15. pants

Nobeiguma noteikumi

1. Šis Līgums stājas spēkā datumā,

kad tiek saņemts pēdējais rakstiskais paziņojums, ar kuru Puses

pa diplomātiskiem kanāliem informē viena otru, ka ir izpildītas

visas nacionālo normatīvo aktu prasības, lai Līgums stātos

spēkā.

2. Šis Līgums ir noslēgts uz

pieciem (5) gadiem, un tā termiņš tiek automātiski pagarināts uz

nākamo piecu (5) gadu termiņu. Jebkura Puse var izbeigt šī Līguma

darbību, iesniedzot otrai Pusei sešus (6) mēnešus iepriekš

rakstisku paziņojumu par to. Neskatoties uz šī Līguma izbeigšanu,

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

tiek aizsargāta saskaņā ar šī Līguma noteikumiem, kamēr izcelsmes

Puse neatbrīvo saņēmēju Pusi no šīm saistībām.

3. Katra Puse nekavējoties informē

otru Pusi par jebkādiem grozījumiem tās nacionālos normatīvajos

aktos, kas šī Līguma ietvaros var ietekmēt klasificētās

informācijas aizsardzību. Šādā gadījumā Puses konsultējas, lai

izvērtētu šī Līguma iespējamos grozījumus. Līdz grozījumu

stāšanās spēkā klasificētā informācija tiek aizsargāta, kā tas ir

noteikts šajā Līgumā, ja vien izcelsmes Puse rakstiski nelūdz

rīkoties savādāk.

4. Šis Līgums var tikt grozīts,

Pusēm par to savstarpēji rakstiski vienojoties. Šādi grozījumi

stājas spēkā saskaņā ar šī panta 1.daļu.

Līgums noslēgts Madridē 2007.gada

12.jūnijā divos oriģinālos eksemplāros latviešu, angļu un spāņu

valodā, un visi teksti ir vienlīdz autentiski. Dažādu

interpretāciju gadījumā noteicošais ir teksts angļu valodā.

Latvijas Republikas vārdā

Spānijas Karalistes vārdā

AGREEMENT BETWEEN THE

REPUBLIC OF LATVIA

AND THE KINGDOM OF SPAIN

ON THE MUTUAL PROTECTION OF CLASSIFIED INFORMATION

The Republic of Latvia

and

the Kingdom of Spain

Hereafter referred to as

"Parties",

Being aware of the important role

of the co‑operation between the two countries for strengthening

the international security and peace,

Intending to ensure the mutual

protection of all Classified Information which has been

classified in one Party and transferred to the other Party,

Have agreed as follows:

Article 1

Applicability

1. This Agreement sets out

procedures for the protection of Classified Information exchanged

between the Parties and falling under the responsibility of the

respective National Security Authorities.

2. This Agreement may not be

invoked by either Party in order to obtain Classified Information

that the other Party has received from a Third Party.

Article 2

Definitions

For the purpose of this

Agreement:

1. "Classified Information" means

information, documents or materials classified by the competent

authorities according to national laws and regulations, which

require protection against unauthorised disclosure.

2. "Classified Material" means any

item of machinery or equipment, or device classified due to the

information that may be collected or originated by it and that

may affect national security.

3. "Classified Document" means any

recorded classified information regardless of physical form or

characteristics, e.g. written or printed matter (inter alia,

letter, drawing, plan), computer storage media (inter alia, hard

disc, diskette, chip, magnetic tape, CD), photograph and video

recording, optical or electronic reproduction of them.

4. "Receiving Party" means the

Party to which the Classified Information is transmitted.

5. "Originating Party" means the

Party initiating the Classified Information.

6. "National Security Authority"

means the authority designated by a Party as being responsible

for the implementation and supervision of this Agreement. Such

authorities are listed in Article 4 of this Agreement.

7. "Contractor" means an

individual or a legal entity possessing the legal capability to

undertake contracts.

8. "Classified Contract" means an

agreement between two or more Contractors creating and defining

enforceable rights and obligations between them, which contains

or involves Classified Information.

9. "Third Party" means any State

or international organisation, that is not Party to this

Agreement.

10. "Need to Know" means that

access to Classified Information may only be granted to a person

who has a verified need to know by virtue of his/her official and

professional duties, within the framework of which the

information was released to the Receiving Party.

Article 3

Security classifications

1. The security classifications

and their equivalents of the Parties are:

Republic of Latvia

Equivalent in English

Kingdom of Spain

SEVIŠĶI SLEPENI

TOP SECRET

SECRETO

SLEPENI

SECRET

RESERVADO

KONFIDENCIĀLI

CONFIDENTIAL

CONFIDENCIAL

DIENESTA VAJADZĪBĀM

RESTRICTED

DIFUSION LIMITADA

2. The Receiving Party shall

neither downgrade nor declassify the received classified

information without the prior written consent of the Originating

Party. The Originating Party shall inform the Receiving Party of

any changes in security classification of the exchanged

information.

Article 4

National security authorities

1. The National Security

Authorities of the Parties, responsible for the implementation

and supervision of this Agreement, are the following:

For the Republic of Latvia:

Constitution Protection Bureau

Miera 85ª

Riga, LV 1013

Latvia

For the Kingdom of Spain:

Secretary of State, Director of

the National Intelligence Centre

National Security Office

Avda. Padre Huidobro, s/n

28023 Madrid

Spain

2. In order to achieve and

maintain comparable standards of security, the respective

National Security Authorities shall, on request, provide each

other with information about their security standards, procedures

and practices for safeguarding Classified Information.

3. The National Security

Authorities may agree on implementation procedures to this

Agreement.

Article 5

Protection of classified information

The Receiving Party shall:

a) Not release Classified

Information to a Third Party nor to its nationals or private or

public entities, without prior written approval of the

Originating Party.

b) Grant the received Classified

Information the same level of protection as to their own

Classified Information of an equivalent classification degree, in

accordance with Article 3 of this Agreement.

c) Not use Classified Information

for other purpose than it was provided for.

d) Respect the intellectual

property rights and trade secrets that are involved in the

Classified Information.

Article 6

Access to classified information

Access to Classified Information

shall be limited to those persons who have a need-to-know, and

who have been security cleared by the National Security Authority

or other relevant authority of the Receiving Party, in accordance

with its national laws and regulations, corresponding to the

required security classification level of the information to be

accessed.

Article 7

General provisions on visits

1. Access to Classified

Information and to the places where Classified Contracts are

carried out will be granted to a national of the other Party in

case such person has previously obtained the authorisation from

the National Security Authority of the host country.

Such authorisation will be only

granted, through a Request for Visit, to the persons who have

been appropriately security cleared to handle Classified

Information.

2. Visits entailing access to

Classified Information by a national of a Third Party shall only

be authorised upon the written consent of the Originating

Party.

3. The Request for Visit should be

received by the host National Security Authority at least twenty

(20) working days before the planned date of the visit.

In urgent cases, the Request for

Visit could be transmitted at least five (5) working days before

the planned date of the visit.

4. The Request for Visit will

include at least the following data:

a) Name, date and place of birth,

nationality and passport or ID card number of the visitor.

b) Official post of the visitor

and name of the entity, factory and organisation he/she

represents.

c) Security clearance of the

visitor granted by his/her country.

d) Planned date of the visit. In

case of recurring visits the total period covered by the visits

should be stated.

e) Purpose of the visit.

f) Name and address of the

factories, facilities and establishments to be visited.

g) Name and address of the persons

to be visited.

5. The Request for Visit shall be

supported by a certification of the level to which each visitor

has been cleared by the National Security Authority or other

relevant authority of the visiting Party.

6. The Request for Visit,

including for recurring visits to a specified establishment,

facility or organisation in connection with a specific project or

a particular contract, may be made for a period not exceeding

twelve (12) months. When it is expected that a particular visit

shall not be completed within the approved period or that an

extension of the period for recurring visits is required, the

visiting Party shall submit a new Request for Visit through the

procedure described in this Article.

7. The National Security Authority

of the host Party shall inform the security officers of the

establishment, facility or organisation to be visited of data of

those persons in respect of whom approval has been given for a

visit. Visit arrangements for persons who have been approved for

a recurring visit may be made directly with the security officers

of the establishment, facility or organisation concerned.

8. All visitors shall comply with

the appropriate security regulations and relevant establishment

instructions of the host Party.

9. Each Party shall guarantee the

protection of personal data of the visitors according to the

respective national laws and regulations.

Article 8

Transmission of classified information

1. Classified Information shall be

transmitted between the Parties through diplomatic channels.

2. If the use of such channels

would be impractical or unduly delays receipt of the Classified

Information, transmissions may be undertaken by appropriately

security cleared personnel empowered with a courier certificate

issued by the Party which transmits the Classified

Information.

3. The Parties may transmit

Classified Information by electronic means in accordance with

security procedures mutually determined by the relevant

authorities.

4. Delivery of large items or

quantities of Classified Information arranged on a case by case

basis shall be approved by both National Security

Authorities.

5. Other means of transmission of

Classified Information may be used if approved by both National

Security Authorities.

Article 9

Reproduction and translation of classified information

1. Classified Information

marked as SEVIŠĶI SLEPENI/ TOP SECRET/ SECRETO shall be allowed

for reproduction only upon the written permission of the National

Security Authority of the Originating Party.

2. Classified Information

marked as SEVIŠĶI SLEPENI/ TOP SECRET/ SECRETO is allowed for its

automatic translation by the Receiving Party. The Originating

Party will be informed of such translation. However, any

reproduction of the translation will require prior written

consent of the Originating Party as stated in paragraph 1 of this

Article.

3. Translations and

reproductions of Classified Information shall be made by

individuals holding the appropriate Personnel Security Clearance.

They shall be marked and placed under the same protection as the

original information. The translation and number of copies shall

be limited to that required for official purposes.

4. Translation shall bear an

appropriate note in the language into which it is translated

indicating that it contains Classified Information received from

the Originating Party.

Article 10

Destruction

SEVIŠĶI SLEPENI/TOP SECRET/

SECRETO information and material shall not be destroyed. They

shall be returned to the respective National Security Authority

of the Originating Party. Remaining Classified Information shall

be destroyed in accordance with national laws and regulations.

For the destruction of SLEPENI/ SECRET/RESERVADO information,

prior written approval of the Originating Party is required.

Article 11

Classified contracts

1. Each Party, before the signing

of a Classified Contract, shall request the other Party to

certify that the institution or establishment under a Classified

Contract holds a Facility Security Clearance corresponding to the

required security classification level of the Classified

Information, and whether the persons involved in the Classified

Contract hold the appropriate Personnel Security Clearance.

2. The National Security

Authorities of the Parties shall inform each other of any changes

in Personnel and Facility Security Clearances, particularly in

the cases of withdrawal or downgrading.

3. Any subcontractor must fulfil

the same security obligations as the Contractor.

4. Every Classified Contract

signed under the provisions of this Agreement shall include a

security annex containing and specifying the following:

a) Classification guide and list

of Classified Information.

b) Procedure for the communication

of any changes in the levels of Classified Information.

c) Communication channels and

means for electromagnetic transmission.

d) Transportation procedure.

e) Relevant authorities for the

co-ordination of the security envisaged in a Classified Contract

and the dissemination of Classified Information.

5. Copy of the security section of

any Classified Contract shall be forwarded to the National

Security Authority of the Party where the work is to be

performed, to allow adequate security monitoring.

6. Representatives of the National

Security Authorities may periodically visit each other in order

to analyse the efficiency of the measures adopted by a Contractor

for the protection of Classified Information involved in a

Classified Contract. In this case, the date will be agreed

between the National Security Authorities, giving notice of this

fact thirty (30) days in advance.

Article 12

Breach of security

1. In case of a breach of security

that results in a certain or suspected compromise of Classified

Information received from the Originating Party, the National

Security Authority in whose State the compromise occurred shall

inform the National Security Authority of the other Party as soon

as possible and carry out the appropriate investigation. The

other Party shall, if required, co-operate in the

investigation.

2. In case the compromise occurs

in a State different from the Parties the National Security

Authority of the despatching Party shall take the actions as of

paragraph 1 of this Article.

3. The other 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 13

Dispute settlement

1. Any dispute related to the

interpretation or application of this Agreement shall be settled

by consultations between the Parties.

2. During the consultations both

Parties will continue fulfilling their obligations under the

present Agreement.

Article 14

Expanses

Each Party shall cover its own

expenses incurred in connection with the implementation and

supervision of this Agreement.

Article 15

Final provisions

1. This Agreement shall enter into

force on the date of receipt of the last written notification by

which the Parties inform each other through diplomatic channels

that the requirements of the national legislation for its entry

into force have been fulfilled.

2. This Agreement shall remain in

force for a five (5) - year period and shall be extended

automatically for new five (5) - year periods. Either Party may

terminate this Agreement at any time, by giving the other Party

six (6) months prior written notice. 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.

3. Each Party shall promptly

notify the other Party of any amendments to its laws and

regulations that would 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 the Parties. Such

amendments shall enter into force in accordance with paragraph 1

of this Article.

Done in Madrid on June 12, 2007 in

two original copies, each one in the Latvian, Spanish and English

languages, all texts being equally authentic. In case of

divergences of interpretation, the English text shall

prevail.

For the Republic

of Latvia

For the Kingdom

of Spain