16. pants

NOBEIGUMA NOTEIKUMI

(1) Šis Līgums stājas spēkā 30. (trīsdesmitajā)

dienā pēc pēdējās diplomātiskās notas saņemšanas, ar kuru

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diplomātiskiem kanāliem iesniedzot rakstisku paziņojumu otrai

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saņēmušas ar norādi to atgriezt atpakaļ, tiek nodota nosūtītājai

Līgumslēdzējai pusei.

Līgums noslēgts Tirānā 2009.gada 16.decembrī divos oriģinālos

eksemplāros latviešu, albāņu un angļu valodās, un visi teksti ir

vienlīdz autentiski. Dažādu interpretāciju gadījumā noteicošais

ir teksts angļu valodā.

Latvijas Republikas valdības

vārdā

[Astra Kurme]

Albānijas Republikas Ministru

padomes vārdā

[Šikiri Dekavelli]

AGREEMENT

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE COUNCIL

OF MINISTERS OF THE REPUBLIC OF ALBANIA ON THE MUTUAL PROTECTION

OF CLASSIFIED INFORMATION

The Government of the Republic of Latvia and the Council of

Ministers of the Republic of Albania (hereinafter referred to as

the "Contracting Parties"),

Having agreed to hold talks on political and security-related

issues and to broaden and tighten their mutual co-operation,

Being aware of the changes in the political situation in the

world and recognizing the important role of their mutual

co-operation for the stabilization of peace, international

security and mutual confidence,

Realizing that good co-operation may require exchange of

Classified Information between the Contracting Parties,

Intending to ensure mutual protection of all Classified

Information, which has been classified by one Contracting Party

and transferred to the other Contacting Party,

Desiring to establish the rules on mutual protection of

Classified Information, which shall extend to all agreements on

co-operation to be concluded between the Contacting Parties and

the contracts to be awarded between the organizations of the

Contracting Parties, which provide for the exchange of Classified

Information,

Have agreed as follows:

Article 1

DEFINITIONS

For the purposes of this Agreement:

(1) "Classified Information" shall mean

information, document and material of any kind, regardless of its

form of appearance, mode and circumstances of generation that

requires protection from unauthorised access for reasons of

public interest, or national security and which has been

classified by either Contracting Party in accordance with its

national laws and regulations.

(2) "Receiving Contracting Party" shall mean

the Party including any public or private institutions to which

the Classified Information is transmitted.

(3) "Originating Contracting Party" shall mean

the Party including any public or private institutions initiating

the Classified Information.

(4) "Classified Contract" shall mean an

agreement containing Classified Information between entities of

the States of the Contracting Parties or Contractors of the

Contracting Parties, creating and defining enforceable rights and

obligations between them.

(5) "Competent Security Authorities" shall mean

the institutions of the State of each Contracting 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

this Agreement in their own territory in accordance with their

national laws and regulations and for the coordination of the

implementation of this Agreement.

(6) "Contractor" shall mean an individual or a

legal entity possessing the legal capability to conclude

Classified Contracts.

(7) "Visitor" shall mean an official

representative of one Contracting Party who needs to visit

facilities of the other Contracting Party, engaged in activities

involving Classified Information.

(8) "Personnel Security Clearance" shall mean a

determination following an investigative procedure carried out in

accordance with the national laws and regulations of the State of

one of the Contracting Parties, on the basis of which an

individual is authorised to have access to and to handle

Classified Information up to the level defined in the

Clearance.

(9) "Facility Security Clearance" shall mean a

determination following an investigative procedure certifying

that a Contractor that is not a natural person is capable of

receiving, handling and processing Classified Information in

accordance with the national laws and regulations of the State of

one of the Contracting Parties up to the level defined in the

Clearance.

(10) "Third Party" shall mean an international

organisation, any state or legal entity that is not a party to

this Agreement.

(11) "Need-to-know" principle" shall mean

the necessity to have access to Classified Information in

connection with official duties and/or for the performance of a

specific task.

(12) "Breach of security" shall mean an act or

an omission contrary to the national laws and regulations, which

results or may result in unauthorized access to Classified

Information.

Article 2

APPLICABILITY

This Agreement shall encompass all activities in the course of

which Classified Information is exchanged between the Contracting

Parties or an individual or a legal entity under the jurisdiction

of their States in order to perform their public/official

duties.

Article 3

SECURITY CLASSIFICATIONS

The following security classification markings of Classified

Information under this Agreement are equivalent:

Republic of Latvia

Republic of Albania

English equivalent

SEVIŠĶI SLEPENI

TEPER SEKRET

TOP SECRET

SLEPENI

SEKRET

SECRET

KONFIDENCIĀLI

KONFIDENCIAL

CONFIDENTIAL

DIENESTA

VAJADZĪBĀM

I KUFIZUAR

RESTRICTED

Article 4

COMPETENT SECURITY AUTHORITIES

(1) The Competent Security Authorities of the Contracting

Parties are the following:

For the Republic of Latvia:

Constitution Protection Bureau

Miera street 85a

Riga, LV 1001

Latvia

For the Council of Ministers of Republic of Albania:

Classified Information Security Directorate (National Security

Authority)

Keshilli i Ministrave

Bul. "Deshmoret e Kombit"

Tirane

Albania

(2) The Competent Security Authority shall provide

information to the other Competent Security Authority on its

security organisation and procedural rules in order to facilitate

continuous comparison and to maintain comparable security

standards.

(3) The Competent Security Authorities shall, upon

request, facilitate joint inspections in order to ascertain that

released Classified Information is sufficiently protected in the

State of the Receiving Contracting Party.

(4) The Competent Security Authorities shall promptly

inform each other in writing of any changes in the national laws

and regulations of their States that affect the protection of

Classified Information.

(5) Should the need arise, the Competent Security

Authorities shall consult one another on the technical issues of

the implementation of this Agreement and, by mutual arrangement,

may draw up Supplementary Executive Protocols.

Article 5

SECURITY PRINCIPLES

(1) The Contracting Parties shall, in accordance with the

national laws and regulations of their States and in compliance

with this Agreement, take all necessary measures in order to

protect all Classified Information transferred, received or

generated in the course of joint activities carried out within

the framework of this Agreement.

(2) In accordance with Article 3 of this Agreement, the

Contracting Parties shall, grant to Classified Information

defined in Paragraph (1) of this Article an equivalent level of

protection as granted for their own Classified Information.

(3) Security classification of the received Classified

Information may be altered with the prior written consent of the

Originating Contracting Party.

(4) The Originating Contracting Party shall inform the

Receiving Contracting Party of any changes in the security

classification markings of the transferred Classified

Information.

(5) Apart from the security classification marking, the

validity period of the classification shall also be specified on

the transferred Classified Information or when this is not

possible owing to the nature of the Classified Information, in a

separate document. Any further handling instructions of the

Originating Contracting Party, which restrict the use of the

released information, may also be specified. The aforementioned

markings and instructions shall be indicated by the Receiving

Contracting Party also in its official language.

(6) The Contracting Parties shall through their Competent

Security Authorities inform each other of the further handling

instructions referred to in Paragraph (5) of this Article, of any

changes therein and shall adhere to them.

(7) Access to Classified Information marked

KONFIDENCIĀLI/ KONFIDENCIAL/CONFIDENTIAL and above, and to

locations and facilities where such Classified Information is

generated, processed or stored, shall be limited to individuals

who have been granted a valid and appropriate Personnel Security

Clearance and in case of whom the Need to Know principle

applies.

(8) Access to Classified Information marked DIENESTA

VAJADZĪBĀM/ I KUFIZUAR/RESTRICTED shall be limited to

individuals, in case of whom the Need to Know principle

applies.

(9) Classified Information received under this Agreement

may only be used for the purpose for which it has been released.

Classified Information generated in the course of joint

activities may only be used for the purpose specified in the

agreement, which is the basis of that activity.

Article 6

SECURITY CLEARANCES

(1) The Contracting Parties shall mutually recognise

their Personnel Security Clearances and Facility Security

Clearances issued in accordance with the national laws and

regulations of their States. The equivalence of the Security

Clearances has to be determined according to Article 3 of this

Agreement.

(2) The Competent Security Authorities shall, upon

request and in accordance with the national laws and regulations

of the States of the Contracting Parties, assist one another with

the vetting procedures in order to issue Personnel Security

Clearances and Facility Security Clearances.

(3) The Competent Security Authorities shall be entitled

to process the personal data included in the Personnel Security

Clearances to the extent needed for the implementation of this

Agreement. Personal data received shall be protected in

accordance with the national laws and regulations of the States

of the Contracting Parties.

Article 7

DISCLOSURE OF CLASSIFIED INFORMATION TO A THIRD PARTY

(1) Classified Information received within the framework

of this Agreement may be disclosed to a Third Party only with the

written consent of the Originating Contracting Party. This

permission shall be requested through the Competent Security

Authorities.

(2) The provisions of Paragraph (1) of this Article shall

also be applied to Classified Information generated in the course

of joint activities under the condition that the prior written

consent of the other Contracting Party is necessary for the

disclosure.

Atticle 8

REPRODUCTION AND TRANSLATION

(1) Classified Information marked SEVIŠĶI SLEPENI/ TEPER

SEKRET/TOP SECRET may only be reproduced or translated with the

prior written consent of the Originating Contracting Party

indicating the maximum number of copies.

(2) With the exception of Classified Information

according to Paragraph (1) of this Article, the number of copies

of information of other security classification markings shall be

limited to that required for official purposes.

(3) Copies and translations of Classified Information of

the Originating Contracting Party shall be marked with the same

classification markings and shall be protected as originals.

(4) Translation of Classified Information shall only be

made by persons holding a valid and appropriate level Personnel

Security Clearance. The translated Classified Information shall

bear an appropriate security classification marking and a note in

the language of the translation from which it becomes evident

that it contains Classified Information originating from the

State of the other Contracting Party.

Article 9

DESTRUCTION

(1) Classified Information shall be destroyed so as to

prevent its reconstruction in whole or in part.

(2) Classified Information marked SEVIŠĶI SLEPENI/ TEPER

SEKRET/TOP SECRET shall not be destroyed. It shall be returned to

the originating Competent Security Authority.

(3) Unless otherwise agreed by the Competent Security

Authorities, the authorised entities of the Receiving Contracting

Party may destroy Classified Information not specified in

Paragraph (2) of this Article upon the expiry of its validity

period specified by the Originating Contracting Party or when it

is no longer needed. The originating Competent Security Authority

shall be informed thereof in writing.

Article 10

TRANSFER OF CLASSIFIED INFORMATION

(1) Classified Information exchanged between the

Contracting Parties within the framework of this Agreement shall

be transferred through diplomatic channels. Classified

Information can also be transmitted encrypted through wire- or

wireless data transmission systems. The Receiving Contracting

Party shall confirm the receipt of Classified Information in

writing.

(2) Other means of Classified Information transfer may

also be used, if agreed upon by the Competent Security

Authorities.

Article 11

VISITS

(1) Visits to locations of one of the Contracting Parties

where Classified Information is handled or classified programmes

or contracts are performed shall be allowed to Visitors from the

State of the other Contracting Party when a written permission

from the Competent Security Authority of the State of the

Contracting Party receiving the Visitors has been obtained. Such

permission can only be issued to persons who comply with the

criteria defined under Paragraphs (7) - (8) of Article 5.

(2) The procedures related to visits shall be defined and

agreed upon between the Competent Security Authorities according

to the national laws and regulations of the States of the

Contracting Parties.

(3) The written visit request shall include the following

information:

a) e and purpose of the visit; organisations and facilities to

be visited;

b) surname and name of the Visitor, his/her place and date of

birth, nationality, number of passport or other identity

document, name of the employer;

c) certification of the appropriate level Personnel Security

Clearance of the Visitor issued by the Competent Security

Authority.

(4) The Contracting Parties shall guarantee the

protection of the personal data of the Visitors in compliance

with the national laws and regulations of their States.

Article 12

CLASSIFIED CONTRACTS AND CONTRACTORS

(1) Should either of the Contracting Parties, state

institutions or Contractors perform a Classified Contract in the

territory of the State of the other Contracting Party, the

Competent Security Authority of this other Contracting Party

shall assume responsibility for the protection of Classified

Information received under the Contract.

(2) Before either of the Contracting Parties releases the

Classified Information received from the other Contracting Party

to the Contractor, the Competent Security Authority of the State

of the Receiving Contracting Party shall ascertain itself

that:

a) the Contractors are holders of the appropriate Facility

Security Clearances;

b) all persons whose duties require access to Classified

Information received are holders of appropriate Personnel

Security Clearances and have been appropriately trained on their

responsibilities and duties related to the protection of

Classified Information.

(3) All Classified Contracts shall contain a list of

Classified Information with data suitable for the unique

identification of the Classified Information transferred under

the Contract.

(4) The Competent Security Authority of the Contracting

Party where work on the Classified Contract is performed shall

oversee the compliance of the implemented security measures with

its national laws and regulations.

(5) The Contractor shall be entitled, with the prior

approval 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 of the Contracting

Parties shall inform one another of all Contractors and

subcontractors involved in the Classified Contract.

(7) The Contracting Parties shall protect intellectual

property rights related to Classified Information exchanged

between them.

Article 13

BREACH OF SECURITY

(1) In the event of breach of security or compromise of

Classified Information, the Competent Security Authority of the

Receiving Contracting Party shall inform the Competent Security

Authority of the Originating Contracting Party thereof without

delay and shall ensure appropriate investigation. The Contracting

Parties shall co-operate in the investigation.

(2) The Competent Security Authority of the State of the

Originating Contracting Party shall be informed of the measures

taken to limit the damage caused by the compromise of Classified

Information, the completion and results of the investigation, the

causes of the incident and the extent of damage inflicted.

Article 14

EXPENSES

Each Contracting Party shall cover its own expenses incurred

in the course of implementing this Agreement.

Article 15

SETTLEMENT OF DISPUTES

Any disputes arising from the interpretation or application of

this Agreement shall be settled by way of consultations between

the Competent Security Authorities of the Contracting Parties; in

case of failure to reach an agreement, via diplomatic

channels.

Article 16

FINAL PROVISIONS

(1) This Agreement shall enter into force on the

30th (thirtieth) day following the receipt of the

latter of the diplomatic notes, in which the Contracting Parties

notify one another of the fulfilment of their internal legal

requirements necessary for its entry into force.

(2) This Agreement is concluded for an indefinite period

of time.

(3) This Agreement may be amended with the mutual

agreement of the Contracting Parties. Such amendments shall be

proposed through diplomatic channels in writing and shall enter

into force in accordance with Paragraph (1) of this Article.

(4) This Agreement may be terminated by either of the

Contracting Parties by written notice to the other Contracting

Party through diplomatic channels. In such a case this Agreement

shall expire six months after the date of the receipt of the

notice on termination.

(5) After the termination of this Agreement, all

Classified Information released within the framework of this

Agreement shall continue to be handled and protected according to

this Agreement or shall be returned to the Originating

Contracting Party.

(6) Upon termination of this Agreement, Classified

Information, which the Competent Security Authorities received

based on prior arrangements with the obligation of returning,

shall be returned to the Originating Contracting Party.

Done in Tirana on 16 December, 2009, in two original copies,

each in Latvian, Albanian and English languages, all texts being

equally authentic. In case of differences in interpretation, the

English text shall prevail.

On behalf of the Government

of the Republic of Latvia

[Astra Kurme]

On behalf of the Council of

Ministers of the Republic of Albania

[Shyqyri Dekavelli]