AGREEMENT ON THE EXCHANGE AND THE MUTUAL PROTECTION OF CLASSIFIED INFORMATION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE GOVERNMENT OF THE GRAND-DUCHY OF LUXEMBOURG

The Government of the Republic of Latvia and the Government of the Grand-Duchy of Luxembourg, hereinafter referred to as "the Parties",

in order to guarantee the protection of the classified information exchanged between the Parties or transferred through public or private companies or organisations that deal with classified information of the Parties,

have agreed as follows:

Article 1
DEFINITIONS

For the purposes of the present Agreement:

1) 'Classified information' means any information, regardless of its form, nature and means of transfer, determined to require protection against unauthorised disclosure, which has been so designated by security classification, in accordance with the national laws and regulations in force of the originating Party;

2) 'Competent Security Authority' means the institution of each 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 the present Agreement in their own territory in accordance with its national laws and regulations and for the coordination of the implementation of the present Agreement;

3) 'Originating Party' means the Party initiating the classified information as represented by the Competent Security Authority;

4) 'Receiving Party' means the Party to which the classified information is transferred as represented by the Competent Security Authority;

5) 'Third party' means any state, organisation or legal entity which is not a Party to the present Agreement;

6) 'Personnel security clearance' means a determination by the Competent Security Authority or other relevant state authority that an individual is eligible to have access to and to handle classified information up to the level defined in the clearance;

7) 'Facility security clearance' means a determination by the Competent Security Authority or other relevant state authority that, from a security point of view, a facility has the physical and organisational capability to receive, handle and process classified information in accordance with its national laws and regulations;

8) 'Need-to-know' means that access to classified information may only be granted to an individual or legal entity which has a verified requirement for knowledge of or possession of such information in order to perform official and professional duties;

9) 'Contractor' means an individual or a legal entity possessing the legal capability to undertake classified contracts;

10) 'Classified contract' means an agreement between two or more contractors creating and defining enforceable rights and obligations between them, which contains or involves classified information;

11) 'Project security instructions' means a compilation of security requirements, which are applied to a classified contract in order to standardize security procedures;

12) 'Project security classification guide' means the part of the project security instructions which identifies the elements of the contract that are classified and specifies their security classification levels.

Article 2
SCOPE OF APPLICATION

In accordance with their national laws and regulations, both Parties shall take all appropriate measures to ensure the protection of the classified information, which is transferred, received, produced or developed within the framework of the present Agreement.

Article 3
SECURITY CLASSIFICATIONS

The Parties agree that the following security classification levels are equivalent and correspond to the security classification levels specified in the respective national laws and regulations:

Republic of Latvia	Grand-Duchy of Luxembourg	Equivalence in English
SEVIŠĶI SLEPENI	TRES SECRET LUX	TOP SECRET
SLEPENI	SECRET LUX	SECRET
KONFIDENCIĀLI	CONFIDENTIEL LUX	CONFIDENTIAL
DIENESTA VAJADZĪBĀM	RESTREINT LUX	RESTRICTED

 

Article 4
COMPETENT SECURITY AUTHORITIES

1. The Competent Security Authorities of the States of the Parties are as follows:

For the Republic of Latvia:

Constitution Protection Bureau

Miera iela 85a

Riga, LV-1001

Latvia

For the Grand Duchy of Luxembourg:

Service de Renseignement

Autorité Nationale de Sécurité

Boîte Postale 2379

L- 1023 Luxembourg

2. The Competent Security Authorities shall inform each other of the national laws and regulations in force on their respective territories regulating the protection of classified information.

3. In order to ensure close cooperation in the implementation of the present Agreement, the Competent Security Authorities shall, on request, provide each other with information about the security standards, procedures and practices employed by the respective Party for the protection of classified information.

Article 5
SECURITY PRINCIPLES

The protection and handling of classified information exchanged between the Parties is ruled by the following principles:

1) The receiving Party shall afford to all of the transferred, received, produced or developed classified information the same degree of security protection and marking as is provided for its classified information of the equivalent level of classification as defined in Article 3 of the present Agreement. The originating Party shall inform the receiving Party about all subsequent security classification modifications of the classified information transferred;

2) Access to classified information and to locations and facilities where classified activities are performed or where classified information is stored shall be limited only to those individuals who have been security cleared and authorised by their national Competent Security Authorities in accordance with their national laws and regulations and who have a need to know;

3) The receiving Party shall not release or disclose received classified information to a third party without the prior written permission of the Competent Security Authority of the originating Party;

4) The receiving Party shall use classified information that is received from the originating Party for the purpose only that is specified by the originating Party;

5) The receiving Party shall neither downgrade nor declassify the received classified information without the prior written permission of the Competent Security Authority of the originating Party.

6) The Parties shall through their Competent Security Authorities inform each other of the further handling instructions of the transferred classified information.

Article 6
SECURITY CLEARANCES

1. The Parties shall ensure that their nationals who, in the conduct of their official duties require access, or whose duties or functions may afford access to information classified KONFIDENCIĀLI/CONFIDENTIEL LUX/ CONFIDENTIAL or above, provided or exchanged under the present Agreement, are appropriately security cleared in accordance with the national laws and regulations before they are granted access to such information.

2. On request, the Competent Security Authority of each Party, according to its national laws and regulations, shall assist each other during the vetting procedures of their nationals living or facilities located in the territory of the other Party, preceding the issue of the personnel security clearance and the facility security clearance.

3. The Parties shall recognise the personnel security clearances and facility security clearances issued in accordance with the national laws and regulations of the other Party.

4. The Competent Security Authorities shall inform each other about any modifications regarding the personnel security clearances and facility security clearances.

Article 7
INDUSTRIAL SECURITY

1. Should either of the Parties, state institutions or contractors perform a classified contract in the territory of the state of the other Party, the Competent Security Authority of this other Party shall assume responsibility for the protection of classified information received under the contract.

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

a) ensure that such contractor or prospective contractor and its facilities have the capability to protect the classified information adequately;

b) grant to the facility an appropriate security clearance;

c) grant an appropriate level of security clearance to individuals who perform functions which require access to the classified information;

d) ensure that all individuals having access to the classified information are informed of their responsibilities to protect the information in accordance with the national laws and regulations of the receiving Party.

3. Every classified contract concluded between contractors of the Parties, under the provisions of the present Agreement, shall include appropriate project security instructions, including a project security classification guide.

4. Copy of the project security instructions of any classified contract shall be forwarded to the Competent Security Authority of the Party where the classified contract is to be performed to allow adequate security supervision and control.

5. The contractor shall be entitled, with the prior permission 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 shall inform one another of all contractors and subcontractors involved in the classified contract.

Article 8
VISITS

1. Visits duly authorised by a Party to a location where classified information is stored under the jurisdiction of the other Party shall only be granted after prior written permission of the Competent Security Authority of the host Party has been obtained.

2. Visits shall be notified at least three weeks prior to the date of the visit. In case of special circumstances, authorisation for the visit will be granted as soon as possible, subject to prior co-ordination.

3. Requests for visit are established in accordance with the procedures of the host Party and shall contain the following information:

a) visitor's first name and surname, date and place of birth, nationality and passport or identity card number;

b) position and function of the visitor as well as the name of the facility where he/she is employed;

c) visitor's level of personnel security clearance, confirmed by a security certificate issued by the requiring Party;

d) date and duration of the visit;

e) purpose of the visit;

f) names of facilities requested to be visited;

g) first names and surnames of the persons who shall receive the visitors, if possible;

h) date, signature and the official seal of the Competent Security Authority.

4. Visits entailing access to classified information marked as DIENESTA VAJADZĪBĀM/RESTREINT LUX/RESTRICTED may be arranged directly between the security officer for the visitor and the security officer for the facility to be visited.

5. Each Party shall guarantee the protection of personal data of the visitors according to its respective national laws and regulations.

Article 9
TRANSFER OF CLASSIFIED INFORMATION

1. Classified information shall normally be transferred between Parties through diplomatic channels.

2. Other means of transfer or exchange of classified information, including electromagnetic transmission, may be used if agreed upon by the Competent Security Authorities of both Parties.

3. Delivery of large items or quantities of classified information shall be arranged on a case-by-case basis by the Competent Security Authorities.

4. The receiving Party shall confirm in writing the receipt of the classified information and shall disseminate it to the users.

Article 10
TRANSLATION, REPRODUCTION AND DESTRUCTION

1. Classified information marked as SEVIŠĶI SLEPENI/TRES SECRET LUX/TOP SECRET shall be translated or reproduced only upon the written permission of the Competent Security Authority of the originating Party.

2. Translations and reproductions of classified information marked up to SLEPENI/SECRET LUX/SECRET shall be made according to the following procedures:

a) The individuals shall hold the appropriate personnel security clearances;

b) Translations and reproductions shall be marked and placed under the same protection as the original classified information;

c) Translations and the number of reproductions shall be limited to that required for official purposes;

d) Translations shall bear an appropriate note in the language into which it is translated indicating that it contains classified information received from the originating Party.

3. Classified information shall be destroyed so as to prevent its reconstruction in whole or in part.

4. Classified information marked as SEVIŠĶI SLEPENI/TRES SECRET LUX/TOP SECRET shall not be destroyed and it shall be returned to the Competent Security Authority of the originating Party.

Article 11
SECURITY ASSESSMENT

1. Each Party shall visit its own facilities and organisations holding classified information, in accordance with its national laws and regulations, in order to assess that the security measures are correctly applied.

2. Each Party at the request of the other Party shall authorise visits of security personnel of the other Party to participate with the appropriate authorities of the host Party in the assessment of the protection of the classified information transferred.

Article 12
BREACH OF SECURITY

1. In case of breach of security related to classified information originated by or received from the other Party, the Competent Security Authority of the Party where the breach of security occurs shall inform the Competent Security Authority of the other Party, as soon as possible, and ensure the appropriate investigation. The other Party shall, if required, co-operate in the investigation.

2. If a breach of security occurs in a third Party, the Competent Security Authority of the despatching Party shall take the actions prescribed in paragraph 1 of the present Article.

3. The other Party shall be informed of the results of the investigation, in writing, including the reasons for the breach of security, the extent of the damage and the conclusions of the investigation.

Article 13
EXPENSES AND COSTS

Each Party shall bear its own expenses incurred in connection with the application and supervision of all aspects of the present Agreement.

Article 14
SETTLEMENT OF DISPUTES

1. Disputes relating to the interpretation or the application of the present Agreement shall be settled exclusively by consultation between the Parties.

2. During the period of consultations, both Parties shall continue to comply with all the other obligations resulting from the present Agreement.

Article 15
AMENDMENTS

The present Agreement may be modified on the basis of mutual written consent. The amendments shall enter into force in accordance with the terms specified in paragraph 1 of Article 16 of the present Agreement.

Article 16
FINAL PROVISIONS

1. The present Agreement shall enter into force on the thirtieth day following the receipt of the last written notification through diplomatic channels by which the Parties inform each other that the internal legal requirements necessary for its entry into force have been fulfilled.

2. The present Agreement is concluded for an indefinite period of time.

3. Each Party may, at any time, terminate the present Agreement in writing through diplomatic channels, with at least six months prior notice.

4. Notwithstanding the termination, all Classified Information transferred pursuant to the present Agreement shall continue to be protected according to the provisions set forth herein, until the Originating Party dispenses the Receiving Party from this obligation.

In witness whereof, the undersigned, duly authorized, have signed the present Agreement.

Done at Luxembourg, on 13.09 of 2007, in two original copies each in the Latvian, French and English languages, all texts being equally authentic.

In case of any divergence of interpretation of the provisions of the present Agreement, the English text shall prevail.

 

FOR THE GOVERNMENT OF THE REPUBLIC OF LATVIA

FOR THE GOVERNMENT OF THE GRAND-DUCHY OF LUXEMBOURG