Agreement between the Government of the Republic of Latvia and the Government of the Republic of Finland on Mutual Protection of Classified Information

The Government of the Republic of Latvia and the Government of the Republic of Finland, hereinafter referred to as the “Parties",

in order to guarantee the protection of any Classified Information exchanged between the Parties or transferred through public or private entities that deal with Classified Information of the Parties,

have agreed as follows:

Article 1
Definitions

For the purposes of this Agreement:

a) Classified Information means any information, documents or material of any form, nature or method of transmission provided by one Party to the other Party and to which a security classification level has been applied and which has been marked accordingly under national laws and regulations as well as any information, documents or material that has been generated on the basis of such Classified Information and marked accordingly;

b) Competent Security Authority means a national security authority or a designated security authority which is competent under national laws and regulations and responsible for the implementation of this Agreement;

c) Contractor means an individual, a legal entity or a state body possessing the legal capacity to conclude Classified Contracts;

d) Classified Contract means any pre–contractual negotiation, contract, subcontract or other approved arrangement with or between Contractors under the jurisdiction of either Party in order to supply products, execute works or provide services involving access to or generation of Classified Information;

e) Originating Party means the Party, as well as any other state body or legal public or private entity under its jurisdiction, providing Classified Information;

f) Receiving Party means the Party, as well as any other state body or legal public or private entity under its jurisdiction, to which Classified Information is transmitted;

g) Need to know means a principle by which access to Classified Information may be granted to an individual only in connection with his official duties or tasks.

Article 2
Purpose and Scope of Application

The purpose of this Agreement is to protect Classified Information provided by one Party to the other Party for purposes of foreign affairs, defence, security, police or industrial matters, or transmitted within the context of the implementation or preparation of Classified Contracts, or arising or produced within the context of any activity falling within the scope of application of this Agreement.

Article 3
Competent Security Authorities

1. The national security authorities designated by the Parties are:

2. The Parties shall inform each other through diplomatic channels of any subsequent changes of the national security authorities.

3. The national security authorities shall notify each other of any other Competent Security Authorities that are responsible for the implementation of this Agreement.

Article 4
Security Classification Levels

1. The levels of security classification of information shall correspond to one another as follows:

2. The Competent Security Authority of the Receiving Party shall alter or revoke the security classification level only when so requested by the Competent Security Authority of the Originating Party.

3. The Competent Security Authority of the Receiving Party may request the Competent Security Authority of the Originating Party to amend or revoke the security classification level or to supply reasons for the choice of a given level of classification.

Article 5
Security Principles

1. The Parties shall take all appropriate measures under their national laws and regulations so as to protect Classified Information referred to in this Agreement. They shall afford such information the same protection as they afford to their own information at the corresponding level of classification.

2. The Parties shall not provide access to Classified Information to international organisations or to officials, legal entities or nationals of third countries without the prior written consent of the Competent Security Authority of the Originating Party.

3. Classified Information shall be used solely for the purpose for which it has been provided.

4. Access to Classified Information shall be limited to persons who have a Need–to–know and who have been authorised to have access to such information as well as briefed accordingly. Access to information classified as KONFIDENCIĀLI/ LUOTTAMUKSELLINEN/ CONFIDENTIAL or above shall be limited only to persons who have been security cleared according to national laws and regulations and who hold a valid personnel security certificate.

5. The Competent Security Authorities shall, on request and in accordance with national laws and regulations, assist each other during procedures for personnel and facility security clearance.

Article 6
Classified Contracts

1. If the Competent Security Authority of the Originating Party intends to permit negotiations for concluding a Classified Contract with a Contractor under the jurisdiction of the Receiving Party, it shall, upon request, obtain a written assurance from the Competent Security Authority of the Receiving Party that the proposed Contractor holds the relevant personnel and facility security certificates.

2. In the case of an open tender the Competent Security Authority of the Recipient Party may provide the Competent Security Authority of the Originating Party with the relevant security certificates without a formal request.

3. Any sub–contractors shall be subject to the same security requirements as the Contractor which concluded the main Classified Contract.

4. The Competent Security Authority of the Originating Party shall deliver to the Competent Security Authority of the Receiving Party a list of the Classified Information provided by it for the performance of the Classified Contract.

Article 7
Transmission of Classified Information

1. Information classified as KONFIDENCIĀLI/ LUOTTAMUKSELLINEN/ CONFIDENTIAL or above shall be transmitted through diplomatic channels, unless otherwise agreed in accordance with Paragraph 2 of this Article.

2. The Competent Security Authorities may agree on other means of transmission of Classified Information ensuring its protection against unauthorised disclosure.

Article 8
Translation, Reproduction and Destruction of Classified Information

1. Information classified as SEVIŠĶI SLEPENI/ ERITTÄIN SALAINEN/ TOP SECRET may be translated or reproduced only if the Competent Security Authority of the Originating Party has given a prior written consent for it. The translation and reproduction of other Classified Information shall take place pursuant to the national laws and regulations of the Receiving Party.

2. The copies of Classified Information or its translation shall be limited to the number necessary for duty purposes.

3. All translations of Classified Information shall be made by persons who are appropriately security cleared in accordance with Paragraph 4 of Article 5.

4. Information classified as SEVIŠĶI SLEPENI/ ERITTÄIN SALAINEN/ TOP SECRET shall not be destroyed. It shall be returned to the Originating Party, after it is no longer required, taking into account the national laws and regulations.

5. Information classified as SLEPENI/ SALAINEN/ SECRET or below shall be destroyed in accordance with the national laws and regulations.

Article 9
Visits

1. Visits to facilities where information classified as KONFIDENCIĀLI/ LUOTTAMUKSELLINEN/ CONFIDENTIAL or above is developed, handled, generated or stored, or where activities within the scope of this Agreement are performed, shall be allowed only to visitors from the State of the other Party which have received a prior written permission from the Competent Security Authority of the host Party. Visits relating to information classified as DIENESTA VAJADZĪBĀM/ KÄYTTÖ RAJOITETTU/ RESTRICTED shall be arranged directly between the relevant facilities without formal proceedings.

2. The request for visit shall contain the following information:

a) the visitor’s name, date and place of birth, passport (ID card) number, nationality;

b) the visitor’s position and the name of the organisation represented;

c) the visitor’s security certificate;

d) the purpose and date of the visit;

e) the name and facilities of the organisation to be visited;

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

3. The request for visit shall be received by the Competent Security Authority of the Receiving Party at least thirty days before the visit is intended to take place. In urgent cases the Competent Security Authorities can agree on a shorter period.

4. The visitors shall follow the national laws and regulations and security rules applicable in the host facility.

Article 10
Notification and Consultations

1. In order to implement this Agreement the Competent Security Authorities shall notify each other of their relevant national laws and regulations and their amendments as well as consult mutually at each other’s request.

2. The Competent Security Authorities may develop detailed procedures for the implementation of this Agreement.

Article 11
Settlement of Disputes

All disputes between the Parties on the interpretation or application of this Agreement shall be settled exclusively by means of consultations.

Article 12
Breach of Security

1. Each Party shall immediately notify the other Party of any suspicions or discoveries of breach of security of Classified Information.

2. The Party with jurisdiction shall undertake all possible appropriate measures under its national laws and regulations so as to limit the consequences of a breach of security referred to in Paragraph 1 of this Article and to prevent further violations. Upon request, the other Party shall provide investigative assistance; it shall be informed of the outcome of the investigation and of the measures undertaken.

Article 13
Costs

Each Party shall bear its own costs incurred in connection with the implementation of this Agreement.

Article 14
Final Provisions

1. The Parties shall notify each other through diplomatic channels of the completion of the internal legal requirements necessary for the entry into force of this Agreement. This Agreement shall enter into force on the first day of the second month following the receipt of the later notification.

2. This Agreement is concluded for an indefinite period of time.

3. This Agreement may be amended by the mutual, written consent of the Parties. Either Party may propose amendments to this Agreement at any time. If one Party so proposes, the Parties shall begin consultations on amending this Agreement. The amendments shall enter into force in accordance with the same procedure as provided for in Paragraph 1 of this Article.

4. This Agreement may be terminated by either of the Parties by written notice to the other Party through diplomatic channels. In such a case, this Agreement shall expire six months after the date of the receipt of the notice on termination. The Classified Information already transmitted and/or generated shall be handled in accordance with the provisions of this Agreement for as long as necessary for the protection thereof.

In witness whereof, the duly authorised representatives of the Parties have signed this Agreement.

Done at Turku, on 17 August 2007, in two original copies each in the Latvian, Finnish and English languages, all texts being equally authentic. In case of any divergence of interpretation of the provisions of this Agreement, the English text shall prevail.