
National Security Authorities
1. The responsible National Security Authorities for the application of the present Agreement are:
For the Republic of Latvia
Constitution Protection Bureau
Miera street 85a
Riga, LV 1013
Latvia
For the Portuguese Republic:
National Security Authority
Presidency of the Council of Ministers
Av. Ilha da Madeira, 1
1400-204 Lisbon
Portugal
2. The Parties shall inform each other, through diplomatic channels, of any modification concerning their National Security Authorities.
3. The National Security Authorities, without altering any obligations hereby agreed, may conclude arrangements for the technical implementation of the present Agreement.
Article 5
Security principles
1. The protection and use of the Classified Information exchanged between the Parties is ruled by the following principles:
a) The Receiving Party shall grant to the received Classified Information a level of protection equivalent to the markings expressly given to the Classified Information by the Originating Party;
b) Access to Classified Information and to locations and facilities where classified activities are performed or where classified information is stored, is limited to persons who have been granted a Personnel Security Clearance for access to information classified KONFIDENCIĀLI / CONFIDENCIAL or above, and who, due to their functions or employment, have a Need-to-Know.
2. In order to achieve and maintain comparable standards of security, the National Security Authorities shall, on request, provide each other with information about their security standards, procedures and practices for the protection of Classified Information.
Article 6
Security classifications and equivalences
The Parties agree that the following security classification levels are equivalent and correspond to the security classification levels specified in the national Law in force of the respective Party:
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Republic of Latvia |
Portuguese Republic |
English |
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SEVIŠĶI SLEPENI |
MUITO SECRETO |
TOP SECRET |
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SLEPENI |
SECRETO |
SECRET |
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KONFIDENCIĀLI |
CONFIDENCIAL |
CONFIDENTIAL |
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DIENESTA VAJADZĪBĀM |
RESERVADO |
RESTRICTED |
Article 7
Classification, reception, and alterations
1. The Receiving Party shall mark the received Classified Information with its own equivalent security classification, in accordance with the equivalences referred in Article 6 of the present Agreement.
2. The Parties shall mutually inform each other about all subsequent classification alterations to the Classified Information transmitted.
3. The Receiving Party and/or entities from its State shall neither downgrade nor declassify the received Classified Information without the prior written consent of the Originating Party.
Article 8
Translation, reproduction and destruction
1. Classified Information marked as SEVIŠĶI SLEPENI / MUITO SECRETO shall be translated and reproduced only upon the written permission of the National Security Authority of the Originating Party.
2. Translations and reproductions of Classified Information shall be made in accordance with the following procedures:
a) The individuals shall hold the appropriate Personnel Security Clearance;
b) The translations and the reproductions shall be marked and placed under the same protection as the original information;
c) The translations and the number of reproductions shall be limited to that required for official purposes;
d) The translations shall bear an appropriate note in the language into which it is translated indicating that it contains Classified Information received from the Originating Party.
3. Classified Information shall be destroyed or modified in such a manner so as to prevent reconstruction of the Classified Information in whole or in part.
4. Classified Information marked as SEVIŠĶI SLEPENI / MUITO SECRETO shall not be destroyed and it shall be returned to the National Security Authority of the Originating Party, unless there is a case of immediate danger, in which such information may be destroyed without the prior written permission of the National Security Authority of the Originating Party, who shall be promptly notified of that event.
5. Destruction of Classified Information marked as SLEPENI / SECRETO shall be notified to the Originating Party.
6. Classified Information marked up to KONFIDENCIĀLI / CONFIDENCIAL, including, shall be destroyed in accordance with the respective national Law in force.
Article 9
Transmission between the Parties
1. The Classified Information shall normally be transmitted between the Parties through diplomatic channels.
2. If the use of such channels would be impractical or unduly delay receipt of the Classified Information, transmissions may be undertaken by appropriately security cleared personnel empowered with a courier certificate issued by the Party, which transmits the Classified Information.
3. The Parties may transmit Classified Information by electronic means in accordance with security procedures mutually approved by National Security Authorities.
4. Both National Security Authorities shall approve delivering of large items or quantities of Classified Information, arranged on a case-by-case basis.
5. The Receiving Party shall confirm the reception, in writing, of the Classified Information and shall transmit it to the users.
Article 10
Use and compliance
1. The transmitted Classified Information shall be used only for the purpose that it was transmitted for, under the agreements or any other contractual instruments signed between the Parties.
2. Each Party shall inform its entities of the existence of the present Agreement, whenever Classified Information is involved.
3. Each Party shall ensure that all entities, which received Classified Information, duly comply with the obligations of the present Agreement.
4. The Receiving Party will not transmit the Classified Information to a Third Party, any individual or legal entity, which holds the nationality of a third State, without prior written authorization from the Originating Party.
Article 11
Security clearances
1. On request, the National Security Authorities of the Parties, taking into account their respective national Law in force, shall assist each other during the clearance procedures of their citizens living or facilities located in the territory of the other Party, preceding the issue of the Personnel Security Clearance and the Facility Security Clearance.
2. The Parties shall recognise the Personnel and Facility Security Clearance issued in accordance with the respective national Law in force of the other Party. The equivalence of the security clearances shall be in compliance with Article 6 of the present Agreement.
3. The National Security Authorities shall communicate to each other any information related to changes of the Personnel and Facility Security Clearances, particularly concerning cases of withdrawal or downgrading of their classification level.
Article 12
Requirements for Classified Contracts
1. One Party, wishing to place a Classified Contract with a Contractor of the other Party or wishing to authorise one its own Contractors to place a Classified Contract in the territory of the other Party within a classified project shall obtain, through its National Security Authority, prior written assurance from the National Security Authority of the other Party that the proposed Contractor holds a Facility Security Clearance of an appropriate level.
2. The Contractor commits itself to:
a) Ensure that its premises have adequate conditions for duly Classified Information;
b) Have a proper level of security clearance granted to those premises;
c) Have a proper level of Personnel Security Clearance granted to persons who perform functions that require access to Classified Information;
d) Ensure that all persons with access to Classified Information are informed of their responsibility towards the protection of Classified Information, according to the national Law in force;
e) Allow security inspections of their premises.
3. Any subcontractor must fulfil the same security obligations as the Contractor.
4. The National Security Authority holds the competence to assure the compliance of the Contractor with the commitments set in paragraph 2 of the present Article.
5. As soon as pre-contractual negotiations begin between an entity located in the territory of one of the Parties and another entity located in the other Party's territory, aiming at the signing of Classified Contractual instruments, the National Security Authority of the Party in whose territory the Classified Contract will be performed shall inform the other Party of the security classification given to the Classified Information related to those pre-contractual negotiations.
6. Every Classified Contract concluded between entities of the Parties, under the provisions of the present Agreement, shall include an appropriate security section identifying the following aspects:
a) Project Security Classification Guide and list of Classified Information;
b) Procedure for the communication of changes in the classification of information;
c) Communication channels and means for electromagnetic transmission;
d) Procedure for the transportation of Classified Information;
e) Relevant authorities responsible for the co-ordination of the safeguarding of Classified Information related to the Contract;
f) An obligation to notify any actual or suspected loss, leak or compromise of the Classified Information.
7. Copy of the security section of any Classified Contract shall be forwarded to the National Security Authority of the Party where the Classified Contract is to be performed, to allow adequate security supervision and control.
8. Representatives of the National Security Authorities may visit each other in order to analyse the efficiency of the measures adopted by a Contractor for the protection of Classified Information involved in a Classified Contract. Notice of the visit shall be provided, at least, thirty days in advance.
Article 13
Visits
1. Visits entailing access to Classified Information by nationals from one Party to the other Party are subject to prior written authorisation given by the National Security Authority of the host Party.
2. Visits entailing access to Classified Information shall be allowed by one Party to visitors from the other Party only if they have been:
a) Granted appropriate Personnel Security Clearance by the National Security Authority or other relevant state authority of the requesting Party; and
b) Authorised to receive or to have access to Classified Information on a Need-to- know basis, in accordance with the national Law in force.
3. The National Security Authority of the requesting Party shall notify the National Security Authority of the host Party of the planned visit through a request for visit, which has to be received at least thirty days before the visit or visits take place.
4. In urgent cases, the request for visit shall be transmitted at least seven days before.
5. The request for visit shall include:
a) Visitor's first and last name, place and date of birth, nationality, passport or ID card number;
b) Name of the establishment, company or organisation the visitor represents or to which the visitor belongs;
c) Name and address of the establishment, company or organisation to be visited;
d) Certification of the visitor's Personnel Security Clearance and its validity;
e) Objective and purpose of the visit or visits;
f) Expected date and duration of the requested visit or visits. In case of recurring visits the total period covered by the visits should be stated;
g) Name and phone number of the point of contact at the establishment or facility to be visited, previous contacts and any other information useful to determine the justification of the visit or visits;
h) The date, signature and stamping of the official seal of the appropriate security authority.
6. The National Security Authority of the Party that receives the request for visit examines and decides on the request and shall inform of its decision the National Security Authority of the requesting Party.
7. Visits entailing access to Classified Information by nationals from a third State shall only be authorized by a common agreement between the Parties.
8. Once the visit has been approved the National Security Authority of the host Party shall provide a copy of the request for visit to the security officers of the establishment, facility or organisation to be visited.
9. The validity of visit authorisation shall not exceed twelve months.
Article 14
Recurring visits
1. For any project, program or contract the Parties may agree to establish lists of authorized persons to make recurring visits. Those lists are valid for an initial period of twelve months.
2. Once those lists have been approved by the Parties, the terms of the specific visits shall be directly arranged with the appropriate authorities of the organizations to be visited by those persons, in accordance with the terms and conditions agreed upon.
Article 15
Breach and compromise of security
1. In case of breach or compromise of security that results in a certain or suspected compromise of Classified Information originated by or received from the other Party, the National Security Authority of the Party where the breach or compromise occurs shall inform the National Security Authority of the other Party, as soon as possible, and carry out the appropriate investigation.
2. If a breach or compromise of security occurs in a State other than the Parties, the National Security Authority of the despatching Party shall take the actions prescribed in paragraph 1 of the present Article.
3. The other Party shall, if required, co-operate in the investigation.
4. In any case, the other Party shall be informed of the results of the investigation, in writing, including the reasons for the breach or the compromise of security, the extent of the damage and the conclusions of the investigation.
Article 16
Expenses
Each Party shall bear its own expenses incurred in connection with the application and supervision of all aspects of the present Agreement.
Article 17
Settlement of Disputes
Any dispute concerning the interpretation or application of the measures prescribed in the present Agreement shall be settled through diplomatic channels.
Article 18
Amendments
1. The present Agreement may be amended on the basis of a mutual written consent of both Parties.
2. The amendments shall enter into force in accordance with the terms specified in Article 20 of the present Agreement.
Article 19
Duration and Termination
1. The present Agreement shall remain in force for an indefinite period of time.
2. Each Party may, at any time, terminate the present Agreement.
3. The termination shall be notified, in writing and through diplomatic channels, producing its effects six months after the date of reception of the respective notification.
4. Notwithstanding the termination, all Classified Information transferred pursuant to the present Agreement shall continue to be protected in accordance with the provisions set forth herein, until the Originating Party dispenses the Receiving Party from this obligation.
Article 20
Entry into force
The present Agreement shall enter into force on the thirtieth day following the receipt of the last written notification through diplomatic channels, stating that all the internal procedures of both Parties have been fulfilled.
In witness whereof, the undersigned, duly authorized thereto, have signed the present Agreement.
Done at Lisbon, on January 24, 2007, in two originals, each one in the Latvian, Portuguese and English languages, each text being equally authentic. In case of any divergence of interpretation the English text shall prevail.
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For the Republic of Latvia |
For the Portuguese Republic |
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