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Līgums noslēgts Lisabonā 2007.gada

24.janvārī divos oriģinālos eksemplāros latviešu, portugāļu un

angļu valodā, un visi teksti ir vienlīdz autentiski. Dažādu

interpretāciju gadījumā noteicošais ir teksts angļu valodā.

Latvijas

Republikas vārdā

Portugāles

Republikas vārdā

AGREEMENT FOR THE MUTUAL

PROTECTION OF CLASSIFIED INFORMATION BETWEEN THE REPUBLIC OF

LATVIA AND THE PORTUGUESE REPUBLIC

The Republic of Latvia

and

the Portuguese Republic

Hereinafter referred to as the

"Parties",

Recognising the need of both

Parties to guarantee the protection of the Classified Information

exchanged between them within the scope of the negotiations and

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

other contractual instruments from both, public or private

entities of the Parties;

Desiring to create a set of rules

on the mutual protection of Classified Information exchanged

between the Parties,

Agree as follows:

Article 1

Object

The present Agreement establishes

the security rules applicable to all contractual instruments,

which envisage the transmission of Classified Information, signed

or to be signed between the adequate national authorities of both

Parties or by organizations or companies duly authorized to that

purpose.

Article 2

Scope of application

The present Agreement sets out

procedures for the protection of Classified Information exchanged

between the Parties.

Article 3

Definitions

For the purposes of the present

Agreement:

a) "Classified Information",

means the information, documents and materials, regardless of

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

require protection against unauthorised disclosure, which has

been so designated by security classification, in accordance with

the national Law in force of the Originating Party;

b) "National Security

Authority" means the authority designated by a Party as being

responsible for the implementation and supervision of the present

Agreement;

c) "The Originating Party",

means the Party, which gives or transmits Classified Information

to the other Party;

d) "The Receiving Party"

means the Party to which Classified Information is given or

transmitted to by the originating Party;

e) "Third Party" means any

international organisation or state that is not a Party to the

present Agreement;

f) "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;

g) "Contractor" means an

individual or a legal entity possessing the legal capacity to

conclude Classified Contracts;

h) "Personnel Security

Clearance" means the determination by the National Security

Authority or other relevant state authority that an individual is

eligible to have access to Classified Information, in accordance

with the respective national Law in force;

i) "Facility Security

Clearance" means the determination by the National Security

Authority or other relevant state authority that, from a security

point of view, a facility has the physical and organisational

capability to use and deposit Classified Information, in

accordance with the respective national Law in force;

j) "Need-to-know" means a

principle that the access to Classified Information that may only

be granted to a person who has a verified requirement for

knowledge of, or possession of such information in order to

perform official and professional duties, within the framework of

which the information was released to the Receiving Party;

k) "Project Security

Classification Guide" means the part of the project security

instructions, which identifies the elements of the project that

are classified, specifying the security classification

levels.

Article 4

National Security Authorities

1. The responsible National

Security Authorities for the application of the present Agreement

are:

For the Republic of Latvia

Constitution Protection Bureau

Miera street 85a

Riga, LV 1013

Latvia

For the Portuguese Republic:

National Security Authority

Presidency of the Council of

Ministers

Av. Ilha da Madeira, 1

1400-204 Lisbon

Portugal

2. The Parties shall inform

each other, through diplomatic channels, of any modification

concerning their National Security Authorities.

3. The National Security

Authorities, without altering any obligations hereby agreed, may

conclude arrangements for the technical implementation of the

present Agreement.

Article 5

Security principles

1. The protection and use of

the Classified Information exchanged between the Parties is ruled

by the following principles:

a) The Receiving Party shall

grant to the received Classified Information a level of

protection equivalent to the markings expressly given to the

Classified Information by the Originating Party;

b) Access to Classified

Information and to locations and facilities where classified

activities are performed or where classified information is

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

Security Clearance for access to information classified

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

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

2. In order to achieve and

maintain comparable standards of security, the National Security

Authorities shall, on request, provide each other with

information about their security standards, procedures and

practices for the protection of Classified Information.

Article 6

Security classifications and equivalences

The Parties agree that the

following security classification levels are equivalent and

correspond to the security classification levels specified in the

national Law in force of the respective Party:

Republic of Latvia

Portuguese Republic

English

SEVIŠĶI SLEPENI

MUITO SECRETO

TOP SECRET

SLEPENI

SECRETO

SECRET

KONFIDENCIĀLI

CONFIDENCIAL

CONFIDENTIAL

DIENESTA VAJADZĪBĀM

RESERVADO

RESTRICTED

Article 7

Classification, reception, and alterations

1. The Receiving Party shall

mark the received Classified Information with its own equivalent

security classification, in accordance with the equivalences

referred in Article 6 of the present Agreement.

2. The Parties shall mutually

inform each other about all subsequent classification alterations

to the Classified Information transmitted.

3. The Receiving Party and/or

entities from its State shall neither downgrade nor declassify

the received Classified Information without the prior written

consent of the Originating Party.

Article 8

Translation, reproduction and destruction

1. Classified Information

marked as SEVIŠĶI SLEPENI / MUITO SECRETO shall be translated and

reproduced only upon the written permission of the National

Security Authority of the Originating Party.

2. Translations and

reproductions of Classified Information shall be made in

accordance with the following procedures:

a) The individuals shall hold

the appropriate Personnel Security Clearance;

b) The translations and the

reproductions shall be marked and placed under the same

protection as the original information;

c) The translations and the number

of reproductions shall be limited to that required for official

purposes;

d) The translations shall bear an

appropriate note in the language into which it is translated

indicating that it contains Classified Information received from

the Originating Party.

3. Classified Information

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

reconstruction of the Classified Information in whole or in

part.

4. Classified Information

marked as SEVIŠĶI SLEPENI / MUITO SECRETO shall not be destroyed

and it shall be returned to the National Security Authority of

the Originating Party, unless there is a case of immediate

danger, in which such information may be destroyed without the

prior written permission of the National Security Authority of

the Originating Party, who shall be promptly notified of that

event.

5. Destruction of Classified

Information marked as SLEPENI / SECRETO shall be notified to the

Originating Party.

6. Classified Information

marked up to KONFIDENCIĀLI / CONFIDENCIAL, including, shall

be destroyed in accordance with the respective national Law in

force.

Article 9

Transmission between the Parties

1. The Classified Information

shall normally be transmitted between the Parties through

diplomatic channels.

2. If the use of such

channels would be impractical or unduly delay 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 approved by National Security

Authorities.

4. Both National Security

Authorities shall approve delivering of large items or quantities

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

5. The Receiving Party shall

confirm the reception, in writing, of the Classified Information

and shall transmit it to the users.

Article 10

Use and compliance

1. The transmitted Classified

Information shall be used only for the purpose that it was

transmitted for, under the agreements or any other contractual

instruments signed between the Parties.

2. Each Party shall inform

its entities of the existence of the present Agreement, whenever

Classified Information is involved.

3. Each Party shall ensure

that all entities, which received Classified Information, duly

comply with the obligations of the present Agreement.

4. The Receiving Party will

not transmit the Classified Information to a Third Party, any

individual or legal entity, which holds the nationality of a

third State, without prior written authorization from the

Originating Party.

Article 11

Security clearances

1. On request, the National

Security Authorities of the Parties, taking into account their

respective national Law in force, shall assist each other during

the clearance procedures of their citizens living or facilities

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

of the Personnel Security Clearance and the Facility Security

Clearance.

2. The Parties shall

recognise the Personnel and Facility Security Clearance issued in

accordance with the respective national Law in force of the other

Party. The equivalence of the security clearances shall be in

compliance with Article 6 of the present Agreement.

3. The National Security

Authorities shall communicate to each other any information

related to changes of the Personnel and Facility Security

Clearances, particularly concerning cases of withdrawal or

downgrading of their classification level.

Article 12

Requirements for Classified Contracts

1. One Party, wishing to

place a Classified Contract with a Contractor of the other Party

or wishing to authorise one its own Contractors to place a

Classified Contract in the territory of the other Party within a

classified project shall obtain, through its National Security

Authority, prior written assurance from the National Security

Authority of the other Party that the proposed Contractor holds a

Facility Security Clearance of an appropriate level.

2. The Contractor commits

itself to:

a) Ensure that its premises

have adequate conditions for duly Classified Information;

b) Have a proper level of

security clearance granted to those premises;

c) Have a proper level of

Personnel Security Clearance granted to persons who perform

functions that require access to Classified Information;

d) Ensure that all persons

with access to Classified Information are informed of their

responsibility towards the protection of Classified Information,

according to the national Law in force;

e) Allow security inspections

of their premises.

3. Any subcontractor must

fulfil the same security obligations as the Contractor.

4. The National Security

Authority holds the competence to assure the compliance of the

Contractor with the commitments set in paragraph 2 of the present

Article.

5. As soon as

pre-contractual negotiations begin between an entity located in

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

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

Contractual instruments, the National Security Authority of the

Party in whose territory the Classified Contract will be

performed shall inform the other Party of the security

classification given to the Classified Information related to

those pre-contractual negotiations.

6. Every Classified Contract

concluded between entities of the Parties, under the provisions

of the present Agreement, shall include an appropriate security

section identifying the following aspects:

a) Project Security Classification

Guide and list of Classified Information;

b) Procedure for the communication

of changes in the classification of information;

c) Communication channels and

means for electromagnetic transmission;

d) Procedure for the

transportation of Classified Information;

e) Relevant authorities

responsible for the co-ordination of the safeguarding of

Classified Information related to the Contract;

f) An obligation to notify any

actual or suspected loss, leak or compromise of the Classified

Information.

7. Copy of the security

section of any Classified Contract shall be forwarded to the

National Security Authority of the Party where the Classified

Contract is to be performed, to allow adequate security

supervision and control.

8. Representatives of the

National Security Authorities may 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. Notice of the visit shall be provided, at

least, thirty days in advance.

Article 13

Visits

1. Visits entailing access to

Classified Information by nationals from one Party to the other

Party are subject to prior written authorisation given by the

National Security Authority of the host Party.

2. Visits entailing access to

Classified Information shall be allowed by one Party to visitors

from the other Party only if they have been:

a) Granted appropriate Personnel

Security Clearance by the National Security Authority or other

relevant state authority of the requesting Party; and

b) Authorised to receive or to

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

in accordance with the national Law in force.

3. The National Security

Authority of the requesting Party shall notify the National

Security Authority of the host Party of the planned visit through

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

days before the visit or visits take place.

4. In urgent cases, the

request for visit shall be transmitted at least seven days

before.

5. The request for visit

shall include:

a) Visitor's first and last

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

number;

b) Name of the establishment,

company or organisation the visitor represents or to which the

visitor belongs;

c) Name and address of the

establishment, company or organisation to be visited;

d) Certification of the

visitor's Personnel Security Clearance and its validity;

e) Objective and purpose of

the visit or visits;

f) Expected date and duration

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

total period covered by the visits should be stated;

g) Name and phone number of

the point of contact at the establishment or facility to be

visited, previous contacts and any other information useful to

determine the justification of the visit or visits;

h) The date, signature and

stamping of the official seal of the appropriate security

authority.

6. The National Security

Authority of the Party that receives the request for visit

examines and decides on the request and shall inform of its

decision the National Security Authority of the requesting

Party.

7. Visits entailing access to

Classified Information by nationals from a third State shall only

be authorized by a common agreement between the Parties.

8. Once the visit has been

approved the National Security Authority of the host Party shall

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

of the establishment, facility or organisation to be visited.

9. The validity of visit

authorisation shall not exceed twelve months.

Article 14

Recurring visits

1. For any project, program

or contract the Parties may agree to establish lists of

authorized persons to make recurring visits. Those lists are

valid for an initial period of twelve months.

2. Once those lists have been

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

be directly arranged with the appropriate authorities of the

organizations to be visited by those persons, in accordance with

the terms and conditions agreed upon.

Article 15

Breach and compromise of security

1. In case of breach or

compromise of security that results in a certain or suspected

compromise of Classified Information originated by or received

from the other Party, the National Security Authority of the

Party where the breach or compromise occurs shall inform the

National Security Authority of the other Party, as soon as

possible, and carry out the appropriate investigation.

2. If a breach or compromise

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

National Security Authority of the despatching Party shall take

the actions prescribed in paragraph 1 of the present Article.

3. The other Party shall, if

required, co-operate in the investigation.

4. In any case, the other

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

writing, including the reasons for the breach or the compromise

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

investigation.

Article 16

Expenses

Each Party shall bear its own

expenses incurred in connection with the application and

supervision of all aspects of the present Agreement.

Article 17

Settlement of Disputes

Any dispute concerning the

interpretation or application of the measures prescribed in the

present Agreement shall be settled through diplomatic

channels.

Article 18

Amendments

1. The present Agreement may

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

Parties.

2. The amendments shall enter

into force in accordance with the terms specified in Article 20

of the present Agreement.

Article 19

Duration and Termination

1. The present Agreement

shall remain in force for an indefinite period of time.

2. Each Party may, at any time,

terminate the present Agreement.

3. The termination shall be

notified, in writing and through diplomatic channels, producing

its effects six months after the date of reception of the

respective notification.

4. Notwithstanding the

termination, all Classified Information transferred pursuant to

the present Agreement shall continue to be protected in

accordance with the provisions set forth herein, until the

Originating Party dispenses the Receiving Party from this

obligation.

Article 20

Entry into force

The present Agreement shall enter

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

written notification through diplomatic channels, stating that

all the internal procedures of both Parties have been

fulfilled.

In witness whereof, the

undersigned, duly authorized thereto, have signed the present

Agreement.

Done at Lisbon, on January 24,

2007, in two originals, each one in the Latvian, Portuguese and

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

any divergence of interpretation the English text shall

prevail.

For the Republic of

Latvia

For the Portuguese

Republic