AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE COUNCIL OF MINISTERS OF THE REPUBLIC OF ALBANIA ON THE MUTUAL PROTECTION OF CLASSIFIED INFORMATION

The Government of the Republic of Latvia and the Council of Ministers of the Republic of Albania (hereinafter referred to as the "Contracting Parties"),

Having agreed to hold talks on political and security-related issues and to broaden and tighten their mutual co-operation,

Being aware of the changes in the political situation in the world and recognizing the important role of their mutual co-operation for the stabilization of peace, international security and mutual confidence,

Realizing that good co-operation may require exchange of Classified Information between the Contracting Parties,

Intending to ensure mutual protection of all Classified Information, which has been classified by one Contracting Party and transferred to the other Contacting Party,

Desiring to establish the rules on mutual protection of Classified Information, which shall extend to all agreements on co-operation to be concluded between the Contacting Parties and the contracts to be awarded between the organizations of the Contracting Parties, which provide for the exchange of Classified Information,

Have agreed as follows:

Article 1
DEFINITIONS

For the purposes of this Agreement:

(1) "Classified Information" shall mean information, document and material of any kind, regardless of its form of appearance, mode and circumstances of generation that requires protection from unauthorised access for reasons of public interest, or national security and which has been classified by either Contracting Party in accordance with its national laws and regulations.

(2) "Receiving Contracting Party" shall mean the Party including any public or private institutions to which the Classified Information is transmitted.

(3) "Originating Contracting Party" shall mean the Party including any public or private institutions initiating the Classified Information.

(4) "Classified Contract" shall mean an agreement containing Classified Information between entities of the States of the Contracting Parties or Contractors of the Contracting Parties, creating and defining enforceable rights and obligations between them.

(5) "Competent Security Authorities" shall mean the institutions of the State of each Contracting Party authorised and responsible for ensuring the protection of Classified Information transferred, received or generated in the course of the joint activities realised within the framework of this Agreement in their own territory in accordance with their national laws and regulations and for the coordination of the implementation of this Agreement.

(6) "Contractor" shall mean an individual or a legal entity possessing the legal capability to conclude Classified Contracts.

(7) "Visitor" shall mean an official representative of one Contracting Party who needs to visit facilities of the other Contracting Party, engaged in activities involving Classified Information.

(8) "Personnel Security Clearance" shall mean a determination following an investigative procedure carried out in accordance with the national laws and regulations of the State of one of the Contracting Parties, on the basis of which an individual is authorised to have access to and to handle Classified Information up to the level defined in the Clearance.

(9) "Facility Security Clearance" shall mean a determination following an investigative procedure certifying that a Contractor that is not a natural person is capable of receiving, handling and processing Classified Information in accordance with the national laws and regulations of the State of one of the Contracting Parties up to the level defined in the Clearance.

(10) "Third Party" shall mean an international organisation, any state or legal entity that is not a party to this Agreement.

(11) "Need-to-know" principle" shall mean the necessity to have access to Classified Information in connection with official duties and/or for the performance of a specific task.

(12) "Breach of security" shall mean an act or an omission contrary to the national laws and regulations, which results or may result in unauthorized access to Classified Information.

Article 2
APPLICABILITY

This Agreement shall encompass all activities in the course of which Classified Information is exchanged between the Contracting Parties or an individual or a legal entity under the jurisdiction of their States in order to perform their public/official duties.

Article 3
SECURITY CLASSIFICATIONS

The following security classification markings of Classified Information under this Agreement are equivalent:

Republic of Latvia	Republic of Albania	English equivalent
SEVIŠĶI SLEPENI	TEPER SEKRET	TOP SECRET
SLEPENI	SEKRET	SECRET
KONFIDENCIĀLI	KONFIDENCIAL	CONFIDENTIAL
DIENESTA VAJADZĪBĀM	I KUFIZUAR	RESTRICTED

Article 4
COMPETENT SECURITY AUTHORITIES

(1) The Competent Security Authorities of the Contracting Parties are the following:

For the Republic of Latvia:

Constitution Protection Bureau

Miera street 85a

Riga, LV 1001

Latvia

For the Council of Ministers of Republic of Albania:

Classified Information Security Directorate (National Security Authority)

Keshilli i Ministrave

Bul. "Deshmoret e Kombit"

Tirane

Albania

(2) The Competent Security Authority shall provide information to the other Competent Security Authority on its security organisation and procedural rules in order to facilitate continuous comparison and to maintain comparable security standards.

(3) The Competent Security Authorities shall, upon request, facilitate joint inspections in order to ascertain that released Classified Information is sufficiently protected in the State of the Receiving Contracting Party.

(4) The Competent Security Authorities shall promptly inform each other in writing of any changes in the national laws and regulations of their States that affect the protection of Classified Information.

(5) Should the need arise, the Competent Security Authorities shall consult one another on the technical issues of the implementation of this Agreement and, by mutual arrangement, may draw up Supplementary Executive Protocols.

Article 5
SECURITY PRINCIPLES

(1) The Contracting Parties shall, in accordance with the national laws and regulations of their States and in compliance with this Agreement, take all necessary measures in order to protect all Classified Information transferred, received or generated in the course of joint activities carried out within the framework of this Agreement.

(2) In accordance with Article 3 of this Agreement, the Contracting Parties shall, grant to Classified Information defined in Paragraph (1) of this Article an equivalent level of protection as granted for their own Classified Information.

(3) Security classification of the received Classified Information may be altered with the prior written consent of the Originating Contracting Party.

(4) The Originating Contracting Party shall inform the Receiving Contracting Party of any changes in the security classification markings of the transferred Classified Information.

(5) Apart from the security classification marking, the validity period of the classification shall also be specified on the transferred Classified Information or when this is not possible owing to the nature of the Classified Information, in a separate document. Any further handling instructions of the Originating Contracting Party, which restrict the use of the released information, may also be specified. The aforementioned markings and instructions shall be indicated by the Receiving Contracting Party also in its official language.

(6) The Contracting Parties shall through their Competent Security Authorities inform each other of the further handling instructions referred to in Paragraph (5) of this Article, of any changes therein and shall adhere to them.

(7) Access to Classified Information marked KONFIDENCIĀLI/ KONFIDENCIAL/CONFIDENTIAL and above, and to locations and facilities where such Classified Information is generated, processed or stored, shall be limited to individuals who have been granted a valid and appropriate Personnel Security Clearance and in case of whom the Need to Know principle applies.

(8) Access to Classified Information marked DIENESTA VAJADZĪBĀM/ I KUFIZUAR/RESTRICTED shall be limited to individuals, in case of whom the Need to Know principle applies.

(9) Classified Information received under this Agreement may only be used for the purpose for which it has been released. Classified Information generated in the course of joint activities may only be used for the purpose specified in the agreement, which is the basis of that activity.

Article 6
SECURITY CLEARANCES

(1) The Contracting Parties shall mutually recognise their Personnel Security Clearances and Facility Security Clearances issued in accordance with the national laws and regulations of their States. The equivalence of the Security Clearances has to be determined according to Article 3 of this Agreement.

(2) The Competent Security Authorities shall, upon request and in accordance with the national laws and regulations of the States of the Contracting Parties, assist one another with the vetting procedures in order to issue Personnel Security Clearances and Facility Security Clearances.

(3) The Competent Security Authorities shall be entitled to process the personal data included in the Personnel Security Clearances to the extent needed for the implementation of this Agreement. Personal data received shall be protected in accordance with the national laws and regulations of the States of the Contracting Parties.

Article 7
DISCLOSURE OF CLASSIFIED INFORMATION TO A THIRD PARTY

(1) Classified Information received within the framework of this Agreement may be disclosed to a Third Party only with the written consent of the Originating Contracting Party. This permission shall be requested through the Competent Security Authorities.

(2) The provisions of Paragraph (1) of this Article shall also be applied to Classified Information generated in the course of joint activities under the condition that the prior written consent of the other Contracting Party is necessary for the disclosure.

Atticle 8
REPRODUCTION AND TRANSLATION

(1) Classified Information marked SEVIŠĶI SLEPENI/ TEPER SEKRET/TOP SECRET may only be reproduced or translated with the prior written consent of the Originating Contracting Party indicating the maximum number of copies.

(2) With the exception of Classified Information according to Paragraph (1) of this Article, the number of copies of information of other security classification markings shall be limited to that required for official purposes.

(3) Copies and translations of Classified Information of the Originating Contracting Party shall be marked with the same classification markings and shall be protected as originals.

(4) Translation of Classified Information shall only be made by persons holding a valid and appropriate level Personnel Security Clearance. The translated Classified Information shall bear an appropriate security classification marking and a note in the language of the translation from which it becomes evident that it contains Classified Information originating from the State of the other Contracting Party.

Article 9
DESTRUCTION

(1) Classified Information shall be destroyed so as to prevent its reconstruction in whole or in part.

(2) Classified Information marked SEVIŠĶI SLEPENI/ TEPER SEKRET/TOP SECRET shall not be destroyed. It shall be returned to the originating Competent Security Authority.

(3) Unless otherwise agreed by the Competent Security Authorities, the authorised entities of the Receiving Contracting Party may destroy Classified Information not specified in Paragraph (2) of this Article upon the expiry of its validity period specified by the Originating Contracting Party or when it is no longer needed. The originating Competent Security Authority shall be informed thereof in writing.

Article 10
TRANSFER OF CLASSIFIED INFORMATION

(1) Classified Information exchanged between the Contracting Parties within the framework of this Agreement shall be transferred through diplomatic channels. Classified Information can also be transmitted encrypted through wire- or wireless data transmission systems. The Receiving Contracting Party shall confirm the receipt of Classified Information in writing.

(2) Other means of Classified Information transfer may also be used, if agreed upon by the Competent Security Authorities.

Article 11
VISITS

(1) Visits to locations of one of the Contracting Parties where Classified Information is handled or classified programmes or contracts are performed shall be allowed to Visitors from the State of the other Contracting Party when a written permission from the Competent Security Authority of the State of the Contracting Party receiving the Visitors has been obtained. Such permission can only be issued to persons who comply with the criteria defined under Paragraphs (7) - (8) of Article 5.

(2) The procedures related to visits shall be defined and agreed upon between the Competent Security Authorities according to the national laws and regulations of the States of the Contracting Parties.

(3) The written visit request shall include the following information:

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

b) surname and name of the Visitor, his/her place and date of birth, nationality, number of passport or other identity document, name of the employer;

c) certification of the appropriate level Personnel Security Clearance of the Visitor issued by the Competent Security Authority.

(4) The Contracting Parties shall guarantee the protection of the personal data of the Visitors in compliance with the national laws and regulations of their States.

Article 12
CLASSIFIED CONTRACTS AND CONTRACTORS

(1) Should either of the Contracting Parties, state institutions or Contractors perform a Classified Contract in the territory of the State of the other Contracting Party, the Competent Security Authority of this other Contracting Party shall assume responsibility for the protection of Classified Information received under the Contract.

(2) Before either of the Contracting Parties releases the Classified Information received from the other Contracting Party to the Contractor, the Competent Security Authority of the State of the Receiving Contracting Party shall ascertain itself that:

a) the Contractors are holders of the appropriate Facility Security Clearances;

b) all persons whose duties require access to Classified Information received are holders of appropriate Personnel Security Clearances and have been appropriately trained on their responsibilities and duties related to the protection of Classified Information.

(3) All Classified Contracts shall contain a list of Classified Information with data suitable for the unique identification of the Classified Information transferred under the Contract.

(4) The Competent Security Authority of the Contracting Party where work on the Classified Contract is performed shall oversee the compliance of the implemented security measures with its national laws and regulations.

(5) The Contractor shall be entitled, with the prior approval of the Competent Security Authority of its State, to involve subcontractors in the Classified Contract. The prospective subcontractor shall meet the same security requirements as the Contractor.

(6) The Competent Security Authorities of the Contracting Parties shall inform one another of all Contractors and subcontractors involved in the Classified Contract.

(7) The Contracting Parties shall protect intellectual property rights related to Classified Information exchanged between them.

Article 13
BREACH OF SECURITY

(1) In the event of breach of security or compromise of Classified Information, the Competent Security Authority of the Receiving Contracting Party shall inform the Competent Security Authority of the Originating Contracting Party thereof without delay and shall ensure appropriate investigation. The Contracting Parties shall co-operate in the investigation.

(2) The Competent Security Authority of the State of the Originating Contracting Party shall be informed of the measures taken to limit the damage caused by the compromise of Classified Information, the completion and results of the investigation, the causes of the incident and the extent of damage inflicted.

Article 14
EXPENSES

Each Contracting Party shall cover its own expenses incurred in the course of implementing this Agreement.

Article 15
SETTLEMENT OF DISPUTES

Any disputes arising from the interpretation or application of this Agreement shall be settled by way of consultations between the Competent Security Authorities of the Contracting Parties; in case of failure to reach an agreement, via diplomatic channels.

Article 16
FINAL PROVISIONS

(1) This Agreement shall enter into force on the 30^th (thirtieth) day following the receipt of the latter of the diplomatic notes, in which the Contracting Parties notify one another of the fulfilment of their internal legal requirements necessary for its entry into force.

(2) This Agreement is concluded for an indefinite period of time.

(3) This Agreement may be amended with the mutual agreement of the Contracting Parties. Such amendments shall be proposed through diplomatic channels in writing and shall enter into force in accordance with Paragraph (1) of this Article.

(4) This Agreement may be terminated by either of the Contracting Parties by written notice to the other Contracting Party through diplomatic channels. In such a case this Agreement shall expire six months after the date of the receipt of the notice on termination.

(5) After the termination of this Agreement, all Classified Information released within the framework of this Agreement shall continue to be handled and protected according to this Agreement or shall be returned to the Originating Contracting Party.

(6) Upon termination of this Agreement, Classified Information, which the Competent Security Authorities received based on prior arrangements with the obligation of returning, shall be returned to the Originating Contracting Party.

Done in Tirana on 16 December, 2009, in two original copies, each in Latvian, Albanian and English languages, all texts being equally authentic. In case of differences in interpretation, the English text shall prevail.

On behalf of the Government of the Republic of Latvia [Astra Kurme]

On behalf of the Council of Ministers of the Republic of Albania [Shyqyri Dekavelli]