13. pants

NOBEIGUMA NOTEIKUMI

1. Līgums neietekmē starp abām Pusēm vai kompetentām iestādēm

pastāvošos līgumus un saprašanās memorandus, kas regulē

Klasificētas informācijas aizsardzību, ciktāl to noteikumi nav

pretrunā ar šo Līgumu.

2. Līgums tiek noslēgts uz nenoteiktu laiku un stājas spēkā

dienā, kad pa diplomātiskajiem kanāliem saņemts pēdējais

rakstiskais paziņojums par Pušu iekšējo procedūru izpildi.

3. Līgums var tikt grozīts, Pusēm savstarpēji vienojoties.

Šādi grozījumi stājas spēkā saskaņā ar šā panta 2. daļā noteikto

kārtību.

4. Katra Puse ir tiesīga, rakstiski informējot otru Pusi,

izbeigt Līguma darbību. Šādā gadījumā Līgums zaudē spēku sešus

mēnešus pēc dienas, kurā otra Puse saņem šādu paziņojumu.

5. Neatkarīgi no šī Līguma izbeigšanas visa Klasificētā

informācija, kas ir izstrādāta un / vai sniegta saskaņā ar šo

Līgumu, tiek aizsargāta saskaņā ar šo Līgumu tik ilgi, kamēr tā

ir klasificēta.

6. Jebkuri strīdi par Līguma interpretāciju vai īstenošanu

tiek risināti pārrunu un konsultāciju ceļā starp Pusēm.

7. Katra Puse sedz savus izdevumus, kas radušies, pildot savus

pienākumus saskaņā ar šo Līgumu.

To apliecinot, Pušu pilnvarotie pārstāvji ir parakstījuši šo

Līgumu.

Parakstīts Briselē 2020. gada 24. septembrī divos eksemplāros,

latviešu, melnkalniešu un angļu valodā, visi teksti ir

autentiski. Atšķirīgas līguma interpretācijas gadījumā

noteicošais ir teksts angļu valodā.

Latvijas

Republikas valdības vārdā

Edgars

Skuja

Melnkalnes

valdības vārdā

Dubravka

Laloviča

AGREEMENT

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA

AND THE GOVERNMENT OF MONTENEGRO

CONCERNING THE PROTECTION OF CLASSIFIED INFORMATION

The Government of the Republic of Latvia and the Government of

Montenegro hereinafter referred to as "the Parties", in

the interests of national security of both Parties, have agreed

as follows.

ARTICLE 1

PURPOSE

The purpose of this Agreement is to ensure the protection of

Classified Information generated or provided by the Parties or by

legal entities or individuals under their jurisdiction. The

Agreement sets out the security procedures and arrangements for

such protection.

ARTICLE 2

DEFINITIONS

For the purpose of this Agreement:

a) "Breach of security" means an act or an

omission contrary to national laws and regulations which results

in actual or possible unauthorised disclosure or loss of

Classified Information.

b) "Classification Level" means a category,

according to the national laws and regulations of the Parties,

which indicates the sensitivity of Classified Information, the

degree of damage that might arise in the event of its

unauthorised disclosure or loss, and the level of protection to

be applied to it by the Parties.

c) "Classified Contract" means a contract

between a government institution or a legal entity from one Party

- "Contracting Authority", and a legal entity

from other Party - "Contractor", where

Classified Information is provided to the Contractor or generated

by the Contractor or provided to members of the Contractor's

staff requiring access to Classified Information in facilities of

the Contracting Authority.

d) "Classified Information" means any

information, regardless of its nature, or material that requires

protection against unauthorised disclosure or loss, and to which

a classification has been applied under national laws and

regulations of the Providing Party. A reference to Classified

Information in this Agreement shall also include Latvian

information at the level DIENESTA VAJADZĪBĀM, unless otherwise

specified.

e) "Facility Security Clearance" means the

determination by the National Security Authority that a legal

entity under its jurisdiction fulfils the conditions to access

and handle Classified Information in accordance with national

laws and regulations.

f) "National Security Authority" means the

government institution in a Party responsible for the

implementation and supervision of this Agreement.

g) "Need to know" means the requirement for

an individual or a legal entity to access Classified Information

to perform official tasks or services.

h) "Personnel Security Clearance" means the

determination by the National Security Authority or other

competent authority that an individual has been security cleared

to access and handle Classified Information, in accordance with

the national laws and regulations of the respective Party.

i) "Originator" means the government

institution in a Party, which, in accordance with its national

laws and regulations, is responsible for any decisions affecting

Classified Information generated and / or provided under this

Agreement. Contractors under the jurisdiction of a Party may

generate and / or provide Classified Information, but they are

not considered the Originator for the purposes of this

Agreement.

j) "Providing Party" means the Party or a

Contractor under its jurisdiction, which under this Agreement

generates and / or provides Classified Information to the

Receiving Party.

k) "Receiving Party" means the Party or a

Contractor under its jurisdiction, which receives Classified

Information from the Providing Party under this Agreement.

l) "Third Party" means any international

organisation or state, including legal entities or individuals

under its jurisdiction, which is not a Party to this

Agreement.

ARTICLE 3

NATIONAL SECURITY AUTHORITIES

1. The National Security Authorities designated by the Parties

are:

For the Republic of Latvia:

Satversmes aizsardzības birojs

For Montenegro:

Direkcija za zaštitu tajnih podataka

2. The National Security Authorities shall provide each other

with official contact details.

3. The Parties shall notify each other in writing of any

significant changes (including but not limited to changes in

contact details and titles of the institutions) to their

respective National Security Authorities.

ARTICLE 4

CLASSIFICATION LEVELS

The Classification Levels shall correspond to one another as

follows and shall be considered as equivalent:

Republic

of Latvia

Montenegro

Equivalent

in English

SEVIŠĶI SLEPENI

STROGO TAJNO

TOP SECRET

SLEPENI

TAJNO

SECRET

KONFIDENCIĀLI

POVJERLJIVO

CONFIDENTIAL

DIENESTA VAJADZĪBĀM

INTERNO

RESTRICTED

ARTICLE 5

ACCESS TO CLASSIFIED INFORMATION

1. Each Party shall issue Personnel Security Clearances for

its own nationals and Facility Security Clearances for legal

entities under its jurisdiction.

2. A Personnel Security Clearance and / or Facility Security

Clearance is not required for access to Classified Information at

the level DIENESTA VAJADZĪBĀM / INTERNO / RESTRICTED. Access

shall be limited to individuals who have a Need-to-know, are

authorised to access this information and are briefed on their

responsibilities.

3. Access to Classified Information at the level KONFIDENCIĀLI

/ POVJERLJIVO / CONFIDENTIAL or above is limited to individuals

who hold a Personnel Security Clearance in accordance with

national laws and regulations, have a Need-to-know and are

briefed on their responsibilities.

4. Each Party shall use Classified Information solely for the

purpose it has been provided for.

ARTICLE 6

SECURITY MEASURES

1. The Parties shall protect Classified Information generated

and / or provided under this Agreement according to their

national laws and regulations, affording at least the same level

of protection to Classified Information as afforded to its

national Classified Information of an equivalent Classification

Level.

2. The Providing Party shall:

a) ensure that Classified Information is afforded appropriate

Classification Level in accordance with its national laws and

regulations;

b) inform the Receiving Party of any conditions of release or

limitations on the use of the Classified Information

provided;

c) inform the Receiving Party of any subsequent change in the

Classification Level of the Classified Information provided.

3. The Receiving Party shall:

a) register Classified Information provided under this

Agreement;

b) be able to, at all times, establish the location of

Classified Information at the level KONFIDENCIĀLI / POVJERLJIVO /

CONFIDENTIAL or above;

c) ensure that the Classification Levels assigned to

Classified Information are not altered or revoked without the

prior written consent of the Providing Party;

d) ensure that Classified Information is not disclosed or

provided to a Third Party without the prior written consent of

the Providing Party.

ARTICLE 7

COOPERATION

1. In order to maintain comparable standards of security, the

National Security Authorities shall, on request, inform each

other about their security regulations, policies and practices

for protecting Classified Information.

2. On request of the National Security Authority of one Party,

the National Security Authority of the other Party shall issue a

written confirmation that a valid Personnel Security Clearance or

Facility Security Clearance has been issued.

3. If a national of one Party has not been granted a Personnel

Security Clearance, the National Security Authority of the other

Party can send a request to issue a Personnel Security Clearance

to the National Security Authority of the Party he or she is a

national of.

4. The National Security Authorities shall assist each other

on request in carrying out the vetting for Facility Security

Clearance and Personnel Security Clearance in accordance with

national laws and regulations.

5. The National Security Authorities shall immediately notify

each other in writing about changes in Personnel Security

Clearances and Facility Security Clearances for which a

confirmation has been provided.

6. The cooperation under this Agreement shall be effected in

English.

ARTICLE 8

CLASSIFIED CONTRACTS

1. If a Contracting Authority under the jurisdiction of a

Party proposes to conclude a Classified Contract with a

Contractor under the jurisdiction of the other Party, it shall,

through its National Security Authority, obtain a written

confirmation from the National Security Authority of the other

Party that the Contractor has been granted a Facility Security

Clearance to the appropriate Classification Level.

2. If the Contractor has not been granted a Facility Security

Clearance, the National Security Authority of the Party of the

Contracting Authority can send a request to issue a Facility

Security Clearance to the National Security Authority of the

Contractor.

3. The request for the confirmation or issuance of Facility

Security Clearance shall contain:

a) Classification Level of the Classified Information expected

to be provided to or generated by the prospective Contractor,

information on the rights of the Contractor to store Classified

Information at its facilities and handle Classified Information

in Classified Information Systems;

b) full name of the Contractor, its postal address, first

name, last name and contact information of its Facility Security

Officer;

c) details of the Classified Contract.

4. The Contractor shall be obliged to comply with the

following:

a) hold an appropriate Facility Security Clearance;

b) ensure that members of the Contractor's staff requiring

access to Classified Information at the level KONFIDENCIĀLI /

POVJERLJIVO / CONFIDENTIAL or above hold appropriate Personnel

Security Clearances;

c) ensure that members of the Contractor's staff who have been

granted access to Classified Information are informed of their

responsibilities to protect Classified Information in accordance

with the conditions defined in this Agreement and with national

laws and regulations;

d) establish and adhere to procedures for protection of

Classified information within its facilities in accordance with

the national laws and regulations;

e) notify immediately its National Security Authority of any

Breach of Security relating to the Classified Contract.

5. To allow adequate security oversight and control, a

Classified Contract shall contain security clauses. A copy of the

security clauses shall be forwarded to the National Security

Authorities of Parties.

6. The security clauses of Classified Contracts shall include

at least the following:

a) a reference to this Agreement, the definition of the term

"Classified Information", and the table of the

equivalent Classification Levels of the Parties in accordance

with the provisions of Article 4 of this Agreement;

b) a statement that Classified Information generated and / or

provided in the framework of the Classified Contract shall be

protected in accordance with the applicable national laws and

regulations;

c) a statement that the Contractor shall disclose the

Classified Information only to individuals who have a Need to

know, and, in case of Classified Information at the level

KONFIDENCIĀLI / POVJERLJIVO / CONFIDENTIAL or above, hold a

Personnel Security Clearance at the appropriate Classification

Level in accordance with the provisions specified in Article 5 of

this Agreement, and have been assigned to perform official tasks

or services in relation to the Classified Contract;

d) a statement that the Contractor shall not disclose, or

permit the disclosure of Classified Information to a Third Party

or any other party that is not part of the Classified Contract

without the prior written consent of the Originator;

e) a statement that Classified Information provided under the

Classified Contract is to be used solely for the purpose for

which it has been provided, or as further expressly authorised by

the Originator in writing;

f) a procedure for communicating changes in the Classification

Level of Classified Information generated and / or provided under

this Agreement;

g) the channels and procedures to be used for the transport

and / or transmission of Classified Information;

h) the procedures for the approval of visits associated with

Classified Contract, which shall be in accordance with Article 11

of this Agreement;

i) the contact details of the National Security Authorities

responsible to oversee the protection of Classified Information

related to the Classified Contract; and

j) the obligation of the Contractor to promptly notify its

National Security Authority of any actual or suspected Breach of

Security related to the Classified Contract.

ARTICLE 9

TRANSMISSION OF CLASSIFIED INFORMATION

1. Classified Information shall be transmitted in accordance

with national laws and regulations of the Providing Party or as

otherwise agreed between the National Security Authorities.

2. Classified Information at the level SEVIŠĶI SLEPENI /

STROGO TAJNO / TOP SECRET shall be transmitted only by a courier

or diplomatic pouch.

3. Classified Information at the levels KONFIDENCIĀLI /

POVJERLJIVO / CONFIDENTIAL and SLEPENI / TAJNO / SECRET shall be

transmitted by a courier or diplomatic pouch. The National

Security Authorities may agree on alternative channels of

transmission in accordance with national laws and regulations; in

such cases:

a) the person performing transmission of Classified

Information must be authorized to have access to Classified

Information of the corresponding Classification Level;

b) a list of the items of Classified Information transmitted

must be retained by the Providing Party; a copy of this list

shall be handed over to the Receiving Party for forwarding to its

National Security Authority;

c) Classified Information must be packed in accordance with

the national laws and regulations of the Providing Party;

d) Classified Information must be delivered against

receipt;

e) the courier shall be issued a courier certificate by the

National Security Authority of the Providing Party or Receiving

Party.

4. Large volumes of Classified Information at the level

KONFIDENCIĀLI / POVJERLJIVO / CONFIDENTIAL or above shall be

transmitted in accordance with a transportation plan confirmed by

the National Security Authorities of both Parties. Where

applicable, the transportation plan shall contain the following

information:

a) description of the Classified Contract;

b) countries participating in the Classified Contract;

c) description of consignment (including Classification

Level);

d) identification of participating government and company

representatives (including Facility Security Officers);

e) delivery points, transfer points, and / or processing

points;

f) identification of commercial entities to be involved in

each movement;

g) routing of consignment;

h) details on port security and customs officials;

i) details on couriers;

j) details on escorting personnel.

5. Classified Information at the level DIENESTA VAJADZĪBĀM /

INTERNO / RESTRICTED may be transmitted by registered mail or

other delivery services in accordance with national laws and

regulations.

6. The Parties may transmit Classified Information protected

by cryptographic means in accordance with security procedures

approved by the National Security Authorities.

ARTICLE 10

REPRODUCTION, TRANSLATION AND DESTRUCTION OF CLASSIFIED

INFORMATION

1. Reproductions and translations of Classified Information

shall bear original classification markings and shall be

protected in the same way as the original Classified

Information.

2. Translations or reproductions shall be limited to the

minimum required for an official purpose.

3. Translations or reproductions of Classified Information at

the level KONFIDENCIĀLI / POVJERLJIVO / CONFIDENTIAL or above

shall be made only by individuals who hold a Personnel Security

Clearance to the equivalent Classification Level of the

Classified Information being translated or reproduced.

4. Translations shall contain a suitable annotation in the

language in which they have been translated, indicating that they

contain Classified Information of the Providing Party.

5. Classified Information at the level SEVIŠĶI SLEPENI /

STROGO TAJNO / TOP SECRET shall not be translated or reproduced

without the prior written consent of the Originator.

6. Classified Information provided under this Agreement, when

no longer required and if not otherwise prescribed, shall be

destroyed in accordance with national laws and regulations of the

Receiving Party in a manner that prevents its reconstruction, in

whole or in part.

7. The Receiving Party shall notify immediately in writing the

National Security Authority of the Providing Party about the

destruction of this Classified Information at the level SEVIŠĶI

SLEPENI / STROGO TAJNO / TOP SECRET.

8. If a crisis situation makes it impossible to protect

Classified Information provided under this Agreement, the

Classified Information shall be destroyed immediately. The

Receiving Party shall notify immediately in writing the National

Security Authority of the Providing Party about the destruction

of this Classified Information.

ARTICLE 11

VISITS

1. Visits requiring access to Classified Information at the

level KONFIDENCIĀLI / POVJERLJIVO / CONFIDENTIAL or above and to

facilities in which such information is being handled are subject

to the prior written consent of the National Security Authority

of the Party to be visited, unless otherwise agreed between the

National Security Authorities.

2. The visitor shall submit the request for visit at least

twenty days in advance of the proposed date of the visit to his

National Security Authority, which shall forward it to the

National Security Authority of the other Party.

3. In urgent cases, the request for visit may be submitted at

a shorter notice, subject to prior coordination between the

National Security Authorities.

4. The request for visit shall contain the following

information:

a) first name and last name of the visitor, date and place of

birth, nationality and passport / ID card number;

b) official title of the visitor and name of the organisation

the visitor represents;

c) confirmation of the visitor's Personnel Security Clearance

and its validity;

d) date and duration of the visit. In the case of recurring

visits the total period covered by the visits shall be

stated;

e) purpose of the visit and the anticipated Classification

Level of Classified Information to be discussed or accessed;

f) name, address, phone / fax number, e-mail address and point

of contact of the facility to be visited;

g) dated and stamped signature of a representative of the

visitor's National Security Authority.

ARTICLE 12

BREACH OF SECURITY

1. The National Security Authorities shall immediately inform

each other in writing of any actual or suspected Breach of

Security involving Classified Information of the other Party.

2. The competent authorities of the Receiving Party shall

immediately investigate any actual or suspected Breach of

Security. The competent authorities of the Providing Party shall,

if requested, support the investigations.

3. According to national laws and regulations, pertinent legal

action shall be taken by the competent authorities and courts of

the Party having jurisdiction over the investigation of the

actual or suspected Breach of Security.

4. The National Security Authority of the Receiving Party

shall take appropriate measures according to its national laws

and regulations to limit the consequences of the Breach of

Security and to prevent a recurrence.

5. The National Security Authority of the other Party shall be

informed of the outcome of the investigation and of measures, if

any, taken.

ARTICLE 13

FINAL PROVISIONS

1. Any existing Agreements, Memoranda of Understanding and

Arrangements between the 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.

2. 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

Parties inform that the internal legal procedures have been

fulfilled.

3. This Agreement may be amended by mutual written consent by

Parties. Such amendments shall enter into force in accordance

with paragraph 2 of this Article.

4. Each Party may terminate this Agreement by giving written

notice to other Party. In such case the Agreement shall expire

six months after the receipt of such notice by other Party.

5. Regardless of the termination of this Agreement, all

Classified Information generate and / or provided under this

Agreement shall be protected in accordance with this Agreement

for as long as it remains classified.

6. Any dispute regarding the application or interpretation of

this Agreement shall be resolved by negotiations and

consultations between the Parties.

7. Each Party shall bear its own costs incurred in the course

of implementing its obligations under this Agreement.

In witness whereof, the duly authorised representatives of the

Parties have signed this Agreement.

Done at Brussels on 24 September 2020 in two originals, in the

Latvian, Montenegrin and English languages, all texts being

equally authentic. In case of divergence of interpretation, of

this Agreement the English text shall prevail.

For the

Government of the Republic of Latvia

Edgars

Skuja

For the

Government of Montenegro

Dubravka

Lalović