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AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA ON THE EXCHANGE AND MUTUAL PROTECTION OF CLASSIFIED INFORMATION
The Government of the Republic of Latvia and the Government of the Republic of Slovenia, hereinafter referred to as the "Parties", wishing to ensure the protection of Classified Information exchanged between them or between public and private entities under their jurisdiction, have, in mutual respect for national interests and security, agreed upon the following:
Article 1
DEFINITIONS
For the purposes of this Agreement these terms mean the following:
Classified Information: any information, document or material regardless of its form, transmitted or generated between the Parties under the national legislation of either Party, requiring protection against unauthorised disclosure, misappropriation or loss and designated as such and appropriately marked;
Classified Contract: a contract or a sub-contract including pre-contractual negotiations, which contains Classified Information and involves access to or generation of Classified Information;
"Need to know": a principle by which access to Classified Information may only be granted to an individual who within the framework of the official duties requires such access;
Originating Party: the Party, including any public or private entities under its jurisdiction, which releases Classified Information to the other Party;
Recipient Party: the Party, including any public or private entities under its jurisdiction, which receives Classified Information from the Originating Party;
Third Party: a state, including any public or private entities under its jurisdiction, or an international organisation that is not a party to this Agreement;
Personnel Security Clearance: a determination following an investigative procedure in accordance with the national legislation, on the basis of which an individual is authorised to have access to and to handle Classified Information up to the level defined in the clearance;
Facility Security Clearance: a determination following an investigative procedure certifying that a contractor which is a legal entity fulfils the conditions of handling Classified Information in accordance with the national legislation of one of the Parties.
Article 2
SECURITY CLASSIFICATIONS
1. Classified Information released under this Agreement shall be marked with security classification levels as appropriate under the national legislation of the Parties.
2. The equivalence of national security classification levels is as follows:
| Republic of Latvia | Republic of Slovenia | Equivalent in English | |
| SEVIŠĶI SLEPENI | STROGO TAJNO | TOP SECRET | |
| SLEPENI | TAJNO | SECRET | |
| KONFIDENCIĀLI | ZAUPNO | CONFIDENTIAL | |
| DIENESTA VAJADZĪBĀM | INTERNO | RESTRICTED | |
Article 3
COMPETENT SECURITY AUTHORITIES
1. The Competent Security Authorities of the Parties responsible for security and protection of Classified Information in accordance with their national legislation and for the implementation of this Agreement are the following:
in the Republic of Latvia:
Satversmes aizsardzības birojs (National Security Authority);
in the Republic of Slovenia:
Urad Vlade Republike Slovenije za varovanje tajnih podatkov (National Security Authority).
2. The Competent Security Authorities shall notify each other of any other competent authorities that are responsible for the implementation of this Agreement.
3. The Parties shall inform each other of any subsequent changes of the Competent Security Authorities.
Article 4
SECURITY PRINCIPLES
1. Access to Classified Information released under this Agreement shall be limited to:
a) individuals according to the "Need to know" principle, and
b) legal entities capable of handling Classified Information,
under the condition that these individuals and legal entities have been duly authorised in accordance with the national legislation of the respective Party.
2. Subject to fulfilment of procedural requirements laid down in the national legislation, the Parties shall mutually recognise their Personnel Security Clearances and Facility Security Clearances. The provision of paragraph 2 of Article 2 shall apply accordingly.
3. The Originating Party shall:
a) ensure that Classified Information is marked with an appropriate security classification marking in accordance with its national legislation,
b) inform the Recipient Party of any conditions for release or limitations on the use of Classified Information, and of any subsequent changes in classification levels.
4. The Recipient Party shall:
a) in accordance with its national legislation afford the equivalent level of protection to Classified Information as afforded by the Originating Party;
b) ensure that Classified Information is marked with an equivalent classification marking in accordance with paragraph 2 of Article 2;
c) ensure that classification level is not altered except if authorised in writing by the Originating Party.
5. The Recipient Party shall use Classified Information only for the purpose it has been released for and within limitations stated by the Originating Party.
6. The Recipient Party shall not release Classified Information to a Third Party without a written consent of the Originating Party.
Article 5
TRANSMISSION OF CLASSIFIED INFORMATION
1. Classified Information shall be transmitted between the Parties through diplomatic channels.
2. Other means of transmission may be agreed by the Competent Security Authorities, including delivery of large consignments of Classified Information or use of protected information and communication channels.
3. The Recipient Party shall confirm receipt of Classified Information in writing and notify the Competent Security Authority thereof.
Article 6
REPRODUCTION, TRANSLATION AND DESTRUCTION
1. All reproductions and translations shall bear appropriate security classification markings and shall be protected as the original Classified Information. Only individuals holding an appropriate Personnel Security Clearance shall make the translations. The translations and number of reproductions shall be limited to the amount required for an official purpose. Classified Information marked SEVIŠĶI SLEPENI/STROGO TAJNO/TOP SECRET shall be translated or reproduced only upon a written consent of the Originating Party.
2. All translations shall contain a suitable annotation in the language of the translation, indicating that they contain Classified Information of the Originating Party.
3. Classified Information marked SLEPENI/TAJNO/SECRET or below shall be destroyed in accordance with the national legislation.
4. Classified Information marked SEVIŠĶI SLEPENI/STROGO TAJNO/TOP SECRET shall not be destroyed and shall be returned to the Originating Party.
Article 7
VISITS
1. Visits necessitating access to Classified Information shall be subject to prior written consent issued by the host Competent Security Authority.
2. A request for visit shall be submitted to the relevant Competent Security Authority at least 20 days prior to the commencement of the visit, and shall include the following:
- name of the visitor, date and place of birth, nationality and ID card/passport number;
- position of the visitor with a specification of the employer which the visitor represents; or the title and details of the Classified Contract in which the visitor participates;
- validity and the level of Personnel Security Clearance of the visitor;
- name, address, phone/fax number, e-mail and point of contact of the facility to be visited;
- purpose of the visit, including the highest level of Classified Information to be involved;
- dates and duration of the visit. In case of a recurring visit, the total period covered by the visits shall be stated;
- date, signature and the official seal of the Competent Security Authority.
3. In urgent cases, a request for visit shall be submitted at least 5 working days prior to the commencement of the visit.
4. In a particular Classified Contract, the Competent Security Authorities may agree on a list of visitors entitled to recurring visits. The list shall be valid for an initial period not exceeding 12 months and may be extended for a further period not exceeding 12 months. The request for a recurring visit shall be submitted in accordance with paragraph 2 of this Article. Once a list has been approved, visits may be arranged directly between the facilities involved.
5. Any Classified Information acquired by a visitor shall be considered as Classified Information released under this Agreement.
Article 8
CLASSIFIED CONTRACTS
1. Should either of the Parties or public or private entities under their jurisdiction perform a Classified Contract in the territory of the state of the other Party, the Competent Security Authority of this other Party shall assume responsibility for the protection of Classified Information received under the Classified Contract.
2. Before either of the Competent Security Authorities releases Classified Information received from the other Competent Security Authority to the contractor, the Competent Security Authority of the Recipient Party shall ascertain itself that:
- the contractors are holders of the appropriate Facility Security Clearances;
- all individuals requiring access to Classified Information received have a "Need to know" and have been duly authorised in accordance with the national legislation of the respective Party.
3. A Classified Contract shall contain provisions on the security requirements and on the classification of each aspect or element of the Classified Contract. A copy of such a document shall be submitted to the Competent Security Authorities of the Parties.
4. Each Competent Security Authority may request that a security inspection of the contractor is carried out to ensure continuing compliance with security standards in accordance with the applicable national legislation.
5. The contractor shall be entitled, with a prior written consent of its Competent Security Authority, to engage sub-contractors in a Classified Contract. The prospective sub-contractor shall meet the same security requirements as the contractor.
6. The Competent Security Authorities shall inform each other of all contractors and sub-contractors engaged in a Classified Contract.
Article 9
SECURITY CO-OPERATION
1. In order to achieve and maintain comparable standards of security, the Competent Security Authorities shall, on request, provide each other with information about their national security standards, procedures and practices for the protection of Classified Information. To this aim, the Competent Security Authorities may conduct mutual visits.
2. The Competent Security Authorities shall inform each other of exceptional security risks which may endanger the released Classified Information.
3. On request, the Competent Security Authorities shall, within the limits set up by their national legislation, assist each other in carrying out security clearance procedures.
4. The Competent Security Authorities shall promptly inform each other of any changes in mutually recognized Personnel Security Clearances and Facility Security Clearances.
5. The co-operation under this Agreement shall be effected in the English language unless otherwise agreed.
Article 10
BREACH OF SECURITY
1. In the event of a security breach resulting in unauthorised disclosure, misappropriation or loss of Classified Information or suspicion of such a breach, the Competent Security Authority of the Recipient Party shall immediately inform the Competent Security Authority of the Originating Party thereof in writing.
2. The appropriate authorities of the Recipient Party assisted by the appropriate authorities of the Originating Party, if required, shall carry out an immediate investigation of the incident in accordance with their national legislations. The Recipient Party shall without delay inform the Originating Party of the circumstances of the incident, the damage inflicted, measures adopted for its mitigation and the outcome of the investigation.
Article 11
EXPENSES
Each Party shall bear its own expenses incurred in the course of the implementation of this Agreement.
Article 12
SETTLEMENT OF DISPUTES
Any dispute regarding the interpretation or application of this Agreement shall be resolved by consultation between the Parties and shall not be referred to any national or international tribunal or Third Party for settlement.
Article 13
Final
ProvisionS
2. This Agreement may be terminated by either of the Parties by written notice to the other Party through diplomatic channels. In such a case, this Agreement shall expire six months after the date of receipt of the notice on termination. Notwithstanding the termination, all Classified Information transferred pursuant to this Agreement shall continue to be protected according to the provisions set forth herein, until the Originating Party dispenses the Recipient Party from this obligation.
3. This Agreement may be amended at any time by a written consent of both Parties. Such amendments shall enter into force in accordance with paragraph 1 of this Article.
4. This Agreement does not prejudice the rights and obligations of the Parties arising from other international agreements.
5. Implementing arrangements may be concluded for the implementation of this Agreement.
Done in Riga on 10 February 2010 in two original copies, each in the Latvian, Slovenian and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.
In witness whereof the undersigned, being duly authorised thereto, have signed this Agreement.
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On behalf of the Government of the Republic of Latvia
Māris Riekstiņš |
On behalf of the Government of the Republic of Slovenia
Samuel Žbogar |
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