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AGREEMENT BETWEEN THE
REPUBLIC OF LATVIA AND THE KINGDOM OF SPAIN
ON THE MUTUAL PROTECTION OF CLASSIFIED INFORMATION
The Republic of Latvia
and
the Kingdom of Spain
Hereafter referred to as "Parties",
Being aware of the important role of the co‑operation between the two countries for strengthening the international security and peace,
Intending to ensure the mutual protection of all Classified Information which has been classified in one Party and transferred to the other Party,
Have agreed as follows:
Article 1
Applicability
1. This Agreement sets out procedures for the protection of Classified Information exchanged between the Parties and falling under the responsibility of the respective National Security Authorities.
2. This Agreement may not be invoked by either Party in order to obtain Classified Information that the other Party has received from a Third Party.
Article 2
Definitions
For the purpose of this Agreement:
1. "Classified Information" means information, documents or materials classified by the competent authorities according to national laws and regulations, which require protection against unauthorised disclosure.
2. "Classified Material" means any item of machinery or equipment, or device classified due to the information that may be collected or originated by it and that may affect national security.
3. "Classified Document" means any recorded classified information regardless of physical form or characteristics, e.g. written or printed matter (inter alia, letter, drawing, plan), computer storage media (inter alia, hard disc, diskette, chip, magnetic tape, CD), photograph and video recording, optical or electronic reproduction of them.
4. "Receiving Party" means the Party to which the Classified Information is transmitted.
5. "Originating Party" means the Party initiating the Classified Information.
6. "National Security Authority" means the authority designated by a Party as being responsible for the implementation and supervision of this Agreement. Such authorities are listed in Article 4 of this Agreement.
7. "Contractor" means an individual or a legal entity possessing the legal capability to undertake contracts.
8. "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.
9. "Third Party" means any State or international organisation, that is not Party to this Agreement.
10. "Need to Know" means that access to Classified Information may only be granted to a person who has a verified need to know by virtue of his/her official and professional duties, within the framework of which the information was released to the Receiving Party.
Article 3
Security classifications
1. The security classifications and their equivalents of the Parties are:
|
Republic of Latvia |
Equivalent in English |
Kingdom of Spain |
|
SEVIŠĶI SLEPENI |
TOP SECRET |
SECRETO |
|
SLEPENI |
SECRET |
RESERVADO |
|
KONFIDENCIĀLI |
CONFIDENTIAL |
CONFIDENCIAL |
|
DIENESTA VAJADZĪBĀM |
RESTRICTED |
DIFUSION LIMITADA |
2. The Receiving Party shall neither downgrade nor declassify the received classified information without the prior written consent of the Originating Party. The Originating Party shall inform the Receiving Party of any changes in security classification of the exchanged information.
Article 4
National security authorities
1. The National Security Authorities of the Parties, responsible for the implementation and supervision of this Agreement, are the following:
For the Republic of Latvia:
Constitution Protection Bureau
Miera 85ª
Riga, LV 1013
Latvia
For the Kingdom of Spain:
Secretary of State, Director of the National Intelligence Centre
National Security Office
Avda. Padre Huidobro, s/n
28023 Madrid
Spain
2. In order to achieve and maintain comparable standards of security, the respective National Security Authorities shall, on request, provide each other with information about their security standards, procedures and practices for safeguarding Classified Information.
3. The National Security Authorities may agree on implementation procedures to this Agreement.
Article 5
Protection of classified information
The Receiving Party shall:
a) Not release Classified Information to a Third Party nor to its nationals or private or public entities, without prior written approval of the Originating Party.
b) Grant the received Classified Information the same level of protection as to their own Classified Information of an equivalent classification degree, in accordance with Article 3 of this Agreement.
c) Not use Classified Information for other purpose than it was provided for.
d) Respect the intellectual property rights and trade secrets that are involved in the Classified Information.
Article 6
Access to classified information
Access to Classified Information shall be limited to those persons who have a need-to-know, and who have been security cleared by the National Security Authority or other relevant authority of the Receiving Party, in accordance with its national laws and regulations, corresponding to the required security classification level of the information to be accessed.
Article 7
General provisions on visits
1. Access to Classified Information and to the places where Classified Contracts are carried out will be granted to a national of the other Party in case such person has previously obtained the authorisation from the National Security Authority of the host country.
Such authorisation will be only granted, through a Request for Visit, to the persons who have been appropriately security cleared to handle Classified Information.
2. Visits entailing access to Classified Information by a national of a Third Party shall only be authorised upon the written consent of the Originating Party.
3. The Request for Visit should be received by the host National Security Authority at least twenty (20) working days before the planned date of the visit.
In urgent cases, the Request for Visit could be transmitted at least five (5) working days before the planned date of the visit.
4. The Request for Visit will include at least the following data:
a) Name, date and place of birth, nationality and passport or ID card number of the visitor.
b) Official post of the visitor and name of the entity, factory and organisation he/she represents.
c) Security clearance of the visitor granted by his/her country.
d) Planned date of the visit. In case of recurring visits the total period covered by the visits should be stated.
e) Purpose of the visit.
f) Name and address of the factories, facilities and establishments to be visited.
g) Name and address of the persons to be visited.
5. The Request for Visit shall be supported by a certification of the level to which each visitor has been cleared by the National Security Authority or other relevant authority of the visiting Party.
6. The Request for Visit, including for recurring visits to a specified establishment, facility or organisation in connection with a specific project or a particular contract, may be made for a period not exceeding twelve (12) months. When it is expected that a particular visit shall not be completed within the approved period or that an extension of the period for recurring visits is required, the visiting Party shall submit a new Request for Visit through the procedure described in this Article.
7. The National Security Authority of the host Party shall inform the security officers of the establishment, facility or organisation to be visited of data of those persons in respect of whom approval has been given for a visit. Visit arrangements for persons who have been approved for a recurring visit may be made directly with the security officers of the establishment, facility or organisation concerned.
8. All visitors shall comply with the appropriate security regulations and relevant establishment instructions of the host Party.
9. Each Party shall guarantee the protection of personal data of the visitors according to the respective national laws and regulations.
Article 8
Transmission of classified information
1. Classified Information shall be transmitted between the Parties through diplomatic channels.
2. If the use of such channels would be impractical or unduly delays 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 determined by the relevant authorities.
4. Delivery of large items or quantities of Classified Information arranged on a case by case basis shall be approved by both National Security Authorities.
5. Other means of transmission of Classified Information may be used if approved by both National Security Authorities.
Article 9
Reproduction and translation of classified information
1. Classified Information marked as SEVIŠĶI SLEPENI/ TOP SECRET/ SECRETO shall be allowed for reproduction only upon the written permission of the National Security Authority of the Originating Party.
2. Classified Information marked as SEVIŠĶI SLEPENI/ TOP SECRET/ SECRETO is allowed for its automatic translation by the Receiving Party. The Originating Party will be informed of such translation. However, any reproduction of the translation will require prior written consent of the Originating Party as stated in paragraph 1 of this Article.
3. Translations and reproductions of Classified Information shall be made by individuals holding the appropriate Personnel Security Clearance. They shall be marked and placed under the same protection as the original information. The translation and number of copies shall be limited to that required for official purposes.
4. Translation shall bear an appropriate note in the language into which it is translated indicating that it contains Classified Information received from the Originating Party.
Article 10
Destruction
SEVIŠĶI SLEPENI/TOP SECRET/ SECRETO information and material shall not be destroyed. They shall be returned to the respective National Security Authority of the Originating Party. Remaining Classified Information shall be destroyed in accordance with national laws and regulations. For the destruction of SLEPENI/ SECRET/RESERVADO information, prior written approval of the Originating Party is required.
Article 11
Classified contracts
1. Each Party, before the signing of a Classified Contract, shall request the other Party to certify that the institution or establishment under a Classified Contract holds a Facility Security Clearance corresponding to the required security classification level of the Classified Information, and whether the persons involved in the Classified Contract hold the appropriate Personnel Security Clearance.
2. The National Security Authorities of the Parties shall inform each other of any changes in Personnel and Facility Security Clearances, particularly in the cases of withdrawal or downgrading.
3. Any subcontractor must fulfil the same security obligations as the Contractor.
4. Every Classified Contract signed under the provisions of this Agreement shall include a security annex containing and specifying the following:
a) Classification guide and list of Classified Information.
b) Procedure for the communication of any changes in the levels of Classified Information.
c) Communication channels and means for electromagnetic transmission.
d) Transportation procedure.
e) Relevant authorities for the co-ordination of the security envisaged in a Classified Contract and the dissemination of Classified Information.
5. Copy of the security section of any Classified Contract shall be forwarded to the National Security Authority of the Party where the work is to be performed, to allow adequate security monitoring.
6. Representatives of the National Security Authorities may periodically 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. In this case, the date will be agreed between the National Security Authorities, giving notice of this fact thirty (30) days in advance.
Article 12
Breach of security
1. In case of a breach of security that results in a certain or suspected compromise of Classified Information received from the Originating Party, the National Security Authority in whose State the compromise occurred shall inform the National Security Authority of the other Party as soon as possible and carry out the appropriate investigation. The other Party shall, if required, co-operate in the investigation.
2. In case the compromise occurs in a State different from the Parties the National Security Authority of the despatching Party shall take the actions as of paragraph 1 of this Article.
3. The other Party shall be informed of the results of the investigation and shall receive the final statement as to the reasons of the event and the extent of the damage.
Article 13
Dispute settlement
1. Any dispute related to the interpretation or application of this Agreement shall be settled by consultations between the Parties.
2. During the consultations both Parties will continue fulfilling their obligations under the present Agreement.
Article 14
Expanses
Each Party shall cover its own expenses incurred in connection with the implementation and supervision of this Agreement.
Article 15
Final provisions
1. This Agreement shall enter into force on the date of receipt of the last written notification by which the Parties inform each other through diplomatic channels that the requirements of the national legislation for its entry into force have been fulfilled.
2. This Agreement shall remain in force for a five (5) - year period and shall be extended automatically for new five (5) - year periods. Either Party may terminate this Agreement at any time, by giving the other Party six (6) months prior written notice. Notwithstanding the termination of this Agreement, all Classified Information provided pursuant to this Agreement shall continue to be protected in accordance with the provisions set forth herein, until the Originating Party will dispense the Receiving Party from this obligation.
3. Each Party shall promptly notify the other Party of any amendments to its laws and regulations that would affect the protection of Classified Information under this Agreement. In such case, the Parties shall consult to consider possible amendments to this Agreement. In the meantime, Classified Information shall continue to be protected as described herein, unless requested otherwise in writing by the Originating Party.
4. This Agreement may be amended on the basis of mutual written consent of the Parties. Such amendments shall enter into force in accordance with paragraph 1 of this Article.
Done in Madrid on June 12, 2007 in two original copies, each one in the Latvian, Spanish and English languages, all texts being equally authentic. In case of divergences of interpretation, the English text shall prevail.
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For the Republic |
For the Kingdom |
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