Agreement Between The Government Of The Republic Of Latvia And The Government Of The Republic Of Lithuania Concerning Mutual Protection Of Classified Information

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

Aiming to tight political, military, economical, juridical, scientific and technological co-operation between the Parties;

Co-ordinating efforts towards NATO;

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

Willing to ensure the protection of all classified information;

Have agreed as follows:

Article 1

General Provisions

1. The following terms are defined in the interests of clarity:

a) " Classified information " means:

— For the Republic of Latvia:

classified information, which contains 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;

— For the Republic of Lithuania:

documents, works, products and other objects, contents whereof and information where about is considered a State or official secret and that shall be protected against loss and illegal disclosure;

b) " Classified Material " includes any item of machinery or equipment or weapons either manufactured or in the process of manufacture or document;

c) " Classified Document " means classified information fixed in any technically possible form;

d) " Contractor " means an individual or legal entity possessing the legal capacity to undertake contracts;

e) " Classified contract " means a contract elaboration and performance of which requires the access to classified information or use of classified information;

f) " Designated Security Authority (DSA) " means the State governing and municipal institution, enterprise or establishment found by such institutions, the performance whereof is related to the use or protection of classified information and possessing rights to classify and declassify information;

g) " Competent Authority (CA) " means:

— For the Republic of Latvia: Bureau for Protection of Constitution;

— For the Republic of Lithuania: Commission for Secrets Protection Co-ordination;

h) " Originating Party " means the Party initiating the classified information as represented by CA/DSA;

i) " Recipient Party " means the Party to which the classified information is transmitted or transferred as represented by CA/DSA;

2. For the Republic of Latvia, it is marked KONFIDENCIĀLI (CONFIDENTIAL), SLEPENI (SECRET), SEVIŠĶI SLEPENI (TOP SECRET).For the Republic of Lithuania, classified information is marked KONFIDENCIALIAI (CONFIDENTIAL), SLAPTAI (SECRET), VISIŠKAI SLAPTAI (TOP SECRET)

3. The Republic of Latvia will protect Lithuanian classified information KONFIDENCIALIAI as Latvian KONFIDENCIĀLI, Lithuanian classified information SLAPTAI as Latvian SLEPENI and Lithuanian classified information VISIŠKAI SLAPTAI as Latvian SEVIŠĶI SLEPENI.

4. The Republic of Lithuania will protect Latvian classified information KONFIDENCIĀLI as Lithuanian KONFIDENCIALIAI, Latvian classified information SLEPENI as Lithuanian SLAPTAI and Latvian classified information SEVIŠĶI SLEPENI as Lithuanian VISIŠKAI SLAPTAI.

5. The level of classification will be changed or revoked by the Recipient Party on request of the Originating Party. Change or revocation of classification level shall be notified to the Recipient Party by the Originating Party as soon as possible.

6. All classified information transmitted or transferred before this Agreement enters into force is to be protected in compliance with its provisions.

Article 2

National Responsibilities

1. The Parties shall undertake within the national law all necessary steps to ensure the protection of classified information which is to be transferred pursuant to this Agreement or to which a contractor gains access under a contract involving classified information. Each Party shall promptly notify the other of any changes to its laws and regulations that would affect the protection of classified information under this Agreement.

2. Only authorised individuals can be granted access to classified information. The authorisation shall be granted only to individuals who have been appropriately security cleared and who have been authorised by the authority of their parent nation to have access to classified information. No individual is entitled solely by virtue of rank or appointment or security clearance to have access to classified information. Access to it shall be granted only to those individuals who require to be acquainted with the information in order to perform their duties.

Article 3

Access

The Parties shall ensure that:

1) The Recipient Party will not release the classified information to any third party without a written approval of the Originating Party;

2) The Recipient Party will afford the classified information a protection degree equivalent to that afforded to it by the Originating Party;

3) The Recipient Party will not use the classified information for other than the purpose for which it was provided;

4) The Recipient Party will respect private rights, such as patents, copyrights or trade secrets, which are involved in the classified information;

5) Each facility or establishment that handles classified information shall maintain a registry of the clearances of individuals at the facility or establishment who are authorised to have access to such information.

Article 4

Classified contracts

1. Should the Party consider concluding a classified contract with a contractor residing in the territory of the country of the other Party or with contractor of the other Party residing in the territory of the country of the host Party , an assurance from CA shall be obtained in advance that the proposed contractor has a security clearance corresponding to the required classification level and has implemented appropriate security arrangements to ensure the protection of the classified information. This assurance also involves the obligation to ensure that the security arrangements of the security cleared contractor correspond to national legislation on protection of classified information and that these arrangements are supervised by CA.

2. DSA/CA of the contractor is responsible for ensuring that each piece of classified information, which has been either released to the contractor of the other Party or generated in connection with a contract, has been assigned a security classification. By request of DSA/CA of the contractor, DSA/CA of the other Party shall provide a security requirements list. DSA/CA of the other Party shall also provide DSA/CA of the contractor with a notification stating that the contractor has undertaken to observe national legislation on the protection of classified information. DSA/CA of the other Party shall submit an appropriate notification of the contractor’s obligation to protect classified information to DSA/CA of the contractor.

3. DSA/CA of the contractor shall confirm in writing the receipt of the requested security requirements list and forward list to the contractor.

4. At all events, DSA/CA of the contractor shall ensure that the contractor will handle the parts of the contract, which require classification, in the same manner as classified information of the country of the contractor in compliance with the classification level fixed in the security requirements list.

5. Should DSA/CA approve a classified subcontract the paragraphs 2 and 4 of this Article shall apply accordingly.

6. The Parties will assure that a classified contract is concluded or, eventually, work on classified parts begins only after the contractor has implemented security measures.

Article 5

Translation, Reproduction and Destruction

1. Documents containing "TOP SECRET" information shall be allowed for translation and copying only on the written permission of DSA/CA of the Originating Party.

2. All translations and reproductions of classified information shall be made by individuals with security clearance issued pursuant to Article 2 of this Agreement. Such translations and reproductions should bear appropriate security classification. The number of copies of such translations and reproductions shall be limited to that required for official purposes.

3. Classified documents shall be destroyed by burning, shredding or pulping so as to prevent reconstruction of classified information contained therein.

4. Classified material shall be destroyed beyond recognition or modified so as to prevent reconstruction of classified information in whole or in part.

5. The "TOP SECRET" documents and material usually shall not be destroyed — they shall be returned to the Originating Party after they are recognised as no longer necessary or upon the expire of their validity.

Article 6

Transmission and transfer

1. Classified information is to be transferred from one Party to the other usually by means of diplomatic or military courier service or through military attachēs. The Receiving Party shall confirm the receipt of classified information and forward the information to the recipient in accordance with national legislation concerning the protection of classified information.

2. DSA/CA are entitled to approve — in connection with a specific case, generally or with some restrictions set up — transfer of classified information by other means than diplomatic or military courier channels, provided the use of these courier services would result in inadequate complications pertaining to transfer or completion of the contract.

3. In cases described in paragraph 2 of this Article the following requirements are to be met:

a) the forwarder is to be authorised access to classified information of an appropriate classification level;

b) the Originating Party shall retain a list of classified information being transferred and a copy of this list shall be provided to the recipient who is to forward it to DSA/CA;

c) the classified information shall be wrapped and sealed in compliance with regulations concerning internal transfer;

d) the hand over of classified information is to be confirmed in writing.

4. If transfer of a large quantity of classified information is required, DSA/CAS shall mutually agree on and approve the means of transportation, the route and security escort for each such case.

5. Electronic transmission of classified information shall be carried out entirely in encrypted form (using cryptographic means and devices).

Article 7

Visits

1. If authorisation for visits should be given to representatives of one Party to visit facilities and establishments of the other Party, where access to classified information is required, it shall be limited to official purposes. Authorisations to visit the facilities and establishments shall be granted only by the respective CA/DSA. Prior to such visits an approval of CA/DSA of the host country will be required.

2. A visitor’s request will include the following information:

a) Visitor’s name and surname, date and place of birth and passport number;

b) Official status of the visitor together with the name of the establishment, company or organisation which the visitor represents or to which the visitor belongs;

c) Certificate indicating the level of security clearance of a visitor;

d) Purpose of the visit and the assumed date of arrival and departure;

e) Name and address (if applicable) of the establishment, company or organisation to be visited.

Article 8

Breach and Compromise

1. If a violation of regulations on the protection of classified information, which could result in loss or disclosure or possible loss or disclosure of such information released by the Originating Party, cannot be ruled out, is presumed, occurs or if classified information is compromised by any other way, the Originating Party shall be informed immediately.

2. Violations of regulations dealing with the protection of classified information shall be detected and prosecution conducted in compliance with legal regulations of the Party concerned. Results are to be reported to the other Party as soon as possible.

Article 9

Expenses

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

Article 10

Dispute settlement, amendments and supplemental agreements

1. Any dispute regarding the interpretation or implementation of this Agreement shall be resolved by negotiations between the Parties.

2. Amendments to this Agreement may be made by mutual written consent of the Parties.

3. DSA/CA may conclude supplemental agreements or arrangements under this Agreement.

Article 11

Final provisions

1. This Agreement shall enter into force on the date of the receipt of the last notification on complying with national legal requirements necessary for the entry into force of the Agreement.

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

3. Each of the Parties is entitled to terminate the Agreement in writing, observing the six-month notice period. Despite of the termination of the Agreement, all classified information communicated pursuant to this Agreement or generated by the contractor shall continue to be handled in accordance with the provisions set forth in this Agreement as long as it is required by its classification allocation.

Done at Tartu. on 26 may , 2000 in two originals in the Latvian, Lithuanian and English language. In case of disputes the English text shall prevail.

For the Government of the Republic of Lithuania Indulis Bērziņš Minister of Foreign Affairs

For the Government of the Republic of Latvia Algirdas Saudargas Minister of Foreign Affairs