Darbības ar dokumentu

AGREEMENT BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF LATVIA
AND
THE GOVERNMENT OF THE REPUBLIC OF ESTONIA
ON
THE EXCHANGE AND MUTUAL PROTECTION OF CLASSIFIED INFORMATION

The Government of the Republic of Latvia and the Government of the Republic of Estonia (hereinafter referred to as the Parties),

realizing that good co-operation may require exchange of classified information between the Parties,

desiring to establish a set of rules regulating the mutual protection of classified information transmitted or generated in the course of the cooperation between the Parties,

have agreed as follows,

Article 1
DEFINITIONS

For the purposes of this Agreement,

a) "Classified Information" means any information, regardless of its form, designated or marked as such in accordance with the national laws and regulations of either Party in order to ensure protection against unauthorized disclosure, misappropriation or loss;

b) "Security Classification Level" means a category, which, in accordance with the national laws and regulations, characterises the level of restriction of access to Classified Information and the minimum level of its protection by the Parties;

c) "National Security Authority" means the state authority responsible for the application and supervision of this Agreement;

d) "Competent Authority" means the National Security Authority or any other state authority, which, under national laws and regulations, is responsible for the implementation of this Agreement;

e) "Originating Party" means the Party that has created Classified Information;

f) "Receiving Party" means the Party to which Classified Information of the Originating Party is transmitted;

g) "Need-to-know" means the necessity to have access to specific Classified Information in connection with official duties and for the performance of a specific task;

h) "Third Party" means any state, organization, legal entity or individual, which is not a party to this Agreement;

i) "Personnel Security Clearance" means the determination by a Competent Authority that an individual is eligible to have access to and to handle Classified Information in accordance with the national laws and regulations;

j) "Facility Security Clearance" means the determination by a Competent Authority that a legal entity or an individual, possessing the legal capacity, has the physical and organizational capability to meet the conditions for safe treatment of Classified Information in accordance with the national laws and regulations;

k) "Contractor" means a legal entity or an individual possessing the legal capacity to conclude Classified Contracts in accordance with the national laws and regulations;

l) "Classified Contract" means a contract or subcontract the implementation of which requires access to or generation of Classified Information of either Party.

Article 2
COMPETENT AUTHORITIES

(1) The National Security Authorities of the Parties are the following:

In the Republic of Latvia:

Constitution Protection Bureau

In the Republic of Estonia:

National Security Authority Department

Ministry of Defence of the Republic of Estonia

(2) The Parties shall notify each other through diplomatic channels of any subsequent changes of their National Security Authorities.

(3) The National Security Authorities shall notify each other of any other Competent Authority that is responsible for the implementation of this Agreement.

Article 3
EQUIVALENCE OF SECURITY CLASSIFICATION LEVELS

(1) The Parties agree that the following Security Classification Levels are equivalent:

Republic of Latvia:	Republic of Estonia:	Corresponding English expression:
SEVIŠĶI SLEPENI	TÄIESTI SALAJANE	TOP SECRET
SLEPENI	SALAJANE	SECRET
KONFIDENCIĀLI	KONFIDENTSIAALNE	CONFIDENTIAL
DIENESTA VAJADZĪBĀM	PIIRATUD	RESTRICTED

(2) The Security Classification Level shall only be altered or revoked with the written consent of the Originating Party. The Originating Party shall inform the Receiving Party without delay about any alteration or revocation of the Security Classification Level of the transmitted Classified Information.

Article 4
Marking

(1) Classified Information to be transmitted shall be marked by the Originating Party according to the appropriate Security Classification Level.

(2) Classified Information generated, reproduced or translated under this Agreement shall also be marked.

Article 5
SECURITY PRINCIPLES

(1) The Parties shall take all appropriate measures to ensure the protection of the Classified Information, which is transmitted or generated under this Agreement.

(2) The Parties shall afford transmitted Classified Information at least the same level of protection as they afford their own Classified Information of the equivalent Security Classification Level.

(3) The Receiving Party shall use Classified Information only for the purpose it has been transmitted for.

(4) Receiving Party shall not make Classified Information accessible to a Third Party without the prior written consent of the Competent Authority of the Originating Party.

(5) Classified Information generated under this Agreement shall be protected the same way as transmitted Classified Information.

Article 6
ACCESS TO CLASSIFIED INFORMATION

(1) The Receiving Party shall make transmitted Classified Information accessible only to persons who are authorized in accordance with the national laws and regulations to have access to Classified Information of the equivalent Security Classification Level and who have a Need-to-know.

(2) Each Party shall recognize the Personnel Security Clearances issued by the other Party.

(3) The Competent Authorities shall assist each other upon request and in accordance with the national laws and regulations in carrying out vetting procedures.

(4) Within the scope of this Agreement, the National Security Authorities shall inform each other without delay about any alteration with regard to Personnel Security Clearances, in particular about their revocation or an alteration of the Security Classification Level.

(5) Upon request of the National Security Authority of the Originating Party, the National Security Authority of the Receiving Party shall issue a written confirmation that an individual has the right to access Classified Information.

Article 7
FACILITY SECURITY CLEARANCES

(1) Each Party shall recognize the Facility Security Clearances issued by the other Party.

(2) Upon request of the National Security Authority of the Originating Party, the National Security Authority of the Receiving Party shall issue a written confirmation that a valid Facility Security Clearance has been issued or the relevant proceedings have been initiated.

(3) Within the scope of this Agreement, the National Security Authorities shall inform each other without delay about any alteration with regard to Facility Security Clearances, in particular about their revocation or an alteration of the Security Classification Level.

Article 8
CLASSIFIED CONTRACTS

(1) Each Party, before concluding a Classified Contract with a Contractor of the other Party shall, through its National Security Authority request the National Security Authority of the other Party to certify that:

a) the Contractor holds the appropriate Facility Security Clearance of the appropriate Security Classification Level;

b) all persons involved in the Classified Contract whose duties require access to Classified Information received are authorised to have access to Classified Information of the appropriate Security Classification Level and have been appropriately trained on their responsibilities and duties related to the protection of Classified Information.

(2) The Contractor shall submit information about potential sub-contractors for approval to the National Security Authority, in whose territory the work is to be performed.

(3) A Classified Contract shall contain provisions on the security requirements and on the Security Classification Level of the information to be transmitted or generated. The Contractor's obligations to protect the Classified Information shall refer, at least, to the following:

a) strict adherence to the provisions of this Agreement related to the procedures for handling of Classified Information;

b) the procedures for communicating any alterations with regard to Classified Information;

c) use of Classified Information under the Classified Contract only for the purposes related to the subject of the contract;

d) release of Classified Information related to the Classified Contract to any Third Party only with the written consent of the Originating Party;

e) release of Classified Information exclusively to persons who are authorized in accordance with national laws and regulations to have access to Classified Information of the equivalent Security Classification Level and who have a Need-to-know;

f) transmission of Classified Information by the means in accordance with this Agreement;

g) the Contractor's obligation to notify its Competent Authority of any breach of security related to the Classified Contract.

Article 9
TRANSMISSION

(1) Classified Information shall be transmitted in accordance with the national laws and regulations. If necessary, the security and police services of the Parties may, in accordance with the national laws and regulations, exchange operative and intelligence information with each other without notifying National Security Authorities.

(2) Receipt of information classified as KONFIDENCIĀLI / KONFIDENTSIAALNE / CONFIDENTIAL and above shall be acknowledged in writing.

Article 10
REPRODUCTION AND TRANSLATIONS

(1) The reproduction and translations of Classified Information may be restricted or excluded by the Originating Party.

(2) Classified Information marked as SLEPENI / SALAJANE / SECRET and above shall be reproduced or translated only with the written consent of the Originating Party.

(3) Copies and translations of Classified Information shall be marked and protected as originals.

Article 11
DESTRUCTION

(1) Classified Information shall be destroyed in a verifiable way and in a manner that does not permit a full or partial reconstruction.

(2) Classified Information marked as SEVIŠĶI SLEPENI / TÄIESTI SALAJANE / TOP SECRET shall not be destroyed. It shall be returned to the Originating Party.

(3) In case of a crisis situation in which it is impossible to protect or return Classified Information it shall be destroyed immediately. The Receiving Party shall inform the National Security Authority of the Originating Party about this destruction as soon as possible.

Article 12
VISITS

(1) Visits that are related to Classified Contracts and involve access to Classified Information shall be allowed only with the permission of the National Security Authority of the host Party. The permission shall be granted only to persons authorized in accordance with the national laws and regulations of either Party to have access to Classified Information of relevant Security Classification Level.

(2) Requests for visits shall be submitted to the National Security Authority of the host Party at least ten working days prior to the visit, in urgent cases within a shorter period. The National Security Authorities shall inform each other about the details of the visit and ensure the protection of personal data.

(3) Requests for visits shall be made in English and shall state in particular the following:

a) purpose of the visit;

b) proposed date and duration of the visit;

c) first name and family name, date and place of birth, citizenship and passport or ID card number of the visitor;

d) position of the visitor and name of the institution represented;

e) validity and level of the Personnel Security Clearance of the visitor;

f) name, address, phone and fax number, e-mail address and point of contact of the institutions to be visited;

g) date of the request and the official seal of the National Security Authority.

Article 13
BREACH OF SECURITY

(1) In the event of a suspected or established unauthorized disclosure, misappropriation or loss of Classified Information, the Competent Authority of the Receiving Party shall immediately inform the National Security Authority of the Originating Party in writing.

(2) Violations of the provisions on the protection of Classified Information shall be investigated and prosecuted in accordance with national laws and regulations. The Parties shall assist each other upon request.

(3) The Parties shall inform each other about the result of the investigations and the measures taken.

Article 14
EXPENSES

Each Party shall bear its own expenses incurred in the course of the implementation of this Agreement.

Article 15
CONSULTATIONS

The National Security Authorities shall inform each other of their national laws and regulations on the protection of Classified Information and any significant amendments thereto.

Article 16
Settlement OF DISPUTES

Any dispute regarding the application or interpretation of this Agreement shall be resolved by consultations between the Parties.

Article 17
Final ProvisionS

(1) This Agreement is concluded for an indefinite period of time and shall enter into force on the date of receipt of the last written notification through diplomatic channels by which the Parties inform each other that the national legal requirements necessary for its entry into force have been fulfilled.

(2) This Agreement may be amended by written mutual consent of both Parties. The amendments shall enter into force in accordance with paragraph 1 of this Article.

(3) Each Party may terminate this Agreement through diplomatic channels at any time. In such a case, the Agreement shall expire six months after the receipt of the termination notice by the other Party. In the case of termination, Classified Information transmitted or generated within the application of this Agreement shall continue to be protected under the provisions of this Agreement.

4) On the date of entry into force of this Agreement the Agreement between the Government of the Republic of Estonia and the Government of the Republic of Latvia on Mutual Protection of Classified Information, done on 26 May 2000 ceases to be in force.

Done in Budapest on 6 June 2011 in two originals in the English language.

For the Government of the Republic of Latvia:	For the Government of the Republic of Estonia:
/Ģirts Valdis Kristovskis/	/Urmas Paet/