13. pants

Nobeiguma

noteikumi

1. Šis Līgums stājas spēkā ar

brīdi, kad to ir parakstījušas abas Puses.

2. Šis Līgums ir spēkā līdz

brīdim, kamēr kāda no Pusēm Līguma darbību neizbeidz, iesniedzot

otrai Pusei sešus (6) mēnešus iepriekš pa diplomātiskiem kanāliem

rakstisku paziņojumu. Neatkarīgi no šī Līguma izbeigšanas, visa

klasificētā informācija, kas ir nodota saskaņā ar šo Līgumu, arī

turpmāk tiek aizsargāta saskaņā ar šī Līguma noteikumiem, līdz

izcelsmes Puse neatbrīvo saņēmēju Pusi no šī pienākuma. Līguma

izbeigšanas gadījumā Puses konsultējas, lai noteiktu esošo

projektu drošības pasākumus.

3. Katra Puse nekavējoties informē

otru Pusi par jebkādiem grozījumiem tās nacionālajos normatīvajos

aktos, kas var ietekmēt klasificētās informācijas aizsardzību šī

Līguma ietvaros. Šādā gadījumā Puses konsultējas, lai apsvērtu šī

Līguma iespējamos grozījumus. Tikmēr klasificētā informācija tiek

aizsargāta, kā tas ir noteikts šajā Līgumā, ja vien izcelsmes

Puse rakstiski nelūdz rīkoties savādāk.

4. Šis Līgums var tikt grozīts,

abām Pusēm par to savstarpēji rakstiski vienojoties. Šādi

grozījumi stājas spēkā saskaņā ar šī panta pirmo daļu.

5. Visa sazināšanās, kas tiek

veikta starp šī Līguma Pusēm, notiek rakstiski angļu valodā.

6. Visi paziņojumi par Līguma

izbeigšanu vai tā grozīšanu tiek nosūtīti pa diplomātiskiem

kanāliem.

7. Visi pārējie paziņojumi tiek

nosūtīti starp šādām iestādēm:

Latvijas Puse

Latvijas Republika, Satversmes

aizsardzība biroja direktors

Izraēlas Puse

Izraēlas Valsts, Aizsardzības

ministrija

Aizsardzības iestādes Informācijas

drošības vadītājs

Parakstīts Telavivā 2006.gada

6.martā divos eksemplāros latviešu valodā, ivritā un angļu

valodā. Atšķirīgas šī Līguma noteikumu interpretācijas gadījumā

noteicošais ir teksts angļu valodā.

Latvijas Republikas valdības

vārdā

Izraēlas Valsts valdības

vārdā

Jānis

Kažociņš

Yechiel

Horev

Satversmes

aizsardzības biroja direktors

Ģenerāldirektora pirmais

vietnieks Aizsardzības iestādes Drošības direktorāta

direktors

AGREEMENT

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE

GOVERNMENT OF THE STATE OF ISRAEL REGARDING MUTUAL PROTECTION OF

CLASSIFIED INFORMATION IN THE FIELD OF DEFENSE AND MILITARY

COOPERATION

The Government of the Republic of

Latvia and the Government of the State of Israel, hereinafter

referred to as the Parties,

intending to ensure the mutual

protection of all Classified Information, in the field of Defence

and Military Cooperation which has been classified in the state

of the one Party and transferred to the state of the other

Party,

desiring to establish the rules of

the mutual protection of Classified Information, which shall be

extended to agreements relating to defense and military

cooperation to be concluded between the Parties and the contracts

to be signed between organizations and institutions of the

states, legal entities and persons, if applicable, authorized to

exchange Classified Information,

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

For the purpose of this

Agreement:

1. Classified Information

means:

A. Any classified item, be it an

oral communication of classified contents or the electrical or

electronic transmission of a classified message, or a "material"

as defined in (b) below;

B. "Material" includes "document"

as defined in (c) below, and any item of machinery, equipment,

weapon or weapon-systems either manufactured or in the process of

manufacture;

C. "Document" means any form of

recorded information regardless of type of recording media;

Which in the interest of national

security of either Party and in accordance with its national laws

and regulations, requires protection against unauthorized

disclosure and which has been classified in accordance with its

national laws and legislation.

2. Contractor - an individual or

legal entity possessing the legal capacity to undertake

Classified Contracts.

3. Classified Contract - an

agreement between two or more legal entities or individuals

creating and defining enforceable rights and obligations between

them, which contains or includes Classified Information.

4. Competent Security Authority -

the authority of the State of the Party, which in compliance with

national laws and regulations is responsible for the protection

of Classified Information and for the implementation of this

Agreement. Such authorities are listed in Article 4 of this

Agreement.

5. Receiving Party - the Party to

which the Classified Information is transferred as represented by

the Competent Security Authority.

6. Originating Party - the Party

initiating the Classified Information as represented by the

Competent Security Authority.

7. Third Party - any state,

organization, legal entity and individual which is not a Party to

this Agreement.

8. Need to Know - a principle that

access to Classified Information may only be granted to a person

who has a verified need to know by virtue of his/her duties,

within the framework of which the information was released to the

Receiving Party.

Article 2

Security classifications

The security classifications and

their equivalents of the Parties are:

REPUBLIC OF LATVIA

EQUIVALENT

IN ENGLISH

STATE OF ISRAEL

SEVIŠĶI SLEPENI

Top Secret

SODI BEYOTER

SLEPENI

Secret

SODI

KONFIDENCIĀLI

Confidential

SHAMUR

INFORMĀCIJA

DIENESTA

VAJADZĪBĀM

RESTRICTED

SHAMUR

Article 3

Protection of

classified information

1. Access to Classified

Information shall be limited to those persons who have a Need to

Know, and who have been security cleared by the Competent

Security Authority of the Receiving Party, in accordance with its

national laws and regulations, corresponding to the required

security classification of the information to be accessed.

2. The Originating Party shall

ensure that the Receiving Party is informed of:

A. The security classification of

the Classified Information and any conditions of release or

limitations on its use, and that the Classified Information is so

marked.

B. Any subsequent change in

security classification.

3. The Receiving Party shall:

A. In accordance with its national

laws and regulations, provide the same level of security

protection to Classified Information as provided by the

Originating Party, subject to Article 2 of this Agreement.

B. Ensure that security

classification is not amended and Classified Information is not

declassified unless authorized in writing by the Originating

Party.

Article 4

Competent

security authorities

1. The Competent Security

Authorities of the states of the Parties are:

For the Republic of Latvia:

- The Constitution Protection

Bureau - Miera street 85a Riga LV 1013, Latvia;

For the State of Israel:

- The Directorate of Security for

the Defense Establishment - Hakirya Tel-Aviv, Israel.

2. In order to achieve and

maintain comparable standards of security, the respective

Competent Security Authorities shall, on request, provide each

other with information about the security standards, procedures

and practices for safeguarding Classified Information in the

respective state of the Party.

3. The respective Competent

Security Authorities of the states of both Parties can conclude

executive documents to this Agreement.

Article 5

Restrictions on

use of classified information and disclosure

1. Unless written consent of the

Originating Party is given, the Receiving Party shall not

disclose or use, or permit the disclosure or use of any

Classified Information.

2. The Receiving Party shall not

pass to any Third Party any Classified Information, provided

under the provisions of this Agreement, nor shall it publicly

disclose any Classified Information without the prior written

permission of the Originating Party.

Article 6

Transfer of

classified information

1. Classified Information shall be

transferred normally by means of diplomatic, military and/or

other courier services approved by the Competent Security

Authorities. The Receiving Party shall confirm in writing the

receipt of Classified Information.

2. If a large consignment

containing Classified Information is to be transferred the

respective Competent Security Authorities shall mutually agree on

and approve the means of transportation, the route and security

measures for each such case.

3. Other approved means of

transfer or exchange of Classified Information, including

electromagnetic transmission may be used if agreed upon by the

Competent Security Authorities.

Article 7

Translation,

reproduction, destruction

1. Documents containing

information classified SEVIŠĶI SLEPENI/ TOP SECRET/ SODI BEYOTER

shall be allowed for translation and copying only on the written

permission of the respective Competent Security Authority of the

state of the Originating Party.

2. Translation of any Classified

Information shall be made by appropriately security-cleared

individuals. Such translation should bear appropriate security

classification markings in the language into which it is

translated indicating that the translation contains Classified

Information of the state of the Originating Party.

3. Copies and translations of

Classified Information of the state of the Originating Party

shall be marked with the same classification markings as the

originals and shall be handled as originals. Such reproduced

information shall be placed under the same controls as the

original information. The number of copies shall be limited to

that required for official purposes.

4. Classified Documents shall be

destroyed or modified in such a manner so as to prevent their

reconstruction.

5. Document or material containing

information, classified SEVIŠĶI SLEPENI/ TOP SECRET/ SODI BEYOTER

shall not be destroyed. It shall be returned to the respective

Competent Security Authority of the state of the Originating

Party.

Article 8

Classified

contracts

1. If there is a need to conclude

a Classified Contract with a Contractor residing in the territory

of the state of the other Party or with Contractor of the other

Party residing in the territory of the state of the first

mentioned Party, an assurance from the Competent Security

Authority shall be obtained in advance that the proposed

Contractor has a security clearance corresponding to the required

classification level and has implemented appropriate security

arrangements to ensure the protection of Classified Information.

This assurance also involves the obligation to ensure that the

security arrangements of the security cleared Contractor

correspond to national laws and regulations on protection of

Classified Information and that these arrangements are supervised

by the Competent Security Authority.

2. The Classified Contracts

between the legal entities of the states of the Parties shall be

concluded in accordance with the national laws and regulations of

the states of the Parties.

3. The Competent Security

Authority is responsible for ensuring that Classified

Information, which has been either released to the Contractor of

the other Party or generated in connection with a Classified

Contract, has been assigned a security classification. On request

of the Competent Security Authority of one Party, the Competent

Security Authority of the other Party shall provide a security

requirements list. The Competent Security Authority of one Party

shall provide the Competent Security Authority of the other Party

with a notification stating that the Contractor has undertaken to

observe national laws and regulations on the protection of

Classified Information.

4. At all events, the Competent

Security Authority shall ensure that the Contractor will handle

the parts of a contract which require classification, in the same

manner as Classified Information of the state of the Contractor

in compliance with the security classification defined in the

Article 2 of this Agreement.

5. Should the Competent Security

Authority approve a classified sub contract, this Article shall

apply accordingly.

6. The Competent Security

Authorities shall ensure that a Classified Contract is authorized

only after the Contractor has implemented all the necessary

security measures.

Article 9

Visits

1. Access to Classified

Information and to premises where classified projects are carried

out, will be granted by one Party to any person from the other

Party's country if previous permission from the Competent

Security Authority of the Hosting Party has been obtained. Such

permission shall be granted only upon visit applications to

persons who have been security cleared and authorized to deal

with Classified Information (hereinafter referred to as: "the

Visitors").

2. The Competent Security

Authority of the Sending Party shall notify the Competent

Security Authority of the Hosting Party of planned visits, at

least three weeks in advance. In case of special needs, security

authorization of the visit will be granted as soon as possible,

subject to prior coordination.

3. Visit applications shall

include at least the following data:

a. Name and last name of the

visitor, dates and place of birth, nationality and passport

number or other identity documents.

b. Official title of the visitor

and the name of the entity, plant of the legal entity or

organization represented by him/her.

c. Certification of security

clearance of the visitor, given by the Competent Security

Authorities of the Sending Party.

d. Planned date of visit.

e. Purpose of the visit.

f. Name of persons, plants,

installations, organizations and premises requested to be

visited.

4. Upon approval of the Competent

Security Authority, the visit permission can be granted for a

specific period of time, as necessary for a specific project.

Multiple visit permissions will be granted for a period not

exceeding 12 months. Such permission shall be granted by the

relevant Competent Security Authorities of the Parties.

5. Each Party shall ensure the

protection of personal data of the visitors according to its

applicable national laws and regulations.

Article 10

Breach of security

1. In case of a breach of security

aspects that results in certain or suspected compromise of

Classified Information, originated or received from the other

Party, the Competent Security Authority in whose state the

compromise occurred shall inform the Competent Security Authority

of the other Party as soon as possible and carry out the

appropriate investigation. The other Party shall, if required,

cooperate in the investigation.

2. In any case, the other Party

shall be informed of the results of the investigation and shall

receive the final report as to the compromised Classified

Information, the reasons of the event and the corrective measures

undertaken.

Article 11

Coverage of

expenses

Each Party shall waive claims to

other Party for reimbursements of expenditures incurred under the

implementation of this Agreement.

Article 12

Dispute

resolution

1. In the event of any dispute

arising between the Parties to this Agreement, whether such

dispute shall relate to the interpretation of the Agreement or to

the execution of the terms hereof or any matter arising

therefrom, the Parties shall, in the first instance, make every

reasonable effort to reach an amicable settlement.

2. In the event, however, of the

Parties failing to reach such settlement, the Parties agree to

submit the dispute to the Director of the Constitution Protection

Bureau for the Latvian Party and the Director of Security for

Israel Defense Establishment for the Israeli Party. Any decision

given shall be final and binding on the Parties to this

Agreement.

3. During the pending of any

dispute, and/or controversy, both Parties shall continue to

fulfill all their obligations under this Agreement.

4. Under no circumstances, any

disputes arising from the interpretation of this Agreement will

be referred to any third country or to any National or

International Tribunal.

Article 13

Final

provisions

1. This Agreement shall enter into

force upon signing by the Parties.

2. This Agreement shall remain in

effect until terminated by either Party giving the other Party

six (6) months prior written notice of termination, through

diplomatic channels. Notwithstanding the termination of this

Agreement, all Classified Information provided pursuant to this

Agreement shall continue to be protected in accordance with the

provisions set forth herein, until the Originating Party will

dispense the Receiving Party from this obligation. In case of

termination, the Parties shall enter into consultations in order

to specify the security aspects of the existing projects.

3. Each Party shall promptly

notify the other Party of any amendments to its national laws and

regulations that may affect the protection of Classified

Information under this Agreement. In such case, the Parties shall

consult to consider possible amendments to this Agreement. In the

meantime, Classified Information shall continue to be protected

as described herein, unless requested otherwise in writing by the

Originating Party.

4. This Agreement may be amended

on the basis of mutual written consent of both Parties. Such

amendments shall enter into force in accordance with paragraph 1

of this Article.

5. All communication generated by

either Party to this Agreement shall be in writing in

English.

6. All notices concerning

termination of or amendments to the Agreement shall be effected

through diplomatic channels.

7. All other notices shall be done

through the following POCs:

Latvian Party

Republic of Latvia - Director of

Constitution Protection Bureau

Israeli Party

The State of Israel - Ministry of

Defense

Head of Security of Information

for the Defense Establishment

Done in Tel Aviv on 6 March 2006

in two copies in the Latvian, Hebrew and English languages, all

texts being equally authentic. In case of any divergence of

interpretation of the provisions of this Agreement the English

text shall prevail.

For the Government of the

Republic

of Latvia

For the Government of the State

of Israel

Jānis

Kažociņš

Yechiel

Horev

Director of the

Constitution

Protection Bureau

Principal Deputy Director

General Director of

Directorate of

Security of the

Defense

Establishment