Agreement between the Government of the Republic of Latvia and the Cabinet of Ministers of Ukraine on Mutual Protection of Classified Information

The Government of the Republic of Latvia and the Cabinet of Ministers of Ukraine, hereinafter referred to as the Parties,

intending to ensure the mutual protection of all Classified Information, which has been classified in the state of the one Party and transferred to the state of the other Party,

desiring to establish the rules of the mutual protection of Classified Information, which shall extend to all agreements on cooperation to be concluded between the Parties and the contracts to be signed between the legal entities of the states of the Parties that are provided for exchange of Classified Information,

HAVE AGREED AS FOLLOWS:

Article 1

DEFINITIONS

1.1. Classified Information — information, document or material, which contains state secret, namely military, political, economic, scientific, technical or any other information, which is included in the list approved in accordance with the national legislation of the states of the Parties and the loss or unauthorized disclosure of which can impair national security, economic or political interests of the states of the Parties.

1.2. Classified Document — any item containing classified information regardless of its form or physical characteristic.

1.3. Classified Material — any item of machinery or equipment, or weapons either manufactured or in process of manufacture, which contain classified information.

1.4. Contractor — an individual or legal entity possessing the legal capability to undertake Classified Contracts.

1.5. Classified Contract — an agreement between two or more legal entities creating and defining enforceable rights and obligations between them, which contains or includes classified information.

1.6. Designated Authority — an institution of the state of the Party, the performance of which is related to the use or protection of classified information and which possess the right to classify and declassify information according to the national legislation.

1.7. Competent Authority — the authority, which in compliance with national legislation is responsible for the protection of classified information and for the implementation of this Agreement. Such authorities are listed in Article 4 of this Agreement.

1.8. Receiving Party — the Party to which the Classified Information is transferred as represented by the Competent Authority or the Designated Authority.

1.9. Originating Party — the Party initiating the Classified Information as represented by the Competent Authority or the Designated Authority.

1.10. Third Party — an international organization or a third State that is not a party to this Agreement.

1.11. Need to Know — access to Classified Information may only be granted to a person who has a verified need to know by virtue of his/her official duties, within the framework of which the information was released to the Receiving Party.

Article 2

SECURITY CLASSIFICATIONS

The security classifications and their equivalents of the Parties are:

Article 3

PROTECTION OF CLASSIFIED INFORMATION

3.1. Access to Classified Information shall be limited to those persons who have a Need to Know, and who have been security cleared by the Competent Authority of the Receiving Party, in accordance with its national legislation, corresponding to the required classification level of the information to be accessed.

3.2. The Originating Party shall ensure that the Receiving Party is informed of:

3.2.1. The security classification of the Classified Information and any conditions of release or limitations on its use, and that the Classified Documents and Classified Materials are so marked.

3.2.2. Any subsequent change in security classification.

3.3. The Receiving Party shall:

3.3.1. In accordance with its national legislation, provide the same level of security protection to Classified Information as provided by the Originating Party, subject to Article 2.

3.3.2. Ensure that security classifications are not amended and Classified Information is not declassified unless authorized in writing by the Originating Party.

Article 4

COMPETENT AUTHORITIES

4.1. The Competent Authorities of the states of the Parties are:

For the Republic of Latvia:

— The Constitution Protection Bureau;

For Ukraine:

— The Security Service of Ukraine.

4.2. The Competent Authorities shall provide each other with their official requisites.

4.3. In order to achieve and maintain comparable standards of security, the respective Competent Authorities shall, on request, provide each other with information about the security standards, procedures and practices for safeguarding Classified Information in the respective State of the Party.

4.4. The respective Competent Authorities of the states of both Parties can conclude executive documents to this Agreement. Subject to prior consultation with the respective Competent Authorities, other Designated Authorities of the states of the Parties are also allowed to conclude executive documents to this Agreement.

Article 5

RESTRICTIONS ON USE AND DISCLOSURE

5.1. Unless written consent of the Originated Party is given, the Receiving Party shall not disclose or use, or permit the disclosure or use of any Classified Information.

5.2. The Receiving Party shall not pass to the Third Party any Classified Information, supplied under the provisions of this Agreement, nor shall it publicly disclose any Classified Information without the prior written permission of the Originating Party.

Article 6

TRANSFER OF CLASSIFIED INFORMATION

6.1. Classified Information shall be transferred normally by means of diplomatic, military and other courier services approved by the Competent Authorities. The Receiving Party shall confirm the receipt of Classified Information.

6.2. If a large consignment containing Classified Information is to be transferred the respective Competent Authorities shall mutually agree on and approve the means of transportation, the route and security measures for each such case.

6.3. Other approved means of transfer or exchange of Classified Information, including electromagnetic transmission may be used if agreed upon by the Competent Authorities.

Article 7

Translation, reproduction, destruction

7.1. Documents containing information, classified SEVIŠĶI SLEPENI/ TOP SECRET/ OSOBLIVOY VAŽLIVOSTI information shall be allowed for translation and copying only on the written permission of the respective Competent Authority of the state of the Originating Party.

7.2. Translation of any Classified Information shall be made by appropriately security–cleared individuals. Such translation should bear appropriate security classification markings in the language into which it is translated indicating that the translation contains classified information of the state of the Originating Party.

7.3. Copies and translations of Classified Information of the state of the Originating Party shall be marked with the same classification markings as the originals and shall be handled as originals. Such reproduced information shall be placed under the same controls as the original information. The number of copies shall be limited to that required for official purposes.

7.4. Classified Document or Classified Material shall be destroyed or modified in such a manner so as to prevent reconstruction of classified information in whole or in part.

7.5. Document or material containing information, classified SEVIŠĶI SLEPENI/ TOP SECRET/ OSOBLIVOY VAŽLIVOSTI shall not be destroyed. It shall be returned to the respective Competent Authority of the state of the Originating Party.

Article 8

CLASSIFIED CONTRACTS

8.1. If there is a need to conclude a Classified Contract with a Contractor residing in the territory of the state of the other Party or with Contractor of the other Party residing in the territory of the state of the first mentioned Party, an assurance from the Competent Authority 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 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 the Competent Authority.

8.2. The Classified Contracts between the legal entities of the states of the Parties shall be concluded in accordance with the national legislation of the states of the Parties.

8.3. The Competent Authority 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 Classified Contract, has been assigned a security classification. On request of the Competent Authority of one Party, the Competent Authority of the other Party shall provide a security requirements list. The Competent Authority of one Party shall provide the Competent Authority of the other Party with a notification stating that the Contractor has undertaken to observe national legislation on the protection of Classified Information.

8.4. At all events, the Competent Authority shall ensure that the Contractor will handle the parts of a contract, which require classification, in the same manner as Classified Information of the State of the Contractor in compliance with the classification level defined in the Article 2.

8.5. Should the Competent Authority approve a classified subcontract this Article shall apply accordingly.

8.6. The Competent Authorities shall ensure that a Classified Contract is concluded or work on classified parts begins only after the Contractor has implemented all the necessary security measures.

Article 9

VISITS

9.1. Security experts of the states of the Parties may periodically visit each other in order to discuss the procedures for the protection of Classified Information.

9.2. The prior approval of the Competent Authority of the host state shall be required in respect of visitors if access to Classified Information or to premises where classified information is developed, handled or stored is necessary.

9.3. The procedures related to visits shall be developed and agreed between the Competent Authorities.

9.4. Each Party shall guarantee the protection of personal data of the visitors according to the respective national legislation.

Article 10

BREACH OF SECURITY

10.1. In case of a breach of security regulations that results in certain or suspected compromise of Classified Information, originated or received from the other Party, the Competent Authority in whose state the compromise occurred shall inform the Competent 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.

10.2. In case the compromise occurs in a country different from the Parties the Competent Authority of the dispatching Party shall take the abovementioned actions.

10.3. In any case, the other Party shall be informed of the results of the investigation and shall receive the final report as to the reasons of the event and the extent of the damage.

Article 11

COSTS

Each Party shall waive claims to other Party for reimbursements of expenditures incurred under the implementation of this Agreement.

Article 12

FINAL PROVISIONS

12.1. 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.

12.2. This Agreement shall remain in effect until terminated by either Party giving the other Party six months prior written notice of termination. Notwithstanding the termination of this Agreement, all Classified Information provided pursuant to this Agreement shall continue to be protected in accordance with the provisions set forth herein, until the Originating Party will dispense the Receiving Party from this obligation.

12.3. Each Party shall promptly notify the other Party of any amendments to its national legislation that would affect the protection of Classified Information under this Agreement. In such case, the Parties shall consult to consider possible amendments to this Agreement. In the meantime, Classified Information shall continue to be protected as described herein, unless requested otherwise in writing by the Originating Party.

12.4. This Agreement may be amended on the basis of mutual written consent of both Parties. Such amendments shall enter into force in accordance with paragraph 12.1. of this Article.

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

Done at Kyiv on 7 November 2003 in two copies in the Latvian, Ukrainian 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.