17. pants
Spēkā · redakcija pārbaudīta 2026-05-18
Nobeiguma
noteikumi
1. Katra Puse, izmantojot diplomātiskos kanālus, paziņo otrai
Pusei, kad ir pabeigti nacionālie pasākumi, kas nepieciešami, lai
šis Līgums stātos spēkā. Šis Līgums stājas spēkā otrā mēneša
pirmajā dienā pēc minētā paziņojuma saņemšanas.
2. Šo Līgumu var jebkurā laikā grozīt ar Pušu savstarpēju,
rakstisku piekrišanu. Saskaņotie grozījumi stājas spēkā šā panta
pirmajā daļā noteiktajā kārtībā.
3. Pušu NDI un KDI var saskaņā ar šo Līgumu noslēgt papildu
vienošanās.
4. Šis Līgums ir spēkā līdz turpmākam paziņojumam. Puse var
izbeigt šo Līgumu, par to rakstiski paziņojot otrai Pusei,
izmantojot diplomātiskos kanālus, un izbeigšana stājas spēkā
sešus mēnešus pēc šāda paziņojuma saņemšanas. Šā Līguma
izbeigšanas gadījumā jebkura klasificēta informācija, kas jau ir
izstrādāta, nosūtīta un/vai nodota šā Līguma ietvaros, arī
turpmāk tiek apstrādāta saskaņā ar šā Līguma noteikumiem.
5. Pēc šā Līguma stāšanās spēkā Puse, kuras teritorijā ir
noslēgts Līgums, veic pasākumus, lai to reģistrētu Apvienoto
Nāciju Organizācijas Sekretariātā saskaņā ar ANO Statūtu
102. pantu. Šī Puse paziņo otrai Pusei par reģistrāciju un
ANO Līgumu sērijas reģistrācijas numuru, tiklīdz ANO Sekretariāts
to ir izdevis.
To apliecinot, Pušu pilnvarotie pārstāvji ir parakstījuši šo
Līgumu
Rīgā 2020. gada 16. decembrī, divos oriģināleksemplāros angļu
un latviešu valodā, visi teksti ir autentiski.
Latvijas Republikas vārdā:
Apvienotās Karalistes vārdā:
Jānis
Bordāns
tieslietu ministrs
Kīts
Šenons
Ārkārtējais un pilnvarotais vēstnieks
Latvijas Republikā
AGREEMENT
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF LATVIA
AND
THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND
CONCERNING THE PROTECTION OF CLASSIFIED INFORMATION
The Republic of Latvia and the United Kingdom of Great Britain
and Northern Ireland ("United Kingdom") (hereinafter
jointly referred to as "the Parties" or individually as
a "Party"), wishing to ensure the protection of
Classified Information generated by and/or exchanged between the
two Parties, or Contractors under their jurisdiction in either
the Latvia or United Kingdom, have, in the interests of the
national security of each Party, established the following
arrangements which are set out in this Agreement.
ARTICLE 1
Purpose
1. The purpose of this Agreement is to ensure the protection
of Latvian, United Kingdom, or jointly generated Classified
Information, which has been provided by one Party to the other,
exchanged between a Party and a Contractor under the jurisdiction
of the other Party, or between Contractors under the respective
Parties' different jurisdictions in accordance with national laws
and regulations. This Agreement sets out the security procedures
and arrangements for such protection.
2. Nothing in this Agreement shall be interpreted as binding a
Party in respect of Classified Information that is exclusively
its own.
ARTICLE 2
Definitions
For the purposes of this Agreement:
a) "Classified Contract" means a contract
(including a sub-contract), or pre-contractual negotiations,
which contains Classified Information or which involves access
to, or the generation, use or transmission of Classified
Information.
b) "Classified Information" means any
information or material of whatever form, nature or method of
transmission determined by a Party, or both Parties for jointly
generated information or material, to require protection against
unauthorised access, disclosure, misappropriation, loss or
compromise.
c) "Competent Security Authority" (CSA) means
a Government authority in a Party which is responsible for
implementing the provisions set out in this Agreement. A CSA may
also undertake some of the responsibilities of a NSA.
d) "Contractor" means any individual or legal
person with the capability to enter into contracts, other than a
Party to this Agreement.
e) "Facility" means an installation, plant,
factory, laboratory, office, university or other educational
institution or commercial undertaking (including any associated
warehouses, storage areas, utilities and components which, when
related by function and location, form an operating entity), and
any government department, agency or establishment.
f) "Facility Security Clearance" (FSC) means
a determination by a NSA or CSA of a Party that a Contractor
under its jurisdiction fulfils the conditions to access and
handle Classified Information in accordance with national laws
and regulations.
g) "National Security Authority" (NSA) means
the Government authority of a Party with ultimate responsibility
for the security of Classified Information in accordance with
this Agreement and the national laws and regulations that apply
to that authority. A NSA may also undertake some of the
responsibilities of a CSA.
h) "Need to Know" means the necessity for an
individual to have access to Classified Information in connection
with official duties and/or for the performance of a specific
task.
i) "Originating Party" means the Party that
provides Classified Information to the Receiving Party under this
Agreement.
j) "Personnel Security Clearance" (PSC) means
a determination by a NSA or CSA of a Party that an individual has
been security cleared to access and handle Classified Information
in accordance with its national laws and regulations.
k) "Receiving Party" means the Party that
receives Classified Information from the Originating Party under
this Agreement.
l) "Security Aspects Letter" (SAL) means a
document associated with a Classified Contract that identifies
each part of that Classified Contract which contains Classified
Information.
m) "Security Classification Level" means a
category assigned to Classified Information which indicates its
sensitivity, the degree of damage that might arise in the event
of unauthorised access or disclosure, misappropriation, loss or
compromise, and the level of protection to be applied to it by
the Parties.
n) "Security Incident" means an act or
omission contrary to national laws and regulations, which results
in the unauthorised access to, or disclosure, misappropriation,
loss or compromise of Classified Information protected under this
Agreement.
o) "Third Party" means any natural or legal
person who is neither bound to act in accordance with this
Agreement nor is subject to a Classified Contract.
ARTICLE 3
Security Authorities
1. The NSAs designated by the Parties are:
For the
Republic of Latvia
For the
United Kingdom
Constitution Protection
Bureau of the Republic of Latvia
UK National Security
Authority
Cabinet Office
2. Each NSA shall notify the other NSA in writing of the
relevant CSAs in their country before this Agreement enters into
force.
3. Each NSA shall notify the other NSA in writing of any
significant changes to their respective NSA or CSAs.
ARTICLE 4
Security Classification Levels
1. Any Classified Information provided, or jointly generated,
in written form under this Agreement shall be marked with the
appropriate Security Classification Level according to the
national laws and regulations of the Originating Party.
2. The Parties agree that their Security Classification Levels
shall correspond to one another as follows:
For the
Republic of Latvia
For the
United Kingdom
SEVIŠĶI SLEPENI
UK TOP SECRET
SLEPENI
UK SECRET
KONFIDENCIĀLI
No equivalent (see paragraph
3 of this Article)
DIENESTA VAJADZĪBĀM (see
paragraph 4 of this Article)
UK OFFICIAL-SENSITIVE
3. The United Kingdom shall afford Classified Information at
the level of KONFIDENCIĀLI the same degree of protection as it
would Classified Information at the level of UK SECRET.
4. DIENESTA VAJADZĪBĀM is a protective marking according to
Latvian national laws and regulations, but for the purposes of
this Agreement is considered and defined as Classified
Information. The United Kingdom shall afford such information the
same degree of protection as it would for Classified Information
at the level of UK OFFICIAL-SENSITIVE. Latvia shall afford UK
OFFICIAL-SENSITIVE Classified Information the same degree of
protection as it would for DIENESTA VAJADZĪBĀM information.
ARTICLE 5
Security Measures
1. The Parties shall take all appropriate measures applicable
under their national laws and regulations to protect Classified
Information.
2. The Originating Party shall ensure that the Receiving
Party, or the Contractor to which the Originating Party provides
the Classified Information, including where this is provided
orally, is informed of:
a) the Security Classification Level of the Classified
Information provided, including any conditions of release or
limitations on its use; and
b) any subsequent change in the Security Classification Level
of the Classified Information provided.
3. When the Originating Party provides Classified Information
to the Receiving Party, the Receiving Party shall:
a) afford such Classified Information the same degree of
protection as it affords its own Classified Information at the
corresponding Security Classification Level (as set out in
Article 4 of this Agreement);
b) ensure that the Security Classification Levels assigned to
Classified Information are not altered or revoked, except with
the prior written approval of the Originating Party;
c) ensure that such information is used solely for the purpose
for which it has been provided (unless the Originating Party
expressly consents in writing to a further or different use);
and
d) subject to Article 7 of this Agreement and applicable
national laws and regulations, not disclose Classified
Information to a Third Party or make such Classified Information
available to the public without the prior written approval of the
Originating Party.
4. In order to achieve and maintain comparable standards of
security, each NSA shall, on request, provide the other with
appropriate information about its national security policies,
standards, procedures and practices for safeguarding Classified
Information, and may for this purpose facilitate visits by
representatives of the other Party as appropriate.
5. Each NSA shall notify the other about any significant
change to their national laws and regulations which substantially
affects the protection of Classified Information exchanged under
this Agreement.
ARTICLE 6
Access to
Classified Information
1. Access to Classified Information shall be limited to
individuals who have a Need to Know and who have been
appropriately briefed on their responsibilities and obligations
to protect Classified Information.
2. Access to Classified Information at the SEVIŠĶI SLEPENI, UK
TOP SECRET, SLEPENI, UK SECRET or KONFIDENCIĀLI levels shall be
limited to individuals who have been granted an appropriate PSC.
As an exception, certain individuals may be allowed access to
Classified Information by virtue of their function if permitted
under their respective national laws and regulations.
3. For Latvian and British nationals requiring access to
Classified Information generated and/or exchanged under this
Agreement the PSC process shall be undertaken by their respective
NSA or CSA in accordance with national laws and regulations. If
applicable the NSA or CSA of the other Party shall provide
assistance in carrying out security investigations in accordance
with its national laws and regulations.
4. Access to Classified Information at the SEVIŠĶI SLEPENI or
UK TOP SECRET level by an individual who has been authorised to
access Classified Information to that level, in accordance with
paragraph 2 of this Article, and holding single British or
Latvian nationality, or holding dual British and Latvian
nationality, may be granted without the prior written approval of
the Originating Party. Access by individuals not holding one of
the nationalities as set out in this paragraph shall require the
prior written approval of the Originating Party.
5. Access to Classified Information at the UK SECRET, SLEPENI
or KONFIDENCIĀLI levels by an individual who has been authorised
to access Classified Information to at least that level, in
accordance with paragraph 2 of this Article, and holding either
single British or Latvian nationality, or holding dual
nationality where at least one part is British or Latvian, may be
granted without the prior written approval of the Originating
Party. Access by individuals not holding the nationalities as set
out in this paragraph shall require the prior written approval of
the Originating Party.
6. A PSC is not required for access to Classified Information
at the DIENESTA VAJADZĪBĀM or UK OFFICIAL-SENSITIVE level.
ARTICLE 7
Disclosure of Classified Information
1. Within the scope of national laws and regulations the
Receiving Party shall take all reasonable steps available to
prevent Classified Information being made available to the public
or being disclosed to a Third Party.
2. If there is any request or requirement to make any
Classified Information available to the public or for disclosure
to a Third Party the NSA of the Receiving Party shall immediately
notify the NSA of the Originating Party in writing, and both
Parties shall consult each other in writing before a disclosure
decision is taken by the Receiving Party.
ARTICLE 8
Transmission of Classified information
1. If a Party wishes to transmit Classified Information at the
SEVIŠĶI SLEPENI or UK TOP SECRET level in physical form it shall
make arrangements for the Classified Information to be
transmitted to the territory of the Receiving Party (or to the
territory of the recipient Contractor) through diplomatic
channels.
2. If a Party wishes to transmit Classified Information at the
SLEPENI, UK SECRET or KONFIDENCIĀLI levels in physical form it
shall make arrangements for the Classified Information to be
transmitted to the territory of the Receiving Party (or to the
territory of the recipient Contractor) through diplomatic
channels or through other means agreed upon by the NSAs or
relevant CSAs.
3. Where required by the Originating Party the Receiving Party
(or recipient Contractor) shall confirm in writing the receipt of
SEVIŠĶI SLEPENI, UK TOP SECRET, SLEPENI, UK SECRET or
KONFIDENCIĀLI Classified Information. To facilitate this, the
Originating Party shall include with the Classified Information a
receipt to be signed by the Receiving Party (or recipient
Contractor) to be returned to the Originating Party by a specific
date.
4. If a Party wishes to transmit Classified Information at the
DIENESTA VAJADZĪBĀM or UK OFFICIAL-SENSITIVE level in physical
form it may be transmitted to the territory of the Receiving
Party (or to the territory of the recipient Contractor) by postal
services, by commercial courier companies, by authorised personal
hand carriage, through diplomatic channels, or through other
means agreed upon by the NSAs or relevant CSAs.
5. If a Party wishes to transport a large volume of Classified
Information in physical form as freight it shall first ensure
that the means of transport, the route and any escort
requirements have been mutually agreed in advance by the NSAs or
relevant CSAs of the Parties and that these are set out in a
transport plan. This paragraph does not apply to transports at
the DIENESTA VAJADZĪBĀM or UK OFFICIAL-SENSITIVE level.
6. If a Party wishes to physically transmit Classified
Information to a final destination outside the territory of
either Party (other than to a Party's diplomatic mission) such
transmissions shall be subject to the prior written approval of
the Originating Party.
7. If a Party wishes to transmit Classified Information
electronically to the other Party it shall provide it in
encrypted form using cryptographic methods and means mutually
accepted by the Parties.
8. If the United Kingdom wishes to transmit Classified
Information electronically at the UK OFFICIAL-SENSITIVE level to
Latvia it may exceptionally do so in clear text provided suitable
cryptographic methods and means are not available and if
permitted by the relevant CSA of the United Kingdom. Any
Classified Information marked UK OFFICIAL-SENSITIVE that is
transmitted by the United Kingdom to Latvia in clear text shall
fall under the Latvian Freedom of Information Law and,
notwithstanding paragraph 3(a) of Article 5 of this Agreement,
shall be considered to be equivalent to Latvian information
marked IEROBEŽOTA PIEEJAMĪBA and protected accordingly.
9. The NSAs of the Parties may authorise CSAs of the
respective Parties to mutually agree alternative transmission
methods to exchange Classified Information to those required by
this Article.
ARTICLE 9
Translation, Reproduction and Destruction of Classified
Information
1. Translations and reproductions of Classified Information
shall retain the security classification marking that was applied
to the original and be protected accordingly. Such translations
and reproductions shall be limited to the minimum required for an
official purpose and shall be made only by individuals who have
access to Classified Information in accordance with Article 6 of
this Agreement.
2. Translations shall contain a suitable annotation, in the
language into which they have been translated, indicating that
they contain Classified Information of the other Party.
3. Classified Information at the SEVIŠĶI SLEPENI or UK TOP
SECRET level shall not be translated or reproduced by the
Receiving Party without the prior written approval of the
Originating Party.
4. When no longer required, and if not otherwise prescribed,
Classified Information shall be destroyed in accordance with the
standards and methods the Receiving Party would apply to its
Classified Information at the corresponding Security
Classification Level. The Originating Party shall be informed
about the destruction of Classified Information at the SEVIŠĶI
SLEPENI or UK TOP SECRET level.
5. If a crisis situation makes it impossible to protect
Classified Information then it shall be destroyed using any
appropriate means as soon as is practicable in order to avoid a
Security Incident. The NSA or CSA of the Receiving Party shall
notify the NSA or relevant CSA of the Originating Party in
writing as soon as possible if Classified Information has been
destroyed in a crisis situation.
6. The Originating Party may prohibit the translation,
reproduction or destruction of Classified Information by giving
it an appropriate marking, attaching a written notice or
providing handling instructions to the Receiving Party.
ARTICLE 10
Security Co-operation
1. The NSA and CSAs of a Party shall, where necessary and in
accordance with their national laws and regulations, provide
assistance and cooperation to the NSA or CSAs of the other Party
in the process of issuing FSCs and PSCs.
2. When a Party, whether on behalf of itself or a Contractor,
requests the issue of a FSC or requires confirmation of an
existing FSC related to a Contractor under the jurisdiction of
the other Party, its NSA or CSA shall submit a formal written
request to the NSA or relevant CSA of that Party, providing at
least the following information:
a) Name of the Contractor;
b) Address of the Contractor;
c) Identifying details of the relevant Contractor
Facility;
d) Reason for the request and the FSC level required; and
e) Contact details of the requesting NSA or CSA (including a
named individual and their position).
3. When a Party, whether on behalf of itself or a Contractor,
requests the issue of a PSC or requires confirmation of an
existing PSC, the NSA or CSA of the Party requesting the issue or
requiring confirmation shall submit a formal written request to
the NSA or relevant CSA of the other Party, providing at least
the following information:
a) Full name of the individual;
b) Date and place of birth of the individual;
c) Nationality or nationalities of the individual;
d) Name of the organisation or Contractor which employs the
individual;
e) Reason for the request and the minimum PSC level required;
and
f) Contact details of the requesting NSA or CSA (including a
named individual and their position).
4. On receipt of a request submitted in accordance with
paragraphs 2 or 3 of this Article, the NSA or CSA receiving the
request shall provide the requesting NSA or CSA with details of
the relevant FSC or PSC, the date of expiry of the FSC or PSC,
and the Security Classification Level to which the respective
clearance permits access.
5. A NSA or CSA of a Party may, on providing a valid reason,
request the NSA or a CSA of the other Party to undertake a review
of any FSC or PSC it has issued. On completion of such a review,
the NSA or CSA which undertook the review shall notify the
requesting NSA or CSA of the results.
6. If, in accordance with its national laws and regulations, a
NSA or CSA withdraws or downgrades a FSC or PSC previously issued
to a Contractor or individual for which or for whom a
confirmation has been provided, they shall notify the NSA or CSA
of the other Party in writing as soon as is practicable.
ARTICLE 11
Classified Contracts
1. If a Party proposes to place a Classified Contract
involving Classified Information at the SEVIŠĶI SLEPENI, UK TOP
SECRET, SLEPENI, UK SECRET or KONFIDENCIĀLI levels with a
Contractor under the jurisdiction of the other Party, the NSA or
CSA of the Party proposing the contract shall first obtain
written confirmation from the NSA or CSA of the other Party, in
accordance with Article 10 of this Agreement, that the Contractor
and its relevant personnel have been granted a FSC or PSC to at
least the appropriate Security Classification Level.
2. The NSA or CSA which has granted a FSC or PSC shall be
responsible, in accordance with its national laws and
regulations, for monitoring the security conduct of the
Contractor to which, or individual to whom it applies.
3. Unless mutually agreed by the Parties and subject to
paragraph 4 of this Article, a Party entering or proposing to
enter into a Classified Contract involving Classified Information
of the other Party at the SEVIŠĶI SLEPENI, UK TOP SECRET,
SLEPENI, UK SECRET or KONFIDENCIĀLI levels shall ensure that the
Contractor is legally obliged to afford the other Party's
Classified Information received the same degree of protection as
the Receiving Party is required to afford it under this
Agreement.
4. A Party shall ensure that a Classified Contract involving
Classified Information at the SEVIŠĶI SLEPENI, UK TOP SECRET,
SLEPENI, UK SECRET or KONFIDENCIĀLI levels includes the following
provisions:
a) a reference to this Agreement, the definition of the term
"Classified Information" as set out in Article 2 of
this Agreement, and the table of the equivalent Security
Classification Levels of the Parties as set out in Article 4 of
this Agreement;
b) that Classified Information generated and/or provided as a
consequence of the Classified Contract shall be protected in
accordance with the applicable laws and regulations;
c) that the Contractor shall handle the Classified Information
of the other Party (including where this is generated by the
Contractor) in the same way as a Receiving Party as set out in
paragraph 3 of Article 5 of this Agreement;
d) that, in accordance with Article 6 of this Agreement, the
Contractor shall disclose the Classified Information only to
individuals who have a Need to Know, have been granted access to
Classified Information in accordance with its national laws and
regulations, have been briefed on their responsibilities, and
have been charged with the performance of any tasks or duties in
relation to the Classified Contract;
e) that, unless required by applicable national laws and
regulations, the Contractor shall not disclose, or permit the
disclosure of, Classified Information relating to the Classified
Contract to a Third Party or make it available to the public;
f) that, if the Contractor receives any request to disclose to
a Third Party any Classified Information protected as a result of
the Classified Contract, or a request to make such information
available to the public, the Contractor shall notify their NSA or
CSA responsible for overseeing the Classified Contract in
writing, if possible prior to disclosing such information; in
such case the NSA or CSA responsible for overseeing the
Classified Contract shall notify the NSA or CSA of the
Originating Party;
g) that Classified Information relating to the Classified
Contract is to be used solely for the purpose for which it has
been provided, or as further expressly approved by the
Originating Party in writing;
h) the channels to be used for the transmission of the
Classified Information, which shall be in accordance with Article
8 of this Agreement;
i) the procedures for the translation, reproduction and
destruction of the Classified Information, which shall be in
accordance with Article 9 of this Agreement;
j) that in accordance the applicable national laws and
regulations, the Facility of the Contractor which will hold
Classified Information has been granted an appropriate FSC;
k) that the Contractor shall provide the NSA or CSA
responsible for overseeing the Classified Contract with
information about its security policies, standards, procedures
and practices for protecting Classified Information and shall for
this purpose facilitate visits to its Facility by the
representatives of the NSA or CSA responsible for overseeing the
Classified Contract;
l) details of the procedures for the approval of visits. Where
the visit concerns access to Classified Information at the
SEVIŠĶI SLEPENI, UK TOP SECRET, SLEPENI, UK SECRET or
KONFIDENCIĀLI levels the Contractor shall be required to submit a
request to the NSA or CSA with responsibility for overseeing the
Classified Contract in order to enable that NSA or CSA to submit
a request for visit in accordance with Article 12 of this
Agreement;
m) details of the procedures and mechanisms for communicating
changes that may arise in respect of Classified Information
(including changes in its Security Classification Level) or where
protection is no longer necessary;
n) the requirement that the Contractor shall immediately
notify its NSA or CSA with responsibility for overseeing the
safeguarding of the Classified Information related to the
Classified Contract of any actual or suspected Security Incident
related to the Classified Contract and take all reasonable steps
to assist in mitigating the effects of such a Security Incident;
and
o) that should a Contractor sub-contract all or part of the
Classified Contract, that Contractor shall include substantially
the same provisions as set out in this Article (including this
paragraph) in any sub-contract that involves access to Classified
Information.
5. Classified Contracts involving Classified Information
marked SEVIŠĶI SLEPENI, UK TOP SECRET, SLEPENI, UK SECRET or
KONFIDENCIĀLI shall be supported by a Security Aspects Letter
(SAL) which identifies the security requirements and/or
classified aspects of the contract.
6. The Party awarding or authorising the award of a Classified
Contract involving Classified Information at the SEVIŠĶI SLEPENI,
UK TOP SECRET, SLEPENI, UK SECRET or KONFIDENCIĀLI levels shall
pass a copy of the SAL to the relevant NSA or CSA of the Party
responsible for facilitating the security monitoring of the
contract.
7. Where changes are proposed to the security requirements of
the Classified Contract, the relevant NSA or CSA of the
Contractor shall be notified in writing.
8. Paragraphs 1 to 6 of this Article do not apply to
Classified Contracts that are limited to Classified Information
at the DIENESTA VAJADZĪBĀM or UK OFFICIAL-SENSITIVE level.
Classified Contracts that are limited to Classified Information
at this Security Classification Level shall contain an
appropriate clause identifying the minimum measures to be applied
for the protection of such Classified Information. A FSC is not
required for Classified Contracts that are limited to Classified
Information at the DIENESTA VAJADZĪBĀM or UK OFFICIAL-SENSITIVE
level.
ARTICLE 12
Visits
1. If a Government official of a Party is required to visit a
Government Facility which is under the jurisdiction of the other
Party, and this visit will or may involve access to Classified
Information at the SEVIŠĶI SLEPENI, UK TOP SECRET, SLEPENI, UK
SECRET or KONFIDENCIĀLI levels, the NSA or CSA of the proposed
visitor shall ensure that details of the visitor's authorisation
to access Classified Information are submitted to the NSA or
relevant CSA of the host Facility prior to the visit. The NSA or
relevant CSA of the host Facility shall then confirm the
visitor's authorisation to the Facility prior to the visit.
2. If a Government official of a Party is required to visit a
Facility of a Contractor which has been issued a FSC by the other
Party, and this visit will or may involve the access to
Classified Information at the SEVIŠĶI SLEPENI, UK TOP SECRET,
SLEPENI, UK SECRET or KONFIDENCIĀLI levels, the procedure set out
in paragraphs 3, 4 and 5 of this Article shall be followed.
3. For visits described in Paragraph 2 of this Article, a
request for visit shall be submitted by the NSA or CSA of the
proposed visitor to the NSA or relevant CSA of the host Facility
at least 20 working days in advance of the proposed visit (or as
otherwise agreed between the NSAs or relevant CSAs). The request
for visit shall include at least the following information:
a) Visitor's full name, place and date of birth,
nationality, passport (or other relevant identity document)
number;
b) Official job title of the visitor, the name of the
organisation they represent, and, if applicable, a description of
the Classified Contract/programme in which they are participating
and which is the subject of the visit;
c) Date and duration of the requested visit or visits. In the
case of recurring visits the total period covered by the visits
shall be stated;
d) Purpose of visit(s) and subject(s) to be discussed;
e) Name, address, telephone number, and e-mail address of the
point of contact of the Facility to be visited;
f) The anticipated Security Classification Level of the
Classified Information to be discussed or accessed;
g) Confirmation of the level and date of expiry of the
visitor's PSC or a statement confirming their authorisation to
access Classified Information in accordance with the exception in
paragraph 2 of Article 6 of this Agreement; and
h) A dated signature of a representative of the visitor's NSA
or CSA. The representative shall not be the same person as the
visitor.
4. Visits shall only take place when the request for visit (as
described in paragraph 3 of this Article) has been authorised by
the NSA or relevant CSA of the host Facility.
5. For specific Classified Contracts or programmes it may be
possible, subject to the prior approval of the NSAs or relevant
CSAs of both Parties, to establish a recurring visitor list. Such
a list allows individuals to visit a specified Facility more than
once without further written authorisation. Such a list shall be
valid for a period not exceeding 12 months (from the date of
authorisation) and may be extended for further periods of time
subject to the prior approval of the NSAs or relevant CSAs.
Recurring visitor lists shall be submitted and authorised in
accordance with paragraphs 3 and 4 of this Article. Once such a
list has been authorised, visit arrangements may be determined
directly between the visitor and host Facility without the
further involvement of the NSAs or CSAs.
6. The NSAs or CSAs of both Parties may mutually determine and
agree that alternative visit procedures to those described in
paragraphs 3 to 5 of this Article may be adopted for specific
Classified Contracts or programmes. Any alternative visit
procedures shall be agreed and documented by the NSAs or relevant
CSAs in writing.
7. Visits relating solely to accessing Classified Information
at the DIENESTA VAJADZĪBĀM or UK OFFICIAL-SENSITIVE level shall
be arranged directly between the visitor and the host Facility to
be visited without the involvement of the NSAs or CSAs.
8. Whilst the United Kingdom shall afford Classified
Information at the level of KONFIDENCIĀLI the same level of
protection as it would Classified Information at the level of UK
SECRET, as provided for in paragraph 3 of Article 4, should a
visitor with a KONFIDENCIĀLI level PSC issued by Latvia require
access to KONFIDENCIĀLI Classified Information at a United
Kingdom Facility the United Kingdom shall permit access to this
information provided the visitor also has a Need to Know.
ARTICLE 13
Security Incidents
1. Subject to paragraph 2 of this Article, any actual or
suspected Security Incident occurring in the territory of a
Party, or at a Facility for which a Party is responsible
(including that Party's diplomatic mission), shall be
investigated immediately by that Party.
2. If a Security Incident is confirmed by the investigating
Party, that Party shall take appropriate measures according to
its applicable national laws and regulations to limit the
consequences of the incident and prevent a recurrence.
3. If a Security Incident has resulted in the compromise of
Classified Information the NSA or relevant CSA of the Party in
whose territory the incident occurred, or the NSA or relevant CSA
of the Facility for which a Party is responsible, shall inform
the other NSA or CSA of the outcome of the investigation in
writing as soon as is practicable.
ARTICLE 14
Costs
Each Party shall bear its own costs incurred in the course of
implementing its obligations under this Agreement.
ARTICLE 15
Resolution of Disputes
Any dispute or disagreement between the Parties on the
interpretation or application of this Agreement, or any other
dispute or disagreement arising out of this Agreement, shall be
resolved exclusively by means of consultation between the Parties
without recourse to any outside jurisdiction.
ARTICLE 16
Protection of UK CONFIDENTIAL and UK RESTRICTED Classified
Information
1. Unless the United Kingdom has notified Latvia in writing
that it has downgraded or declassified the information, Latvia
shall afford any UK CONFIDENTIAL Classified Information it holds
the same degree of protection as Classified Information at the
KONFIDENCIĀLI level.
2. Unless the United Kingdom has notified Latvia in writing
that it has declassified the information Latvia shall afford any
UK RESTRICTED Classified Information it holds same degree of
protection as Classified Information at the DIENESTA VAJADZĪBĀM
level.
ARTICLE 17
Final Provisions
1. Each Party shall notify the other Party through diplomatic
channels once the national measures necessary for entry into
force of this Agreement have been completed. This Agreement shall
enter into force on the first day of the second month following
the receipt of the later notification.
2. This Agreement may be amended with the mutual, written
consent of the Parties at any time. Agreed amendments shall enter
into force in accordance with the procedure set out in paragraph
1 of this Article.
3. The NSAs and CSAs of the Parties may conclude implementing
arrangements pursuant to this Agreement.
4. This Agreement shall remain in force until further notice.
A Party may terminate this Agreement by written notification
delivered to the other Party through diplomatic channels, the
termination taking effect six months after such notification is
received. In the event of termination of this Agreement, any
Classified Information already generated, transmitted and/or
provided under this Agreement shall continue to be treated in
accordance with the provisions of this Agreement.
5. After the entry into force of this Agreement, the Party in
whose territory the Agreement is concluded shall take measures to
have the Agreement registered by the Secretariat of the United
Nations in accordance with Article 102 of the UN Charter. That
Party shall notify the other Party of the registration and of the
registration number in the UN Treaty Series as soon as the UN
Secretariat has issued it.
In witness whereof the duly authorised representatives of the
Parties have signed this Agreement,
In Riga on the 16 day of December 2020 in two original copies,
in the English and Latvian languages, each text being equally
authentic.
For the Republic of
Latvia:
For the United Kingdom:
Jānis
Bordāns
Minister of Justice
Keith
Shannon
Ambassador Extraordinary and Plenipotentiary of the United
Kingdom of Great Britain and Northern Ireland to the Republic
of Latvia