14. pants

NOSLĒGUMA NOSACĪJUMI

1. Šīs Līgums tiek noslēgts uz nenoteiktu laiku. Šis

Līgums stājas spēkā otrā mēneša pirmajā dienā pēc pēdējā

paziņojuma saņemšanas datuma starp Līgumslēdzējām Pusēm pa

diplomātiskiem kanāliem, kas apstiprina, ka ir izpildītas

nacionālās juridiskās prasības, lai šis Līgums stātos spēkā.

2. Šis Līgums var tikt grozīts, Līgumslēdzējām Pusēm

savstarpēji vienojoties rakstveidā. Šādi grozījumi stājas spēkā

saskaņā ar šī panta 1. punktu.

3. Katra Līgumslēdzēja Puse ir tiesīga jebkurā laikā

rakstveidā izbeigt šī Līguma darbību. Šādā gadījumā Līgums zaudē

spēku sešus mēnešus pēc dienas, kurā otra Līgumslēdzēja Puse

saņem rakstisku paziņojumu par tā darbības izbeigšanu.

4. Neskatoties uz šī Līguma darbības izbeigšanu, visa

Klasificētā informācija, ar kuru ir notikusi apmaiņa vai kura ir

izstrādāta šī Līguma ietvaros, tiek aizsargāta saskaņā ar

iepriekš norādītajiem noteikumiem, kamēr Izcelsmes Puse

rakstveidā neatbrīvo Saņēmēju Pusi no šī pienākuma.

5. Jebkuri strīdi par šī Līguma interpretāciju vai

īstenošanu tiek risināti konsultāciju un pārrunu ceļā starp

Līgumslēdzējām Pusēm bez ārējās jurisdikcijas.

Parakstīts Budapeštā, 2012.gada 29.augustā divos oriģinālos

eksemplāros latviešu, ungāru un angļu valodās, kur katrs teksts

ir vienlīdz autentisks. Dažādu interpretāciju gadījumā

noteicošais ir teksts angļu valodā.

Latvijas Republikas valdības

vārdā

Latvijas Republikas ārkārtējā

un pilnvarotā vēstniece Ungārijā

Veronika Erte

Ungārijas valdības vārdā

Ungārijas Nacionālās drošības

iestādes prezidents

Mihājs Zala

AGREEMENT BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE GOVERNMENT OF

HUNGARY

ON THE EXCHANGE AND MUTUAL PROTECTION OF CLASSIFIED

INFORMATION

The Government of the Republic of Latvia and the Government of

Hungary (hereinafter referred to as the "Contracting

Parties"),

Recognising the important role of the mutual cooperation,

Realising that good cooperation may require exchange of

Classified Information between the Contracting Parties,

Recognising that they ensure equivalent protection for the

Classified Information,

Wishing to ensure the protection of Classified Information

exchanged between them or between legal entities or individuals

under their jurisdiction,

Have, in mutual respect for national interests and security,

agreed upon the following:

Article 1

SCOPE OF THE AGREEMENT

1. The objective of this Agreement is to ensure the

protection of Classified Information exchanged or generated in

the course of co-operation between the Contracting Parties or

between legal entities or individuals under their

jurisdiction.

2. This Agreement shall not affect the obligation of the

Contracting Parties under any other bilateral or multilateral

treaty, including any agreements governing exchange and mutual

protection of Classified Information.

Article 2

DEFINITIONS

For the purpose of this Agreement:

a) "Classified Information" means any

information that, regardless of its form or nature, under the

national laws and regulations of either Contracting Party,

requires protection against unauthorised disclosure or any other

unauthorized manipulation and has been duly designated.

b) "Classified Contract" means a

contract that involves or requires access to Classified

Information.

c) "Originating Party" means the

Contracting Party including legal entities or individuals under

its jurisdiction, which releases Classified Information.

d) "Recipient Party" means the

Contracting Party including legal entities or individuals under

its jurisdiction, which receives Classified Information.

e) "Third Party" means any state

including legal entities or individuals under its jurisdiction or

international organisation not being a party to this

Agreement.

f) "Facility Security Clearance" means a

determination by a Competent Security Authority of a Contracting

Party that a Contractor located in its country is security

cleared and has in place appropriate security measures within a

specific facility to access and protect Classified Information in

accordance with its national laws and regulations.

g) "Personnel Security Clearance" means

a determination by a Competent Security Authority of a

Contracting Party that an individual has been security cleared to

access and handle Classified Information in accordance with its

national laws and regulations.

Article 3

COMPETENT SECURITY AUTHORITIES

1. The Competent Security Authorities of the Contracting

Parties responsible for the protection of Classified Information

as well as the implementation of this Agreement are:

In the Republic of Latvia:

Constitution Protection Bureau

In Hungary:

National Security Authority

2. The Competent Security Authorities shall provide each

other with official contact details and shall inform each other

of any subsequent changes thereof.

Article 4

SECURITY CLASSIFICATION LEVELS AND MARKINGS

The equivalence of national security classification levels and

markings is as follows:

In the

Republic of Latvia

In

Hungary

Equivalent

in the English language

SEVIŠĶI SLEPENI

SZIGORÚAN TITKOS

TOP SECRET

SLEPENI

TITKOS

SECRET

KONFIDENCIĀLI

BIZALMAS

CONFIDENTIAL

DIENESTA VAJADZĪBĀM

KORLÁTOZOTT TERJESZTÉSŰ

RESTRICTED

Article 5

ACCESS TO CLASSIFIED INFORMATION

Access to Classified Information under this Agreement shall be

limited only to individuals duly authorised in accordance with

the national laws and regulations of the respective Contracting

Party.

Article 6

SECURITY PRINCIPLES

1. The Originating Party shall:

a) ensure that Classified Information is marked with

appropriate security classification markings in accordance with

its national laws and regulations;

b) inform the Recipient Party of any use conditions of

Classified Information;

c) inform the Recipient Party without undue delay of any

subsequent changes in the security classification level.

2. The Recipient Party shall:

a) ensure that Classified Information is marked with an

equivalent security classification marking in accordance with

Article 4;

b) afford the same degree of protection to Classified

Information as afforded to its own Classified Information of an

equivalent security classification level;

c) ensure that Classified Information is not declassified

nor its security classification level changed without the prior

written consent of the Originating Party;

d) ensure that Classified Information is not released to

a Third Party without the prior written consent of the

Originating Party;

e) use Classified Information only for the purpose it has

been released for and in accordance with release conditions of

the Originating Party.

Article 7

SECURITY CO-OPERATION

1. In order to maintain comparable standards of security,

the Competent Security Authorities shall, on request, inform each

other of their national laws and regulations concerning

protection of Classified Information and the practices stemming

from their implementation. The Competent Security Authorities

shall inform each other of any substantive changes of their

national laws and regulation concerning this Agreement.

2. On request, the Competent Security Authorities shall,

in accordance with their national laws and regulations, assist

each other during the Personnel Security Clearance procedures and

Facility Security Clearance procedures.

3. The Contracting Parties shall on request and in

accordance with their national laws and regulations, recognise

the Personnel Security Clearance certificates and Facility

Security Clearance certificates issued by the other Contracting

Party. Article 4 of this Agreement shall apply accordingly.

4. The Competent Security Authorities shall promptly

notify each other about changes in the recognised Personnel

Security Clearance certificates and Facility Security Clearance

certificates, especially in case of their withdrawal.

5. The co-operation under this Agreement shall be

effected in the English language.

Article 8

CLASSIFIED CONTRACTS

1. Classified contracts shall be concluded and

implemented in accordance with the national laws and regulations

of each Contracting Party. On request, the Competent Security

Authorities shall confirm if the proposed contractors as well as

individuals participating in pre-contractual negotiations or in

the implementation of Classified Contracts have an appropriate

Personnel Security Clearance certificate or Facility Security

Clearance certificate.

2. The Competent Security Authority may request its

counterpart that a security inspection is carried out at a

facility located in the territory of the other Contracting Party

to ensure continuing protection of Classified Information.

3. Classified Contracts shall contain project security

instructions on the security requirements and on the security

classification level of each element of the Classified Contract.

A copy of the project security instructions shall be forwarded to

the Competent Security Authority of the Contracting Party under

whose jurisdiction the Classified Contract is to be

implemented.

Article 9

TRANSMISSION OF CLASSIFIED INFORMATION

1. Classified Information shall be transmitted in

accordance with the national laws and regulations of the

Originating Party through diplomatic channels or as otherwise

agreed between the Competent Security Authorities in executive

protocols.

2. The Contracting Parties may transmit Classified

Information by electronic means in accordance with the security

procedures approved by the Competent Security Authorities.

Article 10

REPRODUCTION, TRANSLATION AND DESTRUCTION OF CLASSIFIED

INFORMATION

1. Reproductions and translations of Classified

Information released under this Agreement shall bear appropriate

security classification markings and shall be protected as the

originals. Number of reproductions shall be limited to that

required for official purposes.

2. Translations of Classified Information released under

this Agreement shall bear a note in the language of translation

indicating that they contain Classified Information of the

Originating Party.

3. Classified Information released under this Agreement

marked SEVIŠĶI SLEPENI/ SZIGORÚAN TITKOS/ TOP SECRET shall be

translated or reproduced only upon the prior written consent of

the Originating Party.

4. Classified Information released under this Agreement

marked SEVIŠĶI SLEPENI/ SZIGORÚAN TITKOS/ TOP SECRET shall not be

destroyed and shall be returned to the Originating Party.

Article 11

VISITS

1. Visits requiring access to Classified Information

shall be subject to the prior written consent of the Competent

Security Authority of the Recipient Party.

2. Requests for visit at least twenty days before the

visit takes place shall be submitted to the Competent Security

Authority which shall forward it to the Competent Security

Authority of the Recipient Party. In urgent cases, the request

for visit may be submitted at a shorter notice, subject to prior

co-ordination between the Competent Security Authorities.

3. Requests for visit shall contain:

a) visitor's name, date and place of birth, nationality

and passport/ID card number;

b) position of the visitor and specification of the legal

entity represented;

c) visitor's Personnel Security Clearance certificate

status and its validity;

d) date and duration of the visit; in case of recurring

visits the total period of time covered by the visits;

e) purpose of the visit including the highest security

classification level of Classified Information involved;

f) name and address of the facility to be visited, as

well as the name, phone/fax number, e-mail address of its point

of contact;

g) date, signature and stamping of the official seal of

the Competent Security Authority.

4. The Competent Security Authorities may agree on a list

of visitors entitled to recurring visits. The Competent Security

Authorities shall agree on the further details of the recurring

visits.

5. Classified Information acquired by a visitor shall be

considered as Classified Information received under this

Agreement.

Article 12

BREACH OF SECURITY

1. The Competent Security Authorities shall without undue

delay inform each other in writing of a breach of security

resulting in unauthorised disclosure or any other unauthorised

manipulation of Classified Information under this Agreement or

suspicion thereof.

2. The Competent Security Authority of the Contracting

Party where the breach of security occurred, shall investigate

the incident without delay. The other Competent Security

Authority shall, if required, co-operate in the

investigation.

3. In any case, the Competent Security Authority of the

Recipient Party shall inform the Competent Security Authority of

the Originating Party in writing about the circumstances of the

breach of security, the extent of the damage, the measures

adopted for its mitigation and the outcome of the

investigation.

Article 13

EXPENSES

Each Contracting Party shall bear its own expenses incurred in

the course of the implementation of this Agreement.

Article 14

FINAL PROVISIONS

1. This Agreement is concluded for an indefinite period

of time. This Agreement shall enter into force on the first day

of the second month following the date of receipt of the last of

notifications between the Contracting Parties, through diplomatic

channels, stating that the national legal requirements for this

Agreement to enter into force have been fulfilled.

2. This Agreement may be amended on the basis of the

mutual agreement of the Contracting Parties in writing. Such

amendments shall enter into force in accordance with Paragraph 1

of this Article.

3. Each Contracting Party is entitled to terminate this

Agreement in writing at any time. In such a case, the validity of

this Agreement shall expire after six months following the day on

which the other Contracting Party receives the written notice of

the termination.

4. Regardless of the termination of this Agreement, all

Classified Information exchanged or generated under this

Agreement shall be protected in accordance with the provisions

set forth herein until the Originating Party dispenses the

Recipient Party from this obligation in writing.

5. Any dispute regarding the interpretation or

implementation of this Agreement shall be resolved by

consultations and negotiations between the Contracting Parties,

without recourse to outside jurisdiction.

Done in Budapest on 29th of August, 2012 in two

originals, in Latvian, Hungarian and English languages, each text

being equally authentic. In case of different interpretation the

English text shall prevail.

For the Government of the

Republic of Latvia

Ambassador Extraordinary and

Plenipotentiary of the Republic of Latvia in Hungary

Veronika Erte

For the Government of

Hungary

President of the National

Security Authority of Hungary

Mihaly Zala