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Spēkā · redakcija pārbaudīta 2026-05-18
Nobeiguma
noteikumi
(1) Šis Līgums stājas spēkā dienā, kurā tas parakstīts.
(2) Šis Līgums tiek noslēgts uz nenoteiktu laiku.
(3) Šis Līgums var tikt rakstveidā grozīts, Līgumslēdzējām
Pusēm par to vienojoties. Katra no Līgumslēdzējām Pusēm jebkurā
laikā var iesniegt rakstisku pieprasījumu šā Līguma grozīšanai.
Ja viena no Līgumslēdzējām Pusēm ir iesniegusi šādu pieprasījumu,
Līgumslēdzējām Pusēm jāuzsāk konsultācijas par Līguma
grozīšanu.
(4) Jebkura no Līgumslēdzējām Pusēm ir tiesīga izbeigt šo
Līgumu, par to sešus mēnešus iepriekš iesniedzot rakstisku
paziņojumu, izmantojot diplomātiskus kanālus. Izbeigšanas
gadījumā uz visu saskaņā ar šo Līgumu nodoto vai piegādātāja
radīto klasificētu informāciju tiek attiecināti 4. panta
noteikumi tik ilgi, kamēr to pieprasa klasifikācijas
pastāvēšana.
(5) Šā Līguma reģistrāciju Apvienoto Nāciju Organizācijas
Sekretariātā saskaņā ar Apvienoto Nāciju Organizācijas Statūtu
102. pantu tūlīt pēc tā stāšanās spēkā ierosina Līgumslēdzēja
Puse, kuras valsts teritorijā Līgums tiek noslēgts. Otra
Līgumslēdzēja Puse tiek informēta par reģistrāciju un Apvienoto
Nāciju Organizācijas reģistrācijas numuru, tiklīdz to ir
apstiprinājis Apvienoto Nāciju Organizācijas Sekretariāts.
(6) Šā Līguma spēkā stāšanās dienā spēku zaudē Latvijas
Republikas valdības un Vācijas Federatīvās Republikas valdības
līgums par klasificētās informācijas savstarpēju aizsardzību, kas
noslēgts 1998. gada 16. martā.
Līgums parakstīts Rīgā 2018. gada 16. februārī divos
oriģinālos eksemplāros vācu, latviešu un angļu valodā, un visiem
tekstiem ir vienāds juridisks spēks. Gadījumā, ja tiek atšķirīgi
interpretēti teksti latviešu un vācu valodā, noteicošais ir
teksts angļu valodā.
Vācijas Federatīvās
Republikas
valdības vārdā
Rolfs Ernsts Šute
Vēstnieks Latvijā
Latvijas Republikas
valdības vārdā
Dzintars Rasnačs
tieslietu ministrs
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.
For the Government of
the
Federal Republic of Germany
Rolf Ernst Schutte
Ambassador in Latvia
For the Government of
the
Republic of Latvia
Dzintars Rasnačs
Minister of Justice