Agreement between the Government of the Republic of Latvia and the Government of the Kingdom of Sweden concerning the Protection of Classified Information

The Government of the Republic of Latvia and the Government of the Kingdom of Sweden also referred to as the Parties, have in the interest of national security established the following General Security Agreement (hereinafter – Agreement), wishing to ensure the protection of Classified Information transferred between the two countries for the purposes of defence research, production and procurement or to commercial and industrial organisations in either of the two countries, through approved channels.

This Agreement is not intended to conflict with national law. In case of conflict, national law will prevail.

This Agreement is not intended to conflict with national law. In case of conflict, national law will prevail. If conflicts arise the Party will inform the other Party on its intention to apply national legislation and to forward the texts of the relevant national legal acts to the other Party.

 

Article 1

DEFINITIONS

The following definitions are defined in the interests of clarity:

 

”Classified Contract” means a contract between two or more parties creating and defining enforceable rights and obligations between the Parties and which contains or involves requires the access to Classified Information or the use of Classified Information.

“Classified Information”, for the purpose of this Agreement, is information which is classified as such by the Party providing the information. The Classified Information may be in any form (e.g. oral, visual, documentary, translations, equipment etc.).

 

”Contract” means an agreement between two or more parties creating and defining enforceable rights and obligations between the Parties.”Contractor” means an individual or legal entity possessing the legal capacity to undertake contracts.

“Document” means any recording medium containing Classified Information, including but not limited to any letter, note, minute, report, memorandum, signal / message, sketch, photograph, film, map, chart, notebook, stencil, carbon, typewriter ribbon, diskette, etc or other form of recorded information (e.g. tape recording, magnetic recording, punched card, tape, etc).

 

”Originating Party” means the Party initiating the Classified Information as represented by the Competent Security Authority.

 

”Recipient Party” means the Party to which the Classified Information is transmitted as represented by the Competent Security Authority.

 

“Personal Security Clearance” means an notification/act issued by the Competent Authority which certifies that relevant person has been security cleared to appropriate level of security classification in accordance with national standards.

 

“Facility Security Clearance” means an notification/act issued by the Competent Authority which certifies that relevant facility/premises has been security cleared to appropriate level of security classification in accordance with national standards.

 

Article 2

SECURITY CLASSIFICATIONS

For the Republic of Latvia Classified Information is marked SEVIŠĶI SLEPENI (TOP SECRET), SLEPENI (SECRET) and KONFIDENCIĀLI (CONFIDENTIAL). For the Kingdom of Sweden Classified Information is marked as KVALIFICERAT HEMLIG (TOP SECRET) and HEMLIG (SECRET).

The Republic of Latvia will protect Swedish Classified Information KVALIFICERAT HEMLIG as SEVIŠĶI SLEPENI and Swedish Classified Information HEMLIG as Latvian Classified Information SLEPENI.

The Kingdom of Sweden will protect Latvian Classified Information SEVIŠĶI SLEPENI as Swedish Classified Information KVALIFICERAT HEMLIG, Latvian Classified Information SLEPENI as Swedish Classified Information HEMLIG and Latvia Classified Information KONFIDENCIĀLI as Swedish Classified Information HEMLIG.

On occasion either Party may ask the other to afford protection at a higher level but not at a lower level than the classification indicated.

 

Article 3

COMPETENT SECURITY AUTHORITIES

The Parties shall inform each other of the Competent Security Authorities responsible in each country for security issues of Classified Information and for the implementation of this Agreement through diplomatic channels.

 

Article 4

RESTRICTIONS ON USE AND DISCLOSURE

(1) Without prior consultation, the Recipient Party will not disclose or use, or permit the disclosure or use of, any Classified Information except for purposes and within any limitations stated by or on behalf of the Originating Party .

(2) The Recipient Party will not pass or disclose to a Government official, Contractor, Contractors employee or to any other person holding the nationality of any third country, or to any international organisation, any Classified Information, supplied under the provisions of this Agreement, nor will it publicly disclose any Classified Information without the prior consultation of the Originating Party.

(3) Nothing in this Agreement will be taken as an authority for, or govern the release, use, exchange or disclosure of intellectual property rights until the specific written authorisation of the owner of these rights has first been obtained, whether the owner is one of the Parties or a third party.

 

Article 5

PROTECTION OF CLASSIFIED INFORMATION

(1) The Originating Party shall ensure that the Recipient Party is informed of:

(a) the classification of the information and of any conditions of release or limitations on its use, and that documents are so marked; and

(b) any subsequent change in classification.

(2) The Recipient Party shall:

(a) in accordance with its national laws and regulations, afford the equivalent level of security protection to Classified Information as is afforded by the Originating Party. The Receiving Party will take all steps legally available to it to keep Classified Information free from disclosure under any legislative provision; and each Party will maintain accountability and control procedures to manage the dissemination of, and access to, Classified Information.

(b) ensure that Classified Information is marked with its own classification in accordance with Article 2; and

(c) ensure that classifications are not altered, except as authorised in writing by or on behalf the Originating Party .

(3) In order to achieve and maintain comparable standards of security, each Competent Security Authority will, on request, provide to the other information about its security standards, procedures and practices for safeguarding Classified Information, and will for this purpose facilitate visits by the competent Security Authorities.

 

Article 6

ACCESS TO CLASSIFIED INFORMATION

Access to Classified Information will be limited to those persons who have a ”need to know” and who have been security cleared by the recipient Competent Security Authority, in accordance with their national standards, to the level appropriate to the classification of the information to be accessed.

 

Article 7

TRANSMISSION OF CLASSIFIED INFORMATION

(1) Classified Information will be transmitted between the two countries in accordance with the national security regulations of the Originating Party. Normally the exchange will be through official diplomatic channels, but other arrangements may be established, such as hand carriage, secure communications (encryption), if mutually acceptable to both Parties. The Party receiving transmitted classified information shall acknowledge its receipt in writing.

(2) Additionally, Classified Information may be transmitted between a ContractorSwedish company of the Originating Party and a Contractor of the Recipient Party residing in the Originating Party’s territory Latvian owned company in the Kingdom of Sweden or Latvian company and a Swedish owned company in the Republic of Latvia using the national transmission rules of the Originating Party.applicable in the country in which the companies are based Releases may only take place between companies which hold the relevant Facility and Personnel Security Clearances and where the information has been approved for release to the other country.

 

Article 8

VISITS

(1) The prior approval of the Competent Security Authority of the host country will be required in respect of visitors, including those on detached duty from the other country, where access to Classified Information or to defence establishments / defence contractor premises engaged in classified work is necessary. Requests for such visits will be submitted through the respective Embassies.

(2) Requests will include the following information:

(a) name of proposed visitor, date and place of birth, nationality 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 the visitor;

(d) name and address of the establishment, company or organisation to be visited;

(e) name and status of the person(s) to be visited, if known;

(f) purpose of the visit; and

(g) date of the visit. In cases of recurring visits the total period covered by the visits should be stated.

(3) All visitors will comply with the security regulations of the host country.

(4) Visit requests should be submitted to the Recipient Party in accordance with the normal procedures of the Recipient Party. Short notice visits can be arranged in urgent cases by special, mutually determined, arrangements.

(5) In cases involving a specific project or a particular contract it may, subject to the approval of both Parties, be possible to establish recurring visitors lists. These lists will be valid for an initial period not exceeding twelve (12) months and may be extended for a further period of time (not to exceed twelve (12) months) subject to the prior approval of the Competent Security Authority. They should be submitted in accordance with the normal procedures of the Recipient Party. Once a list has been approved, visit arrangements may be made direct between the establishments or companies involved in respect of listed individuals.

(6) Any information which may be provided to visiting personnel, or which may come to the notice of visiting personnel, will be treated by them as if such information had been furnished pursuant to the provisions of this Agreement.

 

Article 9

CONTRACTS

(1) When proposing to place, or authorising a contractor in its country to place a Contract involving Classified Information with a Contractor in the other country the Originating Party will obtain prior security clearance from the Competent Security Authority of the other country that the proposed Contractor is security cleared to the appropriate level and also has appropriate security safeguards to provide adequate protection for Classified Information. The Security Clearance will carry a responsibility that the security conduct by the cleared Contractor will be in accordance with national security rules and regulations and monitored by his Competent Security Authority.

(2) The Competent Security Authority will ensure that Contractors that receive Classified Contracts are properly informed aware of the following provisions:

(a) the definition of the term ”Classified Information” and of the equivalent levels of security classification of the two Parties in accordance with the provisions of this Agreement;

(b) the names of the Government Authority of each of the two countries empowered to authorise the release and to co–ordinate the safeguarding of Classified Information related to the Contract;

(c) the channels to be used for the transfer of the Classified Information between the Government Authorities and / or Contractors involved;

(d) the procedures and mechanisms for communicating the changes that may arise in respect of Classified Information either because of changes in its security classification or because protection is no longer necessary;

(e) the procedures for approval of visits, access or inspection by personnel of one country to companies of the other country are covered by the Contract;

(f) an obligation that the Contractor will disclose the Classified Information only to a person who has previously been cleared for access, who needs to know, and is employed on or engaged in, the carrying out of the Contract;

(g) an obligation that the Contractor will not disclose the Classified Information or permit it to be disclosed to any person not expressly cleared in writing by his Competent Security Authority to have such access; and

(h) an obligation that the Contractor will immediately notify his Competent Security Authority or any actual or suspected loss, leak or compromise of the Classified Information of this Contract.

(3) The Competent Security Authority of the Originating Party will pass two copies of the relevant parts of the Classified Contract to the Competent Security Authority of the Recipient country, to allow adequate security monitoring.

(4) Each contract will contain guidance on the security requirements and on the classification of each aspect / elements of the Contract. In Sweden this guidance will be set out in separate Security Agreements. The guidance must identify each classified aspect of the Contract, or any classified aspect which is to be generated by the Contract, and allocate to it a specific security classification. Changes in the requirements or to the aspects / elements will be notified as and when necessary and the Originating Party will notify the Recipient Party when all the information has been declassified.

 

Article 10

RECIPROCAL INDUSTRIAL SECURITY ARRANGEMENTS

(1) Each Competent Security Authority will notify the security status of a company’s premises in its country when requested by the other Party. Each Competent Security Authority will also notify the Security Clearance status of one of its nationals when so requested. These notifications will be known as Facility Security Clearance (FSC) and Personnel Security Clearance (PSC) respectively.

(2) When requested the Competent Security Authority will establish the Security Clearance Status of the company / individual which is the subject of the inquiry and forward a Security Clearance if the company / individual is already cleared. If the company / individual does not have a Security Clearance, or the Security Clearance is at a lower security level than that which has been requested, notification will be sent that the Security Clearance cannot be issued immediately but that action is being taken to process the request. Following successful enquires a Security Clearance will be provided which will then permit a reciprocal Security Clearance to be issued.

(3) A company which is deemed by the Competent Security Authority in the country in which it is registered, to be under the ownership, control or influence of a third country whose aims are not compatible with those of the host Government is not eligible for a Security Clearance and the requesting Competent Security Authority will be notified.

(4) If either Competent Security Authority learns of any derogatory information about an individual for whom a Personnel Security Clearance has been issued, it will notify the other Competent Security Authority of the nature of the information and the action it intends to take, or has taken. Either Competent Security Authority may request a review of any Personnel Security Clearance which has been furnished earlier by the other Competent Security Authority, provided that the request is accompanied by a reason. The requesting Competent Security Authority will be notified of the results of the review and any subsequent action.

(5) If information becomes available which raises doubts about the suitability of a reciprocally cleared company to continue to have access to Classified Information in the other country then details of this information will be promptly notified to the Competent Security Authority to allow an investigation to be carried out.

(6) If either Competent Security Authority suspends or takes action to revoke a Reciprocal Security Clearance, or suspends or takes action to revoke access which is granted to a national of the other country based upon a Security Clearance, the other Party will be notified and given the reasons for such an action.

(7) Each Competent Security Authority may request the other to review any Facility Security Clearances, provided that their request is accompanied by the reasons for seeking such a review. Following this review, the requesting Authority will be notified of the results and will be provided with facts supporting any decisions taken.

(8) If required by the other Party each Competent Security Authority will cooperate in reviews and investigations concerning Facility and Personnel Security Clearances.

 

Article 11

IMPLEMENTATION OF SECURITY REQUIREMENTS

Implementation of security requirements can be advanced through reciprocal visits by security representatives of the Parties. Accordingly, security representatives of the Parties, after prior consultation, will be permitted to visit the other Party, to discuss the security system of the other Party.

 

Article 12

LOSS OR COMPROMISE

(1) In the event of a security breach involving loss of Classified Information Material or suspicion that Classified Information has been disclosed to unauthorised persons, the Competent Security Authority of the Recipient Party will immediately inform the Competent Security Authority of the Originating Party in writing.

(2) An immediate investigation will be carried out by the Recipient Party (with assistance from the Originating Party if required) in accordance with the laws and regulations in force in that country for the protection of Classified Information. The Recipient Party will inform the Originating Party about the circumstances, measures adopted and outcome of the investigations as soon as practicable.

 

Article 13

COSTS

Any and all costs incurred by one Party in the application of the obligations in this Agreement shall be borne by that Party.

 

Article 14

AMENDMENTS

This Agreement may be amended or supplemented in an annex after consent, in writing, from the Parties.

 

Article 15

DISPUTES

Any dispute regarding the interpretation or application of this Agreement will be resolved by consultation between the Parties and will not be referred to any national or international tribunal or third party for settlement.

 

Article 16

TERMINATION / REVIEW

(1) This Agreement will remain in force until terminated by either Party giving the other Party six (6) months written notice of termination. Both Parties will remain responsible after termination for the safeguarding of all Classified Information exchanged under the provisions of this Agreement until the Originating party will dispense the Recipient Party from this obligation.

(2) Similarly, any Classified Information which is exchanged under the cover of this Agreement will also be safeguarded, even though its transfer may occur following notice by either of the Parties to terminate.

(3) In the event of termination, solutions to any outstanding problems will be sought by consultation between the Parties.

(4) This Agreement will be reviewed jointly by the Parties within ten (10) years after its effective date or as agreed when necessary.

 

Article 17

EFFECTIVE DATE

This Agreement will enter into force upon signature of both Parties.

In witness whereof the undersigned, duly authorised thereto, have signed this Agreement.

Done in duplicate in the Latvian, Swedish and English language, all three texts equally authentic. In case of different interpretation of this Agreement the English text will prevail.

 

FOR THE GOVERNMENT OF THE REPUBLIC OF LATVIA

 

FOR THE GOVERNMENT  OF THE KINGDOM OF SWEDEN