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Agreement
between the Government of the Federal Republic of Germany and the
Government of the Republic of Latvia on the Mutual Protection of
Classified Information
The Government of the Federal Republic of Germany and the Government of the Republic of Latvia, Hereinafter referred to as "the Contracting Parties",
Intending to ensure the protection of classified information that is exchanged between the competent authorities of the Republic of Latvia and the Federal Republic of Germany as well as with contractors or between contractors of the two Contracting Parties,
Desirous of laying down an arrangement on the mutual protection of classified information that shall apply to all agreements on cooperation to be concluded between the Contracting Parties and to contracts involving an exchange of classified information,
Have agreed as follows:
Article
1
Definitions
(1) For the purposes of this Agreement:
1. "classified information" is
(a) in the Republic of Latvia:
military, political, economic, scientific, technical or other information, which is included in a list of official secret objects, approved by the Cabinet of Ministers, and the loss or illegal disclosure of which may cause harm to the security, and economic or political interests of the State;
(b) in the Federal Republic of Germany:
facts, items or intelligence which, regardless of how they are presented, are to be kept secret in the public interest. They shall be classified by, or at the instance of, an official agency in accordance with their need for protection.
2. a "classified contract" is a contract between an authority or an enterprise from the country of one Contracting Party (contract owner) and an enterprise from the country of the other Contracting Party (contractor); under such contract, classified information from the country of the contract owner is to be released to the contractor or is to be generated by the contractor or is to be made accessible to members of the contractor's staff who are to perform tasks in facilities of the contract owner;
3. "National Security Authority (NSA)" or "Designated Security Authority (DSA)" means the authority designated by a Contracting Party as being responsible for the implementation and supervision of this Agreement;
4. "Facility Security Clearance (FSC)" means the positive determination by the NSA or DSA that, from a security point of view, a facility has the personnel and physical security measures in place to have access to and to handle classified information at the levels KONFIDENCIĀLI / VS-VERTRAULICH and above, in accordance with the relevant national laws and regulations;
5. "need to know" means a determination that an individual or a legal entity has an established requirement to access classified information in order to perform official tasks or services;
6. "Personnel Security Clearance (PSC)" means the positive determination, stemming from a vetting procedure, by the NSA or DSA that an individual is eligible to have access to and to handle classified information at the levels KONFIDENCIĀLI / VS-VERTRAULICH and above, in accordance with the relevant national laws and regulations;
7. "third Party" means any State including legal entities or individuals under its jurisdiction or international organisation not being party to this Agreement.
(2) The levels of security classification are as follows:
1. In the Republic of Latvia, classified information is:
(a) SEVIŠĶI SLEPENI;
(b) SLEPENI;
(c) KONFIDENCIĀLI.
2. In the Federal Republic of Germany, classified information is:
(a) STRENG GEHEIM;
(b) GEHEIM;
(c) VS-VERTRAULICH;
(d) VS-NUR FÜR DEN DIENSTGEBRAUCH.
Article
2
Comparability
(1) The Contracting Parties stipulate that the following security classifications shall be comparable:
|
Republic of Latvia |
Federal Republic of Germany |
Equivalent in English |
|
SEVIŠĶI SLEPENI |
STRENG GEHEIM |
TOP SECRET |
|
SLEPENI |
GEHEIM |
SECRET |
|
KONFIDENCIĀLI |
VS-VERTRAULICH |
CONFIDENTIAL |
|
DIENESTA VAJADZĪBĀM |
VS-NUR FÜR DEN DIENSTGEBRAUCH |
RESTRICTED |
(2) As DIENESTA VAJADZĪBĀM is not a security classification in the legal sense, it will be offered protection at the VS-NUR FÜR DEN DIENSTGEBRAUCH level in the Federal Republic of Germany. German classified information marked VS-NUR FÜR DEN DIENSTGEBRAUCH will be protected at the DIENESTA VAJADZĪBĀM level in the Republic of Latvia.
Article 3
Marking with
security classifications
(1) Transmitted classified information shall be marked with the comparable national security classification as provided under Article 2 by, or at the instance of, the competent authority of the recipient.
(2) Classified information which is generated in the receiving Contracting Party's country in connection with classified contracts as well as any copies made in the receiving country shall also be marked.
(3) Security classifications shall only be amended or revoked at the instance of the competent authority of the originating Contracting Party. The competent authority of the originating Contracting Party shall inform the competent authority of the receiving Contracting Party immediately of the amendment or revocation of any security classification. The competent authority of the receiving Contracting Party shall implement the respective amendments and changes.
Article 4
Measures at
the National Level
(1) Within the scope of their national laws and regulations, the Contracting Parties shall take all appropriate measures to guarantee the security protection of classified information generated, exchanged or held under the terms of this Agreement. They shall afford such classified information a degree of security protection at least equal to that required by the receiving Contracting Party for its own classified information of the comparable level of security classification.
(2) The translation, reproduction and destruction of classified information shall be carried out according to the provisions that are set in the national laws and regulations of the Contracting Parties for their own classified information of the comparable level of security classification.
(3) The classified information shall be used solely for the designated purpose. The receiving Contracting Party shall not disclose or use, or permit the disclosure or use of any classified information except for the purposes and within any limitations stated by or on behalf of the originating Contracting Party. The originator of the classified information must have given its written consent to any arrangement to the contrary.
(4) Access to classified information may be granted only to persons having a need-to-know on account of their duties and - except in the case of classified information at the DIENESTA VAJADZĪBĀM / VS-NUR FÜR DEN DIENSTGEBRAUCH level - having been authorized to have access to classified information of the comparable level of security classification. A PSC shall be granted only after completion of security screening under standards no less stringent than those applied for access to national classified information of the comparable level of security classification or by virtue of one's function subject to national laws and regulations.
(5) Access to classified information at the KONFIDENCIĀLI / VS-VERTRAULICH, or SLEPENI / GEHEIM levels by a national of the country of one Contracting Party shall be granted without the prior authorization of the originating Contracting Party.
(6) Access to classified information at the SEVIŠĶI SLEPENI / STRENG GEHEIM level by a national of the country of one Contracting Party shall only be granted with the prior authorization of the originating Contracting Party.
(7) PSCs for nationals of the country of one Contracting Party who reside and require access to classified information in their own country, shall be undertaken by their NSAs or DSAs or other competent national authorities.
(8) Vetting procedures for PSCs for nationals of the country of one Contracting Party who are legally resident in the country of the other Contracting Party, shall be undertaken by the competent authority of that Contracting Party, conducting overseas checks as appropriate. The PSC itself shall be issued by the NSAs or DSAs or other competent national authorities of the country, that person is a national of.
(9) Articles 5 and 6 of this Agreement shall not apply to classified information at the DIENESTA VAJADZĪBĀM / VS-NUR FÜR DEN DIENSTGEBRAUCH level.
(10) The Contracting Parties shall, each within its country, ensure that the necessary security inspections are carried out and that this Agreement is complied with.
Article 5
Award of
Classified Contracts
(1) Prior to the award of a classified contract, the contract owner shall, through its competent authority, obtain an FSC from the competent authority of the prospective contractor in order to obtain assurance as to whether the prospective contractor is subject to security oversight by the competent authority of this Contracting Party and whether the prospective contractor has taken the security precautions required for discharging the performance of the contract. Where a prospective contractor is not yet subject to security oversight, an application may be made to that end.
(2) An FSC shall also be obtained if an enterprise has been requested to submit a bid and if classified information will have to be released prior to the award of a contract under the bid procedure.
(3) If mutually agreed the Competent Authorities of the Contracting Parties may request and issue FSC for other reasons than laid down in paragraphs 1 and 2 of this article.
(4) In the cases referred to in paragraphs (1) to (3) above, the following procedure shall be applied:
1. Requests for the issuance of an FSC for prospective contractors from the country of the other Contracting Party shall contain information on the project as well as the nature, the scope and the level of security classification of the classified information expected to be released to the prospective contractor or to be generated by it.
2. In addition to the full name of the enterprise, its postal address, the name of its security official, his telephone and fax number and his e-mail address, the FSC must include information in particular on the extent to which, and the level of security classification up to which, security measures have been taken by the respective enterprise on the basis of national security regulations.
3. The competent authorities of the Contracting Parties shall inform each other of any changes in the facts on the basis of which FSCs have been issued.
4. The exchange of such information between the competent authorities of the Contracting Parties shall be effected either in the national language of the authority to be informed or in English.
5. FSC and requests addressed to the respective competent authorities of the Contracting Parties for the issuance of FSC shall be transmitted in writing.
Article 6
Performance
of Classified Contracts
(1) Classified contracts must contain a security requirement clause under which the contractor is under an obligation to make the arrangements required for the protection of classified information pursuant to the national laws and regulations of its country.
(2) In addition, the security requirement clause shall contain the following provisions:
1. the definition of the term "classified information" and of the comparable levels of security classification of the countries of the two Contracting Parties in accordance with the provisions of this Agreement;
2. the names of the competent authorities in each Contracting Party's country empowered to authorize the release and to coordinate the safeguarding of classified information related to the classified contract;
3. the channels to be used for the transfer of classified information between the competent authorities and contractors involved;
4. the procedures and mechanisms for communicating changes that may arise in respect of classified information either because of changes in its protective markings or because protection is no longer necessary;
5. the procedures for the approval of visits, or access, by personnel of the contractors;
6. the procedures for transmitting classified information to contractors where such information is to be used and held;
7. the requirement that the contractor shall grant access to classified information only to a person who has a need-to-know and has been charged with, or contributes to, the performance of the contract and - except in the case of classified information at the DIENESTA VAJADZĪBĀM / VS-NUR FÜR DEN DIENSTGEBRAUCH level - has been security-cleared to the appropriate level in advance;
8. the requirement that classified information shall only be disclosed to a third party, or that such disclosure shall only be permitted, if this has been approved by the originating Contracting Party;
9. the requirement that the contractor shall immediately notify its competent authority of any actual or suspected loss, leak or unauthorized disclosure of the classified information covered by the classified contract.
(3) The competent authority of the contract owner shall provide the contractor with a separate list (classification guide) of all documentary records requiring security classification, shall determine the required level of security classification and shall arrange for this list to be enclosed as an appendix to the classified contract. The competent authority of the contract owner shall also transmit, or arrange for the transmission of, the list to the competent authority of the contractor.
(4) The competent authority of the contract owner shall ensure that the contractor will be given access to classified information only after the pertinent FSC has been received from the competent authority of the contractor.
Article 7
Transmission
of Classified Information
(1) Classified information at the SEVIŠĶI SLEPENI / STRENG GEHEIM level shall be transmitted only by official courier.
(2) As a matter of principle, classified information at the KONFIDENCIĀLI / VS-VERTRAULICH and SLEPENI / GEHEIM levels shall be transmitted from one country to another by official courier. The NSAs or DSAs of the Contracting Parties may agree on alternative channels of transmission in accordance with national laws and regulations. Receipt of classified information shall be confirmed by, or at the instance of, the competent authority and the classified information shall be forwarded to the recipient in accordance with national security regulations.
(3) For a specifically designated project, the competent authorities may agree - generally or subject to restrictions - that classified information at the KONFIDENCIĀLI / VS-VERTRAULICH and SLEPENI / GEHEIM levels may be transmitted through channels other than official courier if reliance on the official courier service would cause undue difficulties for such transportation or for the execution of a contract. In such cases
1. the bearer must be authorized to have access to classified information of the comparable level of security classification;
2. a list of the items of classified information transmitted must be retained by the dispatching agency; a copy of this list shall be handed over to the recipient for forwarding to the competent authority;
3. items of classified information must be packed in accordance with the laws and regulations governing transportation within national boundaries;
4. items of classified information must be delivered against receipt;
5. the bearer must carry a courier certificate issued by the competent authority of the dispatching or the receiving agency.
(4) Where large volumes of classified information are to be transmitted, the means of transportation, the route, and the escort shall be determined on a case-by-case basis by the competent authorities on the basis of a detailed transport plan.
(5) The electronic transmission of classified information at the KONFIDENCIĀLI / VS-VERTRAULICH and SLEPENI / GEHEIM levels must take place in an encrypted form. Classified information of these levels of security classification may only be encrypted by encryption means approved by mutual agreement by the competent authorities of the Contracting Parties.
(6) Classified information at the DIENESTA VAJADZĪBĀM / VS-NUR FÜR DEN DIENSTGEBRAUCH level may be transmitted by post or other delivery services to recipients within the territory of the country of the other Contracting Party, taking into account national laws and regulations.
(7) Classified information at the DIENESTA VAJADZĪBĀM / VS-NUR FÜR DEN DIENSTGEBRAUCH level may be electronically transmitted or made available by means of commercial encryption devices approved by the competent authority of the originating Contracting Party. Classified information of this level of security classification may only be transmitted in an unencrypted form if this is not contrary to national laws and regulations of the Contracting Parties, no approved encryption means are available, transmission is effected within fixed networks only and the sender and the recipient have reached agreement on the proposed transmission in advance.
Article 8
Visits
(1) As a matter of principle, it is only with the prior permission of the competent authority of the Contracting Party whose country is to be visited that visitors from the country of the other Contracting Party will be granted access to classified information and to facilities in which classified information is being handled. Such permission shall be given only to persons having a need-to-know and - except in the case of classified information at the DIENESTA VAJADZĪBĀM / VS-NUR FÜR DEN DIENSTGEBRAUCH level - having been issued a PSC at the appropriate level.
(2) Requests for visits shall be submitted to the competent authority of the country to be visited on a timely basis and in accordance with the laws and regulations of that country. The competent authorities shall inform each other of the details regarding such requests and shall ensure that personal data are protected.
(3) Requests for visits shall be submitted in the language of the country to be visited or in English and shall contain the following information:
1. the visitor's first name and surname, date and place of birth, and his / her passport or identity card number;
2. the visitor's nationality;
3. the visitor's service designation, and the name of his / her parent authority, agency or employer;
4. the level of the visitor's PSC for access to classified information;
5. the purpose of the visit, and the proposed date of the visit;
6. the designation of the agencies, the contact persons and the facilities to be visited.
Article 9
Consultations
and Settlement of Disputes
(1) The competent authorities of the Contracting Parties shall take note of the provisions governing the protection of classified information that apply within the country of the other Contracting Party.
(2) To ensure close cooperation in the implementation of this Agreement, the competent authorities shall consult each other at the request of one of these authorities.
(3) Each Contracting Party shall, in addition, allow the NSA or DSA of the other Contracting Party or any other authority designated by mutual agreement to visit the territory of its country in order to discuss the procedures and facilities for the protection of classified information received from the other Contracting Party. Each Contracting Party shall assist that authority in ascertaining whether such classified information received from the other Contracting Party is adequately protected. The details of the visits shall be laid down by the competent authorities.
(4) Any dispute between the Contracting Parties arising from the interpretation or application of this Agreement shall be resolved solely by consultation or negotiation between the Contracting Parties and shall not be referred to any national or international tribunal or third party for settlement.
Article 10
Violation of
Provisions Governing the Mutual Protection of Classified
Information
(1) Whenever unauthorized disclosure of classified information cannot be ruled out or if such disclosure is suspected or ascertained, the NSA or DSA of the other Contracting Party shall immediately be informed.
(2) Violations of provisions governing the protection of classified information shall be investigated, and pertinent legal action shall be taken by the competent authorities and courts in the country of the Contracting Party having jurisdiction, according to the laws and regulations of that country. The other Contracting Party should, if so requested, support such investigations and shall be informed of the outcome.
Article 11
Costs
Each Contracting Party shall pay the expenses incurred by it in implementing the provisions of this Agreement.
Article 12
Competent
Authorities
The Contracting Parties shall inform each other through diplomatic channels of the authorities to be responsible for the implementation of this Agreement.
Article 13
Relationship
with Other Agreements, Memoranda of Understanding and
Arrangements
Any existing Agreements, Memoranda of Understanding and Arrangements between the Contracting Parties or the competent authorities on the protection of classified information shall be unaffected by this Agreement in so far as they do not conflict with its provisions.
Article 14
Final
Provisions
(1) This Agreement shall enter into force on the date of signature thereof.
(2) This Agreement is concluded for an indefinite period of time.
(3) This Agreement may be amended in writing by mutual agreement between the Contracting Parties. Either Contracting Party may at any time submit a written request for the amendment of this Agreement. If such a request is submitted by one of the Contracting Parties, the Contracting Parties shall initiate negotiations on the amendment of the Agreement.
(4) Either Contracting Party may, through diplomatic channels, terminate this Agreement by giving six months prior written notice. In the event of termination, classified information transmitted, or generated by the contractor, on the basis of this Agreement shall continue to be protected in accordance with the provisions of Article 4 above for as long as is justified by the existence of the security classification.
(5) Registration of this Agreement with the Secretariat of the United Nations, in accordance with Article 102 of the United Nations Charter, shall be initiated by the Contracting Party on whose national territory the Agreement is concluded immediately following its entry into force. The other Contracting Party shall be informed of registration, and of the UN registration number, as soon as this has been confirmed by the Secretariat of the United Nations.
(6) Upon the entry into force of this Agreement, the Agreement between the Government of the Republic of Latvia and the Government of the Federal Republic of Germany on the Mutual Protection of Classified Information of 16 March 1998 shall be terminated.
Done at Riga on 16 February 2018 in two originals, in the Latvian, German and English languages, all texts being authentic. In case of divergent interpretations of the Latvian and German texts, the English text shall prevail.
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For the Government of
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