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Agreement between the Ministry of Defence of the Republic of Latvia and the Ministry of Defence of the Kingdom of Denmark concerning Security Measures for the Protection of Classified Military Information

 

The Ministry of Defence of the Republic of Latvia and the Ministry of Defence of the Kingdom of Denmark (hereinafter the Parties), in furtherance of mutual co-operation to ensure the protection of classified military information, have agreed as follows:

Article 1

TERMS

1.For the purpose of the Agreement the term "national classified military information" means the information which is classified as such by the Originating Party. The information may be in oral, visual, documentary or electronic form, or in form of equipment or technology". For the purpose of this Agreement, classified military information is information that is generated by the Parties and their subordinate authorities or on their request, and which requires protection in the interests of national security of the Parties. The security classification and their equivalents in the two countries are:

Latvian term	English equivalent	Danish term
SEVIŠĶI SLEPENI	TOP SECRET	YDERST HEMMELIGT
SLEPENI	SECRET	HEMMELIGT
KONFIDENCIĀLI	CONFIDENTIAL	FORTROLIGT

 

On occasion either Party may ask the other to afford protection at a higher level but not at a lower level than the classification indicated.

2. Danish classified information TIL TJENESTEBRUG/RESTRICTED will be handled by the Ministry of Defence of the Republic of Latvia as Latvia's classified information KONFIDENCIĀLI/CONFIDENTIAL.

3. The term "document" means any letter, note, minutes, report, memorandum, signal, message, sketch, photograph, film, map, chart, plan, notebook, stencil, carbon, typewritten ribbon, etc., or any form of recorded information (e.g. tape-recording, magnetic recording etc.).

4. The term "material" includes any items of machinery or equipment or weapons either manufactured or in the process of manufacture.

Article 2

APPLICABILITY

1. The requirements and procedures in this Agreement are only designed to protect Latvian and Danish national classified military information.

2. National classified military information provided by one Party to the other shall be protected according to the terms set forth herein and in accordance with national laws of the Parties.

Article 3

IMPLEMENTING ARRANGEMENTS

Supplemental implementing arrangements under this Agreement may be concluded by the Parties or their designated implementing agencies.

Article 4

ACCESS

No individual shall be entitled to have access to the information solely by virtue of rank, appointment or security clearance. Access to the information shall be granted only to those individuals whose official duties require such access and who have been granted a security clearance in accordance with prescribed standards of the Parties. The Parties shall ensure that:

(1) The recipient Party will not release the information to a third-country government, person or other entity of a third country without the approval of the Originating Party.

(2) The recipient Party will afford the information a degree of protection equivalent to that afforded it by the Originating Party.

(3) The recipient Party will not use the information for any other purpose than the one for which it was provided.

(4) The recipient Party will respect private rights, such as patents, copyrights, or trade secrets, which are involved in the information.

(5) Each facility or establishment that handles classified military information shall maintain a registry of the clearances of individuals at the facility or establishment who are authorised to have access to such information.

Article 5

PERSONNEL SECURITY

1. The determination on the granting of a personnel security clearance to an individual shall be consistent with the interests of national security and shall be based upon all available information indicating whether the individual is of unquestioned loyalty, integrity, and trustworthiness, and excellent character, and of such habits and associates as to cast no doubt upon his or her discretion or good judgement in the handling of classified information.

2. An appropriate investigation, in sufficient detail to provide assurance that the above criteria have been met, shall be conducted by the Parties with respect to any individual to be granted access to classified information covered by this Agreement.

3. Before a representative of a Party releases classified information to representative of the other Party, the Recipient Party shall provide to the Originating Party an assurance that the representative possesses the necessary level of security clearance and requires access for official purposes and that the information will be protected by the Recipient Party. The assurance mentioned above shall be drawn up in accordance with the formula included in Annex A, which is an integral part of this Agreement.

Article 6

VISITS

Authorisations for visits by representatives of one Party to facilities and establishments of the other Party, where access to classified military information is required, shall be limited to those necessary for official purposes. Authorisations to visit the facilities and establishments shall be granted only by authorised officials designated by the Parties. The Parties or their designee shall be responsible for advising the facility or establishment of the proposed visit, and the scope and highest level of classified information that may be furnished to the visitor. Requests for visits by representatives of the Parties shall be submitted at least three weeks prior to the planned term of visit and should be directed to the competent Danish military authority through the Embassy of the Republic of Latvia in Copenhagen in the case of Republic of Latvia visitors, and to the Ministry of Defence of the Republic of Latvia through the Kingdom of Denmark Defence Attach? in Riga, in the case of Kingdom of Denmark visitors. The requests mentioned above shall be drawn up in accordance with the formula included in Annex B, which is an integral part of this Agreement.

Article 7

PHYSICAL SECURITY

1. A Party is responsible for all classified military information belonging to the other Party from the moment that the information is entrusted the Party. This applies regardless the information is in transit or stored.

2. The Parties shall be responsible for the security of all government and private facilities and establishments where the information of the other Party is available and shall assure that qualified individuals are appointed for each such facility or establishment who shall have responsibility and authority for the control and protection of the information.

3. The information shall be stored in a manner that assures access only by those individuals who have been authorised access pursuant to Article 4 of this Agreement.

Article 8

DISPATCH

Classified military information shall be dispatched between the Parties through diplomatic channels. The minimum requirements for the security of the information during dispatch shall be as follows:

1. Documents.

Documents shall be dispatched in double, sealed envelopes, the innermost envelope bearing only classifications of the documents and the organisational address of the intended recipient and the outer envelope bearing the organisational address of the recipient, the organisational address of the sender and the registry number, if applicable. No indication of the classification of the enclosed documents shall be made on the outer envelope. The sealed envelope shall then be dispatched according to the prescribed procedures of the Parties. Receipts shall be prepared for packages containing classified documents that are dispatched between the Parties, and a receipt for the enclosed documents shall be signed by the final recipient and returned to the sender.

2.Material.

(1) Classified material shall be transported in sealed, covered vehicles, or be securely packaged or shielded, and kept under continuous control to prevent access by unauthorised persons.

(2) Classified material, which must be stored temporarily awaiting shipment, shall be placed in secure, locked storage areas. The area shall be protected by intrusion-detection equipment or security cleared guards who shall maintain continuous surveillance of the storage. Only authorised personnel with the requisite security clearance shall have access to the storage area.

(3) Receipts shall be obtained on every occasion when classified equipment changes hands en route; and, a receipt shall be signed by the final recipient, and returned to the sender.

Article 9

ACCOUNTABILITY AND CONTROL

Accountability and control procedures shall be established to manage the dissemination of and access to classified military information.

Article 10

MARKING OF DOCUMENTS

Each Party shall stamp or affix the name of the originating Party on all classified military information received from the other Party. The information shall be marked with a national security classification of the recipient Party that will afford a degree of protection equivalent to that afforded it by the originating Party as determined under Article 2.

Article 11

DESTRUCTION

1. Documents prepared by or for the Ministry of Defence of the Republic of Latvia and marked SEVIŠĶI SLEPENI/TOP SECRET, as well as documents prepared by or for the Ministry of Defence of the Kingdom of Denmark and marked YDERST HEMMELIGT/ TOP SECRET must not be destroyed with the exceptions mentioned in para. 4 of this Article. When such documents become unnecessary for the purpose, for which they were released, they will be returned to the originating Party.

2. Classified documents other than those mentioned in para 1 of this Article shall be destroyed by burning, shredding or pulping so as to prevent reconstruction of the classified information contained therein.

3. Classified material shall be destroyed beyond recognition or modified so as to preclude reconstruction of the classified information in whole or in part.

4. In case of an endangerment to the state if classified information or equipment cannot be protected or handled in accordance with this agreement, it shall be destroyed. The Originating Party shall be informed of this destruction as soon as possible.

Article 12

REPRODUCTION

1. When a classified document is reproduced, all original security markings thereon shall also be reproduced or marked on each copy. Such reproduced documents shall be placed under the same controls as the original document. The number of copies shall be limited to that required for official purposes.

2. Classified military information prepared by or for the Ministry of Defence of the Republic of Latvia and marked SEVIŠĶI SLEPENI/TOP SECRET, as well as classified military information prepared by or for the Ministry of Defence of the Kingdom of Denmark and marked YDERST HEMMELIGT/TOP SECRET may not be reproduced.

Article 13

TRANSLATION

All translations of documents or portions of documents containing classified information shall be made by individuals with security clearances pursuant to Article 5. The number of copies shall be kept to a minimum and the distribution thereof shall be controlled. Such translations shall bear appropriate security classification markings and a suitable notation in the language into which it is translated; indicating that the document contains classified information of the originating Party. The translations of documents containing classified military information will have the same classification level as originals.

Article 14

ACTION IN THE EVENT OF LOSS OR COMPROMISE

OR POSSIBLE LOSS OR COMPROMISE

The originating Party shall be informed immediately of all losses or compromises, as well as possible losses or compromises, of its classified military information and the recipient Party shall initiate an investigation to determine the circumstances. The result of the investigation and information regarding measures taken to prevent recurrence shall be forwarded to the originating Party by the Party that conducts the investigation

Article 15

REVIEW OF SECURITY SYSTEMS

Security personnel of the Parties can advance implementation of the foregoing security requirements through reciprocal visits. Accordingly, security representatives of the Parties, after prior consultation, shall be permitted to visit the other Party, to discuss, and view firsthand, the implementing procedures of the other Party in the interest of achieving reasonable comparability of the security systems. Each Party shall assist the security representatives in determining whether classified military information provided by the other Party is being adequately protected.

Article 16

COSTS

Any and all costs incurred by one Party in the application of the obligations in this Agreement shall be borne by that Party.

Article 17

DISPUTES

Any dispute regarding the interpretation or application of this Agreement will be resolved by consultation between the Parties and will not be referred to any national or international tribunal or third party for settlement.

Article 18

FINAL PROVISIONS

1. This Agreement shall enter into force on the day of receipt of the last signature.

2. Amendments to the present Agreement shall be made by mutual consent of the Parties and shall enter into force as of the date of their signing.

3. This Agreement shall remain in force unless either Party in writing notifies the other, ninety days in advance, of its intention to terminate the Agreement.

4. Not withstanding the termination of this Agreement, all classified military information provided pursuant to this Agreement shall continue to be protected in accordance with the provisions set forth herein, until the Originating Party dispenses the Recipient Party from this obligation.

DONE in Copenhagen on 25/3, 2002, in two copies, each in the Latvian, Danish and English languages with Annexes A and B only in the English language. In case of dispute the English text takes precedence.

 

Minister of Defence of the Republic of Latvia Girts Valdis Kristovskis

Minister of Defence of the Kingdom of Denmark Svend Aage Jensby

 

Annex A

Annex B

Enclosure to Annex B