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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 12.02.2005.–18.01.2007.
Amendments not included: 16.01.2007., 13.02.2007., 26.06.2007., 15.09.2008., 10.07.2012., 04.12.2012., 30.07.2013.
Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson.

Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending regulations of:

8 February 2005 (No. 105).

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.


Republic of Latvia

Cabinet
Regulation No. 21

Adopted 6 January 2004

Regulations regarding the Protection of Official Secrets, and North Atlantic Treaty Organisation, European Union and Foreign State Institution Classified Information

Issued pursuant to Section 6, Paragraph three;
Section 7, Paragraphs two, four and eight;
Section 11, Paragraph four and Section 15, Paragraph two of the
Law On official Secrets

I. General Provisions

1. These Regulations prescribe a uniform protection regime for official secrets, and North Atlantic Treaty Organisation, European Union and foreign state institution classified information in State and local government institutions and the special procedures for record-keeping, special markings and use of code procedures, as well as the procedures for the supervision of the secrecy regime and internal investigation.

[8 February 2005]

2. The requirements of these Regulations apply also to merchants (commercial companies), which in fulfilling State and local government procurements become official secret, NATO or European Union classified information subjects. The State or local government contracting authority in granting State or local government procurements, which are associated with official secrets, NATO or European Union classified information, shall provide for in the contract regarding the fulfilment of the procurement that the implementer is liable for the observance of these Regulations.

3. The Cabinet shall determine the special procedures by which draft policy planning documents, draft legal enactments or informative reports, which in accordance with the Law On official Secrets are official secrets objects shall be submitted and examined in Cabinet.

II. Special Permit Access to Official Secrets and Certificate Accounting, Submission, Cancellation and Change of Category

4. Special permit access to official secrets (hereinafter - special permit) (Annex 1) certifies the right of such persons to access to official secrets who occupy relevant positions (hereinafter - person). The special permit shall be issued to persons prior to commencing work with official secrets objects by the State security institutions.

5. A person has the right to become acquainted with NATO or European Union classified information if the position of the person is included in the list of positions, the fulfilling of which in relation to the nature of the work to be performed access is necessary to NATO or European Union classified information, and if the person has received a certificate for work with NATO and/or European Union classified information (hereinafter - certificate). The list of positions the fulfilling of which in relation to the nature of the work to be performed access is necessary to NATO or European Union classified information (except access to information, which Latvia has given to a foreign state, international organisation or the institutions thereof and which is classified as RESTRICTED), shall be approved by the head of the institution. The list of positions shall be co-ordinated with the Constitution Protection Bureau subsidiary body - National Security Authority.

6. The National Security Authority shall perform person checks in relation to the right of access to NATO or European Union classified information, issue certificates and compile information regarding persons who have received certificates. The original certificates shall be stored in the National Security Authority. A copy of the certificate shall be sent for storage at the place of work (service) of the person.

7. A certificate shall be issued only to a person who has received the relevant category special permit.

8. If it is necessary for a person to have short-term access to NATO or European Union classified information in relation to the nature of the work to be performed and the person is not included in the relevant list of positions of the institution, the head of the institution shall submit to the National Security Authority a submission regarding the issue of a certificate to the referred to person. The submission shall indicate the justification for the issuance of a certificate, the term of validity and the information classification level. The National Security Authority shall examine the submission and provide an answer within a period of 10 days after the receipt of the submission.

8.1 A Republic of Latvia citizen who in relation to work in NATO or European Union institutions access to NATO or European Union classified information is necessary shall, prior to commencement of work, personally submit to the National Security Authority assigned submission by the head of the relevant NATO or European Union institution regarding the issuance of a certificate to the referred to person, as well as the information referred to in Paragraph 11 of these Regulations (for the performance of checks). The submission shall indicate the justification for the issuance of a certificate, the time period for which the certificate is to be issued, and the information classification level.

[8 February 2005]

9. A person who has received a certificate shall become acquainted with NATO or European Union classified information only in such an amount as is necessary for the performance of work or service duties or the performance of a concrete task.

10. Special permits shall be issued by:

10.1. the Constitution Protection Bureau - Category one special permits for access to top secret official secrets objects (violet colour); and

10.2. the State security institution, which has performed the person checks - Category two special permits for access to secret official secrets objects (red colour) and Category three special permits for access to confidential official secrets objects (blue colour).

11. In order to receive a special permit, a person shall at his or her place of work:

11.1. fill out a questionnaire in his or her own hand (Annex 2);

11.2. by his or her signature on the questionnaire, certify that he or she has been warned regarding the checking of the information indicated in the questionnaire and has been acquainted with the regulatory enactments regulation official secrets; and

11.3. submit an autobiography written in his or her own hand and two photographs (3 x 4 cm).

[8 February 2005]

11.1 The State security institution within the scope of the check shall perform interviews with the persons who are applying for access to top secret official secrets objects, European Union top secret classified information, and NATO confidential, secret and top secret classified information. In respect of persons who are applying for access to secret and confidential official secrets objects, European Union secret and confidential information, interviews may be performed if there is a need to clarify answers to questions referred to in the questionnaire or to evaluate important information which has been discovered during checking. The course of the interview shall be documented in writing or by audio recording or video recording.

[8 February 2005]

12. A person prior to receiving a special permit shall sign an undertaking (Annex 3) regarding the non-disclosure of official secrets.

13. The materials on person checks, questionnaire and undertaking for a person shall be stored in the State security institution, which has taken a decision to issue the special permit (hereinafter - relevant State security institution).

14. The relevant State security institution shall keep a record of special permits issued and send information to the Constitution Protection Bureau regarding the special permits issued.

15. If it is necessary for person to change the category of special permit, reissue or cancel a special permit, the head of the institution shall submit a written submission to the relevant State security institution. The person shall give the special permit against a signature to the structural unit ensuring the secrecy regime. Two months prior to the end of the validity of the special permit, the person to whom the special permit was issued shall inform the structural unit ensuring the secrecy regime regarding this.

16. If a special permit is lost:

16.1 its holder shall in form without delay the structural unit ensuring the secrecy regime regarding the fact of the loss and submit to it a written explanation regarding the circumstances of the loss; and

16.2. after receipt of the person's submission regarding the loss of the special permit, the structural unit ensuring the secrecy regime shall perform an internal examination and shall send the examination materials to the relevant State security institution. The relevant State security institution shall decide regarding the issuance of a new special permit or refusal to issue it. The internal examination materials shall be appended to the persons official secrets check file.

17. If the circumstances referred to in Section 9, Paragraph three of the Law On official Secrets are discovered or it is determined that the person knowingly has provided false information regarding himself or herself, the National Security Authority shall cancel the certificate and inform the head of the institution regarding this.

[8 February 2005]

III. Official Secrets and NATO or European Union Classified Information Protection Measures

18. The head of an institution in each concrete institution is responsible for ensuring protection measures as a whole for official secrets and NATO or European Union classified information. The head of the institution shall:

18.1. establish a structural unit for ensuring the secrecy regime, which shall organise the ensuring of the secrecy regime in the institution and shall be responsible for it;

18.2. institutions, which have small special record-keeping volumes (up to 250 official secrets objects per year), the head of the institution himself or herself shall organise the ensuring of the secrecy regime or shall assign an employee who shall organise the ensuring of the secrecy regime in the institution and shall be responsible for it;

18.3. establish a division or assign a separate employee who shall be responsible for the organisation of the special record-keeping;

18.4. establish a structural unit or assign a separate employee who is responsible for the circulation of NATO and/or European Union classified information;

18.5. approve the procedures regarding the organisation of special record-keeping in the institution;

18.6. approve protection measures in the institution for official secrets objects, NATO and/or European Union classified information;

18.7. determine or delegate the head of the legal structural unit in accordance with the list of official secrets objects (hereinafter - list of objects) to specify the access of subordinate employees to a concrete official secrets object;

18.8. determine the holder (holders) of a official secrets object, NATO and/or European Union classified information who shall be responsible for the implementation of protection measures for a concrete official secrets object, NATO or European Union classified information;

18.9 be responsible for the training of holders of official secrets objects, NATO and/or European Union classified information and ensuring relevant premises, workplace, necessary equipment and inventory;

18.10. after receipt of the relevant written submission, shall decide the issue of access by an employee of another institution to official secrets objects, NATO or European Union classified information in his or her institution or the issue thereof to an employee of another institution. If the head of the institution has grounds to believe that the submission of the employee of another institution is not associated with his or her official (service) duties or concrete work (service) tasks, the head of the institution prior to issuing the official secrets object, NATO or European Union classified information shall request from the head of the institution of the relevant employee additional information and verification of the justification for the submission. The requestor may dispute a decision by the head of the institution regarding a refusal to issue the official secrets object, NATO or European Union classified information at the relevant State security institution or if there is a refusal to issue NATO or European Union classified information, at the National Security Authority;

18.11. approve the evacuation plan of official secrets objects, NATO or European Union classified information in an emergency situation or state of emergency. The plan shall indicate:

18.11.1. the official secrets object, NATO or European Union classified information, which must be conveyed to the place of evacuation or must be destroyed;

18.11.2. the employees who shall be responsible for the recording and storage, preparation for transportation, guarding or destruction of the official secrets objects, NATO or European Union classified information to be evacuated; and

18.11.3. the procedures by which the guarding shall be performed of the official secrets objects, NATO or European Union classified information at the place of evacuation;

18.12. ensure that employees not less than once per year are informed regarding the security requirements in the field of official secrets objects, NATO or European Union classified information protection, liability for non-compliance with security requirements, and unsanctioned disclosure or loss of information. In co-operation with State security institutions, the head of the institution no less than once per year shall inform employees regarding possible espionage and counterespionage measures, which may be directed against them. Receipt of information shall be certified by the employees with their signature; and

18.13. co-ordinate with the National Security Authority and approve the list of positions referred to in Paragraph 5 of these Regulations.

[8 February 2005]

19. The structural unit for ensuring the secrecy regime or employee who is responsible for ensuring the secrecy regime shall directly subordinate to the head of the institution. If one employee ensures the secrecy regime in the institution, all the rights and duties specified in these Regulations specified for the structural unit for ensuring the secrecy regime shall apply to him or her.

20. A structural unit for ensuring the secrecy regime has the following duties:

20.1. to control how officials and employees who perform work with official secrets objects, NATO or European Union classified information (hereinafter - employee) comply and fulfil official secrets objects, NATO or European Union classified information protection duties;

20.2. to request from employees explanations regarding non-compliance with official secrets objects, NATO or European Union classified information protection measures and to notify the head of the institution regarding determined violations; and

20.3. in the case of loss of special permits, to ensure the performance of an internal examination regarding the fact of the loss and the sending of the examination results to the relevant State security institution.

21. Employees who perform work with official secrets objects, NATO or European Union classified information have the following duties:

21.1. to stop the actions of another person due to whom official secrets objects, NATO or European Union classified information may be disclosed to unauthorised persons, and to notify without delay the structural unit for ensuring the secrecy regime and the head of the institution;

21.2. to comply with the use, recording and storage regulations for official secrets objects, NATO or European Union classified information;

21.3. in issuing official secrets objects, NATO or European Union classified information, to ascertain whether the person has the relevant category of special permit or certificate for work with official secrets objects, NATO and/or European Union classified information;

21.4. prior to ceasing work relations, to handover in sufficient time to the structural unit, which is responsible for the organisation of special record-keeping, official secrets objects, NATO or European Union classified information or prior to going on leave submit a report regarding the existence of official secrets objects, NATO or European Union classified information;

21.5. on the basis of a request from an employee of the structural unit for ensuring the secrecy regime, to present for examination without delay all the official secrets objects, NATO or European Union classified information registration and record documents; and

21.6. to notify to the structural unit for ensuring the secrecy regime regarding changes to the data indicated in the questionnaire.

22. Information, which contains official secrets, NATO or European Union classified information may be processed and stored in electronic information carriers. The referred to information shall be processed and stored only in local computer networks or in a separate computer (hereinafter - information system), which is protected from access by unauthorised persons. The premises in which the information system is installed must conform to the security requirements, which are set out for premises in which official secrets objects, NATO or European Union classified information are stored. The information system must not be connected with public networks, including the Internet. Prior to commencing work, the information system shall be registered with the National Security Authority and shall receive therefrom an accreditation certificate regarding the conformity of the information system with security requirements.

[8 February 2005]

23. Information systems in which official secrets objects, NATO or European Union classified information are processed and stored may be interconnected if separate accreditation has been obtained from the National Security Authority. The National Security Authority shall determine the coding systems, which may be utilised for the protection of official secrets objects, NATO or European Union classified information, as well as shall perform the recording, procurement and administration of all coding materials. All coding materials shall indicate the special label "KRIPTO". Access to coding material may be acquired only after receipt of a coding permit.

[8 February 2005]

23.1 The Cabinet shall issue instructions regarding the procedures by which security checks, registration and accreditation, issue of coding permits, and distribution, storage and recording of coding material of an information system shall be performed, as well as regarding the security requirements which are set out for information systems in order to ensure the processing, storage and transfer of official secrets, NATO or European Union classified information.

[8 February 2005]

24. An information system security supervisor assigned by a written direction (order) of the head of the institution shall be responsible for the operation of the information system in which official secrets objects, NATO and European Union classified information are processed and stored. It is necessary for employees who service the information system to have a relevant level of special permit, which conforms to the secrecy level of the official secrets, which are processed and stored in the information system. If the information system processes and stores NATO and European Union confidential or secret classified information, it is necessary for employees who service the information system to also have a certificate, which is one secrecy level higher than the secrecy level of the NATO and European Union classified information, which is processed and stored in the information system. If the information system processes and stores NATO and European Union top secret classified information, it is necessary for employees who service the information system to have a certificate, which certifies the access rights thereof to NATO and European Union top secret classified information.

[8 February 2005]

25. The premises in which activities with official secrets objects, NATO or European Union classified information are performed shall be controllable and ensured against the unauthorised entry of unauthorised persons. The institution guard post on the basis of a request from employees shall issue once-only passes for visits to the institution and shall note in writing (given name, surname, position, institution, time) the arrival and departure of the visitor from the institution or the part thereof in which work with official secrets objects, NATO or European Union classified information are performed. Premises in which work with official secrets objects, NATO or European Union classified information are performed a visitor may visit only in company with an institution employee. If necessary, a guard may be placed outside the premises in which issues, which are associated with official secrets objects, NATO or European Union classified information, are discussed. A person may become acquainted with top secret official secrets objects, NATO or European Union top secret classified information only in premises in which special record-keeping is performed. To top secret official secrets objects, NATO or European Union top secret classified information shall be appended a list of those officials who have become acquainted with the referred to information and have certified this fact with their signature, as well as indicated the time and date of such acquaintance.

26. Premises in which official secrets objects, NATO or European Union classified information are collected shall conform to the following requirements:

26.1. the walls and covering constructions shall be made of resistant, dense construction materials (reinforced concrete, concrete, aerated concrete, stone, brick wall, metal constructions). The wall and covering construction minimum ultimate strength and stability characteristics shall not be lower than the strength, stability and sound-insulation characteristics of a dense 250 mm thick bonded brick wall if the specific weight of bricks used for the theoretical wall is not less than 1400 kg/m3, their compression strength and bending strength is not less than 10 MPa, but the bending strength of cement-lime mortar used to bind the wall >= 2.5 MPa; 26.2. the entry door shall be made of:

26.2.1. metal construction;

26.2.2. air-dried (moisture less than 18%) very hard, hard or medium-hard solid wood (for example, hornbeam, beech, ash, oak, maple; hardness class I-III), if the door leaf minimal thickness is not less than 37 mm; and

26.2.3. air-dried (moisture less than 18%) medium-soft or soft solid wood (for example, birch, pine, fir, alder; hardness class IV-V), if the door leaf minimal thickness is not less than 50 mm. If the door leaf minimal thickness in the cases referred to in Clause 26.2.2 is 25-37 mm, but in the cases referred to in this Clause 25-50 mm, they shall clad on the outside with at least a 4 mm thick steel plate panelling;

26.3. the door or overlight glazing (for example, wire glass, armoured glass) mechanical strength and sound isolation indicators are not lower than the indicators for the basic materials of the relevant door;

26.4. the security of the construction solutions for door jambs and their fastenings in the wall shall not be lower than the strength of the basic materials of the relevant door;

26.5. the gap between the doors of double doors shall be covered from both sides with interface mouldings. It is prohibited to utilise doors which open in both directions;

26.6. the door hinges shall be placed on the inside or the hinge bolts shall be welded so that it is impossible to remove the doors;

26.7. the doors shall have at least in one of the door leafs a mechanical mortise lock;

26.8. the windows shall be fitted out with steel grilles the minimal diameter of the bars of which is 20 mm and the largest spaces between bars - 150 mm. The grilles shall be welded at the points of intersection;

26.9. the windows shall be fitted out with blinds or other measures performed which do not allow the premises to be observed from the outside;

26.10. the protection of the air-conditioning system and smoke flues shall be ensured in order to not allow access to them by unauthorised persons; and

26.11. if the premises are not guarded after work, they shall be equipped with a security and fire-extinguishing alarm system, which can operate also when if the electric current is disconnected, and which is connected to the guard premises. The checking of the alarm system equipment operability shall be performed from the guard premises board. The National Security Authority shall determine the requirements for alarm system equipment. Not less than three security employees shall continually perform guarding duties. Security employees require at least Category three special permits. If in relation to the performance of work duties, the content of higher level official secrets objects, NATO or European Union classified information has become known by a security employee, the relevant State security institution or the National Security Authority shall warn him or her in writing regarding the non-disclosure of such information and liability thereof.

27. The applicability of premises for a specified secrecy level for the storage of official secrets objects shall be checked by the relevant State security institution or the National Security Authority if in the premises are stored NATO or European Union classified information. State security institutions or the National Security Authority may allow deviations from the requirements referred to in these Regulations if they recognise that as a whole the measures performed ensure the protection of official secrets objects, NATO or European Union classified information in the concrete premises. After the performance of the check a relevant certificate shall be issued.

28. Official secrets objects, NATO and European Union classified information shall be stored in safes in conformity with the following requirements:

28.1. NATO top secret (COSMIC TOP SECRET) classified information shall be stored in a separate safe separately from official secrets objects and other NATO and European Union classified information;

28.2. European Union top secret (TOP SECRET) classified information shall be stored in a separate safe separately from official secrets objects and other NATO and European Union classified information;

28.3. official secrets objects, as well as NATO and European Union confidential (CONFIDENTIAL) and secret (SECRET) classified information may be stored in one safe separately, with each type of classified information placed in separate compartments of the safe;

28.4. the security requirements for safes and applicability for the relevant level for the storage of official secrets objects, NATO and European Union classified information shall be determined by the National Security Authority;

28.5. on each safe in which are stored official secrets objects, NATO and European Union classified information it is necessary to place a sticker with the following information:

28.5.1. the given name, surname and telephone number of the employee responsible for the safe in order to ensure the possibility of contacting him or her in an emergency situation or in the case if the safe is found open; and

28.5.2. the registration number of the safe; and

28.6. in the evacuation plan shall be indicated information regarding measures, which are to be performed with the official secrets objects, NATO and European Union classified information stored in safes in emergency situations or a state of emergency.

29. The code combinations of safes storing official secrets objects, NATO and European Union classified information, and one copy of the safe and premises keys together with information regarding the registration number, location of the safe and employee (given name, surname) who is responsible for the safe shall be kept in the safe of the structural unit for ensuring the secrecy regime or head of the institution placed in a case or envelope. On the case or envelope closing flaps there shall be the seal (stamp) stamp or signature of the employee responsible for the safe. The seal or signature shall be covered with a see-through tape or other appropriate packaging material.

[8 February 2005]

30. The code combinations of the safe shall be changed:

30.1. not less than once every six months;

30.2. if work relations are discontinued with the employee who was responsible for the safe; and

30.3. if there is a suspicion that the safe code combination has become known to unauthorised persons.

31. At the end of working time an employee, in leaving the premises in which official secrets objects, NATO or European Union classified information is stored, shall perform the following activities:

31.1. check whether the official secrets objects, NATO or European Union classified information has been placed in the safes, lock the safes, as well as close the windows;

31.2. make a note in the control sheet regarding the performance of the checks specified in Sub-paragraph 31.1 of these Regulations indicating the date and time. The note made in the control sheet shall be certified with his or her signature. The control sheet shall be affixed to the inside of the entry door to the premises or on the wall inside the premises close to the door. The control sheet shall be kept for 60 days after the making of the last notation. At the end of the referred to time period the control sheet may be destroyed;

31.3. lock the entry doors;

31.4. connect the alarm system of the premises; and

31.5. transfer the premises to the security guard.

32. If in the premises are stored official secrets objects, NATO or European Union classified information, the cleaning of the premises and other household activities in the referred to premises shall be performed in the presence of the holder of the official secrets objects, NATO or European Union classified information.

33. The structural unit for ensuring the secrecy regime or the specially assigned employee shall, not less than once per quarter, but a commission established with a direction (order) of the head of the institution once per year, check the existence of the official secrets objects, NATO or European Union classified information in the institution. In respect of the results of the check the commission shall compile a report. The report shall be kept for three years. The National Security Authority has the right to perform checks without warning regarding the existence of NATO and European Union classified information in the institution and compliance with protection requirements. The relevant State security institution has the right to perform checks without warning regarding the existence of official secrets objects in the institution and compliance with protection requirements.

[8 February 2005]

34. If work relations are discontinued with the employee of an institution who has a special permit or certificate, or he or she has been assigned to implement other duties in the institution, the employee shall hand over all the existing official secrets objects, NATO or European Union classified information at his or her disposal to the structural unit, which organises special record-keeping, or (with a deed of transfer and acceptance) to the person taking over the duties and regarding this shall make an entry in the special record-keeping registration and accounting journals and/or in the electronic information system (hereinafter - system).

35. Emergency services employees, fire-fighters, ambulance crews, as well as operative groups (if a crime has been committed) in the territory and premises in which work is performed with official secrets objects, NATO or European Union classified information, shall be allowed to enter and stay therein in the presence of security guard employees or employees who are responsible for ensuring the secrecy regime.

36. Official secrets objects, NATO and European Union classified information to addressees in Latvia may be delivered by institution courier (confidential, secret and top secret official secrets objects, NATO or European Union confidential, secret and top secret classified information), by an employee assigned by the head of the institution (confidential and secret official secrets objects, NATO or European Union confidential classified information) or by the State stock company Latvijas Pasts [Latvian Post] (confidential, secret and top secret official secrets objects), utilising service motor vehicles, air transport or carried (it is prohibited to carry secret and top secret classified information). Only couriers approved by the National Security Authority may deliver NATO or European Union secret and top secret classified information to addressees in Latvia. It is prohibited to utilise public transport for delivery of official secrets objects, NATO or European Union classified information. The State stock company Latvijas Pasts courier mail may deliver official secrets objects to addressees by train.

[8 February 2005]

37. Official secrets objects, NATO and European Union classified information to foreign states or from foreign states may be delivered by diplomatic mail (confidential and secret official secrets objects, NATO or European Union confidential and secret classified information), by institution courier (confidential, secret and top secret official secrets objects, NATO or European Union confidential, secret and top secret classified information) and by an employee assigned by the head of the institution (confidential and secret official secrets objects, NATO or European Union confidential classified information) utilising service transport or air transport. It is necessary for employees or couriers to have an appropriate level special permit and, in delivering NATO or European Union classified information, a certificate. Couriers approved by the National Security Authority may deliver NATO or European Union secret and top secret classified information to foreign states or from foreign states. The way of sending and route of NATO or European Union top secret classified information to foreign states or from foreign states shall be co-ordinated with the National Security Authority.

[8 February 2005]

38. In respect of the storage of official secrets objects given to the State stock company Latvijas Pasts courier mail during the course of conveyance and delivery the director-general of the referred to company shall be responsible. The director-general shall determine the procedures for the acceptance, conveyance, delivery and transfer of the consignment in conformity with the requirements specified in these Regulations.

[8 February 2005]

39. For a courier or employee who delivers official secrets objects, NATO or European Union classified information:

39.1. it is prohibited to leave entrusted information without personal supervision (for example, in hotels, hotel safes or baggage storage facilities, motor cars);

39.2. it is prohibited to become acquainted with the contents of entrusted information to be sent; and

39.3. the information shall be conveyed in such a way that an unauthorised person cannot determine that official secrets objects, NATO or European Union classified information are being conveyed, and become acquainted with its contents.

40. The head of an institution may allow an employee to take with him or her on official travel (also to foreign states) secret and confidential official secrets objects, NATO or European Union confidential classified information necessary for work in a double packaging if the employee utilises service motor transport or air transport. Prior to the taking of official secrets objects, NATO or European Union classified information on official travel, it is necessary that the employee:

40.1. receive from the relevant Latvia institution or foreign state organisation a certification that the storage of the official secrets objects, NATO or European Union classified information shall be ensured and the possibility of conveyance at the place of official travel to utilise service transport; and

40.2. during conveyance to comply with the requirements specified in Sub-paragraphs 39.1 and 39.2 of these Regulations.

[8 February 2005]

40.1 The head of an institution may allow an employee to receive NATO or European Union secret classified information intended for the institution or to deliver to an addressee, or to take with him or her on official travel (also to foreign states) NATO or European Union secret classified information necessary for work if each time prior written permit has been received from the National Security Authority. In issuing a permit the National Security Authority shall evaluate the necessity to receive, deliver or take on official travel NATO or European Union secret classified information, the possible threats, which could be created in the delivery thereof, as well as the possibility to ensure the implementation of the requirements specified in Sub-paragraphs 39.1, 39.2, 39.3 and 40.1 of these Regulations.

[8 February 2005]

41. Official secrets objects, NATO or European Union classified information may stored in foreign states:

41.1. in Republic of Latvia diplomatic or consular mission premises, complying with the measures for ensuring protection of official secrets objects, NATO or European Union classified information; and

41.2. in those controlled premises in foreign states with which the Republic of Latvia has entered into an agreement regarding the protection of classified information.

42. Official secrets objects, NATO or European Union classified information shall be sent in double packaging. The inner and outer packaging shall be made in conformity with the requirements specified in Chapter VI of these Regulations.

43. If to a person who does not have the relevant special permits or certificates becomes known official secrets, NATO or European Union classified information, he or she has a duty not to disclose them. The relevant State security institution or the National Security Authority (in relation to NATO or European Union classified information to which this fact becomes known, shall warn in writing such person regarding this. If to the person who does not have the relevant special permits or certificates the official secrets, NATO or European Union classified information becomes known within the scope of civil procedure or criminal procedure, the duty of the performer of procedures is to inform the relevant State security institution or the National Security Authority regarding this, which shall warn in writing the referred to person regarding the duty not to disclose it.

IV. Classification of Official Secrets Objects, Amendment and Declassification of Secrecy Levels

44. The conditions for the classification of official secrets objects, amendment and declassification of secrecy levels shall not apply to NATO and European Union classified information.

45. The classification of official secrets objects is the granting of secrecy levels (top secret, secret, confidential) to objects in accordance with the list of objects. If the information in accordance with the list of objects conforms to official secrets object status, but the loss or illegal disclosure thereof cannot do any harm to State security, economic or political interests, the status of the information shall be specified in compliance with the Freedom of Information Law.

[8 February 2005]

46. The declassification of an official secrets object is the removal of the secrecy level of the object.

47. An official secrets object shall be classified by an employee who signs or approves it. In classifying official secrets objects, the time period shall be indicated after the end of which a decision must be taken regarding the preservation, amendment or removal of the secrecy level of the relevant object. The secrecy level shall be reviewed by the employee who has signed or approved the official secrets object if his or her position duties are to be the holder of such official secret, or an employee whose position duty is to be a classifier of official secrets objects at the moment of review of the secrecy level.

48. If a decision is taken to preserve the initial secrecy level specified for an official secrets object or the secrecy level of a official secrets object is changed, or it is declassified prior the end of the initial time period specified, the taker of the decision shall inform in writing all the relevant holders of the official secrets object. The relevant holder of the official secrets object shall within a period of 10 days make the amendments to the relevant object designations regarding the preservation, amendment or declassification of the secrecy level.

49. The holder of an official secrets object shall declassify the official secrets object if from the institution, which has prepared such object up to the end of the specified secrecy time period written information has not been received regarding the necessity to preserve the secrecy level specified.

50. In classifying an official secrets object its general secrecy level shall be determined by the highest secrecy level indicated for the separate relevant object components.

51. If several official secrets objects with various secrecy levels are unified into one object, it shall be granted the highest secrecy level specified for the former separate objects and determined the longest of the secrecy level preservation time periods.

52. Each part of an official secrets object may be utilised separately, designating each as an independent official secrets object.

53. A refusal to provide information basing it upon the fact that the requested information belongs to an official secret, the requestor of the information if he or she does not agree with the justification for the refusal, may dispute it to the head of the institution. A refusal by the head of the institution to provide information, which has been granted official secrets status, the requestor of the information may dispute it to the director of the Constitution Protection Bureau. The decision of the director of the Constitution Protection Bureau may be disputed according to the procedures specified in the Law On Official Secrets.

54. If an object conforms to the official secrets object criteria, but is not included in the list of objects, the relevant head of an institution shall:

54.1. grant the referred to object a temporary secrecy level for a period pf up to six months;

54.2. according to specified procedures prepare and submit a proposal regarding amendments to the list of objects;

54.3. ensure the protection of the relevant object in conformity the requirements specified in these Regulations; and

54.4. revoke the temporary secrecy level of the object if within a period of six months the list of objects has not been appropriately amended.

55. The separate unclassified parts of an official secrets object, separating them from the classified official secrets object, may be utilised openly.

56. Information utilised for training purposes, which imitates official secrets objects, shall be deemed to be open.

56.1 Unclassified information received from private-law bodies shall have official secrets status granted if in accordance with Section 2, Paragraph one of the Law On Official Secrets it contains official secrets. Official secrets status shall granted to the information by the employee whom the private-law body has sent the information to, if he or she has the relevant category special permit. The employee shall make on the received object a notation regarding the granting of a specified secrecy level, utilise other special designations, as well as inform the private-law body regarding the granting of official secrets status to the object received.

[8 February 2005]

57. The holder of NATO and European Union classified information irrespective of the existence of a classification time period is prohibited from arbitrarily changing the classification level if a request or consent from the preparer of the information has not been received, except in the case if the specified classification time period of the information has ended.

V. Use of Special Designations

58. Official secrets objects shall be designated by placing the relevant designations according to specified procedures (Annex 4) and appending special indication pages regarding the fact that the object has been appropriately classified; top secret - violet colour, secret - red colour, and confidential - blue colour. If it is not possible to utilise the indication page, an indication sticker shall be used.

[8 February 2005]

58.1 Indication pages and indication stickers shall also be appended to NATO and European Union classified information.

[8 February 2005]

59. In the indication page only the following information shall be provided:

59.1. in the middle of the top margin and bottom margin of the page shall be indicated the general secrecy level of the official secrets object, NATO or European Union classified information ("SEVIŠĶI SLEPENI" [TOP SECRET], "SLEPENI" [SECRET], "KONFIDENCIĀLI" [CONFIDENTIAL]); and

59.2. in the middle of the page shall be indicated that the relevant information is protected in accordance with the Law ON Official Secrets.

[8 February 2005]

60. Indication stickers in the relevant colours shall be affixed to electronic information carriers (for example, disks, compact disks (CD-R)), tables, charts, drawings and photographs. The indication stickers shall include:

60.1. the secrecy level of the official secrets objects, NATO or European Union classified information;

60.2. the name of the institution;

60.3. the registration number and date of the official secrets objects, NATO or European Union classified information.

[8 February 2005]

60.1 On the official secrets object page in the pre-text zone on the right-hand side shall be indicated the general secrecy level of the official secrets object (("SEVIŠĶI SLEPENI" [TOP SECRET], "SLEPENI" [SECRET], "KONFIDENCIĀLI" [CONFIDENTIAL]) and the number of the copy.

[8 February 2005]

61. The pages of an official secrets object shall be numbered on each page lower margin right-hand corner with Arabic numerals indicating the order number of the page and after a dash - the total number of pages of the document. A note regarding the justification of the classification and the time period, as well as the surname and signature of the classifying official shall be indicated on the first page of the document in the bottom right-hand side. Pages on which there is no information, shall not be numbered. In the middle thereof an indication shall be made: "Šī lappuse nav izmantota" [This page has not been utilised]. If the written information is placed only on one side of the page, such an indication shall be placed on all unutilised page other sides.

62. In the middle of the top margin and bottom margin of each page of an official secrets object a notation shall be made regarding the secrecy level of the information included in the concrete page of the relevant object ("SEVIŠĶI SLEPENI" [TOP SECRET], "SLEPENI" [SECRET], "KONFIDENCIĀLI" [CONFIDENTIAL]). If the concrete page of the official secrets object does not have information, which contains official secrets, in the middle of the top margin and bottom margin of such page a notation shall be made "NAV KLASIFICĒTS" [NOT CLASSIFIED], "DIENESTA VAJADZĪBĀM" [FOR OFFICIAL USE] or "IEROBEŽOTA PIEEJAMĪBA" [RESTRICTED ACCESS].

[8 February 2005]

63. If the secrecy level of an official secrets object is amended or the referred to object is declassified, accordingly relevant amendments shall be made to the designations and indications on the official secrets object, as well as justification for the making of amendments. On declassified official secrets objects a notation "NAV KLASIFICĒTS" [NOT CLASSIFIED], "DIENESTA VAJADZĪBĀM" [FOR OFFICIAL USE] or "IEROBEŽOTA PIEEJAMĪBA" [RESTRICTED ACCESS] shall be made.

[8 February 2005]

64. In an official secrets object pursuant to the information contained therein separate components, section texts, paragraphs or sub-paragraphs may have various secrecy levels or also have no secrecy. In such case, in the official secrets object before such parts of the information contained therein, for the designation of secrecy levels shall be used special abbreviated designations: "Sevišķi slepeni" [Top secret] - (SS), "Slepeni" [Secret] - (S), "Konfidenciāli" [Confidential] - (K), but for official secrets components which do not contain official secrets - (N), "Dienesta vajadzībām" [For official use] - (DV) or "Ierobežota pieejamība" [Restricted access] - (IP). A secrecy level is not granted to the title of an official secrets object.

[8 February 2005]

64.1 The covering letter of an official secrets object, NATO or European Union classified information is not an official secrets object, NATO or European Union classified information if it only indicates the sending of the appended official secrets object, NATO or European Union classified information.

[8 February 2005]

65. On the first page in the upper left-hand corner of a translation of foreign classified information shall be written the word "Tulkojums" [Translation] and the state or international organisation from which such information was received shall be indicated, as well the designations of the formulator shall be used (Annex 5) and the relevant designations in the Latvian language.

[8 February 2005]

66. In preparing classified documents for the needs of NATO, the European Union, foreign international organisations and institutions, they shall be developed in conformity with the requirements of the referred to international organisation.

VI. Special Record-keeping

67. The documentation of registration and recording, receipt, storage, issue, utilisation, delivery and destruction of official secrets objects received and prepared in the institution shall be performed by the structural unit responsible for the maintenance of special record-keeping (hereinafter - division), or in an institution with a small amount of special record-keeping (up to 250 official secrets objects per year) - a special record-keeping employee appointed by the direction (order) of the head of the institution.

68. Special record-keeping shall be organised separately from the rest of the record-keeping division of the institution or by the relevant special record-keeping employee who shall be directly subordinate to the head of the institution. Official secrets objects at the institution shall be received and sent only through the division.

69. The circulation of NATO and European Union classified information in the institution shall be performed separately from the circulation of official secrets objects, the special record-keeping thereof shall be organised by a sub-registry bureau or control point bureau (hereinafter - sub-registry) - in a special institution or a section established within a structural unit subordinate to the institution or an employee assigned by the direction (order) of the head of the institution, or a special record-keeping sub-structure, which organises and controls the circulation and protection of NATO and European Union classified information. The sub-registry shall be directly subordinate to the head of the institution.

[8 February 2005]

70. The protection of NATO and European Union classified information transferred to Latvia as a whole shall be ensured by the Central Registration Bureau, which shall supervise and co-ordinate the work of the sub-registries. The Central Registration Bureau is a sub-structure of the National Security Authority.

71. The Constitution Protection Bureau shall develop and the director of the Constitution Protection Bureau shall approve instructions regarding the circulation of NATO and European Union classified information. The instructions shall determine in detail the procedures for the protection and circulation of NATO and European Union classified information in the Republic of Latvia.

72. If an institution receives NATO top secret (COSMIC TOP SECRET) or European Union top secret (TOP SECRET) classified information, the head of the institution shall assign the sub-registry employee who shall be responsible for the storage, registration and circulation in the institution for such category classified information.

73. A sub-registry shall ensure the implementation of the following requirements:

73.1. the registration and circulation of NATO and European Union classified information shall be performed separately from one another;

73.2. NATO top secret ("COSMIC TOP SECRET") classified information shall be registered, stored (separate safe) and its circulation shall be performed separately from the rest of NATO classified information; and

73.3. European Union top secret ("TOP SECRET") classified information shall be registered, stored (separate safe) and its circulation shall be performed separately from the rest of European Union classified information.

74. An employee of the division (sub-registry) shall receive the official secrets object, NATO or European Union classified information consignments addressed to the institution, verify the conformity of the address of the consignment, ascertain the state of the packaging of the consignment, open the outer packaging, compare the registration numbers of the consignment with those numbers indicated in the courier's covering letter and sign for the receipt of the consignment.

75. If the employee of the division (sub-registry) determines damage to the outer and inner packaging or inner packaging sealing of the consignment due to which the content of the consignment may have been disclosed, he or she shall take the following actions:

75.1. make a notation thereof in the courier's covering letter;

75.2. draw up a statement in three copies. The statement shall indicate the nature of the damage. The recipient and the courier shall sign the statement;

75.3. make an appropriate notation in the official secrets object, NATO or European Union classified information registration and accounting system;

75.4. send the second copy of the statement referred to in Sub-paragraph 74.2 of these Regulations to the sender; and

75.5. send the third copy of the statement referred to in Sub-paragraph 62.2 of these Regulations to the relevant State security institution (National Security Authority).

76. Subsequent to the opening of the inner packaging of the consignment the employee of the division (sub-registry) shall:

76.1. verify the correspondence of the official secrets object, NATO or European Union classified information and the relevant numbers with the numbers indicated in the covering letter (if such exists) or indicated on the consignment;

76.2. draw up a statement in two copies and send the second copy of the statement to the sender if there is determined that the indicated official secret objects, NATO or European Union classified information are missing or if such official secret objects, NATO or European Union classified information are determined in the consignment as are not indicated in the covering letter or on the consignment;

76.3. divide the official secret objects, NATO or European Union classified information into groups according to their secrecy level;

76.4. append to each official secret object, NATO or European Union classified information an appropriate indication sheet; and

76.5. register the official secret objects, NATO or European Union classified information in the relevant appropriate secrecy level registration and recording system of received official secrets objects or the appropriate secrecy level (top secret, secret or confidential) of the registration and recording system of received NATO or European Union classified information (Annex 6). Institutions, in which there is a small number of received and sent official secrets objects may register all received official secrets objects in one registration and recording system of received official secrets objects (this condition shall not apply to NATO or European Union classified information).

[8 February 2005]

77. If the official secrets objects, NATO or European Union classified information is delivered directly to the recipient by an employee of the sender, the recipient shall sign in the sender's consignment official secrets objects, NATO or European Union classified information registration and recording system (Annex 7) or a document, which certifies receipt of the consignment. Documents, which certify receipt, shall be stored for three years after the end of the relevant calendar year.

78. On the bottom right-hand side of the first page of the cover letter of each received official secrets object, NATO or European Union classified information a notation shall be made regarding receipt and registration indicating therein the name of the receiving institution, date of receipt and registration number.

79. The received registered official secrets objects, NATO or European Union classified information in return for a signature in the relevant registration system shall be transferred for examination to the addressee or the head of the institution who may specify his or her directions and tasks for implementation by a resolution.

[8 February 2005]

80. Official secrets object, NATO or European Union classified information after their signing and the granting of the relevant classification level shall be transferred to the division (sub-registry), which shall register them in the appropriate secrecy level registration and recording system of sent official secrets objects, NATO or European Union classified information. Institutions, in which there is a small number of received and sent official secrets objects may register all processed official secrets objects in one registration and recording system of sent official secrets objects (this condition shall not apply to NATO or European Union classified information).

[8 February 2005]

81. The received official secrets objects, NATO or European Union classified information registration and recording system and the sent official secrets objects, NATO or European Union classified information registration and recording system and the records therein shall not be deemed to be official secrets objects, NATO or European Union classified information.

82. Confidential official secrets objects, NATO or European Union classified information shall be copied by:

82.1. the holder of the relevant official secrets object, NATO or European Union classified information if it is performed to ensure work or service interests, and the copies are located in internal circulation in the institution. The head of the institution in approving protection measures in the institution for official secrets objects, NATO or European Union classified information shall determine the place and the procedures by which the holder prepares copies of confidential official secrets objects, NATO or European Union classified information. The prepared work copies shall not be registered. The copier may transfer a copy to the disposal of other employees after he or she has ascertained that they have the appropriate level of special permit or certificate and the possibility to ensure the storage of the copy in conformity with the specified requirements; and

82.2. the division (sub-registry) if it is necessary to send a copy of the official secrets object, NATO or European Union classified information to another institution and shall number it.

[8 February 2005]

83. A division (sub-registry) shall copy secret official secrets objects, NATO or European Union classified information in accordance with the permission of the head of the head of the institution. The copies shall be numbered. The National Security Authority shall be informed within a period of five working days regarding the copying of NATO or European Union secret classified information.

[8 February 2005]

84. Top secret official secrets object copies may be prepared by the institution, which has prepared the official secrets object (document), or (with the permission of the relevant head of the institution) the recipient of the information. In individual emergency situations (for example, the necessity to perform urgent operative activity measures), which it is not possible to obtain the permission of the preparer for the copying of the top secret official secrets object or to receive copies, they may be prepared by the recipient of the information. The preparer of the top secret official secrets object shall be notified without delay regarding the performance of the copying of the top secret official secrets object, the number of copies prepared and the recipients thereof. It is prohibited to send to another institution top secret official secrets objects without the permission of the institution, which has prepared the top secret official secrets object.

[8 February 2005]

85. Copies of NATO or European Union top secret classified information on the basis of a submission from a head of an institution may be prepared only by the NATO or European Union Security Bureau or by the author of the information. In an Emergency situation top secret information may be copied by the National Security Authority, which shall, within a period of three working days, inform the author of the information or the NATO or European Union Security Bureau.

[8 February 2005]

86. Information regarding prepared and numbered copies (date, copy number, transfer certification) the employee of the division (sub-registry) shall indicate in the appropriate secrecy level registration and recording system of received official secrets objects, NATO or European Union classified information or the appropriate secrecy level registration and recording system of sent official secrets objects, NATO or European Union classified information.

87. Extracts may be made from confidential and secret official secrets objects, NATO or European Union confidential and secret classified information, which have been received from other institutions and included in other official secrets objects preserving the secrecy level of the original official secrets object, NATO or European Union classified information and granting them registration numbers. Extracts may be made from top secret official secrets objects (except top secret NATO or European Union classified information) if permission is received from the preparer.

[8 February 2005]

87.1 Translations of foreign classified information shall preserve the relevant secrecy levels specified for the originals and shall be granted registration numbers.

[8 February 2005]

88. Official secrets objects, NATO or European Union classified information shall be sent in a double packaging. On the outer packaging shall be indicated only the receiving institution (without the surname and position of the official) and the address thereof. On the outer packaging may be indicated the number of the consignment. The secrecy level of the contents of the consignment shall not be indicated on the outer packaging.

89. on the inner packaging of the official secrets objects, NATO or European Union classified information shall be indicated the relevant secrecy designations (for example, the secrecy level, number of the copy), the precise address of the receiving institution and the relevant official, the sender and the address thereof, as well as the given name, surname of the packager of the consignment and the registration number of the sent document. The inner packaging shall be stamped and places of fastening the packaging shall be covered with a transparent sealing tape or other appropriate material for the type of packaging.

90. For the sending of large-sized official secrets objects, NATO or European Union classified information, parcels, roll-type packages, sacks, boxes or containers shall be utilised, which shall be stamped with a sealing-wax stamp or seal, taking into account the requirements specified in Paragraphs 88 and 89 of these Regulations.

91. If official secrets objects, NATO or European Union classified information which have various secrecy levels are sent in one packaging, the highest secrecy level of the official secrets object, NATO or European Union classified information placed therein shall be specified on the inner packaging of the consignment.

92. Official secrets objects, NATO or European Union classified information prepared for sending shall be recorded and a notation shall be made in the correspondence covering letter, which is sent by the State stock company Latvijas pasts (Annex 8) or the courier of the institution. The covering letter shall be drawn up in two copies by the employee of the division (sub-registry). The consignment shall be placed in the outer packaging in the presence of the courier. The consignments together with the first copy of the covering letter shall be transferred to the State stock company Latvijas pasts courier post or the institution courier. In the second copy of the covering letter, which shall remain in the division (sub-registry), the courier shall indicate the number of consignments accepted for delivery (in words), date and time and certify the entry with his or her signature and imprint of a seal or stamp. Subsequent to delivery of the consignment to the addressee the courier shall return the first copy of the covering letter in which the recipient has indicated the number of accepted consignments (in words), date, time and has certified with his or her signature and imprint of a seal or stamp, to the division (sub-registry). Covering letters shall be stored for three years.

[8 February 2005]

93. Technical information media (for example, diskettes, optical disks, magnetic tapes), which contain official secrets, NATO or European Union classified information shall be registered in the division (sub-registry).

94. Erasures or blocking out of entries shall not be permitted in the registration and recording system. Each correction made shall be justified, the surname of the relevant employee shall be indicated and he or she shall certify the correction made by his or her signature.

95. If the institution maintaining special record-keeping is liquidated or reorganised, the official secrets objects, NATO or European Union classified information shall be transferred to the institution which is the successor in rights and obligations of the institution to be liquidated or reorganised, or to an institution of higher standing. If the successor in rights and obligations has not been determined, the official secrets objects after co-ordination with the Office of the Director General of the State Archives with a deed shall be transferred to the Latvian State archive, but NATO and European Union classified information - to the National Security Authority

VII. Destruction of Official Secrets Objects, NATO and European Union Classified Information

96. Official secrets objects, NATO and European Union classified information (also copies) may be destroyed if they have lost their actuality and are not necessary for work, except one copy of an official secrets object prepared and registered in an institution, the storage of which after its declassification shall be co-ordinated with the State archives. A decision regarding the destruction of official secrets objects, NATO or European Union classified information shall be taken by the head of the institution. Official secrets objects, NATO or European Union classified information shall be destroyed if such is requested by the institution, which has prepared the relevant official secrets objects, NATO or European Union classified information.

97. After receipt of a written order by the head of the institution regarding the destruction of official secrets objects, it shall be carried out by the employee of the division who is responsible for the storage, registration and circulation of the relevant official secrets object in the institution. A witness shall participate in the destruction process of top secret and secret official secrets objects - the relevant State security institution employee. A statement of destruction shall be drawn up in two copies. In destroying confidential official secrets objects registered in the division and the copies thereof, a statement of destruction shall not be drawn up, but a witness shall participate in the destruction process - the head of the institution or an employee assigned by him or her. Unregistered copies, which are prepared of confidential official secrets objects, after ensuring the work needs of the institution, shall be destroyed by the holders of the documents. The destruction of such copies shall not be documented.

[8 February 2005]

98. After receipt of a written order by the head of the institution regarding the destruction of NATO and European Union classified information, it shall be carried out by the employee of the sub-registry who is responsible for the storage, registration and circulation of the relevant NATO and European Union classified information in the institution. A National Security Authority employee shall participate in the destruction process of NATO and European Union secret and top secret classified information. A statement of destruction shall be drawn up in two copies regarding the destruction of NATO and European Union secret and top secret classified information. In the statement of destruction both officials shall certify the destruction with their signatures. One copy of the statement of destruction shall be sent to the National Security Authority, but the other shall remain in storage in the sub-registry. In destroying NATO and European Union registered confidential classified information, a statement of destruction shall not be drawn up, but the head of the institution or an employee assigned by him or her shall participate in the destruction. Copies copied for work, if they are not registered, shall be destroyed by the holder of the documents. The destruction of such copies shall not be documented.

[8 February 2005]

99. An employee of the division (sub-registry) after the destruction of the official secrets objects, NATO or European Union classified information shall make notations regarding the destruction performed in the relevant appropriate secrecy level registration and recording system of received or sent official secrets objects, NATO or European Union classified information. For confidential official secrets objects, NATO or European Union confidential classified information, in the information system shall be indicated the justification for destruction, the date and the person who participated in the destruction (this record shall be certified by the relevant person with his or her signature), for top secret and secret official secrets objects and secret or NATO or European Union top secret classified information - the number and date of the statement of destruction. The employee of the division (sub-registry) shall certify the records with his or her signature.

[8 February 2005]

100. Official secrets objects, NATO and European Union classified information shall be destroyed by burning, melting, chemical decomposition or shredding so that the possibility of obtaining information from its medium or to restore it is lost. If the official secrets objects, NATO or European Union classified information are destroyed by a shredder, the size of the strips of shredded paper shall be not longer than 20 mm and not wider than 1.5 mm.

101. Statements regarding destruction of official secrets objects, NATO or European Union classified information shall be stored for five years; top secret official secrets objects, NATO or European Union classified information statements regarding destruction shall be stored for ten years, after which they may be destroyed.

VIII. Receipt, Transfer, Utilisation, Declassification and Destruction of Classified Information Sent from Foreign States

102. Classified information from foreign states shall be received, transferred, utilised, declassified and destroyed in accordance with the provisions of international agreements.

IX. Transfer of Official Secrets Objects to Foreign Representatives within the Framework of Co-operation between the Republic of Latvia and Foreign States

103. Official secrets objects shall be transferred to foreign institutions within the framework of co-operation between the Republic of Latvia and foreign states in accordance with the provisions of international agreements.

X. Internal Investigation of Disclosure or Loss of Official Secrets Objects, NATO or European Union Classified Information

104. If the head of the institution has a reason to believe that disclosure of an official secret, NATO or European Union classified information or loss of an official secret object, NATO or European Union classified information has occurred, he or she shall:

104.1. without delay notify a superior head and the relevant State security institution (National Security Authority);

104.2. not later than on the next day set up an internal investigation commission comprising at least three persons. The internal investigation commission shall comprise representatives of the institution and the relevant State security institution (National Security Authority); and

104.3. in co-operation with the relevant State security institution (National Security Authority) organise a search for the lost official secret objects, NATO or European Union classified information.

105. The internal investigation commission shall have the following duties:

105.1. to clarify the circumstances (for example, time, place) of the disclosure of official secrets, NATO or European Union classified information or the loss of the official secrets object, NATO or European Union classified information;

105.2. to ascertain the persons at fault;

105.3. to clarify the causes and circumstances which have facilitated the commission of the violation, and to perform measures for the prevention thereof; and

105.4. to specify the harm caused or which might have been caused in the case of disclosure of official secret, NATO or European Union classified information or the loss of the official secrets object, NATO or European Union classified information.

106. Members of the internal investigation commission have the following rights:

106.1. to conduct an inspection of the premises, territory, safes, tables and cupboards of the relevant institution;

106.2. to inspect the official secrets objects, NATO or European Union classified information registration and records systems and other documents; and

106.3. to request explanations from the employees of the relevant institution.

107. The internal investigation shall be performed and an opinion shall be prepared within a period of one month. The opinion shall indicate whether a violation has occurred and who is liable for it. By a decision, which is motivated and accepted by the head of the institution, the time period of the internal investigation may be extended for up to two months. The time when the employee in respect of whose actions the internal investigation is performed has temporary work incapacity or he or she is on leave or official travel, shall not be included in the time period of the internal investigation.

108. The internal investigation commission shall submit the internal investigation materials and an opinion to the head of the relevant institution. The internal investigation materials shall without delay be sent to the Constitution Protection Bureau (National Security Authority).

109. Internal investigation materials, which are associated with a confidential and secret official secrets object, NATO or European Union confidential and secret classified information disclosure or loss shall be stored for five years, but internal investigation materials, which are associated with an top secret official secrets object, NATO or European Union top secret classified information disclosure or loss - for 10 years.

[8 February 2005]

110. The National Security Authority shall without delay inform the NATO Security Bureau or the European Union Security Bureau regarding the unsanctioned disclosure of NATO or European Union classified information and the results of the internal investigation.

[8 February 2005]

111. If the lost official secrets objects, NATO or European Union classified information have not been found, the search for such may be terminated if all possible search measures have been performed and the circumstances of the loss, as well as the persons at fault have been clarified.

112. The head of the relevant institution shall send the materials regarding termination of the search for the official secret objects, NATO or European Union classified information to the Constitution Protection Bureau (National Security Authority).

XI. Closing Provisions

113. Structural units for ensuring secrecy and special record-keeping (also sub-registries) shall be established and their operation shall be ensured within the framework of the number of staff positions provided for in the budget and the work remuneration fund.

114. The relevant State security institution (National Security Authority) shall evaluate the conformity of the institution for commencement of work with official secrets objects, NATO or European Union classified information and shall provide a relevant opinion. The institution may commence work with official secrets objects (NATO or European Union classified information) if a positive opinion has been received.

115. Up to the day of issue of the Cabinet instructions referred to in Paragraph 23.1 of these Regulations, but not later than up to 1 July 2005, the instruction accepted by the National Security Authority shall be in effect.

[8 February 2005]

116. The designations of official secrets objects, the special record-keeping journals, the acceptance and transfer deeds and destruction statements for official secrets objects, which were created prior to the coming into force of these Regulations, shall, up to the end of the time period of the specified classification, preserve the granted secrecy level.

117. Cabinet Regulation No. 225 of 25 June 1997, Regulations Regarding Protection of Official Secrets (Latvijas Vēstnesis, 1997, No. 167/168; 2000, No. 88/89; 2002, No. 159; 2003, No. 5) is repealed.

Prime Minister E. Repše

Minister for Defence Ģ.V. Kristovskis

 

Annex 1
Cabinet Regulation No. 21
6 January 2004

Special Permit for Access to State Secrets (Sample)

Front

 

Back

 

Name of institution

 

Photograph

 

Given name, surname

 

First (second, third) category

PERMIT

for access to top secret (secret, confidential) official secrets objects

Nr.00001

Valid until 00.00.0000

Head of the State security institution
 

(signature and full name)

Minister for Defence Ģ.V. Kristovskis

 

Annex 2
Cabinet Regulation No. 21
6 January 2004

Questionnaire

Information indicated in the questionnaire is confidential.
The questionnaire is to be completed by hand.
If necessary answers can be continued in an annex.

1. Given name, surname (in block letters) 2. Previous given name and surname (date and reason for changing)

 

3. Year and date of birth

 

4. Place of birth (state, city, district, parish), citizenship

 

5. Number, issuer and date of issue of passport

 

6. Personal identity number

-

7. Nationality

 

8. Citizenship

 

9. Manner of acquiring citizenship (in the case of naturalisation indicate the justification and date)
10. Contact telephones:
Home Mobile tel. Work
11. Have you previously received a special permit for work with official secrets (category, issuing institution)?

 

12. Have you been refused access to official secrets? (Reason for refusal and the circumstances to be described in an annex)

 

13. Permanent/declared place of residence for the last 15 years, also in foreign states
From To Address

(If necessary, continue in an annex)

 

14. Long-term (longer than three months) places of stay outside the permanent/declared place of residence, also in foreign states (education, work)

Address

(If necessary, continue in an annex)

 

15. Places of employment or services (during the last 15 years)
Name of place of employment

(If necessary, continue in an annex)

Address From To Position held

 

16. Military (alternative) service, also in foreign states, service in the Ministry of the Interior system

 

From To State, armed forces, branch of arms, location of the unit and number, the Ministry of the Interior structure

(If necessary, continue in an annex)

 

Position Highest service rank

 

17. State and military awards, also foreign state

 

18. Education (including unfinished)

 

Education institution From To Speciality acquired Degree obtained
19. Language skills (fluent, conversational level, by consulting a dictionary)

 

20. Marital status (year of marriage, year of dissolution of marriage, widow(er), civil marriage)

 

21. Information regarding members of the family and other relatives (also regarding civil spouse, foster parents, foster children, adopters, adoptees, half-brothers, half-sisters)
Relationship

 

 

 

Given name, surname, premarital surname

Personal identity number

Nationality Citizenship Place of residence Place of employment and position
             
Spouse/civil spouse
Father
Mother

Brothers

Sisters

Children

 

Father-in-law
Mother-in-law

Brothers-in-law

Sisters-in-law

22. Information regarding persons with whom there is a common household
Given name and surname

 

 

Personal identity number

 

Place of residence Place of employment Position

23. Disciplinary sanctions (in effect)

(If necessary, continue in an annex)

 

Type and basis thereof

 

24. Criminal record (including if the conviction has been extinguished, set aside, person has been granted clemency or amnestied)

(If necessary, continue in an annex)

 

Time and reason

25. Have you been held to criminal liability? In the last five years have you been a participant in criminal proceedings as an injured person, civil claimant, civil defendant or a participant in a civil proceedings matter?

(If necessary, continue in an annex)

 

Status, time and reason

 

26. Administrative sanctions (if the conviction is not extinguished), also in foreign states

(If necessary, continue in an annex)

 

Reason, Section of the Administrative Violations Code and sanction

 

27. Have you been deported from any state?

(If necessary, continue in an annex)

 

State, date and reason

 

28. Have you or your relatives ever had any contacts with foreign state security authorities (time, place, type)?

(If necessary, continue in an annex)

 

29. Have you or your relatives ever had any contact/co-operation with the KGB (time, place, reason)?

(If necessary, continue in an annex)

 

30. Cases or attempts of blackmail, threats and other danger or the attempts thereof from separate persons, organisations or institutions against you or your relatives

(If necessary, continue in an annex)

 

31. Have you been in the records of medical institutions due to alcoholism, addiction to narcotic, psychotropic or toxic substances, or mental illness?

(If necessary, continue in an annex)

 

32. Have you consulted with a psychiatry specialist, psychiatrist or narcotic addition specialist (reason and time period)?

(If necessary, continue in an annex)

 

33. Do you use (have used) antidepressants or psychotropic means (with or without a doctor's recommendation)?

(If necessary, continue in an annex)

 

34. Membership of a religious confession, religious organisation (also non-traditional) (name of organisation and confessional membership)

(If necessary, continue in an annex)

 

35. Membership of informal groups, associations (name, status)

(If necessary, continue in an annex)

 

36. Membership of non-governmental organisations, associations thereof, political organisations (parties) (name, status, time period)

(If necessary, continue in an annex)

 

37. Indicate all professional, social or charity organisations of which you are/have been a member, for the benefit of which you have operated or worked/are working

(If necessary, continue in an annex)

 

Name From To Operational aims and functions

 

 

38. Have you (your family members) ever worked for the Communist Party of the Soviet Union (Latvian Communist Party), the Latvian SSR Working Peoples International Front, the Work Collectives United Council, the War and Work Veterans Organisation or the All-Latvia Society Rescue Committee?
Name Time period Status

 

 

39. Additional income outside the primary place of employment (kind, place)

 

40. Loans issued, debt obligations, credit obligations, which exceed 10 minimum monthly salaries

 

41. Your and spouse's (civil spouse) immovable property, deposits in banks, securities, property shares in commercial companies/companies, joint property and possessions

(If necessary, continue in an annex)

 

Location, name Type Approximate value

 

 

42. Your and spouse's (civil spouse) means of transport, owned or in possession thereof
Make, model, year of manufacture, registration number Approximate value

 

 

43. Have you ever been involved in a military conflict as a participant or as an injured person (place, time, reason)?

(If necessary, continue in an annex)

 

44. Visits to foreign states in the last five years (reason, funding)

(If necessary, continue in an annex)

 

45, Indicate at least two persons who can provide references for you
Given name and surname

Personal identity number

Place of residence and contact telephone Place of employment and position

 

 

46. Do you have at your disposal facts, information or circumstances, which may be utilised against you or your family members for the purposes of blackmail or discreditation?

 

I, ____________________________________________________________, certify with my signature that I have become acquainted with the regulatory enactments regulating work with official secrets and I am informed that checking of the correctness of the information that I have provided may be carried out in accordance with the procedures specified by law. I have completed this document, being aware that any intentional (knowingly) incorrect statements or distortion of facts is a basis for denying my access to official secrets.

I undertake to provide to the State security institution on the basis of a request bank and other credit institution information regarding my monetary savings and financial transactions.

In respect of changes to the data provided in the questionnaire, I undertake within a period of one month to inform the State security structure, which has issued the access to official secrets.

I certify the correctness of the information provided with my signature:

________________________

______________ (date)

Annex to the questionnaire

(When making additional records, indicate the number of the question)

Minister for Defence Ģ.V. Kristovskis

 

Annex 3
Cabinet Regulation No. 21
6 January 2004

Non-disclosure Agreement

I, ,
 

(given name, surname)

 

undertake to:

1) not disclose information containing official secrets and which will be entrusted to me or of which I will become aware while performing official (service) duties;

2) without objections and accurately perform the requirements of directions (orders), regulations and instructions related to compliance with the secrecy regime with which I have been acquainted; and

3) report regarding attempts to obtain official secrets from me, as well as regarding violations of the secrecy regime known to me.

I have been warned that for the disclosure of official secrets, as well as the loss of official secrets objects and other violations of the secrecy regime I will be held criminally and disciplinary liable in accordance with law.

___ _____________ (date)  
 

(signature)

 

Non-disclosure Agreement was accepted by

(position, surname and signature of the responsible person)

Minister for Defence Ģ.V. Kristovskis

 

Annex 4
Cabinet Regulation No. 21
6 January 2004

Sample of the Formatting of the First Page of an Official Secrets Object (Document)

Security grading of the page
Letterhead requisites of the author of the document

Translation   Secrecy level of the document
 

(a note regarding the state or international organisation)

  Copy number _____________

Place of issue of the document

Code ___________________

Date ____________________Number ________________

In reply to Number Addressee
 

(date)

   
Summary of the contents

Text of the document

Title of the position Signature of the official Given name, surname
     
Indications regarding change of security grading or declassification

Classified by

(position, given name, surname, signature)

   
   
   
   
Classification substantiation
 
Time period of the secret status
Time for review of the secret status

A notation regarding receipt of the document:

  date, time
  registration No.
 

Page number and
Page secrecy level total number of pages

Minister for Defence Ģ.V. Kristovskis

 

Annex 5
Cabinet Regulation No. 21
6 January 2004

Designations of Classified Documents of Certain Foreign States or International Organisations

No.

State

Top secret

Secret

Confidential

Information for official use

           

1.

Great Britain TOP SECRET SECRET CONFIDENTIAL RESTRICTED

2.

Austria STRENG GEHEIM GEHEIM VERSCHLUSS  

3.

Belgium

3.1.

(French)

TRES SECRET

SECRET

CONFIDENTIEL

DIFFUSION RESTREINTE

3.2.

(Flemish) ZEER GEHEIM GEHEIM VERTROUWELIJK BEPERTKE VERSPREIDING

4.

Denmark YDERST HEMMELIGT HEMMELIGT FORTROLIGT TIL TJENESTEBRUG

5.

European Union

5.1.

(English) EU TOP SECRET EU SECRET EU CONFIDENTIAL EU RESTRICTED

5.2.

(French) TRES SECRET UE SECRET UE CONFIDENTIEL UE RESTREINTE UE

6.

France TRES SECRET SECRET DEFENSE CONFIDENTIEL
DEFENSE
DIFFUSION
RESTREINTE

7.

Greece AKP AПPPHTON AПPPHTON EMПITEYTIKON ПEPIPIMENH
XPHE

8.

The Netherlands ZEER GEHEIM GEHEIM CONFIDENTIEEL or
VERTROUWLIJK
DIENSTGEHEIM

9.

Italy SEGRETISSIMO SEGRETO RISERVATISSIMO RISERVATO

10.

Israel SODI BEYOTER SODI SHAMUR MUGBAL

11.

Ireland TOP SECRET

AN-SICREIDEACH

SECRET

SICREIDEACH

CONFIDENTIAL
RUNDA
RESTRICTED
SRIANTA

12.

Japan KIMITSU GOKUHI HI TORIATSUKAICHUI

13.

Canada TOP SECRET SECRET CONFIDENTIAL RESTRICTED
14. Russia СОВЕРШЕННО СЕКРЕТНО СЕКРЕТНО НЕ ПОДЛЕЖАЩИЙ ОГЛАШЕНИЮ ДЛЯ СЛУЖЕБНОГО ПОЛЬЗОВАНИЯ
15. NATO COSMIC TOP SECRET NATO SECRET NATO CONFIDENTIAL NATO RESTRICTED
16. Norway STRENGT HEMMELIGT HEMMELIGT KONFIDENSIELL BEGRENSET
17. Portugal MUITO SECRETO SECRETO CONFIDENCIAL RESERVADO
18. Finland ERITTAIN SALAINEN SALAINEN
19. Spain MAXIMO SECRETO SECRETO CONFIDENCIAL DIFFUSION LIMITADA
20. Hungary SZIGORUAN TITKOS TITKOS BIZALMAS
21. Germany STRENG GEHEIM GEHEIM VERTRAULICH

[8 February 2005]

Minister for Defence Ģ.V. Kristovskis

 

Annex 6
Cabinet Regulation No. 21
6 January 2004

Top secret registration and recording journal and/or information to be included in electronic information systems regarding received official secrets objects, regarding received NATO classified information and regarding received European Union classified information

1. Document receipt date.

2. Document receipt registration number.

3. National Security Authority or sender's granted document registration number and date.

4. Document sender.

5. Document addressee.

6. Document author and document name (brief content.

7. Copy number.

8. Number of pages in the document and the annex.

9. Information regarding the transfer of the document or acquaintance with its contents:

9.1. position, given name, surname of the recipient of the document, signature regarding receipt and date of receipt; and

9.2. given name, surname of the employee and signature regarding the return transfer of the document.

10. Information regarding sending of the document:

10.1. institution, position, given name and surname of the recipient;

10.2. time and date of the receipt of the document, signature of the recipient; and

10.3. notes regarding sending.

11. Information regarding copying of the document:

11.1. time and date of the copying of the document, number of the copy;

11.2. person to whom the copy was transferred or sent (position, given name and surname);

11.3. time of receipt of the document, given name, surname of the recipient;

11.4. justification for destruction of copy, person who destroyed the copy (position, given name, surname and signature); and

11.5. notes regarding destruction of the copy.

12. Information regarding destruction of the document:

12.1. justification for destruction of the document, time, person who destroyed the document (position, given name, surname and signature); and

12.2. number and date of the destruction statement.

13. General notes

Minister for Defence Ģ.V. Kristovskis

 

Annex 7
Cabinet Regulation No. 21
6 January 2004

Top secret registration and recording journal and/or information to be included in electronic information systems regarding sent official secrets objects, regarding sent NATO classified information and regarding sent European Union classified information

1. Document registration date.

2. Document registration number.

3. Document author and document name (brief content).

4. Structural unit which developed the document, given name and surname of responsible employee.

5. Number of pages in the document and the annex.

6. Addressee.

7. Copy number.

8. Information regarding sending or transfer of the document:

8.1. position, given name, surname of the recipient of the document and signature regarding receipt, time of receipt of the document; and

8.2. number of the document certifying receipt of the document and date.

9. Given name, surname of the employee and signature regarding the return transfer of the document, date and time of the return of the document.

10. Information regarding copying of the document:

10.1. time and date of the copying of the document, number of the copy;

10.2. person to whom the copy was transferred or sent (position, given name and surname);

10.3. time of receipt of the document, person who received the document (given name, surname and signature);

10.4. justification for destruction of copy, person who destroyed the copy, position, given name, surname and signature; and

10.5. notes regarding destruction of the copy.

11. Information regarding destruction of the document:

11.1. justification for destruction of the document, time of destruction, person who destroyed the document (position, given name, surname and signature); and

11.2. number and date of the destruction statement.

12. General notes

Minister for Defence Ģ.V. Kristovskis

Annex 8
Cabinet Regulation No. 21
6 January 2004

Sample of courier covering letter

Covering Letter No. ___________ for delivery of consignments by courier

______________________ (date)

Courier mail of the

State stock company

"Latvijas pasts"

Place for seal
of the courier mail

 

 

 
Type of consignment Issued to courier Issued to addressee Delivered back
Packets      
Parcels      

Consignments not issued

were delivered back __________________________

Received by ________________________________

Correctness of issue was examined by

 
 

(position, signature and full name)

______________________ (date)

No.

Registration No.

Number indicated by the sender

Place of dispatch

Addressee and address

Category

Received (signature, date of receipt and time)

Place for seal

1

2

3

4

5

6

7

8


Total in the covering letter packets; parcels
 

(number with words)

 

(number with words)

The covering letter was drawn up  
 

(date)

 

(position, signature and full name)

Examined  
 

(date)

 

(position, signature and full name)

consignments registered in the covering letter were

(number by words)

 

accepted for delivery by

courier on (date). at (time)
 

(signature and full name)

     

[8 February 2005]

Minister for Defence Ģ.V. Kristovskis

 


Translation © 2006 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 21Adoption: 06.01.2004.Entry into force: 04.02.2004.Publication: Latvijas Vēstnesis, 17, 03.02.2004.
Language:
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