AGREEMENT
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF LATVIA
AND
THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND
CONCERNING THE PROTECTION OF CLASSIFIED INFORMATION
The Republic of Latvia and the
United Kingdom of Great Britain and Northern Ireland
("United Kingdom") (hereinafter jointly referred to as
"the Parties" or individually as a "Party"),
wishing to ensure the protection of Classified Information
generated by and/or exchanged between the two Parties, or
Contractors under their jurisdiction in either the Latvia or
United Kingdom, have, in the interests of the national security
of each Party, established the following arrangements which are
set out in this Agreement.
ARTICLE 1
Purpose
1. The purpose of this Agreement
is to ensure the protection of Latvian, United Kingdom, or
jointly generated Classified Information, which has been provided
by one Party to the other, exchanged between a Party and a
Contractor under the jurisdiction of the other Party, or between
Contractors under the respective Parties' different jurisdictions
in accordance with national laws and regulations. This Agreement
sets out the security procedures and arrangements for such
protection.
2. Nothing in this Agreement shall
be interpreted as binding a Party in respect of Classified
Information that is exclusively its own.
ARTICLE 2
Definitions
For the purposes of this
Agreement:
a) "Classified
Contract" means a contract (including a sub-contract),
or pre-contractual negotiations, which contains Classified
Information or which involves access to, or the generation, use
or transmission of Classified Information.
b) "Classified
Information" means any information or material of
whatever form, nature or method of transmission determined by a
Party, or both Parties for jointly generated information or
material, to require protection against unauthorised access,
disclosure, misappropriation, loss or compromise.
c) "Competent Security
Authority" (CSA) means a Government authority in a Party
which is responsible for implementing the provisions set out in
this Agreement. A CSA may also undertake some of the
responsibilities of a NSA.
d) "Contractor"
means any individual or legal person with the capability to enter
into contracts, other than a Party to this Agreement.
e) "Facility"
means an installation, plant, factory, laboratory, office,
university or other educational institution or commercial
undertaking (including any associated warehouses, storage areas,
utilities and components which, when related by function and
location, form an operating entity), and any government
department, agency or establishment.
f) "Facility Security
Clearance" (FSC) means a determination by a NSA or CSA
of a Party that a Contractor under its jurisdiction fulfils the
conditions to access and handle Classified Information in
accordance with national laws and regulations.
g) "National Security
Authority" (NSA) means the Government authority of a
Party with ultimate responsibility for the security of Classified
Information in accordance with this Agreement and the national
laws and regulations that apply to that authority. A NSA may also
undertake some of the responsibilities of a CSA.
h) "Need to Know"
means the necessity for an individual to have access to
Classified Information in connection with official duties and/or
for the performance of a specific task.
i) "Originating
Party" means the Party that provides Classified
Information to the Receiving Party under this Agreement.
j) "Personnel Security
Clearance" (PSC) means a determination by a NSA or CSA
of a Party that an individual has been security cleared to access
and handle Classified Information in accordance with its national
laws and regulations.
k) "Receiving
Party" means the Party that receives Classified
Information from the Originating Party under this Agreement.
l) "Security Aspects
Letter" (SAL) means a document associated with a
Classified Contract that identifies each part of that Classified
Contract which contains Classified Information.
m) "Security
Classification Level" means a category assigned to
Classified Information which indicates its sensitivity, the
degree of damage that might arise in the event of unauthorised
access or disclosure, misappropriation, loss or compromise, and
the level of protection to be applied to it by the Parties.
n) "Security
Incident" means an act or omission contrary to national
laws and regulations, which results in the unauthorised access
to, or disclosure, misappropriation, loss or compromise of
Classified Information protected under this Agreement.
o) "Third Party"
means any natural or legal person who is neither bound to act in
accordance with this Agreement nor is subject to a Classified
Contract.
ARTICLE 3
Security Authorities
1. The NSAs designated by the
Parties are:
For the
Republic of Latvia
|
For the
United Kingdom
|
Constitution Protection
Bureau of the Republic of Latvia
|
UK National Security
Authority
Cabinet Office
|
2. Each NSA shall notify the other
NSA in writing of the relevant CSAs in their country before this
Agreement enters into force.
3. Each NSA shall notify the other
NSA in writing of any significant changes to their respective NSA
or CSAs.
ARTICLE 4
Security Classification Levels
1. Any Classified Information
provided, or jointly generated, in written form under this
Agreement shall be marked with the appropriate Security
Classification Level according to the national laws and
regulations of the Originating Party.
2. The Parties agree that their
Security Classification Levels shall correspond to one another as
follows:
For the
Republic of Latvia
|
For the
United Kingdom
|
SEVIŠĶI SLEPENI
|
UK TOP SECRET
|
SLEPENI
|
UK SECRET
|
KONFIDENCIĀLI
|
No equivalent (see paragraph
3 of this Article)
|
DIENESTA VAJADZĪBĀM (see
paragraph 4 of this Article)
|
UK OFFICIAL-SENSITIVE
|
3. The United Kingdom shall afford
Classified Information at the level of KONFIDENCIĀLI the same
degree of protection as it would Classified Information at the
level of UK SECRET.
4. DIENESTA VAJADZĪBĀM is a
protective marking according to Latvian national laws and
regulations, but for the purposes of this Agreement is considered
and defined as Classified Information. The United Kingdom shall
afford such information the same degree of protection as it would
for Classified Information at the level of UK OFFICIAL-SENSITIVE.
Latvia shall afford UK OFFICIAL-SENSITIVE Classified Information
the same degree of protection as it would for DIENESTA VAJADZĪBĀM
information.
ARTICLE 5
Security Measures
1. The Parties shall take all
appropriate measures applicable under their national laws and
regulations to protect Classified Information.
2. The Originating Party shall
ensure that the Receiving Party, or the Contractor to which the
Originating Party provides the Classified Information, including
where this is provided orally, is informed of:
a) the Security Classification
Level of the Classified Information provided, including any
conditions of release or limitations on its use; and
b) any subsequent change in the
Security Classification Level of the Classified Information
provided.
3. When the Originating Party
provides Classified Information to the Receiving Party, the
Receiving Party shall:
a) afford such Classified
Information the same degree of protection as it affords its own
Classified Information at the corresponding Security
Classification Level (as set out in Article 4 of this
Agreement);
b) ensure that the Security
Classification Levels assigned to Classified Information are not
altered or revoked, except with the prior written approval of the
Originating Party;
c) ensure that such information is
used solely for the purpose for which it has been provided
(unless the Originating Party expressly consents in writing to a
further or different use); and
d) subject to Article 7 of this
Agreement and applicable national laws and regulations, not
disclose Classified Information to a Third Party or make such
Classified Information available to the public without the prior
written approval of the Originating Party.
4. In order to achieve and
maintain comparable standards of security, each NSA shall, on
request, provide the other with appropriate information about its
national security policies, standards, procedures and practices
for safeguarding Classified Information, and may for this purpose
facilitate visits by representatives of the other Party as
appropriate.
5. Each NSA shall notify the other
about any significant change to their national laws and
regulations which substantially affects the protection of
Classified Information exchanged under this Agreement.
ARTICLE 6
Access to
Classified Information
1. Access to Classified
Information shall be limited to individuals who have a Need to
Know and who have been appropriately briefed on their
responsibilities and obligations to protect Classified
Information.
2. Access to Classified
Information at the SEVIŠĶI SLEPENI, UK TOP SECRET, SLEPENI, UK
SECRET or KONFIDENCIĀLI levels shall be limited to individuals
who have been granted an appropriate PSC. As an exception,
certain individuals may be allowed access to Classified
Information by virtue of their function if permitted under their
respective national laws and regulations.
3. For Latvian and British
nationals requiring access to Classified Information generated
and/or exchanged under this Agreement the PSC process shall be
undertaken by their respective NSA or CSA in accordance with
national laws and regulations. If applicable the NSA or CSA of
the other Party shall provide assistance in carrying out security
investigations in accordance with its national laws and
regulations.
4. Access to Classified
Information at the SEVIŠĶI SLEPENI or UK TOP SECRET level by an
individual who has been authorised to access Classified
Information to that level, in accordance with paragraph 2 of this
Article, and holding single British or Latvian nationality, or
holding dual British and Latvian nationality, may be granted
without the prior written approval of the Originating Party.
Access by individuals not holding one of the nationalities as set
out in this paragraph shall require the prior written approval of
the Originating Party.
5. Access to Classified
Information at the UK SECRET, SLEPENI or KONFIDENCIĀLI levels by
an individual who has been authorised to access Classified
Information to at least that level, in accordance with paragraph
2 of this Article, and holding either single British or Latvian
nationality, or holding dual nationality where at least one part
is British or Latvian, may be granted without the prior written
approval of the Originating Party. Access by individuals not
holding the nationalities as set out in this paragraph shall
require the prior written approval of the Originating Party.
6. A PSC is not required for
access to Classified Information at the DIENESTA VAJADZĪBĀM or UK
OFFICIAL-SENSITIVE level.
ARTICLE 7
Disclosure of Classified Information
1. Within the scope of national
laws and regulations the Receiving Party shall take all
reasonable steps available to prevent Classified Information
being made available to the public or being disclosed to a Third
Party.
2. If there is any request or
requirement to make any Classified Information available to the
public or for disclosure to a Third Party the NSA of the
Receiving Party shall immediately notify the NSA of the
Originating Party in writing, and both Parties shall consult each
other in writing before a disclosure decision is taken by the
Receiving Party.
ARTICLE 8
Transmission of Classified information
1. If a Party wishes to transmit
Classified Information at the SEVIŠĶI SLEPENI or UK TOP SECRET
level in physical form it shall make arrangements for the
Classified Information to be transmitted to the territory of the
Receiving Party (or to the territory of the recipient Contractor)
through diplomatic channels.
2. If a Party wishes to transmit
Classified Information at the SLEPENI, UK SECRET or KONFIDENCIĀLI
levels in physical form it shall make arrangements for the
Classified Information to be transmitted to the territory of the
Receiving Party (or to the territory of the recipient Contractor)
through diplomatic channels or through other means agreed upon by
the NSAs or relevant CSAs.
3. Where required by the
Originating Party the Receiving Party (or recipient Contractor)
shall confirm in writing the receipt of SEVIŠĶI SLEPENI, UK TOP
SECRET, SLEPENI, UK SECRET or KONFIDENCIĀLI Classified
Information. To facilitate this, the Originating Party shall
include with the Classified Information a receipt to be signed by
the Receiving Party (or recipient Contractor) to be returned to
the Originating Party by a specific date.
4. If a Party wishes to transmit
Classified Information at the DIENESTA VAJADZĪBĀM or UK
OFFICIAL-SENSITIVE level in physical form it may be transmitted
to the territory of the Receiving Party (or to the territory of
the recipient Contractor) by postal services, by commercial
courier companies, by authorised personal hand carriage, through
diplomatic channels, or through other means agreed upon by the
NSAs or relevant CSAs.
5. If a Party wishes to transport
a large volume of Classified Information in physical form as
freight it shall first ensure that the means of transport, the
route and any escort requirements have been mutually agreed in
advance by the NSAs or relevant CSAs of the Parties and that
these are set out in a transport plan. This paragraph does not
apply to transports at the DIENESTA VAJADZĪBĀM or UK
OFFICIAL-SENSITIVE level.
6. If a Party wishes to physically
transmit Classified Information to a final destination outside
the territory of either Party (other than to a Party's diplomatic
mission) such transmissions shall be subject to the prior written
approval of the Originating Party.
7. If a Party wishes to transmit
Classified Information electronically to the other Party it shall
provide it in encrypted form using cryptographic methods and
means mutually accepted by the Parties.
8. If the United Kingdom wishes to
transmit Classified Information electronically at the UK
OFFICIAL-SENSITIVE level to Latvia it may exceptionally do so in
clear text provided suitable cryptographic methods and means are
not available and if permitted by the relevant CSA of the United
Kingdom. Any Classified Information marked UK OFFICIAL-SENSITIVE
that is transmitted by the United Kingdom to Latvia in clear text
shall fall under the Latvian Freedom of Information Law and,
notwithstanding paragraph 3(a) of Article 5 of this Agreement,
shall be considered to be equivalent to Latvian information
marked IEROBEŽOTA PIEEJAMĪBA and protected accordingly.
9. The NSAs of the Parties may
authorise CSAs of the respective Parties to mutually agree
alternative transmission methods to exchange Classified
Information to those required by this Article.
ARTICLE 9
Translation, Reproduction and Destruction of Classified
Information
1. Translations and reproductions
of Classified Information shall retain the security
classification marking that was applied to the original and be
protected accordingly. Such translations and reproductions shall
be limited to the minimum required for an official purpose and
shall be made only by individuals who have access to Classified
Information in accordance with Article 6 of this Agreement.
2. Translations shall contain a
suitable annotation, in the language into which they have been
translated, indicating that they contain Classified Information
of the other Party.
3. Classified Information at the
SEVIŠĶI SLEPENI or UK TOP SECRET level shall not be translated or
reproduced by the Receiving Party without the prior written
approval of the Originating Party.
4. When no longer required, and if
not otherwise prescribed, Classified Information shall be
destroyed in accordance with the standards and methods the
Receiving Party would apply to its Classified Information at the
corresponding Security Classification Level. The Originating
Party shall be informed about the destruction of Classified
Information at the SEVIŠĶI SLEPENI or UK TOP SECRET level.
5. If a crisis situation makes it
impossible to protect Classified Information then it shall be
destroyed using any appropriate means as soon as is practicable
in order to avoid a Security Incident. The NSA or CSA of the
Receiving Party shall notify the NSA or relevant CSA of the
Originating Party in writing as soon as possible if Classified
Information has been destroyed in a crisis situation.
6. The Originating Party may
prohibit the translation, reproduction or destruction of
Classified Information by giving it an appropriate marking,
attaching a written notice or providing handling instructions to
the Receiving Party.
ARTICLE 10
Security Co-operation
1. The NSA and CSAs of a Party
shall, where necessary and in accordance with their national laws
and regulations, provide assistance and cooperation to the NSA or
CSAs of the other Party in the process of issuing FSCs and
PSCs.
2. When a Party, whether on behalf
of itself or a Contractor, requests the issue of a FSC or
requires confirmation of an existing FSC related to a Contractor
under the jurisdiction of the other Party, its NSA or CSA shall
submit a formal written request to the NSA or relevant CSA of
that Party, providing at least the following information:
a) Name of the Contractor;
b) Address of the Contractor;
c) Identifying details of the
relevant Contractor Facility;
d) Reason for the request and the
FSC level required; and
e) Contact details of the
requesting NSA or CSA (including a named individual and their
position).
3. When a Party, whether on behalf
of itself or a Contractor, requests the issue of a PSC or
requires confirmation of an existing PSC, the NSA or CSA of the
Party requesting the issue or requiring confirmation shall submit
a formal written request to the NSA or relevant CSA of the other
Party, providing at least the following information:
a) Full name of the
individual;
b) Date and place of birth of the
individual;
c) Nationality or nationalities of
the individual;
d) Name of the organisation or
Contractor which employs the individual;
e) Reason for the request and the
minimum PSC level required; and
f) Contact details of the
requesting NSA or CSA (including a named individual and their
position).
4. On receipt of a request
submitted in accordance with paragraphs 2 or 3 of this Article,
the NSA or CSA receiving the request shall provide the requesting
NSA or CSA with details of the relevant FSC or PSC, the date of
expiry of the FSC or PSC, and the Security Classification Level
to which the respective clearance permits access.
5. A NSA or CSA of a Party may, on
providing a valid reason, request the NSA or a CSA of the other
Party to undertake a review of any FSC or PSC it has issued. On
completion of such a review, the NSA or CSA which undertook the
review shall notify the requesting NSA or CSA of the results.
6. If, in accordance with its
national laws and regulations, a NSA or CSA withdraws or
downgrades a FSC or PSC previously issued to a Contractor or
individual for which or for whom a confirmation has been
provided, they shall notify the NSA or CSA of the other Party in
writing as soon as is practicable.
ARTICLE 11
Classified Contracts
1. If a Party proposes to place a
Classified Contract involving Classified Information at the
SEVIŠĶI SLEPENI, UK TOP SECRET, SLEPENI, UK SECRET or
KONFIDENCIĀLI levels with a Contractor under the jurisdiction of
the other Party, the NSA or CSA of the Party proposing the
contract shall first obtain written confirmation from the NSA or
CSA of the other Party, in accordance with Article 10 of this
Agreement, that the Contractor and its relevant personnel have
been granted a FSC or PSC to at least the appropriate Security
Classification Level.
2. The NSA or CSA which has
granted a FSC or PSC shall be responsible, in accordance with its
national laws and regulations, for monitoring the security
conduct of the Contractor to which, or individual to whom it
applies.
3. Unless mutually agreed by the
Parties and subject to paragraph 4 of this Article, a Party
entering or proposing to enter into a Classified Contract
involving Classified Information of the other Party at the
SEVIŠĶI SLEPENI, UK TOP SECRET, SLEPENI, UK SECRET or
KONFIDENCIĀLI levels shall ensure that the Contractor is legally
obliged to afford the other Party's Classified Information
received the same degree of protection as the Receiving Party is
required to afford it under this Agreement.
4. A Party shall ensure that a
Classified Contract involving Classified Information at the
SEVIŠĶI SLEPENI, UK TOP SECRET, SLEPENI, UK SECRET or
KONFIDENCIĀLI levels includes the following provisions:
a) a reference to this Agreement,
the definition of the term "Classified Information" as
set out in Article 2 of this Agreement, and the table of the
equivalent Security Classification Levels of the Parties as set
out in Article 4 of this Agreement;
b) that Classified Information
generated and/or provided as a consequence of the Classified
Contract shall be protected in accordance with the applicable
laws and regulations;
c) that the Contractor shall
handle the Classified Information of the other Party (including
where this is generated by the Contractor) in the same way as a
Receiving Party as set out in paragraph 3 of Article 5 of this
Agreement;
d) that, in accordance with
Article 6 of this Agreement, the Contractor shall disclose the
Classified Information only to individuals who have a Need to
Know, have been granted access to Classified Information in
accordance with its national laws and regulations, have been
briefed on their responsibilities, and have been charged with the
performance of any tasks or duties in relation to the Classified
Contract;
e) that, unless required by
applicable national laws and regulations, the Contractor shall
not disclose, or permit the disclosure of, Classified Information
relating to the Classified Contract to a Third Party or make it
available to the public;
f) that, if the Contractor
receives any request to disclose to a Third Party any Classified
Information protected as a result of the Classified Contract, or
a request to make such information available to the public, the
Contractor shall notify their NSA or CSA responsible for
overseeing the Classified Contract in writing, if possible prior
to disclosing such information; in such case the NSA or CSA
responsible for overseeing the Classified Contract shall notify
the NSA or CSA of the Originating Party;
g) that Classified Information
relating to the Classified Contract is to be used solely for the
purpose for which it has been provided, or as further expressly
approved by the Originating Party in writing;
h) the channels to be used for the
transmission of the Classified Information, which shall be in
accordance with Article 8 of this Agreement;
i) the procedures for the
translation, reproduction and destruction of the Classified
Information, which shall be in accordance with Article 9 of this
Agreement;
j) that in accordance the
applicable national laws and regulations, the Facility of the
Contractor which will hold Classified Information has been
granted an appropriate FSC;
k) that the Contractor shall
provide the NSA or CSA responsible for overseeing the Classified
Contract with information about its security policies, standards,
procedures and practices for protecting Classified Information
and shall for this purpose facilitate visits to its Facility by
the representatives of the NSA or CSA responsible for overseeing
the Classified Contract;
l) details of the procedures for
the approval of visits. Where the visit concerns access to
Classified Information at the SEVIŠĶI SLEPENI, UK TOP SECRET,
SLEPENI, UK SECRET or KONFIDENCIĀLI levels the Contractor shall
be required to submit a request to the NSA or CSA with
responsibility for overseeing the Classified Contract in order to
enable that NSA or CSA to submit a request for visit in
accordance with Article 12 of this Agreement;
m) details of the procedures and
mechanisms for communicating changes that may arise in respect of
Classified Information (including changes in its Security
Classification Level) or where protection is no longer
necessary;
n) the requirement that the
Contractor shall immediately notify its NSA or CSA with
responsibility for overseeing the safeguarding of the Classified
Information related to the Classified Contract of any actual or
suspected Security Incident related to the Classified Contract
and take all reasonable steps to assist in mitigating the effects
of such a Security Incident; and
o) that should a Contractor
sub-contract all or part of the Classified Contract, that
Contractor shall include substantially the same provisions as set
out in this Article (including this paragraph) in any
sub-contract that involves access to Classified Information.
5. Classified Contracts involving
Classified Information marked SEVIŠĶI SLEPENI, UK TOP SECRET,
SLEPENI, UK SECRET or KONFIDENCIĀLI shall be supported by a
Security Aspects Letter (SAL) which identifies the security
requirements and/or classified aspects of the contract.
6. The Party awarding or
authorising the award of a Classified Contract involving
Classified Information at the SEVIŠĶI SLEPENI, UK TOP SECRET,
SLEPENI, UK SECRET or KONFIDENCIĀLI levels shall pass a copy of
the SAL to the relevant NSA or CSA of the Party responsible for
facilitating the security monitoring of the contract.
7. Where changes are proposed to
the security requirements of the Classified Contract, the
relevant NSA or CSA of the Contractor shall be notified in
writing.
8. Paragraphs 1 to 6 of this
Article do not apply to Classified Contracts that are limited to
Classified Information at the DIENESTA VAJADZĪBĀM or UK
OFFICIAL-SENSITIVE level. Classified Contracts that are limited
to Classified Information at this Security Classification Level
shall contain an appropriate clause identifying the minimum
measures to be applied for the protection of such Classified
Information. A FSC is not required for Classified Contracts that
are limited to Classified Information at the DIENESTA VAJADZĪBĀM
or UK OFFICIAL-SENSITIVE level.
ARTICLE 12
Visits
1. If a Government official of a
Party is required to visit a Government Facility which is under
the jurisdiction of the other Party, and this visit will or may
involve access to Classified Information at the SEVIŠĶI SLEPENI,
UK TOP SECRET, SLEPENI, UK SECRET or KONFIDENCIĀLI levels, the
NSA or CSA of the proposed visitor shall ensure that details of
the visitor's authorisation to access Classified Information are
submitted to the NSA or relevant CSA of the host Facility prior
to the visit. The NSA or relevant CSA of the host Facility shall
then confirm the visitor's authorisation to the Facility prior to
the visit.
2. If a Government official of a
Party is required to visit a Facility of a Contractor which has
been issued a FSC by the other Party, and this visit will or may
involve the access to Classified Information at the SEVIŠĶI
SLEPENI, UK TOP SECRET, SLEPENI, UK SECRET or KONFIDENCIĀLI
levels, the procedure set out in paragraphs 3, 4 and 5 of this
Article shall be followed.
3. For visits described in
Paragraph 2 of this Article, a request for visit shall be
submitted by the NSA or CSA of the proposed visitor to the NSA or
relevant CSA of the host Facility at least 20 working days in
advance of the proposed visit (or as otherwise agreed between the
NSAs or relevant CSAs). The request for visit shall include at
least the following information:
a) Visitor's full name, place
and date of birth, nationality, passport (or other relevant
identity document) number;
b) Official job title of the
visitor, the name of the organisation they represent, and, if
applicable, a description of the Classified Contract/programme in
which they are participating and which is the subject of the
visit;
c) Date and duration of the
requested visit or visits. In the case of recurring visits the
total period covered by the visits shall be stated;
d) Purpose of visit(s) and
subject(s) to be discussed;
e) Name, address, telephone
number, and e-mail address of the point of contact of the
Facility to be visited;
f) The anticipated Security
Classification Level of the Classified Information to be
discussed or accessed;
g) Confirmation of the level and
date of expiry of the visitor's PSC or a statement confirming
their authorisation to access Classified Information in
accordance with the exception in paragraph 2 of Article 6 of this
Agreement; and
h) A dated signature of a
representative of the visitor's NSA or CSA. The representative
shall not be the same person as the visitor.
4. Visits shall only take place
when the request for visit (as described in paragraph 3 of this
Article) has been authorised by the NSA or relevant CSA of the
host Facility.
5. For specific Classified
Contracts or programmes it may be possible, subject to the prior
approval of the NSAs or relevant CSAs of both Parties, to
establish a recurring visitor list. Such a list allows
individuals to visit a specified Facility more than once without
further written authorisation. Such a list shall be valid for a
period not exceeding 12 months (from the date of authorisation)
and may be extended for further periods of time subject to the
prior approval of the NSAs or relevant CSAs. Recurring visitor
lists shall be submitted and authorised in accordance with
paragraphs 3 and 4 of this Article. Once such a list has been
authorised, visit arrangements may be determined directly between
the visitor and host Facility without the further involvement of
the NSAs or CSAs.
6. The NSAs or CSAs of both
Parties may mutually determine and agree that alternative visit
procedures to those described in paragraphs 3 to 5 of this
Article may be adopted for specific Classified Contracts or
programmes. Any alternative visit procedures shall be agreed and
documented by the NSAs or relevant CSAs in writing.
7. Visits relating solely to
accessing Classified Information at the DIENESTA VAJADZĪBĀM or UK
OFFICIAL-SENSITIVE level shall be arranged directly between the
visitor and the host Facility to be visited without the
involvement of the NSAs or CSAs.
8. Whilst the United Kingdom shall
afford Classified Information at the level of KONFIDENCIĀLI the
same level of protection as it would Classified Information at
the level of UK SECRET, as provided for in paragraph 3 of Article
4, should a visitor with a KONFIDENCIĀLI level PSC issued by
Latvia require access to KONFIDENCIĀLI Classified Information at
a United Kingdom Facility the United Kingdom shall permit access
to this information provided the visitor also has a Need to
Know.
ARTICLE 13
Security Incidents
1. Subject to paragraph 2 of this
Article, any actual or suspected Security Incident occurring in
the territory of a Party, or at a Facility for which a Party is
responsible (including that Party's diplomatic mission), shall be
investigated immediately by that Party.
2. If a Security Incident is
confirmed by the investigating Party, that Party shall take
appropriate measures according to its applicable national laws
and regulations to limit the consequences of the incident and
prevent a recurrence.
3. If a Security Incident has
resulted in the compromise of Classified Information the NSA or
relevant CSA of the Party in whose territory the incident
occurred, or the NSA or relevant CSA of the Facility for which a
Party is responsible, shall inform the other NSA or CSA of the
outcome of the investigation in writing as soon as is
practicable.
ARTICLE 14
Costs
Each Party shall bear its own
costs incurred in the course of implementing its obligations
under this Agreement.
ARTICLE 15
Resolution of Disputes
Any dispute or disagreement
between the Parties on the interpretation or application of this
Agreement, or any other dispute or disagreement arising out of
this Agreement, shall be resolved exclusively by means of
consultation between the Parties without recourse to any outside
jurisdiction.
ARTICLE 16
Protection of UK CONFIDENTIAL and UK RESTRICTED Classified
Information
1. Unless the United Kingdom has
notified Latvia in writing that it has downgraded or declassified
the information, Latvia shall afford any UK CONFIDENTIAL
Classified Information it holds the same degree of protection as
Classified Information at the KONFIDENCIĀLI level.
2. Unless the United Kingdom has
notified Latvia in writing that it has declassified the
information Latvia shall afford any UK RESTRICTED Classified
Information it holds same degree of protection as Classified
Information at the DIENESTA VAJADZĪBĀM level.
ARTICLE 17
Final Provisions
1. Each Party shall notify the
other Party through diplomatic channels once the national
measures necessary for entry into force of this Agreement have
been completed. This Agreement shall enter into force on the
first day of the second month following the receipt of the later
notification.
2. This Agreement may be amended
with the mutual, written consent of the Parties at any time.
Agreed amendments shall enter into force in accordance with the
procedure set out in paragraph 1 of this Article.
3. The NSAs and CSAs of the
Parties may conclude implementing arrangements pursuant to this
Agreement.
4. This Agreement shall remain in
force until further notice. A Party may terminate this Agreement
by written notification delivered to the other Party through
diplomatic channels, the termination taking effect six months
after such notification is received. In the event of termination
of this Agreement, any Classified Information already generated,
transmitted and/or provided under this Agreement shall continue
to be treated in accordance with the provisions of this
Agreement.
5. After the entry into force of
this Agreement, the Party in whose territory the Agreement is
concluded shall take measures to have the Agreement registered by
the Secretariat of the United Nations in accordance with Article
102 of the UN Charter. That Party shall notify the other Party of
the registration and of the registration number in the UN Treaty
Series as soon as the UN Secretariat has issued it.
In witness whereof the duly
authorised representatives of the Parties have signed this
Agreement,
In Riga on the 16 day of December
2020 in two original copies, in the English and Latvian
languages, each text being equally authentic.
For the Republic of Latvia: |
For the United Kingdom: |
Jānis Bordāns
Minister of Justice |
Keith Shannon
Ambassador Extraordinary and Plenipotentiary of the United
Kingdom of Great Britain and Northern Ireland to the Republic
of Latvia |