AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE GOVERNMENT OF THE REPUBLIC OF POLAND ON MUTUAL PROTECTION OF CLASSIFIED INFORMATION

The Government of the Republic of Latvia and the Government of the Republic of Poland, hereinafter referred to as the Contracting Parties,

having due regard for guaranteeing mutual protection of all the information which has been classified pursuant to the internal laws of the State of either Contracting Party and transferred to the other Contracting Party by Competent Authorities or authorised persons,

have agreed as follows:

Article 1

Definitions

For the purpose of this Agreement:

1) "Classified Information" means:

- For the Republic of Latvia:

information, document or material which contains a state secret, namely military, political, economical, scientific, technical or any other information which is included in the list approved by the Cabinet of Ministers, the loss or unsanctioned disclosure of which can impair national security, economical or political interests;

- For the Republic of Poland:

any information, irrespective of the form and manner of expression thereof, also during the preparation thereof, which requires protection against unauthorised disclosure.

2) "Contractor" means an individual or a legal entity possessing legal capability to undertake contract.

3) "Third Party" means a state or an international organization that is not party hereto.

Article 2

Security Classification Levels

1. Classified information shall be marked with security classification levels according to the internal laws of the State of each of the Contracting Parties.

2. The security classification levels and their equivalents of the Contracting Parties are as follows:

Republic of Latvia	Republic of Poland	Equivalent in English
sevišķi slepeni	śćiśle tajne	top secret
slepeni	tajne	secret
konfidenciāli	poufne	confidential
ierobežota lietošana	zastrzežone	restricted

Article 3

Competent Authorities

1. For the purpose of this Agreement, the Competent Authorities shall be:

1) For the Republic of Latvia:

Constitution Protection Bureau;

2) For the Republic of Poland:

Chief of the Internal Security Agency (civilian) and Chief of the Military Intelligence Services (military).

2. The Competent Authorities may conclude implementation agreements hereto.

Article 4

Measures Taken by Contracting Parties

1. In accordance with this Agreement and the internal laws of their States, the Contracting Parties shall protect Classified Information which is transferred or originated as a result of mutual cooperation.

2. The Contracting Parties shall provide for the information referred to in Paragraph 1 at least the same protection as applicable to their own Classified Information under the relevant security classification level.

3. Classified Information transferred hereunder shall be used exclusively in accordance with the purpose for which it has been transferred.

4. The Contracting Party shall not, without prior consent of the Competent Authority of the other Contracting Party, disclose the information referred to in Paragraph 1 to any Third Party.

5. Access to Classified Information shall be limited to those persons who have a Need to Know and who have been security cleared according to the internal laws of the State of each of the Contracting Parties.

Article 5

Contracts Involving Access to Classified Information

1. The Contracting Party may conclude a contract, the performance of which requires access to Classified Information, with a contractor residing in the territory of the State of the other Contracting Party or in its own territory.

2. In the case referred to in Paragraph 1 the Contracting Party shall beforehand request the Competent Authority of the other Contracting Party to issue a written guarantee that the proposed contractor is authorised to have access to Classified Information marked with the corresponding security classification level.

Article 6

Performance of Contracts Involving Access to Classified Information

1. The Competent Authority of the Contracting Party intending to conclude a contract shall submit to the Competent Authority of the other Contracting Party in the territory of which the contract is to be performed a list of security requirements required to perform the contract.

2. The Competent Authority of the Contracting Party in the territory of which the contract is to be performed shall ensure that the contractor protects Classified Information originated in connection with the performance of the contract in accordance with the security classification levels specified in the list referred to in Paragraph 1.

Article 7

Marking of Classified Information

1. Transferred Classified Information shall be marked by the Competent Authority of the Contracting Party or upon its order with a corresponding security classification level pursuant to the requirements referred to in Article 2 Paragraph 1 and 2.

2. Reproductions and translations of transferred Classified Information shall be marked and protected in the same manner as originals.

3. The marking requirements shall also apply to Classified Information originated in connection with a Contract.

4. The security classification level shall be changed or lifted by the Competent Authority of either Contracting Party upon the request of the Competent Authority of the other Contracting Party which has accorded the security classification level. The Competent Authority of the Contracting Party which has accorded the security classification level shall notify without delay the Competent Authority of the other Contracting Party about the changing or lifting of the security classification level.

Article 8

Transfer of Classified Information

1. Classified Information shall be transferred by a diplomatic or military courier subject to Paragraphs 2-4. The Competent Authority of the Contracting Party shall confirm the receipt of Classified Information and shall disseminate it in accordance with its internal laws.

2. In special cases, the Competent Authority of the Contracting Parties may adopt a different procedure for the transfer of Classified Information, which shall provide for its protection against unauthorised disclosure.

3. Classified Information may be transmitted via protected telecommunication systems and networks which have been granted a certificate pursuant to the internal laws of the State of either Contracting Party.

4. The Competent Authorities of the Contracting Parties shall make necessary arrangements to protect Classified Information transmitted via telecommunication systems and networks.

Article 9

Reproduction and Translation of Classified Information

1. Translation and reproduction of Classified Information marked as TOP SECRET shall require written permission of the Competent Authority of the relevant Contracting Party.

2. All reproductions of Classified Information shall be subject to the same protection as the original information. The number of reproductions shall be limited to that required for official purposes.

3. All translations of Classified Information shall be made by security-cleared individuals. Translations shall bear an appropriate note in the target language that they contain Classified Information received from the other Contracting Party.

Article 10

Destruction

1. Classified Information shall be destroyed in such a manner as to eliminate its partial or complete reconstruction.

2. Classified Information marked as TOP SECRET shall not be destroyed. It shall be returned to the Competent Authority of the relevant Contracting Party.

Article 11

Visits

1. Persons arriving on a visit from the State of either Contracting Party to the State of the other Contracting Party shall be allowed to access classified information to the necessary extent as well as the premises where Classified Information is developed, handled or stored exclusively after prior receipt of a written permit issued by the Competent Authority of the other Contracting Party.

2. The permit referred to in Paragraph 1 shall be granted exclusively to persons authorised to access Classified Information pursuant to the internal laws of the State of the Contracting Party delegating such persons.

3. The personal data of the persons arriving on a visit in the territory of the State of the other Contracting Party shall be transferred, to the extent required to obtain the permit referred to in Paragraph 1, to the Competent Authority of the other Contracting Party.

4. The Competent Authorities of each Contracting Party shall notify each other of the details of an application for a visit and shall ensure protection of personal data.

Article 12

Breach of Security Regulations

1. In the event of either Contracting Party establishing that an unauthorised disclosure of Classified Information of the other Contracting Party has occurred, such Contracting Party shall notify the other Contracting Party thereof as soon as possible.

2. A breach of the security regulations concerning Classified Information shall be investigated and prosecuted pursuant to the internal laws of the state of the Contracting Party in whose territory such a breach has occurred. The other Contracting Party shall, if required, cooperate in the investigation.

3. The Contracting Party shall as soon as possible notify the other Contracting Party of the results of the measures referred to in Paragraph 2.

Article 13

Expenses

Each Contracting Party shall cover its own expenses incurred in connection with the implementation of this Agreement.

Article 14

Consultations

1. The Competent Authorities of the Contracting Parties shall be obliged to notify each other about any amendments to the regulations concerning the protection of Classified Information introduced to the internal laws of their States.

2. The Competent Authorities shall consult each other upon the request of one of them in order to ensure close cooperation in implementing the provisions hereof.

3. Each Contracting Party shall allow representatives of the Competent Authority to come on visits to discuss the procedures concerning the protection of transferred Classified Information.

4. In the case referred to in Paragraph 3, each Contracting Party shall provide the Competent Authority assistance in verifying whether the transferred Classified Information is adequately protected.

Article 15

Settlement of Disputes

Any dispute related to the interpretation or implementation of this Agreement shall be settled by consultation between the Competent Authorities of the Contracting Parties.

Article 16

Final Provisions

1. This Agreement shall enter into force on the first day of the second month falling after the receipt of the later of the notes by which the Contracting Parties shall inform each other that the requirements of the internal laws for the entry hereof into force have been fulfilled.

2. This Agreement is concluded for an unlimited period of time. It may be terminated by either Contracting Party upon giving notice to the other Contracting Party. In such a case, this Agreement shall expire after six months following the receipt of the termination notice.

3. In the event of the termination hereof, Classified Information transferred hereunder or originated by the contractor shall continue to be protected pursuant to the provisions hereof as long as required under the relevant security classification level.

4. This Agreement may be amended on the basis of mutual written consent of Contracting Parties. Such amendments shall enter into force in accordance with Paragraph 1.

Done in Warsaw on 26 February 2003, in two original copies, each in the Latvian, Polish and English languages, all texts being equally authentic. In case of divergences of interpretation, the English text shall prevail.

On behalf of the	On behalf of the
Government of the	Government of the
Republic of Latvia	Republic of Poland