BILATERAL SECURITY AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE GOVERNMENT OF THE KINGDOM OF NORWAY

TABLE OF CONTENTS

1. Applicability

2. Definitions

3. Mutual security protection

4. Disclosure of information

5. Security classifications

6. Competent security authorities

7. Visits

8. Contracts

9. Communications and transmissions

10. Breach of security

11. Expenses

12. Dispute settlement

13. Final provisions

Annex a to the security Agreement

Annex b to the security Agreement

The Government of the Republic of Latvia and The Government of the Kingdom of Norway, hereafter called the Parties, have - in order to safeguard the classified information exchanged directly or through other administrative entities or private legal entities that deal with classified information under jurisdiction of either Party-agreed upon the following:

1. APPLICABILITY

This Agreement shall form an integral part of any contract or agreement involving exchange of classified information, that will be made or signed in the future between the Parties concerning the following subjects:

a. Co-operation between governmental entities of the two Parties.

b. Co-operation, exchange of information, joint ventures, contracts or any other relations between governmental entities and/or private legal entities of the Parties.

c. Sale of equipment and know-how by one Party to the other.

This Agreement may not be invoked by either Party to obtain classified information that the other Party has received from a third party.

The Annexes A and B to this Agreement are integral parts of the Agreement.

2. DEFINITIONS

The key terms used in this Agreement are defined in Annex A.

3. MUTUAL SECURITY PROTECTION

In accordance with their national laws, regulations and practice, both Parties shall take appropriate measures to protect classified information, which is transmitted, received, produced or developed as a result of any agreement or relation between the Parties. The Parties will afford to all of the transmitted, received, produced or developed classified information the same degree of security protection as is provided to their own classified information of equivalent level of classification, as defined in Article 5 and Annex A to this Agreement.

Access to classified information and to locations and facilities where classified activities are performed or where classified information is stored, will be limited to those who have been granted a security clearance, as defined in Annex A, and who, due to their functions or employment, have a "need to know", as defined in Annex A.

Each Party shall supervise the observance of security laws, regulations and practice at the agencies, offices and facilities within their jurisdiction that posses, develop, produce and/or use classified information of the other Party, by means of, inter alias, review visits.

4. DISCLOSURE OF INFORMATION

The Parties shall not disclose classified information under this Agreement to third parties or nationals of other countries without prior written consent of the originating Party. Received classified information from one Party to the other Party shall be used for the specified purpose only.

In the event that either Party and/or its agencies or entities concerned with the subjects set out in Article 1, award a contract for performance within the territory of the other Party, and such contract involves classified information possessed by the contractor of the Party performing the work, then the Party of the country in which the performance under the Agreement is taking place, will assume responsibility for administering such classified information in accordance with its own standards and requirements.

Prior to release to either Party's contractors or prospective contractors of any classified information received from the other Party, the receiving Party shall:

a. Ensure that such contractors or prospective contractors and their facilities have the capability to protect the classified information adequately.

b. Grant an appropriate facility security clearance to the relevant contractors.

c. Grant an appropriate personnel security clearance for all personnel whose duties require access to the classified information.

d. Ensure that all persons having access to classified information are informed of their responsibilities to protect the classified information in accordance with applicable laws.

e. Carry out periodic security inspections of relevant cleared facilities.

5. SECURITY CLASSIFICATIONS

Classified information shall be marked in one of the following security classification levels:

LATVIA	Equivalent	NORWAY
SEVIŠĶI SLEPENI	TOP SECRET	STRENGT HEMMELIG
SLEPENI	SECRET	HEMMELIG
KONFIDENCIĀLI	CONFIDENTIAL	KONFIDENSIELT
DIENESTA VAJADZĪBĀM	RESTRICTED	BEGRENSET

The receiving Party and/or its entities shall neither use a lower security classification level for received classified information, nor declassify that information without the prior written consent of the originating Party. The originating Party shall inform the receiving Party of any changes in security classification of the exchanged information.

The receiving Party shall additionally mark the received classified information with its own equivalent security classification level. Translations and reproductions shall be marked with the same security classification level as the original, in both languages.

6. COMPETENT SECURITY AUTHORITIES

The receiving Party shall appoint and make known to the other Party a duly authorized security authority, hereafter called the Competent Security Authority, which shall supervise the implementation of any agreement, as defined in Article 1 of this Agreement, concerning all aspects of security.

The Competent Security Authorities responsible for the implementation and supervision of all aspects of this Agreement are:

In Latvia:

Constitution Protection Bureau

Miera 85a, Riga, LV-1013,

LATVIA

In Norway:

Norwegian National Security Authority

Postboks 14

1306 Bærum postterminal

NORWAY

Each Party undertakes to ensure that its respective Competent Security Authority will duly observe the provisions of this Agreement.

Both Competent Security Authorities, each within the jurisdiction of its own state, shall prepare, distribute and supervise security instructions and procedures for the protection of the classified information exchanged as a result of any other agreement between the Parties.

Each Competent Security Authority shall, upon request, furnish the other Competent Security Authority information concerning its security organization and procedures to make it possible to compare and maintain the same security standards and facilitate joint visits in both countries by certified officials. Both Parties must agree upon such visits.

7. VISITS

Visits aimed at exchanging classified information to premises where classified information is developed, handled or stored, or where classified projects are carried out, will only be granted by one Party to visitors from the country of the other Party if a prior written permission from the Competent Security Authority of the receiving Party has been obtained. Such permission will only be granted to persons who have been security cleared and have a "need to know".

The Competent Security Authority of the sending Party shall notify the Competent Security Authority of the receiving Party of expected visitors at least three -3- weeks prior to the planned visit, in accordance with the procedures defined in Annex B to this Agreement.

Each Party shall guarantee the protection of personal data of the visitors according to the respective national legislation.

8. CONTRACTS

The Competent Security Authority of one Party, wishing to place a classified contract with a contractor in the country of the other Party, or wishing to authorize one of its own contractors to place a classified contract in the country of the other Party within a classified project, shall obtain a prior written assurance from the Competent Security Authority of the other Party that the proposed contractor holds a security clearance of appropriate level and has the facilities to handle and store classified information of the same level. For RESTRICTED level a security assurance, as defined in Annex A, will be provided.

Every classified contract between entities of the Parties and/or private organizations (such as industries, research centres, assistance and/or service facilities etc.) shall contain an appropriate security section and a security classification list, based on the terms of this Agreement.

The Competent Security Authority, in whose country the work is to be performed, shall assume responsibility for prescribing and administering security measures for the contract under the same standards and requirements that govern the protection of its own classified contracts.

Sub-contractors interested in classified subcontracts, shall be submitted in advance by the contractor to the Competent Security Authority for approval. If approved, the sub-contractor must full fill the same security obligations as have been set for the contractor.

Notification of any classified project, agreement, contract or sub-contract shall be forwarded in advance to the Competent Security Authority of the country where the project is to be performed.

Two -2- copies of the security section of any classified contract shall be forwarded to the Competent Security Authority in whose country the work is to be performed.

9. COMMUNICATIONS AND TRANSMISSIONS

Classified information shall normally be physically transmitted between the Parties through their respective diplomatic channels.

Exchange of classified information can also take place through representatives officially appointed by the authorities in both countries. Such authorization may, when required, be given to representatives of industrial undertakings engaged in specific projects.

Delivery of large items or quantities of classified information shall be arranged on a case-by-case basis.

Other approved means of transmission or exchange may be used if agreed upon by each Competent Security Authority.

10. BREACH OF SECURITY

In case of a breach of security, as defined in Annex A, concerning classified information originated or received from the other Party, or if common interests are involved, the Competent Security Authority in whose country the compromise occurs shall inform the Competent Security Authority of the other country as soon as possible and carry out the appropriate investigation. The other Party shall, if required, co-operate in the investigation. In any case, the other Party is to be informed of the results of the investigation and shall receive a final statement as to the reasons and extent of the security violation.

11. EXPENSES

Expenses incurred by either Party with respect to this Agreement, in particular concerning the implementation of security measures, shall not be subject to reimbursement between the Parties.

12. DISPUTE SETTLEMENT

Any dispute regarding the interpretation or application of this Agreement shall be resolved by consultation between the Parties and will not be referred to any national or international tribunal or third party for settlement.

13. FINAL PROVISIONS

This Agreement shall be effective from the date of signing and remain in force for unlimited time. It may be terminated at any time by either Party in the way of a written notification. In such a case the Agreement expires six -6- months from the date the notification of termination has been received by the other Party.

The review, changes and amendments of the present Agreement may be done at any time with consent of both Parties in written form.

In the event of termination, classified items and/or information transmitted under the terms of this Agreement shall be returned to the other Party as soon as possible. Classified information and/or items that are not returned shall be protected in accordance with the provisions laid down in this Agreement.

Done in Kongsvinger, Norway on 26 August 2005 in two authentic copies in the Latvian,Norwegian and English languages, all texts being equally authentic. In case of difference of interpretation of the provisions of this Agreement, the English text shall prevail.

On behalf of The Government of the Republic of Latvia Mr. Einars Repše Minister of Defence

On behalf of The Government of the Kingdom of Norway Mrs. Kristin Krohn Devold Minister of Defence

Annex A to the Security Agreement

Definitions

For the purpose of this Agreement:

• Classified information means

a.Any classified item, be it an oral communication of classified contents or the electrical or electronic transmission of a classified message, or a "material" as defined in (b) below,

b.The term "material" includes "document" as defined in (c) below, and any item of machinery, equipment, weapon or weapon-systems either manufactured or in the process of manufacture,

c.The term "document" means any form of recorded information regardless of type of recording media.

• Contract means

An agreement between two or more parties creating and defining enforceable rights and obligations between the parties.

• Classified contract means

A contract, which contains or involves classified information.

• Contractor means

An individual or legal entity possessing the legal capability to undertake contracts.

• Breach of security means

An act or an omission contrary to national security regulations, the result of which may endanger or compromise classified information.

• Security compromise means

That classified information is compromised because knowledge of it has, in whole or part, passed to persons or entities or countries without appropriate security clearance or authority to have such access, or when it has been subject to a risk of such passing.

• Security clearance means

A positive determination following an investigative procedure to ascertain the capability of a person or entity to have access to and to handle classified information on a certain level in accordance with the respective national security regulations.

• Security assurance means

A statement issued by the Competent Security Authority declaring that classified information at restricted level will be protected in accordance with its national regulations.

• "Need to know" means

That access to classified information may only be granted if the person requiring it has a verified need to know in connection with his/her official duties, within the framework of which the information was released to the receiving Party.

Security classifications and use:

To be applied to information of which unauthorized disclosure would have the following consequences for the interest of the State:

LATVIA	NORWAY
SEVIŠĶI SLEPENI	STRENGT HEMMELIG	exceptionally grave
SLEPENI	HEMMELIG	serious damage
KONFIDENCIĀLI	KONFIDENSIELT	prejudicial
DIENESTA VAJADZĪBĀM	BEGRENSET	undesirable

Annex B to the Security Agreement

Visits by personnel of one Party to the establishments, facilities, etc. of the other Party

Access to classified information and to establishments and facilities etc. where classified activities are performed or where classified information is stored or handled, shall be allowed by one Party to visitors of the other Party only if they have been:

a. Checked by the Competent Security Authority or other competent government authority of the sending country and are authorized to receive classified information in accordance with the national regulations of the host country, and/or

b. Authorized by the Competent Security Authority or other competent government authority of the respective country to perform the required visit or visits.

The Competent Security Authority of the requesting Party shall notify the Competent Security Authority of the country to be visited of the planned visit in accordance with the provisions laid down in this annex, and shall make sure that the latter receives the visit request three - 3 - weeks before the visit or visits will take place.

The visit request shall include:

a. A visitor's surname, name, place and date of birth, nationality and employer, passport or other identity documents of the visitor.

b. Certification of the visitor's security clearance in accordance with the purpose of the visit.

c. Object and purpose of the visit or visits. (The indications must be accurate and sufficiently detailed. General indications and abbreviations are to be avoided.)

d. Expected date and duration of the requested visit or visits.

e. Point of contact at the establishment/facility to be visited, previous contacts and any other information useful to determine the justification of the visit or visits

The request will be submitted:

a. Through the Norwegian Embassy in Riga for visit requests of Norwegian citizens to Latvia.

b. Through the Latvian Embassy in Oslo for visit requests of Latvian citizens to Norway.

c. Other procedures may be used if agreed upon by the two Competent Security Authorities.

The validity of visit authorizations shall not exceed twelve - 12 - months.

The classified information exchanged during a visit shall have the same degree of protection and classification level as that of the originating Party.