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Līgums noslēgts Bukarestē 2009.gada 11.jūnijā divos oriģinālos
eksemplāros latviešu, rumāņu un angļu valodās, un visi teksti ir
vienlīdz autentiski. Dažādu Līguma noteikumu interpretāciju
gadījumā noteicošais ir teksts angļu valodā.
LATVIJAS REPUBLIKAS VALDĪBAS
VĀRDĀ
RUMĀNIJAS VALDĪBAS VĀRDĀ
AGREEMENT
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE
GOVERNMENT OF ROMANIA ON MUTUAL PROTECTION OF CLASSIFIED
INFORMATION
The Government of the Republic of Latvia and the Government of
Romania, hereinafter called the Contracting Parties,
In order to safeguard the Classified Information exchanged
directly or through other state bodies or legal public or private
entities which deal with Classified Information of the state of
the other Contracting Party and within the framework of
activities which fall under the responsibility of the Competent
Security Authorities of the states of the Contracting
Parties,
Have agreed on the following:
Article 1
APPLICABILITY
1. This Agreement (hereinafter referred to as Agreement)
shall form the basis of any activity, involving, in compliance
with national laws and regulations, the exchange of Classified
Information between the Contracting Parties through Competent
Security Authorities or through other state bodies or legal
public or private entities, concerning the following cases:
a) cooperation between the Contracting Parties in the
field of national defence and national security;
b) cooperation, joint ventures, contracts or any other
relation between state bodies or legal public or private entities
of the states of the Contracting Parties in the field of national
defence and national security;
c) sales of equipment, products and know-how.
2. This Agreement shall not affect the commitments of
both Contracting Parties which stem from other international
agreements and shall not be used against the interests, security
and territorial integrity of other states.
Article 2
DEFINITIONS
For the purpose of this Agreement:
a) Classified Information means:
any information, document and material of any kind, regardless
of its form of appearance, mode and circumstances of generation
that requires protection from unauthorised access for reasons of
public interest and which has been classified by either
Contracting Party in accordance with its national laws and
regulations;
b) Security Classification means:
category which, according to the national laws and
regulations, characterises the importance of Classified
Information and which determines certain restrictions of access
to it, measures of protection and marking;
c) Classified Contract means:
an agreement between state bodies and legal public or private
entities or between legal public or private entities themselves,
creating and defining enforceable rights and obligations between
them, which contains or involves Classified Information;
d) Contractor or Sub-contractor means:
legal public or private entity entitled to conclude Classified
Contracts, in accordance with the national laws and regulations
of the states of the Contracting Parties;
e) Breach of Security means:
an act or an omission contrary to national laws and
regulations, the result of which may endanger or compromise
Classified Information;
f) Compromise of Classified Information means:
a situation when - due to a Breach of Security or adverse
activity (such as espionage, act of terrorism or theft) -
Classified Information has lost its confidentiality, integrity or
availability, or supporting services and resources have lost
their integrity or availability. This includes loss, disclosure
to unauthorised individuals, unauthorised modification,
unauthorised destruction or denial of service;
g) Security Aspects Letter means:
a document issued by the appropriate authority as a part of
any Classified Contract or sub-contract, identifying the security
requirements or those elements of the contract requiring security
protection;
h) Security Classification Check-List means:
a listing of the information connected with the various
aspects of a Classified Contract that should be classified and
the Security Classification levels assigned thereto. That listing
may be annexed to or incorporated in a Security Aspects
Letter;
i) Personnel Security Clearance means:
a positive decision made by a competent authority and stemming
from an investigative procedure which is to determine the loyalty
and trustworthiness of a person and affirm the conformity with
other conditions set out in national laws and regulations;
j) Facility Security Clearance means:
a positive decision made by a competent authority which is to
determine the capability of a public or private entity to hold
and safeguard Classified Information appropriately and affirm the
conformity with other conditions set out in national laws and
regulations;
k) Need to know means:
a principle according to which access to Classified
Information is granted individually only to those persons who, in
performing their official duties, need to access such
information;
l) Competent Security Authority means:
the authority of the Contracting Party which, in compliance
with national laws and regulations, coordinates, at national
level, the activity of protection of Classified Information. Such
authorities are listed in Article 6;
m) Designated Security Authority means:
the institution which, in compliance with national laws and
regulations and coordinated by the Competent Security Authority,
has specific competences in the field of the protection of
Classified Information;
n) Third Party means:
an international organisation, a Government, legal public or
private entity which is not party to this Agreement.
Article 3
PROTECTION OF CLASSIFIED INFORMATION
1. In accordance with national laws and regulations, the
Contracting Parties shall take appropriate measures to ensure the
protection of Classified Information exchanged or jointly created
as a result of any agreement or relation between the state bodies
and the legal public or private entities of their respective
states, in accordance with the equivalence of the Security
Classification levels provided in Article 4.
2. The receiving Contracting Party and the state bodies
or legal public or private entities of its state shall neither
use a lower Security Classification level for the received
Classified Information nor declassify this information without
the prior written consent of the Competent Security Authority of
the state of the originating Contracting Party. The Competent
Security Authority of the originating Contracting Party shall
inform about any changes in Security Classification of the
exchanged information.
3. Documents marked SEVIŠĶI SLEPENI / STRICT
SECRET DE IMPORTANŢĂ DEOSEBITĂ / TOP
SECRET shall be translated and copied only with the prior written
consent of the Competent Security Authority of the originating
Contracting Party.
4. Classified Information shall be destroyed in such a
manner that any reconstruction of Classified Information in whole
or in part be impossible. The originating Contracting Party shall
be notified about the destruction. Classified Information SEVIŠĶI
SLEPENI / STRICT SECRET DE IMPORTANŢĂ
DEOSEBITĂ / TOP SECRET shall not be destroyed, but
returned to the originating Contracting Party. When the returning
is not possible, Classified Information SEVIŠĶI
SLEPENI / STRICT SECRET DE IMPORTANŢĂ
DEOSEBITĂ / TOP SECRET shall be destroyed.
5. Access to locations and facilities where Classified
Information received from the other Contracting Party is handled
shall be allowed only to those persons authorised in accordance
with the national laws and regulations of the states of the
Contracting Parties, with the observance of the "Need to know"
principle.
6. None of the Contracting Parties shall release received
Classified Information to a Third Party without prior written
consent of the Competent Security Authority of the state of the
originating Contracting Party. The present Agreement shall not be
invoked by either Contracting Party to obtain Classified
Information that the other Contracting Party has received from a
Third Party.
7. When contractual activities which involve the exchange
of Classified Information are finalised, this information shall
be returned to the originator.
Article 4
SECURITY CLASSIFICATIONS
The Contracting Parties have determined that the equivalence
of the national Security Classifications is as follows:
In the
Republic of Latvia
In
Romania
English
equivalent
SEVIŠĶI SLEPENI
STRICT SECRET DE
IMPORTANŢĂ DEOSEBITĂ
TOP SECRET
SLEPENI
STRICT SECRET
SECRET
KONFIDENCIĀLI
SECRET
CONFIDENTIAL
DIENESTA VAJADZĪBĀM
SECRET DE SERVICIU
RESTRICTED
Article 5
SECURITY CLEARANCES
1. Each Contracting Party shall guarantee that any
individual who, due to his employment or functions, needs to
access Classified Information holds a valid and appropriate
Personnel Security Clearance issued by the Competent Security
Authority or other authorities duly designated in accordance with
national laws and regulations.
2. On request, the Competent Security Authorities of the
states of the Contracting Parties, taking into account the
respective national laws and regulations, shall assist each other
in vetting procedures related to and preceding the issue of the
Personnel Security Clearance and the Facility Security Clearance.
To this end, specific arrangements may be agreed between the
Competent Security Authorities of the Contracting Parties.
3. The Contracting Parties shall mutually recognize the
Personnel and Facility Security Clearances issued in accordance
with national laws and regulations of the respective states.
4. The Competent Security Authorities shall announce to
each other any changes of Personnel and Facility Security
Clearances, in particular the cases of their revoke.
Article 6
COMPETENT SECURITY AUTHORITIES
1. The Competent Security Authorities responsible, at
national level, for the implementation and the relevant controls
of all aspects of this Agreement are:
In the
Republic of Latvia
In
Romania
Constitution Protection Bureau
Miera 85a, Riga, LV 1013
LATVIA
Government of Romania
National Registry Office for Classified Information
4 Mures Street, district 1
Bucharest
ROMANIA
2. In order to keep the same security standards each Competent
Security Authority will give, upon request, the other Competent
Security Authority information about its security organization
and procedures. To this end, the Competent Security Authorities
will also agree on visit procedures in both states.
3. Should the need arise, the Competent Security Authorities
shall consult each other on the technical issues of the
implementation of this Agreement and, by mutual arrangement, may
draw up Supplementary Executive Protocols.
Article 7
VISITS
1. Visits to premises where Classified Information is
developed, handled or stored, or where the activities described
in Article 1 are carried out, shall be allowed only by the
Competent Security Authority / Designated Security
Authority of the respective state to visitors from the state of
the other Contracting Party.
2. A visit request shall include the following
information:
a) visitor's name and surname, date and place of birth,
nationality and passport or other identity document of the
visitor;
b) official (employment) status of the visitor, including
the name of the establishment, company or organization, which the
visitor represents;
c) certification of the visitor being administratively
cleared or possessing a Personnel Security Clearance;
d) the facility to be visited - name and address and
purpose of the visit;
e) point of contact at the facility to be visited,
previous contacts and any other information useful to determine
the justification of the visit;
f) expected date of arrival and departure and duration of
the visit.
3. The validity of visit authorization shall not exceed
12 months.
4. Other procedures may be used if agreed upon by both
Competent Security Authorities.
5. Each Contracting Party shall guarantee the protection
of personal data of the visitors according to the respective
national laws and regulations.
Article 8
CLASSIFIED CONTRACTS
1. In the event that either Contracting Party, state
bodies or legal public or private entities of its state intend to
award a Classified Contract to be performed within the territory
of the state of the other Contracting Party, then the Contracting
Party of the state in which the performance is taking place, will
assume responsibility for the protection of Classified
Information related to the contract in accordance with its own
national laws and regulations.
2. Prior to releasing to Contractors or prospective
Contractors any Classified Information received from the other
Contracting Party, the receiving Contracting Party through the
Competent Security Authority, shall:
a) grant appropriate Facility Security Clearances to
Contractors or prospective Contractors on condition they have
fulfilled the requirements for their issue;
b) grant appropriate Personnel Security Clearances to all
personnel whose duties require access to Classified Information
on condition they have fulfilled the requirements for their
issue.
3. The Contracting Parties shall ensure that every
Classified Contract includes an appropriate Security Aspects
Letter which includes a Security Classification Check-List.
4. Further procedures related to Classified Contracts
shall be developed and agreed upon by the Competent Security
Authorities of the Contracting Parties.
5. The Contracting Parties shall ensure protection of
copyrights, industrial property rights - patents
included - and any other rights connected with the
Classified Information exchanged between their states, according
to the respective national laws and regulations.
6. Sub-contractors interested in classified sub-contracts
shall be submitted in advance by the Contractor to the Competent
Security Authority for approval. If approved, the Sub-contractor
must fulfil the same security obligations as have been set for
the Contractor.
Article 9
MARKING OF CLASSIFIED INFORMATION
1. The received Classified Information shall be marked
with a national Security Classification, according to the
equivalence stipulated in Article 4.
2. Copies and translations of the received Classified
Information shall be marked and handled in the same manner as the
originals.
3. The marking requirements shall also apply to
Classified Information generated within a Classified
Contract.
Article 10
TRANSMISSION OF CLASSIFIED INFORMATION
1. Classified Information shall be transmitted normally
by diplomatic / military courier or other means
approved by the Competent Security Authorities. The receiving
Competent Security Authority shall confirm the receipt of
Classified Information.
2. If a large consignment containing Classified
Information is to be transmitted the 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 transmission or exchange of
Classified Information may be used if agreed on by the Competent
Security Authorities.
Article 11
BREACH OF SECURITY AND COMPROMISE OF CLASSIFIED INFORMATION
1. In case of a Breach of Security that results in a
Compromise or possible Compromise of Classified Information, the
Competent Security Authority of the state where the compromise
occurred shall promptly inform the Competent Security Authority
of the state of the other Contracting Party, ensure proper
security investigation of such event and take the necessary
measures to limit the consequences, in accordance with national
laws and regulations. The Competent Security Authorities of the
Contracting Party shall, if required, cooperate in the
investigation.
2. In case the compromise occurs in a third state the
Competent Security Authority of the state of the originating
Contracting Party shall take action as of paragraph 1.
3. In any case, the other Contracting Party shall be
informed of the results of the investigation and shall receive
the final statement as to the reasons of the event and the extent
of the damage.
Article 12
SETTLEMENT OF DISPUTES
Any dispute regarding the interpretation or application of
this Agreement shall be resolved by consultation between the
Competent Security Authorities of the states of the Contracting
Parties. Pending the consultations for the settlement of the
controversies, the Contracting Parties shall continue to fulfil
the security obligations deriving from this Agreement.
Article 13
EXPENSES
Each Party shall cover its own expenses incurred in connection
with the implementation of this Agreement.
Article 14
FINAL PROVISIONS
1. This Agreement is concluded for an indefinite period
of time. This Agreement is subject to approval in accordance with
the national legal procedures of the state of each of the
Contracting Parties and shall enter into force on the date of the
receipt of the last written notification of the Contracting
Parties informing each other of the completion of national legal
procedures necessary for its entering into force.
2. This Agreement can be terminated at any time. The
termination shall be effective 6 (six) months after its
notification to the other Contracting Party. 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 and
with any other requirements of the originator.
3. This Agreement may be amended by the mutual consent of
the Contracting Parties by an exchange of notes through
diplomatic channels. The agreed amendments shall enter into force
according to the same procedures envisaged for the entry into
force of this Agreement.
4. Each Contracting Party shall promptly notify the other
Contracting Party of any changes to its national laws and
regulations that would affect the protection of Classified
Information under this Agreement. In such case, the Contracting
Parties shall consult to consider possible changes to this
Agreement. In the meantime, Classified Information shall continue
to be protected as described herein, unless requested otherwise
in writing by the originating Contracting Party.
Signed in Bucharest on 11th of June 2009, in two
original copies, each in the Latvian, Romanian and English
languages, all texts being equally authentic. In case of
differences in interpretation, the English text shall
prevail.
FOR THE GOVERNMENT OF THE
REPUBLIC OF LATVIA
FOR THE GOVERNMENT OF
ROMANIA