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NOBEIGUMA NOTEIKUMI
1. Šis Līgums ir noslēgts uz nenoteiktu laiku un stājas spēkā
pēdējā rakstiskā paziņojuma pa diplomātiskiem kanāliem saņemšanas
dienā, ar kuru Puses informē viena otru, ka nepieciešamās
juridiskās prasības, lai Līgums stātos spēkā, ir izpildītas.
2. Jebkura no Pusēm var izbeigt šo Līgumu pa diplomātiskiem
kanāliem iesniedzot rakstisku paziņojumu otrai Pusei. Šādā
gadījumā šis Līgums tiek izbeigts sešus mēnešus pēc datuma, kad
tiek saņemts paziņojums par izbeigšanu. Neraugoties uz Līguma
izbeigšanu, visa klasificētā informācija, kas ir nodota šī Līguma
ietvaros, tiek aizsargāta saskaņā ar šeit noteiktajiem
nosacījumiem, kamēr izcelsmes Puse neatbrīvo saņēmēju Pusi no šī
pienākuma.
3. Šo Līgumu var grozīt jebkurā laikā, abām Pusēm rakstiski
vienojoties. Šādi grozījumi stājas spēkā saskaņā ar šī panta
pirmo daļu.
4. Šis Līgums nemaina Pušu tiesības un pienākumus, kas izriet
no citiem starptautiskajiem līgumiem.
5. Šī Līguma īstenošanai var tikt noslēgtas izpildes
vienošanās.
Līgums noslēgts Rīgā 2010.gada 10.februārī divos oriģinālos
eksemplāros, katrs latviešu, slovēņu un angļu valodā un visi
teksti ir vienlīdz autentiski. Atšķirīgas interpretācijas
gadījumā noteicošais ir teksts angļu valodā.
To apliecinot, šo Līgumu ir parakstījuši atbilstoši pilnvaroti
Pušu pārstāvji.
Latvijas Republikas valdības vārdā
Māris Riekstiņš
Slovēnijas Republikas valdības vārdā
Samuelu Žbogaru
AGREEMENT
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE
GOVERNMENT OF THE REPUBLIC OF SLOVENIA ON THE EXCHANGE AND MUTUAL
PROTECTION OF CLASSIFIED INFORMATION
The Government of the Republic of Latvia and the Government of
the Republic of Slovenia, hereinafter referred to as the
"Parties", wishing to ensure the protection of
Classified Information exchanged between them or between public
and private entities under their jurisdiction, have, in mutual
respect for national interests and security, agreed upon the
following:
Article 1
DEFINITIONS
For the purposes of this Agreement these terms mean the
following:
Classified Information: any information, document or
material regardless of its form, transmitted or generated between
the Parties under the national legislation of either Party,
requiring protection against unauthorised disclosure,
misappropriation or loss and designated as such and appropriately
marked;
Classified Contract: a contract or a sub-contract
including pre-contractual negotiations, which contains Classified
Information and involves access to or generation of Classified
Information;
"Need to know": a principle by which access
to Classified Information may only be granted to an individual
who within the framework of the official duties requires such
access;
Originating Party: the Party, including any
public or private entities under its jurisdiction, which releases
Classified Information to the other Party;
Recipient Party: the Party, including any public or
private entities under its jurisdiction, which receives
Classified Information from the Originating Party;
Third Party: a state, including any public or private
entities under its jurisdiction, or an international organisation
that is not a party to this Agreement;
Personnel Security Clearance: a determination following
an investigative procedure in accordance with the national
legislation, on the basis of which an individual is authorised to
have access to and to handle Classified Information up to the
level defined in the clearance;
Facility Security Clearance: a determination following
an investigative procedure certifying that a contractor which is
a legal entity fulfils the conditions of handling Classified
Information in accordance with the national legislation of one of
the Parties.
Article 2
SECURITY CLASSIFICATIONS
1. Classified Information released under this Agreement shall
be marked with security classification levels as appropriate
under the national legislation of the Parties.
2. The equivalence of national security classification levels
is as follows:
Republic of Latvia
Republic of Slovenia
Equivalent in English
SEVIŠĶI SLEPENI
STROGO TAJNO
TOP SECRET
SLEPENI
TAJNO
SECRET
KONFIDENCIĀLI
ZAUPNO
CONFIDENTIAL
DIENESTA VAJADZĪBĀM
INTERNO
RESTRICTED
Article 3
COMPETENT SECURITY AUTHORITIES
1. The Competent Security Authorities of the Parties
responsible for security and protection of Classified Information
in accordance with their national legislation and for the
implementation of this Agreement are the following:
in the Republic of
Latvia:
Satversmes aizsardzības birojs (National Security
Authority);
in the Republic of
Slovenia:
Urad Vlade Republike Slovenije za varovanje tajnih
podatkov (National Security Authority).
2. The Competent Security Authorities shall notify each other
of any other competent authorities that are responsible for the
implementation of this Agreement.
3. The Parties shall inform each other of any subsequent
changes of the Competent Security Authorities.
Article 4
SECURITY PRINCIPLES
1. Access to Classified Information released under this
Agreement shall be limited to:
a) individuals according to the "Need to know"
principle, and
b) legal entities capable of handling Classified
Information,
under the condition that these individuals and legal entities
have been duly authorised in accordance with the national
legislation of the respective Party.
2. Subject to fulfilment of procedural requirements laid down
in the national legislation, the Parties shall mutually recognise
their Personnel Security Clearances and Facility Security
Clearances. The provision of paragraph 2 of Article 2 shall apply
accordingly.
3. The Originating Party shall:
a) ensure that Classified Information is marked with an
appropriate security classification marking in accordance with
its national legislation,
b) inform the Recipient Party of any conditions for
release or limitations on the use of Classified Information, and
of any subsequent changes in classification levels.
4. The Recipient Party shall:
a) in accordance with its national legislation afford the
equivalent level of protection to Classified Information as
afforded by the Originating Party;
b) ensure that Classified Information is marked with an
equivalent classification marking in accordance with paragraph 2
of Article 2;
c) ensure that classification level is not altered except
if authorised in writing by the Originating Party.
5. The Recipient Party shall use Classified Information only
for the purpose it has been released for and within limitations
stated by the Originating Party.
6. The Recipient Party shall not release Classified
Information to a Third Party without a written consent of the
Originating Party.
Article 5
TRANSMISSION OF CLASSIFIED INFORMATION
1. Classified Information shall be transmitted between the
Parties through diplomatic channels.
2. Other means of transmission may be agreed by the Competent
Security Authorities, including delivery of large consignments of
Classified Information or use of protected information and
communication channels.
3. The Recipient Party shall confirm receipt of Classified
Information in writing and notify the Competent Security
Authority thereof.
Article 6
REPRODUCTION, TRANSLATION AND DESTRUCTION
1. All reproductions and translations shall bear appropriate
security classification markings and shall be protected as the
original Classified Information. Only individuals holding an
appropriate Personnel Security Clearance shall make the
translations. The translations and number of reproductions shall
be limited to the amount required for an official purpose.
Classified Information marked SEVIŠĶI SLEPENI/STROGO TAJNO/TOP
SECRET shall be translated or reproduced only upon a written
consent of the Originating Party.
2. All translations shall contain a suitable annotation in the
language of the translation, indicating that they contain
Classified Information of the Originating Party.
3. Classified Information marked SLEPENI/TAJNO/SECRET or below
shall be destroyed in accordance with the national
legislation.
4. Classified Information marked SEVIŠĶI SLEPENI/STROGO
TAJNO/TOP SECRET shall not be destroyed and shall be returned to
the Originating Party.
Article 7
VISITS
1. Visits necessitating access to Classified Information shall
be subject to prior written consent issued by the host Competent
Security Authority.
2. A request for visit shall be submitted to the relevant
Competent Security Authority at least 20 days prior to the
commencement of the visit, and shall include the following:
- name of the visitor, date and place of birth, nationality
and ID card/passport number;
- position of the visitor with a specification of the employer
which the visitor represents; or the title and details of the
Classified Contract in which the visitor participates;
- validity and the level of Personnel Security Clearance of
the visitor;
- name, address, phone/fax number, e-mail and point of contact
of the facility to be visited;
- purpose of the visit, including the highest level of
Classified Information to be involved;
- dates and duration of the visit. In case of a recurring
visit, the total period covered by the visits shall be
stated;
- date, signature and the official seal of the Competent
Security Authority.
3. In urgent cases, a request for visit shall be submitted at
least 5 working days prior to the commencement of the visit.
4. In a particular Classified Contract, the Competent Security
Authorities may agree on a list of visitors entitled to recurring
visits. The list shall be valid for an initial period not
exceeding 12 months and may be extended for a further period not
exceeding 12 months. The request for a recurring visit shall be
submitted in accordance with paragraph 2 of this Article. Once a
list has been approved, visits may be arranged directly between
the facilities involved.
5. Any Classified Information acquired by a visitor shall be
considered as Classified Information released under this
Agreement.
Article 8
CLASSIFIED CONTRACTS
1. Should either of the Parties or public or private entities
under their jurisdiction perform a Classified Contract in the
territory of the state of the other Party, the Competent Security
Authority of this other Party shall assume responsibility for the
protection of Classified Information received under the
Classified Contract.
2. Before either of the Competent Security Authorities
releases Classified Information received from the other Competent
Security Authority to the contractor, the Competent Security
Authority of the Recipient Party shall ascertain itself that:
- the contractors are holders of the appropriate Facility
Security Clearances;
- all individuals requiring access to Classified Information
received have a "Need to know" and have been duly
authorised in accordance with the national legislation of the
respective Party.
3. A Classified Contract shall contain provisions on the
security requirements and on the classification of each aspect or
element of the Classified Contract. A copy of such a document
shall be submitted to the Competent Security Authorities of the
Parties.
4. Each Competent Security Authority may request that a
security inspection of the contractor is carried out to ensure
continuing compliance with security standards in accordance with
the applicable national legislation.
5. The contractor shall be entitled, with a prior written
consent of its Competent Security Authority, to engage
sub-contractors in a Classified Contract. The prospective
sub-contractor shall meet the same security requirements as the
contractor.
6. The Competent Security Authorities shall inform each other
of all contractors and sub-contractors engaged in a Classified
Contract.
Article 9
SECURITY CO-OPERATION
1. In order to achieve and maintain comparable standards of
security, the Competent Security Authorities shall, on request,
provide each other with information about their national security
standards, procedures and practices for the protection of
Classified Information. To this aim, the Competent Security
Authorities may conduct mutual visits.
2. The Competent Security Authorities shall inform each other
of exceptional security risks which may endanger the released
Classified Information.
3. On request, the Competent Security Authorities shall,
within the limits set up by their national legislation, assist
each other in carrying out security clearance procedures.
4. The Competent Security Authorities shall promptly inform
each other of any changes in mutually recognized Personnel
Security Clearances and Facility Security Clearances.
5. The co-operation under this Agreement shall be effected in
the English language unless otherwise agreed.
Article 10
BREACH OF SECURITY
1. In the event of a security breach resulting in unauthorised
disclosure, misappropriation or loss of Classified Information or
suspicion of such a breach, the Competent Security Authority of
the Recipient Party shall immediately inform the Competent
Security Authority of the Originating Party thereof in
writing.
2. The appropriate authorities of the Recipient Party assisted
by the appropriate authorities of the Originating Party, if
required, shall carry out an immediate investigation of the
incident in accordance with their national legislations. The
Recipient Party shall without delay inform the Originating Party
of the circumstances of the incident, the damage inflicted,
measures adopted for its mitigation and the outcome of the
investigation.
Article 11
EXPENSES
Each Party shall bear its own expenses incurred in the course
of the implementation of this Agreement.
Article 12
SETTLEMENT OF DISPUTES
Any dispute regarding the interpretation or application of
this Agreement shall be resolved by consultation between the
Parties and shall not be referred to any national or
international tribunal or Third Party for settlement.
Article 13
Final
ProvisionS
1. 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 the Parties inform each other that the internal
legal requirements necessary for its entry into force have been
fulfilled.
2. This Agreement may be terminated by either of the Parties
by written notice to the other Party through diplomatic channels.
In such a case, this Agreement shall expire six months after the
date of receipt of the notice on termination. Notwithstanding the
termination, all Classified Information transferred pursuant to
this Agreement shall continue to be protected according to the
provisions set forth herein, until the Originating Party
dispenses the Recipient Party from this obligation.
3. This Agreement may be amended at any time by a written
consent of both Parties. Such amendments shall enter into force
in accordance with paragraph 1 of this Article.
4. This Agreement does not prejudice the rights and
obligations of the Parties arising from other international
agreements.
5. Implementing arrangements may be concluded for the
implementation of this Agreement.
Done in Riga on 10 February 2010 in two original copies, each
in the Latvian, Slovenian and English languages, all texts being
equally authentic. In case of any divergence of interpretation,
the English text shall prevail.
In witness whereof the undersigned, being duly authorised
thereto, have signed this Agreement.
On behalf of the Government of the Republic of Latvia
Māris Riekstiņš
On behalf of the Government of the Republic of Slovenia
Samuel Žbogar