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

The Government of the Republic of Latvia and the Government of Georgia, hereinafter referred to as “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:

Article 1. Applicability

(1) The purpose of this Agreement it to establish the legal framework of cooperation between the Parties, regarding the protection of classified information.

(2) 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) Cooperation between governmental entities of the two Parties,

b) Cooperation, exchange of information, joint ventures, contracts and any 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.

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

(4) Annexes A and B to this Agreement are integral parts of the Agreement.

Article 2. Definitions

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

Article 3. Mutual Security Protection

(1) 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 6.

(2) 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 cleared for access to RESTRICTED information or granted a security clearance for access to information classified CONFIDENTIAL and above, and who, due to their functions or employment, have a “need to know”.

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

(4) Classified information shall be destroyed in such a manner that any reconstruction of classified information in whole or in part is effectively prevented.

Article 4. Disclosure of Information

(1) The Parties shall not disclose classified information under this Agreement to third parties 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.

(2) 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 the other Party’s classified information in accordance with its own standards and requirements.

(3) 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 administrative access or 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.

Article 5. Competent Security Authorities

(1) The receiving Party shall appoint and make known to the other Party a duly authorised 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.

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

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

In Latvia:

Constitution Protection Bureau

Miera str. 85a, Riga, LV 1013

LATVIA

In Georgia:

Ministry of Inner Affairs

Didi Kheivani str. 10

0114

Tbilisi, Georgia

(4) Each Competent Security Authority shall, upon request, furnish the other Competent Security Authority information concerning its security organisation and procedures and practices for safeguarding classified information, 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.

Article 6. Security Classifications

(1) The security classifications of the Parties and their equivalents of are:

(2) 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.

Article 7. Marking of Classified Information

(1) The receiving Party shall additionally mark the received classified information with its own equivalent security classification.

(2) Copies and translations of the received classified information shall be marked and placed under the same protection as the originals.

(3) Translations shall bear a note in the language into which they are translated stating that the translations contain classified information of the originating Party.

Article 8. Transmission of Classified Information

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

(2) Exchange of classified information can also take place through representatives officially appointed by the authorities in both countries. Such authorisation may be given to representatives of industrial undertakings engaged in specific projects.

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

(4) Other approved means of transmission or exchange may be used if agreed upon by both Competent Security Authorities.

Article 9. Visits

(1) 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 appropriately security cleared and have a “need to know”.

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

(3) Each Party shall guarantee the protection of personal data of the visitors according to the respective national laws and regulations.

Article 10. Industrial Security

(1) 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 authorise 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 facility security clearance of the appropriate level and has the facilities to handle and store classified information of the same level.

(2) Every classified contract between entities of the Parties and/or private organisations (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.

(3) 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.

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

(5) 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.

(6) Two 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.  

Article 11. Breach of Security

In case of a breach of security concerning classified information originated or received from the other Party, or if common interests are involved, the Competent Security Authority in whose country the security compromise has occurred shall inform the Competent Security Authority of the other Party as soon as possible and carry out the appropriate investigation. The other Party shall, if required, cooperate in the investigation. The other Party shall be informed in writing of the results of the investigation, the reasons and extent of the security compromise and the measures undertaken for their cessation.  

Article 12. Expenses

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

Article 13. Dispute Settlement

Any dispute regarding the interpretation or application of this Agreement shall be resolved by consultation between the Parties, without recourse to outside jurisdiction.  

Article 14. Final Provisions

(1) This Agreement shall enter into force on the date of the receipt of the last written notification about accomplishments by the Parties of internal procedures necessary for its entry into force. It may be terminated at any time by either Party in the way of a written notification. In such case the Agreement expires six months from the date of the notification of the termination.

(2) Each Party shall promptly notify the other Party of any amendments of its national laws and regulations that would affect the protection of classified information under this Agreement.

(3) The review, changes and amendments of the Agreement may be done at any time on the basis of mutual written consent of both Parties.

(4) In the event of termination, classified information transmitted under the terms of this Agreement shall be returned to the other Party as soon as possible. Classified information that is not returned to the other Party shall be protected in accordance with the provisions laid down in this Agreement.

Signed in Riga on July 6, 2005, in two original copies, for each of the following languages: Latvian, Georgian and English, all texts being equally authentic. In case of differences in interpretation, the English text shall prevail.

Annex A

To the Agreement between the Government of the Republic of Latvia

and the Government of Georgia on Mutual Protection of Classified Information

Definitions

For the purpose of this Agreement, the following terms are defined:

1. “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. “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. “Document” means any form of recorded information regardless of type of recording media,

which in the interest of national security of the Party and in accordance with its applicable laws and regulations, requires protection against unauthorised disclosure and which has been classified in accordance with national legislation.

2. “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.

3. “Contractor” means an individual or a legal entity possessing the legal capability to undertake classified contracts.

4. “Need to know” means the principle according to which a positive determination is made that a prospective recipient has a requirement for access to Classified Information in order to perform official tasks or services.

5. “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.

6. “Breach of security” means an act or an omission contrary to national security regulations, the result of which may endanger or compromise classified information.

Annex B

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

Visits by personnel of one Party to the facilities, establishments 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 authorised to receive classified information in accordance with the national regulations of the host country, and/or

(b) Authorised by the Competent Security Authority or other competent government authority of the respective country to perform the required visit.

A visit request shall include the following information:

(a) Visitor’s name and surname, date and place of birth, nationality and passport or other identity document of the visitor,

(b) Official (employment) status of the visitor, including the name of the establishment, company or organisation, which the visitor represents,

(c) Certification of the visitor being administratively cleared or possessing a security clearance,

(d) Object (name and address of the establishment/facility to be visited) and purpose of the visit,

(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,

(f) Expected dates and duration of the visit.

The visit request shall be submitted:

(a) Through the Competent Security Authority for visit requests of the citizens of Georgia to the Republic of Latvia,

(b) Through to the Competent Security Authority for visit requests of the citizens of the Republic of Latvia to Georgia,

(c) Other procedures may be used if agreed upon by both Competent Security Authorities.

The validity of visit authorisations shall not exceed 12 months.

All visitors will comply with the national security regulations on protection of classified information of the host Party.