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

The Government of the Republic of Latvia and the Government of the Republic of Bulgaria (hereinafter referred to as the “Contracting Parties”),

having agreed to hold talks on political and security related issues and to broaden and tighten political, military and economic co-operation,

realising that resulting co-operation may require exchange of classified information between the Contracting Parties,

desiring to create a set of rules regulating the mutual protection of classified information which would apply to the co-operation agreements and arrangements to be concluded and classified contracts to be awarded between the Contracting Parties containing or involving classified information,

have agreed as follows:

Article 1. Definitions

(1) “Classified Information” means:

— for the Republic of Latvia:

information, document or material, 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 Bulgaria:

information, defined under the national legislation, the unauthorised access to which can impair or harm the interests of the Republic of Bulgaria, related to the national security, defence, foreign policy or protection of the constitutionally established order.

(2) “Classified Document” means any recorded information, regardless of its physical form and characteristics, including the following media of information: handwritten or printed material, programs for data processing, seals, maps, tables, photographs, drawings, paintings, engravings, charts or parts thereof, sketches, rough copies, working notes and papers, carbon copies, ink ribbons or reproductions by any means or process, any sound, voice, magnetic or video or electronic or optical recordings in any form and portable Automatic Data Processing equipment with resident computer storage media and removable computer storage media.

(3) “Classified Material” means any item of technical character, equipment, installation, device or weapons either manufactured or in process of manufacture, as well as components, used for their manufacture.

(4) “Receiving Contracting Party” means the Contracting Party to which Classified Information is transferred as represented by the Competent Authority or a Designated Security Authority.

(5) “Originating Contracting Party” means the Contracting Party initiating Classified Information as represented by the Competent Authority or a Designated Security Authority.

(6) “Competent Authority” means the authority, which in compliance with national legislation of the respective Contracting Party 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.

(7) “Designated Security Authority” means a Government authority and/or municipal institution, enterprise or establishment found by such institutions, the performance whereof is related to the use or protection of Classified Information and which possess the right to classify and declassify information.

(8) “Contractor” means an individual or a legal entity possessing the legal capability to undertake contracts.

(9) “Classified Contract” means an agreement between two or more administrative entities or private organizations creating and defining enforceable rights and obligations between them, which contains or involves Classified Information.

(10) “Third Party” means an international organization or a third state that is not a party to this Agreement.

Article 2. Security Classifications

The Contracting Parties agree that the following security classification levels are equivalent and correspond to the security classification levels specified in the national legislation of the respective Contracting Party:

Article 3. National measures

(1) In compliance with their national legislation the Contracting Parties shall implement all appropriate measures for the protection of Classified Information to be transferred under this Agreement or to be created in connection with a Classified Contract. The same level of protection shall be ensured for such Classified Information as it is provided to the national Classified Information with the corresponding security classification level.

(2) The Contracting Parties shall in due time inform each other about occurred changes in the national legislation, which affects the protection of Classified Information. In these cases the Contracting Parties shall inform each other in compliance with Paragraphs 3 and 4 of Article 4 in order to discuss the possible changes in this Agreement. Meanwhile the Classified Information shall be protected according to the provisions of the Agreement, except for cases when there are other written agreements.

(3) No one shall have access to Classified Information on the single grounds of rank, official position or security clearance. Access to Classified Information shall be limited only to those persons who have a security clearance in accordance with the national legislation of the respective Contracting Party and whose official duties require such access.

(4) The Receiving Contracting Party is obligated:

a) not to provide Classified Information to a Government, person or institution of a Third Party without a prior written consent of the Originating Contracting Party;

b) to afford to Classified Information a security classification level equivalent to that provided by the Originating Contracting Party;

c) not to use Classified Information for other purposes than it is provided for;

d) to guarantee private rights, such as patent rights, copyrights or trade secrets, that are involved in Classified Information.

(5) If any other Agreement concluded between the Contracting Parties contains stricter regulations regarding the exchange or protection of Classified Information, these regulations shall apply.

Article 4. Competent Authorities

(1) The Competent Authorities of the states of the Contracting Parties are:

For the Republic of Latvia:

— Constitution Protection Bureau;

For the Republic of Bulgaria:

— Information Security State Commission.

(2) The Competent Authorities shall provide each other with their official requisites.

(3) The Competent Authorities shall inform each other of the legislation in force on their respective territories regulating the protection of Classified Information.

(4) In order to ensure close co—operation in the performance of the present Agreement, the Competent Authorities may hold consultations at the request made by one of them.

(5) 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 Contracting Party.

(6) The respective Competent Authorities can conclude executive documents to this Agreement. Subject to prior consultation with the respective Competent Authorities, other Designated Security Authorities of the states of the Contracting Parties are also allowed to conclude executive documents to this Agreement.

Article 5. Transfer of Classified Information

(1) As a rule, Classified Information shall be transferred by means of diplomatic or military courier. The Receiving Contracting Party shall confirm in written form receipt of Classified Information.

(2) Classified Information may be transmitted via protected telecommunication systems, networks or other electromagnetic means approved by the Competent Authorities and holding the certificate issued pursuant to the national legislation of either Contracting Party.

(3) Other approved means of transfer of Classified Information may be used if agreed upon by the Competent Authorities.

(4) If a large consignment containing Classified Information is to be transferred, the Competent Authorities shall mutually agree on and approve the means of transportation, the route and security measures.

Article 6. Translation, reproduction, destruction

(1) Classified Documents containing SEVIŠĶI SLEPENI/ TOP SECRET/ CNHJUJ CTRHTNYJ information shall be allowed for translation and copying only on the written permission of the Competent Authority of the state of the Originating Contracting Party.

(2) All translations of Classified Information shall be made by individuals who have an appropriate security clearance. Such translation shall bear appropriate security classification markings and a suitable notation in the language into which it is translated indicating that the translation contains Classified Information of the state of the Originating Contracting Party.

(3) When Classified Information is reproduced, all original security markings thereon also shall be reproduced or marked on each copy. Such reproduced information shall be placed under the same control as the original information. The number of copies shall be limited to that required for official purposes.

(4) Classified Material shall be destroyed or modified in such a manner so as to prevent its reconstruction in whole or in part.

(5) SEVIŠĶI SLEPENI/ TOP SECRET/ CNHJUJ CTRHTNYJ information shall not be destroyed. It shall be returned to the Competent Authority of the state of the Originating Contracting Party.

Article 7. Classified Contracts

(1) Should a Contracting Party considers concluding a Classified Contract with a Contractor residing in the territory of the state of the other Contracting Party or with Contractor of the other Contracting Party residing in the territory of the state of the first mentioned Contracting Party, an assurance from the Competent Authority shall be obtained in advance that the proposed Contractor has a security clearance corresponding to the required security 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.

(2) The Competent Authority or the Designated Security Authority of the Contractor is responsible for ensuring that each piece of Classified Information, which has been either released to the Contractor of the other Contracting Party or generated in connection with a Classified Contract, has been assigned a security classification level. By request of the Competent Authority or the Designated Security Authority of the Contractor, the Competent Authority or the Designated Security Authority of the other Contracting Party shall provide a security requirements list. The Competent Authority or the Designated Security Authority of the other Contracting Party shall also provide the Competent Authority or the Designated Security Authority of the Contractor with a notification stating that the Contractor has undertaken to observe national legislation on the protection of Classified Information. The Competent Authority or the Designated Security Authority of the other Contracting Party shall submit to the Competent Authority or the Designated Security Authority of the Contractor an appropriate notification of the Contractor’s obligation to protect Classified Information.

(3) The Competent Authority or the Designated Security Authority 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, the Competent Authority or the Designated Security Authority of the Contractor 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 security classification level fixed in the security requirements list.

(5) Should the Competent Authority or the Designated Security Authority approve a classified subcontract the Paragraphs 2 and 4 of this Article shall apply accordingly.

(6) The Contracting Parties shall assure that a Classified Contract is concluded or, eventually, work on classified parts begins only after the Contractor has implemented security measures.

Article 8. Visits

(1) Security experts of the Competent Authorities or the Designated Security Authorities may periodically visit each other in order to discuss the procedures for the protection of Classified Information.

(2) The prior approval of the Competent Authority or the Designated Security 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.

(3) The procedures related to visits shall be developed and agreed between the Competent Authorities.

(4) Each Contracting Party shall guarantee the protection of personal data of the visitors according to the respective national legislation.

Article 9. Breach of Security

(1) In case of a breach of security that results in real or possible unauthorised access to or disclosure of Classified Information, originated or received from the other Contracting Party, the Competent Authority in whose state a breach of security occurred shall inform the Competent Authority of the other Contracting Party as soon as possible and carry out the appropriate investigation. The other Contracting Party shall, if required, cooperate in the investigation.

(2) In case the unauthorised access or disclosure occurs in a state different from the Contracting Parties, the Competent Authority of the despatching Contracting Party shall take the actions as of Paragraph 1.

(3) In any case, the other Contracting Party shall be informed of the results of the investigation and shall receive the final statement as to the reasons of the event and the extent of the damage.

Article 10. Expenses

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

Article 11. Final Provisions

(1) This Agreement is concluded for an indefinite period of time. The Contracting Parties shall notify each other in writing that the necessary internal legal procedures for the entry into force of the Agreement have been completed.

(2) Each Contracting Party may terminate this Agreement by written notice forwarded to the other Contracting Party. The termination shall enter into force six months after the date of receipt of the notification. 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 Contracting Party dispenses the Receiving Contracting Party from this obligation.

(3) This Agreement may be amended on the basis of mutual written consent of both Contracting Parties. Such amendments shall enter into force in accordance with Paragraph 1 of this Article.

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

Done at Riga on 5 July, 2002 in duplicate in the Latvian, Bulgarian and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.