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1Stāšanās spēkā

2Šis Līgums stājas spēkā

3trīsdesmitajā dienā pēc pēdējā rakstiskā paziņojuma saņemšanas pa

4diplomātiskajiem kanāliem, ar kuru informē, ka Puses ir

5izpildījušas visas iekšējās procedūras.

6To apliecinot, šo Līgumu ir

7parakstījuši pilnvaroti šī Līguma parakstītāji.

8Līgums noslēgts Lisabonā 2007.gada

924.janvārī divos oriģinālos eksemplāros latviešu, portugāļu un

10angļu valodā, un visi teksti ir vienlīdz autentiski. Dažādu

11interpretāciju gadījumā noteicošais ir teksts angļu valodā.

12Latvijas

13Republikas vārdā

14Portugāles

15Republikas vārdā

16AGREEMENT FOR THE MUTUAL

17PROTECTION OF CLASSIFIED INFORMATION BETWEEN THE REPUBLIC OF

18LATVIA AND THE PORTUGUESE REPUBLIC

19The Republic of Latvia

20and

21the Portuguese Republic

22Hereinafter referred to as the

23"Parties",

24Recognising the need of both

25Parties to guarantee the protection of the Classified Information

26exchanged between them within the scope of the negotiations and

27cooperation agreements concluded, or to be concluded, as well as

28other contractual instruments from both, public or private

29entities of the Parties;

30Desiring to create a set of rules

31on the mutual protection of Classified Information exchanged

32between the Parties,

33Agree as follows:

34Article 1

35Object

36The present Agreement establishes

37the security rules applicable to all contractual instruments,

38which envisage the transmission of Classified Information, signed

39or to be signed between the adequate national authorities of both

40Parties or by organizations or companies duly authorized to that

41purpose.

42Article 2

43Scope of application

44The present Agreement sets out

45procedures for the protection of Classified Information exchanged

46between the Parties.

47Article 3

48Definitions

49For the purposes of the present

50Agreement:

51a) "Classified Information",

52means the information, documents and materials, regardless of

53their form, nature, and means of transmission, determined to

54require protection against unauthorised disclosure, which has

55been so designated by security classification, in accordance with

56the national Law in force of the Originating Party;

57b) "National Security

58Authority" means the authority designated by a Party as being

59responsible for the implementation and supervision of the present

60Agreement;

61c) "The Originating Party",

62means the Party, which gives or transmits Classified Information

63to the other Party;

64d) "The Receiving Party"

65means the Party to which Classified Information is given or

66transmitted to by the originating Party;

67e) "Third Party" means any

68international organisation or state that is not a Party to the

69present Agreement;

70f) "Classified Contract"

71means an agreement between two or more Contractors creating and

72defining enforceable rights and obligations between them, which

73contains or involves Classified Information;

74g) "Contractor" means an

75individual or a legal entity possessing the legal capacity to

76conclude Classified Contracts;

77h) "Personnel Security

78Clearance" means the determination by the National Security

79Authority or other relevant state authority that an individual is

80eligible to have access to Classified Information, in accordance

81with the respective national Law in force;

82i) "Facility Security

83Clearance" means the determination by the National Security

84Authority or other relevant state authority that, from a security

85point of view, a facility has the physical and organisational

86capability to use and deposit Classified Information, in

87accordance with the respective national Law in force;

88j) "Need-to-know" means a

89principle that the access to Classified Information that may only

90be granted to a person who has a verified requirement for

91knowledge of, or possession of such information in order to

92perform official and professional duties, within the framework of

93which the information was released to the Receiving Party;

94k) "Project Security

95Classification Guide" means the part of the project security

96instructions, which identifies the elements of the project that

97are classified, specifying the security classification

98levels.

99Article 4

100National Security Authorities

1011. The responsible National

102Security Authorities for the application of the present Agreement

103are:

104For the Republic of Latvia

105Constitution Protection Bureau

106Miera street 85a

107Riga, LV 1013

108Latvia

109For the Portuguese Republic:

110National Security Authority

111Presidency of the Council of

112Ministers

113Av. Ilha da Madeira, 1

1141400-204 Lisbon

115Portugal

1162. The Parties shall inform

117each other, through diplomatic channels, of any modification

118concerning their National Security Authorities.

1193. The National Security

120Authorities, without altering any obligations hereby agreed, may

121conclude arrangements for the technical implementation of the

122present Agreement.

123Article 5

124Security principles

1251. The protection and use of

126the Classified Information exchanged between the Parties is ruled

127by the following principles:

128a) The Receiving Party shall

129grant to the received Classified Information a level of

130protection equivalent to the markings expressly given to the

131Classified Information by the Originating Party;

132b) Access to Classified

133Information and to locations and facilities where classified

134activities are performed or where classified information is

135stored, is limited to persons who have been granted a Personnel

136Security Clearance for access to information classified

137KONFIDENCIĀLI / CONFIDENCIAL or above, and who, due to their

138functions or employment, have a Need-to-Know.

1392. In order to achieve and

140maintain comparable standards of security, the National Security

141Authorities shall, on request, provide each other with

142information about their security standards, procedures and

143practices for the protection of Classified Information.

144Article 6

145Security classifications and equivalences

146The Parties agree that the

147following security classification levels are equivalent and

148correspond to the security classification levels specified in the

149national Law in force of the respective Party:

150Republic of Latvia

151Portuguese Republic

152English

153SEVIŠĶI SLEPENI

154MUITO SECRETO

155TOP SECRET

156SLEPENI

157SECRETO

158SECRET

159KONFIDENCIĀLI

160CONFIDENCIAL

161CONFIDENTIAL

162DIENESTA VAJADZĪBĀM

163RESERVADO

164RESTRICTED

165Article 7

166Classification, reception, and alterations

1671. The Receiving Party shall

168mark the received Classified Information with its own equivalent

169security classification, in accordance with the equivalences

170referred in Article 6 of the present Agreement.

1712. The Parties shall mutually

172inform each other about all subsequent classification alterations

173to the Classified Information transmitted.

1743. The Receiving Party and/or

175entities from its State shall neither downgrade nor declassify

176the received Classified Information without the prior written

177consent of the Originating Party.

178Article 8

179Translation, reproduction and destruction

1801. Classified Information

181marked as SEVIŠĶI SLEPENI / MUITO SECRETO shall be translated and

182reproduced only upon the written permission of the National

183Security Authority of the Originating Party.

1842. Translations and

185reproductions of Classified Information shall be made in

186accordance with the following procedures:

187a) The individuals shall hold

188the appropriate Personnel Security Clearance;

189b) The translations and the

190reproductions shall be marked and placed under the same

191protection as the original information;

192c) The translations and the number

193of reproductions shall be limited to that required for official

194purposes;

195d) The translations shall bear an

196appropriate note in the language into which it is translated

197indicating that it contains Classified Information received from

198the Originating Party.

1993. Classified Information

200shall be destroyed or modified in such a manner so as to prevent

201reconstruction of the Classified Information in whole or in

202part.

2034. Classified Information

204marked as SEVIŠĶI SLEPENI / MUITO SECRETO shall not be destroyed

205and it shall be returned to the National Security Authority of

206the Originating Party, unless there is a case of immediate

207danger, in which such information may be destroyed without the

208prior written permission of the National Security Authority of

209the Originating Party, who shall be promptly notified of that

210event.

2115. Destruction of Classified

212Information marked as SLEPENI / SECRETO shall be notified to the

213Originating Party.

2146. Classified Information

215marked up to KONFIDENCIĀLI / CONFIDENCIAL, including, shall

216be destroyed in accordance with the respective national Law in

217force.

218Article 9

219Transmission between the Parties

2201. The Classified Information

221shall normally be transmitted between the Parties through

222diplomatic channels.

2232. If the use of such

224channels would be impractical or unduly delay receipt of the

225Classified Information, transmissions may be undertaken by

226appropriately security cleared personnel empowered with a courier

227certificate issued by the Party, which transmits the Classified

228Information.

2293. The Parties may transmit

230Classified Information by electronic means in accordance with

231security procedures mutually approved by National Security

232Authorities.

2334. Both National Security

234Authorities shall approve delivering of large items or quantities

235of Classified Information, arranged on a case-by-case basis.

2365. The Receiving Party shall

237confirm the reception, in writing, of the Classified Information

238and shall transmit it to the users.

239Article 10

240Use and compliance

2411. The transmitted Classified

242Information shall be used only for the purpose that it was

243transmitted for, under the agreements or any other contractual

244instruments signed between the Parties.

2452. Each Party shall inform

246its entities of the existence of the present Agreement, whenever

247Classified Information is involved.

2483. Each Party shall ensure

249that all entities, which received Classified Information, duly

250comply with the obligations of the present Agreement.

2514. The Receiving Party will

252not transmit the Classified Information to a Third Party, any

253individual or legal entity, which holds the nationality of a

254third State, without prior written authorization from the

255Originating Party.

256Article 11

257Security clearances

2581. On request, the National

259Security Authorities of the Parties, taking into account their

260respective national Law in force, shall assist each other during

261the clearance procedures of their citizens living or facilities

262located in the territory of the other Party, preceding the issue

263of the Personnel Security Clearance and the Facility Security

264Clearance.

2652. The Parties shall

266recognise the Personnel and Facility Security Clearance issued in

267accordance with the respective national Law in force of the other

268Party. The equivalence of the security clearances shall be in

269compliance with Article 6 of the present Agreement.

2703. The National Security

271Authorities shall communicate to each other any information

272related to changes of the Personnel and Facility Security

273Clearances, particularly concerning cases of withdrawal or

274downgrading of their classification level.

275Article 12

276Requirements for Classified Contracts

2771. One Party, wishing to

278place a Classified Contract with a Contractor of the other Party

279or wishing to authorise one its own Contractors to place a

280Classified Contract in the territory of the other Party within a

281classified project shall obtain, through its National Security

282Authority, prior written assurance from the National Security

283Authority of the other Party that the proposed Contractor holds a

284Facility Security Clearance of an appropriate level.

2852. The Contractor commits

286itself to:

287a) Ensure that its premises

288have adequate conditions for duly Classified Information;

289b) Have a proper level of

290security clearance granted to those premises;

291c) Have a proper level of

292Personnel Security Clearance granted to persons who perform

293functions that require access to Classified Information;

294d) Ensure that all persons

295with access to Classified Information are informed of their

296responsibility towards the protection of Classified Information,

297according to the national Law in force;

298e) Allow security inspections

299of their premises.

3003. Any subcontractor must

301fulfil the same security obligations as the Contractor.

3024. The National Security

303Authority holds the competence to assure the compliance of the

304Contractor with the commitments set in paragraph 2 of the present

305Article.

3065. As soon as

307pre-contractual negotiations begin between an entity located in

308the territory of one of the Parties and another entity located in

309the other Party's territory, aiming at the signing of Classified

310Contractual instruments, the National Security Authority of the

311Party in whose territory the Classified Contract will be

312performed shall inform the other Party of the security

313classification given to the Classified Information related to

314those pre-contractual negotiations.

3156. Every Classified Contract

316concluded between entities of the Parties, under the provisions

317of the present Agreement, shall include an appropriate security

318section identifying the following aspects:

319a) Project Security Classification

320Guide and list of Classified Information;

321b) Procedure for the communication

322of changes in the classification of information;

323c) Communication channels and

324means for electromagnetic transmission;

325d) Procedure for the

326transportation of Classified Information;

327e) Relevant authorities

328responsible for the co-ordination of the safeguarding of

329Classified Information related to the Contract;

330f) An obligation to notify any

331actual or suspected loss, leak or compromise of the Classified

332Information.

3337. Copy of the security

334section of any Classified Contract shall be forwarded to the

335National Security Authority of the Party where the Classified

336Contract is to be performed, to allow adequate security

337supervision and control.

3388. Representatives of the

339National Security Authorities may visit each other in order to

340analyse the efficiency of the measures adopted by a Contractor

341for the protection of Classified Information involved in a

342Classified Contract. Notice of the visit shall be provided, at

343least, thirty days in advance.

344Article 13

345Visits

3461. Visits entailing access to

347Classified Information by nationals from one Party to the other

348Party are subject to prior written authorisation given by the

349National Security Authority of the host Party.

3502. Visits entailing access to

351Classified Information shall be allowed by one Party to visitors

352from the other Party only if they have been:

353a) Granted appropriate Personnel

354Security Clearance by the National Security Authority or other

355relevant state authority of the requesting Party; and

356b) Authorised to receive or to

357have access to Classified Information on a Need-to- know basis,

358in accordance with the national Law in force.

3593. The National Security

360Authority of the requesting Party shall notify the National

361Security Authority of the host Party of the planned visit through

362a request for visit, which has to be received at least thirty

363days before the visit or visits take place.

3644. In urgent cases, the

365request for visit shall be transmitted at least seven days

366before.

3675. The request for visit

368shall include:

369a) Visitor's first and last

370name, place and date of birth, nationality, passport or ID card

371number;

372b) Name of the establishment,

373company or organisation the visitor represents or to which the

374visitor belongs;

375c) Name and address of the

376establishment, company or organisation to be visited;

377d) Certification of the

378visitor's Personnel Security Clearance and its validity;

379e) Objective and purpose of

380the visit or visits;

381f) Expected date and duration

382of the requested visit or visits. In case of recurring visits the

383total period covered by the visits should be stated;

384g) Name and phone number of

385the point of contact at the establishment or facility to be

386visited, previous contacts and any other information useful to

387determine the justification of the visit or visits;

388h) The date, signature and

389stamping of the official seal of the appropriate security

390authority.

3916. The National Security

392Authority of the Party that receives the request for visit

393examines and decides on the request and shall inform of its

394decision the National Security Authority of the requesting

395Party.

3967. Visits entailing access to

397Classified Information by nationals from a third State shall only

398be authorized by a common agreement between the Parties.

3998. Once the visit has been

400approved the National Security Authority of the host Party shall

401provide a copy of the request for visit to the security officers

402of the establishment, facility or organisation to be visited.

4039. The validity of visit

404authorisation shall not exceed twelve months.

405Article 14

406Recurring visits

4071. For any project, program

408or contract the Parties may agree to establish lists of

409authorized persons to make recurring visits. Those lists are

410valid for an initial period of twelve months.

4112. Once those lists have been

412approved by the Parties, the terms of the specific visits shall

413be directly arranged with the appropriate authorities of the

414organizations to be visited by those persons, in accordance with

415the terms and conditions agreed upon.

416Article 15

417Breach and compromise of security

4181. In case of breach or

419compromise of security that results in a certain or suspected

420compromise of Classified Information originated by or received

421from the other Party, the National Security Authority of the

422Party where the breach or compromise occurs shall inform the

423National Security Authority of the other Party, as soon as

424possible, and carry out the appropriate investigation.

4252. If a breach or compromise

426of security occurs in a State other than the Parties, the

427National Security Authority of the despatching Party shall take

428the actions prescribed in paragraph 1 of the present Article.

4293. The other Party shall, if

430required, co-operate in the investigation.

4314. In any case, the other

432Party shall be informed of the results of the investigation, in

433writing, including the reasons for the breach or the compromise

434of security, the extent of the damage and the conclusions of the

435investigation.

436Article 16

437Expenses

438Each Party shall bear its own

439expenses incurred in connection with the application and

440supervision of all aspects of the present Agreement.

441Article 17

442Settlement of Disputes

443Any dispute concerning the

444interpretation or application of the measures prescribed in the

445present Agreement shall be settled through diplomatic

446channels.

447Article 18

448Amendments

4491. The present Agreement may

450be amended on the basis of a mutual written consent of both

451Parties.

4522. The amendments shall enter

453into force in accordance with the terms specified in Article 20

454of the present Agreement.

455Article 19

456Duration and Termination

4571. The present Agreement

458shall remain in force for an indefinite period of time.

4592. Each Party may, at any time,

460terminate the present Agreement.

4613. The termination shall be

462notified, in writing and through diplomatic channels, producing

463its effects six months after the date of reception of the

464respective notification.

4654. Notwithstanding the

466termination, all Classified Information transferred pursuant to

467the present Agreement shall continue to be protected in

468accordance with the provisions set forth herein, until the

469Originating Party dispenses the Receiving Party from this

470obligation.

471Article 20

472Entry into force

473The present Agreement shall enter

474into force on the thirtieth day following the receipt of the last

475written notification through diplomatic channels, stating that

476all the internal procedures of both Parties have been

477fulfilled.

478In witness whereof, the

479undersigned, duly authorized thereto, have signed the present

480Agreement.

481Done at Lisbon, on January 24,

4822007, in two originals, each one in the Latvian, Portuguese and

483English languages, each text being equally authentic. In case of

484any divergence of interpretation the English text shall

485prevail.

486For the Republic of

487Latvia

488For the Portuguese

489Republic