AGREEMENT BETWEEN THE REPUBLIC OF LATVIA AND THE KINGDOM OF THE NETHERLANDS CONCERNING THE EXCHANGE AND MUTUAL PROTECTION OF CLASSIFIED INFORMATION

THE REPUBLIC OF LATVIA AND THE KINGDOM OF THE NETHERLANDS

Hereinafter jointly referred to as "the Parties", and each individually as "Party".

Wishing to ensure the mutual protection of Classified Information have, in the interests of national security, agreed upon the following:

ARTICLE 1
PURPOSE

The purpose of this Agreement is to ensure the protection of Classified Information exchanged between the Parties or between legal entities or individuals under their jurisdiction. The Agreement sets out the security procedures and arrangements for such protection.

ARTICLE 2
DEFINITIONS

For the purpose of this Agreement:

a) "Classified Contract" means a contract, including any pre-contractual negotiations, to be entered into by one of the Parties or Contractor under its jurisdiction with a Contractor under jurisdiction of the other Party for the supply of goods, execution of works or provision of services, the performance of which requires or involves access or potential access to or the creation of Classified Information.

b) "Classified Information" means any information, material or object, regardless of its form or nature, or any parts thereof, marked with the security classification level by one of the Parties in accordance with national laws and regulations. The unauthorised disclosure, alteration, compromise or loss of such information could cause various degrees of damage or harm to the interests of one or both of the Parties.

c) "Competent Security Authority" means the government authority in a Party responsible for the implementation and supervision of this Agreement.

d) "Contractor" means any individual or legal entity under the jurisdiction of a Party with the capacity to enter into a Classified Contract.

e) "Facility Security Clearance" means the positive determination by the Competent Security Authority that a facility has in place appropriate security measures to access and handle Classified Information up to and including a specified security classification level, in accordance with national laws and regulations.

f) "Need to know" means the requirement for an individual or a legal entity for access to, knowledge of or possession of Classified Information to perform official tasks or services.

g) "Originating Party" means the government institution in a Party under whose authority Classified Information has been created.

h) "Personnel Security Clearance" means the positive determination by the Competent Security Authority that an individual has been security cleared to access and handle Classified Information up to and including a specified classification level, in accordance with its national laws and regulations.

i) "Providing Party" means the Party or Contractor under its jurisdiction, which provides Classified Information to the Receiving Party under this Agreement.

j) "Receiving Party" means the Party or Contractor under its jurisdiction, which receives Classified Information from the Providing Party under this Agreement.

k) "Security Classification Guide" means a document associated with a Classified Contract that identifies each part of that Classified Contract which contains Classified Information, specifying the applicable security classification levels.

l) "Security Incident" means an act or an omission, contrary to national laws and regulations, which results in the unauthorised access, disclosure, loss or compromise of Classified Information.

m) "Third Party" means any international organisation, government or state, including legal entities or individuals under its jurisdiction, which is not a Party to this Agreement.

ARTICLE 3
COMPETENT SECURITY AUTHORITIES

1. The Competent Security Authorities of the Parties are listed in Annex 1 of this Agreement.

2. The Competent Security Authority may delegate part of its responsibilities to a delegated Competent Security Authority.

3. The Competent Security Authorities shall provide each other with official contact details.

4. The Parties shall notify each other in writing of any changes in contact details of their respective Competent Security Authorities.

ARTICLE 4
SECURITY CLASSIFICATION LEVELS

1. The following security classification levels of the Parties are equivalent and correspond to the security classification levels specified in their national legislation. The English equivalent is an informal translation, not part of the national laws and regulations of the Parties and should not be used to mark Classified Information.

For the Republic of Latvia	For the Kingdom of the Netherlands	Equivalent in English
SEVIŠĶI SLEPENI	Stg. ZEER GEHEIM	TOP SECRET
SLEPENI	Stg. GEHEIM	SECRET
KONFIDENCIĀLI	Stg. CONFIDENTIEEL	CONFIDENTIAL
DIENESTA VAJADZĪBĀM	DEPARTEMENTAAL VERTROUWELIJK	RESTRICTED

2. In accordance with the provisions set in its national laws and regulations, Receiving Party shall mark all the Classified Information under this Agreement that it has received from the Providing Party with the security classification that corresponds to the security classification given by the Originating Party in accordance with the scheme contained in paragraph 1 of this article.

3. The Receiving Party may alter or revoke the security classification of received Classified Information under this Agreement only upon the written consent of the Originating Party.

ARTICLE 5
ACCESS TO CLASSIFIED INFORMATION

1. Access to Classified Information at the level KONFIDENCIĀLI / Stg. CONFIDENTIEEL or above, shall be granted only to those individuals who have a Need to know, hold a Personnel Security Clearance or a national equivalent at the corresponding level, are briefed on their responsibilities and have signed a statement of confidentiality in accordance with national laws and regulations.

2. Access at the level DIENESTA VAJADZĪBĀM / DEPARTEMENTAAL VERTROUWELIJK shall be granted only to those individuals who have a Need to know, are briefed on their responsibilities and have signed a statement of confidentiality in accordance with national laws and regulations.

ARTICLE 6
SECURITY MEASURES

1. The Parties shall take all appropriate measures applicable under their national laws and regulations to protect Classified Information generated or provided under this Agreement.

2. The Parties shall take all appropriate measures to ensure that the Providing Party:

a) marks Classified Information with the appropriate security classification level in accordance with its national laws and regulations;

b) informs the Receiving Party of any conditions of release or limitations on the use of the Classified Information provided;

c) informs the Receiving Party of any subsequent change in the security classification level of the Classified Information provided.

3. The Parties shall take all appropriate measures to ensure that the Receiving Party:

a) affords the same level of protection to Classified Information as afforded to its national Classified Information of an equivalent security classification level;

b) ensures that Classified Information is marked with its own corresponding security classification level, if such marking is in accordance with its national laws and regulations;

c) ensures that the security classification levels assigned to Classified Information are not altered or revoked without the prior written consent of the Originating Party;

d) ensures that Classified Information is not disclosed or released to a Third Party without the prior written consent of the Originating Party;

e) uses Classified Information solely for the purpose it has been released for and in accordance with handling requirements of the Originating Party.

ARTICLE 7
SECURITY CO-OPERATION

1. In order to maintain comparable standards of security, the Competent Security Authorities shall, on request, inform each other about their security regulations, policies and practices for protecting Classified Information.

2. On request of the Competent Security Authority of one Party, the Competent Security Authority of the other Party shall issue a written confirmation that a valid Personnel Security Clearance or Facility Security Clearance has been issued.

3. If a national of one Party requires a Personnel Security Clearance, the Competent Security Authority of the other Party may send a request to issue a Personnel Security Clearance, to the Competent Security Authority of the Party he or she is a national of, in accordance with national laws and regulations.

4. If a Contractor under the jurisdiction of one Party requires a Facility Security Clearance, the Competent Security Authority of the other Party may send a request to issue a Facility Security Clearance to the Competent Security Authority of the Contractor, in accordance with national laws and regulations.

5. The Competent Security Authorities shall carry out vetting procedures for their nationals and issue Personnel Security Clearances or provide information about vetting results and Facility Security Clearances for legal entities under their jurisdiction in accordance with national laws and regulations.

6. The Competent Security Authorities shall assist each other in carrying out Facility Security Clearance and Personnel Security Clearance vetting on request and in accordance with national laws and regulations.

7. The Competent Security Authorities shall promptly notify each other in writing about changes in recognised Personnel Security Clearances and Facility Security Clearances for which a confirmation has been provided.

8. The co-operation under this Agreement shall be effected in English.

ARTICLE 8
CLASSIFIED CONTRACTS

1. If a Party or a Contractor under its jurisdiction proposes to grant a Classified Contract at the level KONFIDENCIĀLI / Stg. CONFIDENTIEEL or above, with a Contractor under the jurisdiction of the other Party, it shall first obtain written confirmation from the other Party that the Contractor has been granted a Facility Security Clearance or Personnel Security Clearance(s) at the appropriate security classification level. For Classified Contracts at the security classification level DIENESTA VAJADZĪBĀM / DEPARTEMENTAAL VERTROUWELIJK as mentioned in article 4 of this Agreement, a Facility Security Clearance may be required, if mandated by national laws and regulations.

2. The Competent Security Authority shall ensure that the Contractor:

a) ensures that all individuals granted access to Classified Information are informed of their responsibilities to protect Classified Information in accordance with the conditions defined in this Agreement and with national laws and regulations;

b) monitors the security conduct within its facilities;

c) notifies promptly its Competent Security Authority of any Security Incident relating to the Classified Contract.

d) For Classified Contracts at the level KONFIDENCIĀLI / Stg. CONFIDENTIEEL or above, the Competent Security Authority shall ensure that the Contractor holds a Facility Security Clearance at the appropriate security classification level in order to protect the Classified Information and that the individuals requiring access to Classified Information hold a Personnel Security Clearance at the appropriate security classification level.

3. Every Classified Contract concluded in accordance with this Agreement shall include a security requirements chapter which identifies at least the following aspects:

a) a reference to this Agreement, the definition of the term "Classified Information" in accordance with Article 2 of this Agreement, and the table of the equivalent security classification levels of the Parties in accordance with the provisions of article 4 of this Agreement;

b) a statement that Classified Information generated or provided in the framework of the Classified Contract shall be protected in accordance with the applicable national laws and regulations;

c) a statement that the Contractor shall disclose the Classified Information only to individuals who have a Need to know, and, in case of Classified Information at the level KONFIDENCIĀLI / Stg. CONFIDENTIEEL or above, hold a Personnel Security Clearance at the appropriate Classification Level in accordance with the provisions specified in article 5 of this Agreement, and have been assigned to perform official tasks or services in relation to the Classified Contract;

d) a statement that the Contractor shall not disclose, or permit the disclosure of Classified Information to a Third Party or any other party that is not part of the Classified Contract without the prior written consent of the Originating Party;

e) a statement that Classified Information provided under the Classified Contract is to be used solely for the purpose for which it has been provided, or as further expressly authorised by the Originating Party in writing;

f) a Security Classification Guide;

g) a procedure for communication of changes in the security classification level, taking into account paragraph 3 of article 4, of this Agreement;

h) the channels and procedures to be used for the transport, transmittal or transmission of Classified Information;

i) a statement that Classified Information shall be stored and handled in premises and classified information systems that are accredited for storage and handling of Classified Information at the Classification Level foreseen in the particular Classified Contract. This statement is independent from the procedure for obtaining a confirmation regarding the granting of a Facility Security Clearance as foreseen in paragraph 1 of this article;

j) contact details of the Competent Security Authorities responsible for overseeing the protection of Classified Information related to the Classified Contract;

k) obligation to notify any Security Incidents.

4. The Competent Security Authority of the Party authorising the award of the Classified Contract shall forward a copy of the security requirements chapter, to the Competent Security Authority of the Receiving Party, to facilitate the security oversight of the contract.

5. The procedures for the approval of visits associated with Classified Contract activities by personnel of one Party to the other Party, shall be in accordance with article 11 of this Agreement.

6. If a Contractor sub-contracts parts of a Classified Contract, the Contractor and the sub-contractor shall ensure the observance of all their obligations arising from this Agreement.

ARTICLE 9
TRANSMISSION OF CLASSIFIED INFORMATION

1. Classified Information shall be transmitted in accordance with national laws and regulations of the Providing Party or as otherwise agreed between the Competent Security Authorities.

2. Classified Information at the level KONFIDENCIĀLI / Stg. CONFIDENTIEEL shall be transmitted by a courier or diplomatic pouch. Classified Information at the level SLEPENI / Stg. GEHEIM shall be transmitted by a diplomatic courier. The Competent Security Authorities may agree on alternative channels of transmission in accordance with national laws and regulations.

3. The person performing transmission of Classified Information must be authorized to have access to Classified Information of the corresponding security classification level.

4. Classified Information must be packed in accordance with the national laws and regulations of the Providing Party.

5. Large volumes of Classified Information at the level KONFIDENCIĀLI / Stg. CONFIDENTIEEL or above shall be transmitted in accordance with a transportation plan confirmed by the Competent Security Authorities of both Parties. Where applicable, the transportation plan shall contain at least the following information:

a) description of the Classified Contract;

b) description of consignment (including security classification level);

c) identification of participating Parties' representatives (including facility security officers);

d) delivery points, transfer points, or processing points;

e) identification of commercial entities to be involved in each movement;

f) transportation route.

6. Classified Information at the level DIENESTA VAJADZĪBĀM / DEPARTEMENTAAL VERTROUWELIJK may only be transmitted by registered mail or other delivery services in accordance with national laws and regulations.

7. The Parties may only electronically transmit Classified Information protected by cryptographic means in accordance with procedures to be approved by the Competent Security Authorities.

ARTICLE 10
REPRODUCTION, TRANSLATION AND DESTRUCTION OF CLASSIFIED INFORMATION

1. Reproductions and translations of Classified Information shall bear original classification markings and placed under the same protection as the original Classified Information.

2. Translations or reproductions shall be limited to the minimum required for use under this Agreement and shall be made only by individuals who are authorized in accordance with national laws and regulations to access Classified Information at the security classification level of the Classified Information being translated or reproduced.

3. Translations shall contain a suitable annotation in the language in which they have been translated, indicating that they contain Classified Information of the Providing Party.

4. Classified Information at the level SEVIŠĶI SLEPENI / Stg. ZEER GEHEIM shall not be translated or reproduced without the prior written consent of the Originating Party.

5. Classified Information marked at the security classification level SEVIŠĶI SLEPENI / Stg. ZEER GEHEIM shall not be destroyed without the prior written consent of the Originating Party. The Originating Party shall decide whether the information shall be returned to the Originating Party or destroyed after it is no longer considered necessary by the Providing and Receiving Parties.

6. Classified Information up to and including SLEPENI / Stg. GEHEIM shall be destroyed after it is no longer considered necessary by the Receiving Party, in accordance with its national laws and regulations. In the case of destruction of Classified Information at the level of SLEPENI / Stg. GEHEIM the Receiving Party shall inform the Originating Party.

7. If a crisis situation makes it impossible to protect Classified Information provided under this Agreement, the Classified Information shall be destroyed immediately. The Receiving Party shall notify as soon as possible in writing the Competent Security Authority of the Originating Party about the destruction of this Classified Information.

ARTICLE 11
VISITS

1. Visits requiring access to Classified Information at the level KONFIDENCIĀLI / Stg. CONFIDENTIEEL or above are subject to the prior written consent of the respective Competent Security Authority, unless otherwise agreed between the Competent Security Authorities. If mandated by national laws and regulations of the host Party, DIENESTA VAJADZĪBĀM / DEPARTEMENTAAL VERTROUWELIJK level visits may be subject to a prior written consent of the Competent Security Authority of the host Party.

2. The visitor shall submit the request for visit at least ten calendar days in advance of the proposed date of the visit to his Competent Security Authority, which shall forward it to the Competent Security Authority of the other Party. In urgent cases, the request for visit may be submitted at a shorter notice, subject to prior coordination between the Competent Security Authorities.

3. Request for visit shall include:

a) full name of the visitor, date and place of birth, nationality and passport/ID card number;

b) official title of the visitor and name of the organization the visitor represents;

c) confirmation of the visitor's Personnel Security Clearance and its validity if required;

d) date and duration of the visit. In the case of recurring visits the total period covered by the visits shall be stated;

e) purpose of the visit and the anticipated security classification level of Classified Information to be discussed or accessed;

f) name, address, phone number, e-mail address and point of contact of the facility to be visited;

g) dated and stamped signature of a representative of the visitor's Competent Security Authority.

4. The Competent Security Authorities may agree on a list of visitors entitled to recurring visits. The Competent Security Authorities shall agree on the further details of the recurring visits.

5. Classified Information provided to or acquired by a visitor shall be treated in accordance with the provisions of this Agreement.

ARTICLE 12
SECURITY INCIDENT

1. The Competent Security Authorities shall immediately inform each other in writing of any actual or potential Security Incident involving Classified Information of the other Party.

2. The Receiving Party shall investigate immediately any actual or potential Security Incident. The Competent Security Authority of the Originating Party shall, if required, cooperate in the investigation.

3. The Competent Security Authority shall take appropriate measures in accordance with its national laws and regulations to limit the consequences of the incident and to prevent a recurrence. The Competent Security Authority of the Originating Party shall be informed of the outcome of the investigation and of measures, if any, taken.

ARTICLE 13
COSTS

Each Party shall bear its own costs incurred in the course of implementing and executing its obligations under this Agreement.

ARTICLE 14
DISPUTE RESOLUTION

Any dispute on the interpretation or application of this Agreement shall be settled through consultations or negotiations between the Parties and shall not be referred to any national or international tribunal or Third Party for resolution.

ARTICLE 15
IMPLEMENTING ARRANGEMENTS

The Competent Security Authorities may conclude implementing arrangements pursuant to this Agreement.

ARTICLE 16
FINAL PROVISIONS

1. This Agreement is concluded for an indefinite period of time. Each Party shall notify the other Party through diplomatic channels once the national procedures 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 latter notification.

2. With regard to the Kingdom of the Netherlands, this Agreement shall apply to the European part of the Netherlands and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba).

3. This Agreement may only be amended with the mutual consent of the Parties. Either Party may propose amendments to this Agreement at any time through diplomatic channels. Such amendments shall enter into force under the conditions laid down in paragraph 1 of this article.

4. Notwithstanding the provisions of paragraph 3 of this article, any amendment to the Annex 1 of this Agreement shall be agreed upon by the Competent Security Authorities of the Parties, shall be confirmed in writing through an exchange of diplomatic notes and shall enter into force on a date to be determined in the diplomatic notes.

5. A Party may terminate this Agreement in writing at any time through diplomatic channels. In this case, the Agreement shall expire six months after receipt of such notification.

6. Regardless of the termination of this Agreement, all Classified Information exchanged, released or generated under this Agreement shall be protected in accordance with the terms of this Agreement before it was terminated, for as long as the Classified Information remains classified.

IN WITNESS whereof the representatives of the Parties, duly authorised thereto, have signed this Agreement.

DONE in The Hague on 15 January 2025 in two original copies in the Latvian, Dutch and English languages, all texts being equally authentic. In case of divergence of interpretation of this Agreement, the English text shall prevail.

For the Kingdom of the Netherlands Caspar Veldkamp Minister of Foreign Affairs

For the Republic of Latvia Baiba Braže Minister of Foreign Affairs

 

ANNEX I

The Competent Security Authority for the Republic of Latvia is:

National Security Authority

Constitution Protection Bureau

The Competent Security Authority for the Kingdom of the Netherlands is:

General Intelligence and Security Service

Ministry of the Interior and Kingdom Relations

The delegated Competent Security Authority for the Kingdom of the Netherlands in the military domain is:

Defence Security Authority

Directorate - General of Policy

Ministry of Defence