Agreement between the Government of the Republic of Latvia and the Government of the Republic of Estonia on the Mutal Protection of Classsified Information

The Government of the Republic of Latvia and the Government of the Republic of Estonia (hereinafter referred to as the "Parties"),

having agreed to hold talks on political and security related issues and to broaden and tighten political, military and economic co-operation;

realising that resulting co-operation may require exchange of classified information between the Parties;

desirous of guaranteeing the security of classified information marked by or at the instance of a competent authority of one Party, if the information is forwarded to the other Party through explicitly authorised authorities or agencies, in order to meet the needs of public administration, or the information is forwarded within the framework of agreements or contracts concluded between institutions of public or private law of each state;

guided by the desire to create a set of rules regulating mutual protection of classified information that would apply to co-operation agreements to be concluded and contracts to be awarded between the Parties leading to the exchange of classified information,

have agreed as follows:

Article 1

Definitions and equivalents

(1) Within the meaning of this Agreement, classified information means:

a) In the Republic of Latvia

- information containing state secret, namely, military, political, economical, scientific, technical or any other information, which is included in the list approved by the Cabinet of Ministers and the loss or unsanctioned disclosure of which can impair national security, economical or political interests.

b) In the Republic of Estonia

- state secret; any kind of information regardless of the form of the record which in the interest of ensuring the security of the state requires protection from disclosure and is an object of ownership under the jurisdiction of or produced by or for the Republic of Estonia, if the information has been classified as a state secret and marked pursuant to procedure provided by law;

(2) In accordance with the above, the Parties agree that the following levels of classification are equivalent and correspond to the levels of classifications provided for in the national legislation of the respective Party:

the Republic of Latvia

SEVIŠĶI SLEPENI

SLEPENI

KONFIDENCIĀLI

the Republic of Estonia

TÄIESTI SALAJANE TOP SECRET

SALAJANE SECRET

KONFIDENTSIAALNE CONFIDENTIAL

 

Article 2

National measures

(1) The Parties shall, under their national law, implement all measures appropriate to protect classified information to be forwarded pursuant to this Agreement or to be generated in performance of a classified contract. Such classified information shall be provided with the same protection as is given to national classified information with the corresponding classification level.

(2) The Parties shall not permit access to classified information by third persons without prior consent of the authority that marked the information. This shall be especially considered by the Parties in implementing recording and disclosure rules. Classified information shall only be used for prescribed purposes.

(3) Access to classified information obtainable under this Agreement shall be permitted only to those persons who in the course of performing their employment or official functions have the need to know and who are authorised after undergoing a required security clearance check which shall be at least as stringent as the requirement for access to classified information with the corresponding level of classification.

(4) The Parties shall ensure and be responsible for necessary security supervision within the boundaries of their state territories and for observance of legislation regulating protection of classified information.

(5) If another agreement concluded between the Parties contains strikter regulations regarding exchange or protection of classified information, these regulations shall be applied.

Article 3

Preparation of classified contracts

If one Party intends to award a contract the performance of which requires the access to classified information or use of classified information (classified contract) to a contractor under the jurisdiction of the other Party, then the Party shall, prior to so doing, apply to a competent authority of the other Party for confirmation that the specified supplier has cleared a security clearance check corresponding to the level of classification and implements required security measures to ensure adequate protection of classified information. Confirmations granted include assumption of responsibility to ensure that the security measures to be implemented by the cleared supplier are in conformity with the national rules for protection of classified information and that this will be monitored by the competent authority responsible for the supplier.

Article 4

Performance of classified contracts

(1) The authority responsible for an orderer shall guarantee that classified information which is to be forwarded or generated within the framework of the contract, is marked with a specific level of classification. At the request of the authority of the other Party responsible for the supplier of the contract, the authority responsible for the orderer shall present a list of the level of classification with which the information is marked (security classification quide and check list). In such case, the orderer shall also notify the authority of the other Party responsible for the supplier of the contract that the supplier has assumed responsibility to the orderer to implement its national security rules protecting classified information in processing the classified information entrusted thereto and, if necessary, to provide clarifications to the relevant competent national authority (protection of secrecy clause).

(2) If the authority responsible for a supplier has requested and received a security classification quide and check list from the authority responsible for the orderer, the authority responsible for the supplier shall confirm receipt in writing and forward the list to the supplier.

(3) In all cases the authority responsible for a supplier shall guarantee that the supplier shall process those parts of the contract requiring protection of secrecy according to the protection of secrecy clause, as classified information in its own state according to the corresponding level of classification in the security classification quide and check list forwarded thereto.

(4) Paragraphs (1) and (3) shall also apply where competent authority permits awards of subcontracts of classified information.

(5) The Parties shall ensure that a classified contract not be awarded or that work with parts of a contract requiring protection of secrecy not start until the supplier of a contract has taken or is in a timely manner prepared to take necessary measures of protection of secrecy.

Article 5

Marking

(1) Forwarded classified information shall be marked by or at the instance of the authority responsible for a recipient with the corresponding level of classification subject paragraph 2, Article 1.

(2) Copies and translations shall be marked and processed in the same manners as originals.

(3) The marking requirement shall also apply to classified information generated in the recipient state in connection with a classified contract.

(4) Levels of classification shall be amended or voided by the authority responsible for a recipient or classified information upon request of the competent authority of the originating state. The competent authority of the originating state shall notify the competent authority of the other Party six weeks in advance, of its intention to amend or void the level of classification.

Article 6

Transfer of classified information

(1) Classified information shall, as a rule, be sent from one state to another by diplomatic or a military courier. Competent authorities shall confirm receipt of information and forward the information to the addressee in accordance with national legislation regulating protection of classified information.

(2) Competent authorities may, for a specifically defined project, generally or with restrictions, agree that pursuant to the conditions set out in paragraph (3), classified information may also be sent by means other than diplomatic or military courier, if such courier would unduly complicate performance of transport or the contract.

(3) In cases specified in paragraph 2 of this Article:

- the carrier shall have the right of access to information of the corresponding level of classification;

- the originating agency shall retain a list of the information sent; one copy of the list shall be delivered to the addressee for forwarding to the competent authority;

- the classified information shall be packaged in accordance with the requirements of sending national information;

- the classified information shall be delivered against a legal instrument of transfer and receipt;

- the carrier shall carry courier identification issued by the security authority responsible for the originating or receiving agency.

(4) For sending large quantities of classified information, the competent authority shall, in every individual case, specify the mode of transport, route and accompanying security.

Article 7

Visits

(1) Access by a person arriving from the state territory of one Party to classified information and to the agency working therewith in the state territory of the other Party shall be guaranteed only with prior permission of the competent authority of the Party to be visited. Permits shall only be issued to persons, who, after undergoing a required security clearance check have the right to access the classified information.

(2) Visitors shall notify the competent authority of the Party to be visited of their visit in advance in accordance with the procedure in force in the territory of the state to be visited. The competent authorities of both Parties shall inform each other of visits, the specifics of advance notice, and shall secure the protection of personal data.

Article 8

Breach of protection requirements

for classified information

(1) If unsanctioned disclosure of classified information contrary to the rules is not precluded, can be presumed or is ascertained, the other Party must immediately be notified thereof.

(2) Breach of protection requirements for classified information shall be investigated by the competent authorities and courts of the Party to whose competence the matter belongs and shall be performed according to the domestic legislation of the Party. At the request of one Party, the other Party shall co-operate with the investigation and shall be informed of the results.

Article 9

Expenses incurred in implementation

of security measures

One Party shall not reimburse the authorities of the other Party for expenses incurred in connection with implementation of security measures.

Article 10

Competent authorities

The Parties shall inform each other through the diplomatic channels of the competent authorities for the implementation of the Agreement.

Article 11

Consultations and amendments

(1) The competent authorities of the Parties shall inform each other of the legislation in force in their territory regulating the protection of classified information.

(2) In order to ensure close co-operation in the performance of the Agreement, the competent authorities shall consult each other at the request of one of them.

(3) One Party shall allow the security authorities or other mutually agreed upon authority of the other Party to visit upon the territory of its state in order to specify with its security authorities the procedures and measures for the protection of classified information entrusted to it by the other Party. Each Party shall assist such authorities by ensuring adequate protection of the information entrusted to it by the other Party. The competent authorities shall determine the specifics thereof.

(4) Each Party may at any time request amending of the Agreement. If such request is made in written by one Party, the Parties shall commence negotiations on the amendment of the Agreement.

Article 12

Entry into force and termination

(1) This Agreement is concluded for an indefinite period of time. The Parties notify each other in writing that the necessary internal legal procedures for the entry into force of the Agreement have been completed. The Agreement shall enter into force on the date of receipt of the last notification.

(2) Each Party may terminate the Agreement by giving six months advance notice in writing. Upon termination, all classified information forwarded pursuant to or generated by the supplier of a contract of the state pursuant to the Agreement shall continue to be processed in accordance with paragraph (1) of Article 2, for as long as stipulated by the marking.

Done at Tartu on 26 May 2000 in duplicate in the Latvian, Estonian and English languages. In case of any divergences of interpretation, the English text shall prevail.

 

For the Government For the Government

of the Republic of the Republic

of Latvia of Estonia