16. pants

NOBEIGUMA NOSACĪJUMI

1. Šis Līgums stājas spēkā

trīsdesmitajā dienā pēc pēdējā rakstiskā paziņojuma saņemšanas pa

diplomātiskajiem kanāliem, ar kuru Puses paziņo viena otrai, ka

ir izpildītas iekšējās juridiskās prasības, kas nepieciešamas,

lai Līgums stātos spēkā.

2. Šis Līgums ir noslēgts uz

nenoteiktu laiku.

3. Katra Puse jebkurā laikā

var izbeigt šī Līguma darbību, par to rakstiski informējot vismaz

sešus mēnešus iepriekš pa diplomātiskajiem kanāliem.

4. Neskatoties uz šī Līguma

izbeigšanu, visa klasificētā informācija, kas ir nodota saskaņā

ar šo Līgumu, turpina tikt aizsargāta saskaņā ar šeit

noteiktajiem nosacījumiem, kamēr izcelsmes Puse neatbrīvo

saņēmēju Pusi no šī pienākuma.

To apliecinot, šo Līgumu zemāk ir

parakstījuši pilnvaroti šī Līguma parakstītāji.

Līgums noslēgts Luksemburgā

2007.g. 13.septembrī divos oriģinālos eksemplāros latviešu,

franču un angļu valodā, un visi teksti ir vienlīdz

autentiski.

Atšķirīgas šī Līguma noteikumu

interpretācijas gadījumā noteicošais ir teksts angļu valodā.

LATVIJAS REPUBLIKAS

VALDĪBAS VĀRDĀ

LUKSEMBURGAS

LIELHERCOGISTES

VALDĪBAS VĀRDĀ

AGREEMENT ON THE EXCHANGE

AND THE MUTUAL PROTECTION OF CLASSIFIED INFORMATION BETWEEN THE

GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE GOVERNMENT OF THE

GRAND-DUCHY OF LUXEMBOURG

The Government of the Republic of

Latvia and the Government of the Grand-Duchy of Luxembourg,

hereinafter referred to as "the Parties",

in order to guarantee the

protection of the classified information exchanged between the

Parties or transferred through public or private companies or

organisations that deal with classified information of the

Parties,

have agreed as follows:

Article 1

DEFINITIONS

For the purposes of the present

Agreement:

1) 'Classified information'

means any information, regardless of its form, nature and means

of transfer, determined to require protection against

unauthorised disclosure, which has been so designated by security

classification, in accordance with the national laws and

regulations in force of the originating Party;

2) 'Competent Security

Authority' means the institution of each Party authorised and

responsible for ensuring the protection of classified information

transferred, received or generated in the course of the joint

activities realised within the framework of the present Agreement

in their own territory in accordance with its national laws and

regulations and for the coordination of the implementation of the

present Agreement;

3) 'Originating Party' means

the Party initiating the classified information as represented by

the Competent Security Authority;

4) 'Receiving Party' means

the Party to which the classified information is transferred as

represented by the Competent Security Authority;

5) 'Third party' means any state,

organisation or legal entity which is not a Party to the present

Agreement;

6) 'Personnel security

clearance' means a determination by the Competent Security

Authority or other relevant state authority that an individual is

eligible to have access to and to handle classified information

up to the level defined in the clearance;

7) 'Facility security

clearance' means a determination by the Competent Security

Authority or other relevant state authority that, from a security

point of view, a facility has the physical and organisational

capability to receive, handle and process classified information

in accordance with its national laws and regulations;

8) 'Need-to-know' means that

access to classified information may only be granted to an

individual or legal entity which has a verified requirement for

knowledge of or possession of such information in order to

perform official and professional duties;

9) 'Contractor' means an

individual or a legal entity possessing the legal capability to

undertake classified contracts;

10) '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;

11) 'Project security

instructions' means a compilation of security requirements, which

are applied to a classified contract in order to standardize

security procedures;

12) 'Project security

classification guide' means the part of the project security

instructions which identifies the elements of the contract that

are classified and specifies their security classification

levels.

Article 2

SCOPE OF APPLICATION

In accordance with their national

laws and regulations, both Parties shall take all appropriate

measures to ensure the protection of the classified information,

which is transferred, received, produced or developed within the

framework of the present Agreement.

Article 3

SECURITY CLASSIFICATIONS

The Parties agree that the

following security classification levels are equivalent and

correspond to the security classification levels specified in the

respective national laws and regulations:

Republic

of Latvia

Grand-Duchy of Luxembourg

Equivalence in English

SEVIŠĶI SLEPENI

TRES SECRET LUX

TOP SECRET

SLEPENI

SECRET LUX

SECRET

KONFIDENCIĀLI

CONFIDENTIEL LUX

CONFIDENTIAL

DIENESTA VAJADZĪBĀM

RESTREINT LUX

RESTRICTED

Article 4

COMPETENT SECURITY AUTHORITIES

1. The Competent Security

Authorities of the States of the Parties are as follows:

For the Republic of Latvia:

Constitution Protection Bureau

Miera iela 85a

Riga, LV-1001

Latvia

For the Grand Duchy of

Luxembourg:

Service de Renseignement

Autorité Nationale de Sécurité

Boîte Postale 2379

L- 1023 Luxembourg

2. The Competent Security

Authorities shall inform each other of the national laws and

regulations in force on their respective territories regulating

the protection of classified information.

3. In order to ensure close

cooperation in the implementation of the present Agreement, the

Competent Security Authorities shall, on request, provide each

other with information about the security standards, procedures

and practices employed by the respective Party for the protection

of classified information.

Article 5

SECURITY PRINCIPLES

The protection and handling of

classified information exchanged between the Parties is ruled by

the following principles:

1) The receiving Party shall

afford to all of the transferred, received, produced or developed

classified information the same degree of security protection and

marking as is provided for its classified information of the

equivalent level of classification as defined in Article 3 of the

present Agreement. The originating Party shall inform the

receiving Party about all subsequent security classification

modifications of the classified information transferred;

2) Access to classified

information and to locations and facilities where classified

activities are performed or where classified information is

stored shall be limited only to those individuals who have been

security cleared and authorised by their national Competent

Security Authorities in accordance with their national laws and

regulations and who have a need to know;

3) The receiving Party shall

not release or disclose received classified information to a

third party without the prior written permission of the Competent

Security Authority of the originating Party;

4) The receiving Party shall

use classified information that is received from the originating

Party for the purpose only that is specified by the originating

Party;

5) The receiving Party shall

neither downgrade nor declassify the received classified

information without the prior written permission of the Competent

Security Authority of the originating Party.

6) The Parties shall through

their Competent Security Authorities inform each other of the

further handling instructions of the transferred classified

information.

Article 6

SECURITY CLEARANCES

1. The Parties shall ensure

that their nationals who, in the conduct of their official duties

require access, or whose duties or functions may afford access to

information classified KONFIDENCIĀLI/CONFIDENTIEL LUX/

CONFIDENTIAL or above, provided or exchanged under the present

Agreement, are appropriately security cleared in accordance with

the national laws and regulations before they are granted access

to such information.

2. On request, the Competent

Security Authority of each Party, according to its national laws

and regulations, shall assist each other during the vetting

procedures of their nationals living or facilities located in the

territory of the other Party, preceding the issue of the

personnel security clearance and the facility security

clearance.

3. The Parties shall

recognise the personnel security clearances and facility security

clearances issued in accordance with the national laws and

regulations of the other Party.

4. The Competent Security

Authorities shall inform each other about any modifications

regarding the personnel security clearances and facility security

clearances.

Article 7

INDUSTRIAL SECURITY

1. Should either of the

Parties, state institutions or contractors perform a classified

contract in the territory of the state of the other Party, the

Competent Security Authority of this other Party shall assume

responsibility for the protection of classified information

received under the contract.

2. Prior to release to either

Parties' contractors or prospective contractors of any classified

information received from the other Party, the receiving Party

shall:

a) ensure that such

contractor or prospective contractor and its facilities have the

capability to protect the classified information adequately;

b) grant to the facility an

appropriate security clearance;

c) grant an appropriate level

of security clearance to individuals who perform functions which

require access to the classified information;

d) ensure that all

individuals having access to the classified information are

informed of their responsibilities to protect the information in

accordance with the national laws and regulations of the

receiving Party.

3. Every classified contract

concluded between contractors of the Parties, under the

provisions of the present Agreement, shall include appropriate

project security instructions, including a project security

classification guide.

4. Copy of the project

security instructions of any classified contract shall be

forwarded to the Competent Security Authority of the Party where

the classified contract is to be performed to allow adequate

security supervision and control.

5. The contractor shall be

entitled, with the prior permission of the Competent Security

Authority of its State, to involve subcontractors in the

classified contract. The prospective subcontractor shall meet the

same security requirements as the contractor.

6. The Competent Security

Authorities shall inform one another of all contractors and

subcontractors involved in the classified contract.

Article 8

VISITS

1. Visits duly authorised by

a Party to a location where classified information is stored

under the jurisdiction of the other Party shall only be granted

after prior written permission of the Competent Security

Authority of the host Party has been obtained.

2. Visits shall be notified

at least three weeks prior to the date of the visit. In case of

special circumstances, authorisation for the visit will be

granted as soon as possible, subject to prior co-ordination.

3. Requests for visit are

established in accordance with the procedures of the host Party

and shall contain the following information:

a) visitor's first name and

surname, date and place of birth, nationality and passport or

identity card number;

b) position and function of

the visitor as well as the name of the facility where he/she is

employed;

c) visitor's level of

personnel security clearance, confirmed by a security certificate

issued by the requiring Party;

d) date and duration of the

visit;

e) purpose of the visit;

f) names of facilities

requested to be visited;

g) first names and surnames

of the persons who shall receive the visitors, if possible;

h) date, signature and the

official seal of the Competent Security Authority.

4. Visits entailing access to

classified information marked as DIENESTA VAJADZĪBĀM/RESTREINT

LUX/RESTRICTED may be arranged directly between the security

officer for the visitor and the security officer for the facility

to be visited.

5. Each Party shall guarantee

the protection of personal data of the visitors according to its

respective national laws and regulations.

Article 9

TRANSFER OF CLASSIFIED INFORMATION

1. Classified information

shall normally be transferred between Parties through diplomatic

channels.

2. Other means of transfer or

exchange of classified information, including electromagnetic

transmission, may be used if agreed upon by the Competent

Security Authorities of both Parties.

3. Delivery of large items or

quantities of classified information shall be arranged on a

case-by-case basis by the Competent Security Authorities.

4. The receiving Party shall

confirm in writing the receipt of the classified information and

shall disseminate it to the users.

Article 10

TRANSLATION, REPRODUCTION AND DESTRUCTION

1. Classified information

marked as SEVIŠĶI SLEPENI/TRES SECRET LUX/TOP SECRET shall be

translated or reproduced only upon the written permission of the

Competent Security Authority of the originating Party.

2. Translations and

reproductions of classified information marked up to

SLEPENI/SECRET LUX/SECRET shall be made according to the

following procedures:

a) The individuals shall hold

the appropriate personnel security clearances;

b) Translations and

reproductions shall be marked and placed under the same

protection as the original classified information;

c) Translations and the

number of reproductions shall be limited to that required for

official purposes;

d) 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 so as to prevent its reconstruction in whole

or in part.

4. Classified information marked

as SEVIŠĶI SLEPENI/TRES SECRET LUX/TOP SECRET shall not be

destroyed and it shall be returned to the Competent Security

Authority of the originating Party.

Article 11

SECURITY ASSESSMENT

1. Each Party shall visit its

own facilities and organisations holding classified information,

in accordance with its national laws and regulations, in order to

assess that the security measures are correctly applied.

2. Each Party at the request

of the other Party shall authorise visits of security personnel

of the other Party to participate with the appropriate

authorities of the host Party in the assessment of the protection

of the classified information transferred.

Article 12

BREACH OF SECURITY

1. In case of breach of

security related to classified information originated by or

received from the other Party, the Competent Security Authority

of the Party where the breach of security occurs shall inform the

Competent Security Authority of the other Party, as soon as

possible, and ensure the appropriate investigation. The other

Party shall, if required, co-operate in the investigation.

2. If a breach of security

occurs in a third Party, the Competent Security Authority of the

despatching Party shall take the actions prescribed in paragraph

1 of the present Article.

3. The other Party shall be

informed of the results of the investigation, in writing,

including the reasons for the breach of security, the extent of

the damage and the conclusions of the investigation.

Article 13

EXPENSES AND COSTS

Each Party shall bear its own

expenses incurred in connection with the application and

supervision of all aspects of the present Agreement.

Article 14

SETTLEMENT OF DISPUTES

1. Disputes relating to the

interpretation or the application of the present Agreement shall

be settled exclusively by consultation between the Parties.

2. During the period of

consultations, both Parties shall continue to comply with all the

other obligations resulting from the present Agreement.

Article 15

AMENDMENTS

The present Agreement may be

modified on the basis of mutual written consent. The amendments

shall enter into force in accordance with the terms specified in

paragraph 1 of Article 16 of the present Agreement.

Article 16

FINAL PROVISIONS

1. The present Agreement

shall enter into force on the thirtieth day following the receipt

of the last written notification through diplomatic channels by

which the Parties inform each other that the internal legal

requirements necessary for its entry into force have been

fulfilled.

2. The present Agreement is

concluded for an indefinite period of time.

3. Each Party may, at any

time, terminate the present Agreement in writing through

diplomatic channels, with at least six months prior notice.

4. Notwithstanding the

termination, all Classified Information transferred pursuant to

the present Agreement shall continue to be protected according to

the provisions set forth herein, until the Originating Party

dispenses the Receiving Party from this obligation.

In witness whereof, the

undersigned, duly authorized, have signed the present

Agreement.

Done at Luxembourg, on 13.09 of

2007, in two original copies each in the Latvian, French and

English languages, all texts being equally authentic.

In case of any divergence of

interpretation of the provisions of the present Agreement, the

English text shall prevail.

FOR THE GOVERNMENT

OF THE REPUBLIC OF LATVIA

FOR THE GOVERNMENT

OF THE GRAND-DUCHY OF LUXEMBOURG