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12922 Latvia - Agreement Concerning Security Measures for the Protection of Classified Military Information


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12922

 

DEFENSE

Security of Military Information

 

 

 

 

Agreement Between the
UNITED STATES OF AMERICA
and LATVIA

 

Signed at Washington January 15, 1998

 

 

 

 

 

 



NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

LATVIA

Defense: Security of Military Information

Agreement signed at Washington January 15, 1998;
Entered into force January 15, 1998.

AGREEMENT BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF
AMERICA
AND
THE GOVERNMENT OF THE REPUBLIC OF LATVIA
CONCERNING SECURITY MEASURES
FOR THE PROTECTION OF
CLASSIFIED MILITARY INFORMATION
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AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES
OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF LATVIA
CONCERNING SECURITY MEASURES FOR THE PROTECTION OF
CLASSIFIED MILITARY INFORMATION
The Government of the United States of America and the Government of the
Republic of Latvia (hereinafter the Parties), in furtherance of mutual cooperation
and wishing to ensure the protection of classified military information, have agreed
as follows:
ARTICLE 1
APPLICABILITY
A. For the purpose of this Agreement:
(1) "Classified military information" is information that is generated by or for the
Department of Defense of the United States of America or the Ministry of Defense
of the Republic of Latvia, or that is under their jurisdiction or control, and which
requires protection in accordance with national legislation in the interests of national
security of the Parties. For the Government of the United States of America,
classified military information is marked CONFIDENTIAL, SECRET, OR TOP
SECRET. For the Government of the Republic of Latvia, it is marked
CONFIDENTIAL (KONFIDENCIALA), SECRET (SLEPENA), OR TOP SECRET
(SEVISKI SLEPENA). The information may be in oral, visual, or documentary
form, or in the form of equipment or technology.
(2) "Recipient Party" is the Party to which classified information is released.
(3) "Releasing Party" is the Party which releases classified information.
B. The subject of this Agreement is classified military information that is provided
directly or indirectly by one Party to the other Party, or to an officer or other
representative or authorized body of the Parties. Such information shall be
protected according to the laws and regulations of the recipient Party and to the
terms set forth herein.
C. Each party shall promptly notify the other of any changes to its laws and
regulations that would affect the protection of classified military information under
this Agreement. In such case, the Parties shall consult, as provided for in
ARTICLE 15, to consider possible change to this Agreement. In the interim,
classified military information shall continue to be protected as described herein,
unless agreed otherwise in writing by the releasing Party.
ARTICLE 2
IMPLEMENTING AGENCIES FOR SUPPLEMENTAL PROTOCOLS OR
AGREEMENTS
For the Government of the United States of America, the agency for
concluding supplemental protocols or agreements shall be the Department of
Defense. For the Government of the Republic of Latvia, the agency shall be the
Ministry of Defense.
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ARTICLE 3
ACCESS
A. No individual shall be entitled to access to the classified military information
solely by virtue of rank, appointment, or security clearance. Access to the
information shall be granted only to those individuals whose official duties require
such access and who have been granted a personnel security clearance in accordance
with the prescribed standards of the Parties.
B. The Parties shall ensure that:
(1) The recipient Party will not release the information to a third-country
government, person, or other entity of a third country without the prior written
approval of the releasing Party;
(2) The recipient Party will afford the information a degree of protection equivalent
to that afforded it by the releasing Party;
(3) The recipient Party will not use the information for other than the purpose for
which it was provided without the prior written approval of the releasing Party;
(4) The recipient Party will respect private rights, such as patents, copyrights, or
trade secrets which are involved in the information, and
(5) Each facility or establishment' that handles classified military information shall
maintain a registry of individuals at the facility or establishment who are authorized
to have access to such information.
ARTICLE 4
PERSONNEL SECURITY
A. The granting of a personnel security clearance to an individual shall consider all
available information necessary to determine that the individual is of unquestioned
loyalty, trustworthiness, and excellent character.
B. An appropriate investigation, in sufficient detail to provide assurance that the
above criteria have been met, shall be conducted by the Parties with respect to any
individual to be granted access to classified information covered by this Agreement.
C. Before a representative of a Party releases classified military information to an
officer or representative of the other Party, the receiving Party shall provide to the
releasing Party an assurance that the officer or representative possesses the
necessary level of security clearance and requires access for official purposes, and
that the information will be protected by the receiving Party as required by the
releasing Party.
ARTICLE 5
VISITS
A. Authorizations for visits by representatives of one Party to facilities and
establishments of the other Party, where access to classified military information is
4
required, shall be limited to those necessary for official purposes. Authorizations to
visit the facilities and establishments shall be granted only by government officials
designated by the Parties.
B. Requests for visits by Latvian representatives to facilities and establishments in
the United States of America shall be submitted through the Latvian Embassy in
Washington, D.C.
C. Requests for visits by United States representatives to facilities and
establishments in the Republic of Latvia shall be submitted through the United States
Defense Attache Office in Riga.
ARTICLE 6
PHYSICAL SECURITY
A. The Parties shall be responsible for all classified military information of the
other Party while in transit or storage within their territory.
B. The Parties shall be responsible for the security of all government and private
facilities and establishments where the information of the other Party is available and
shall assure that qualified individuals are appointed for each such facility or
establishment who shall have the responsibility and authority for the control and
protection of the information.
C. The information shall be stored in a manner that assures access only by those
individuals who have been authorized access pursuant to Article 3 of this,
Agreement.
ARTICLE 7
TRANSMISSION
A. Classified military information shall be transmitted between the Parties through
government-to-government channels.
B. The Parties shall comply with the following measures for the secure national and
international transmission of classified military information:
(1) Documents and other media:
(a) Documents and other media containing classified information shall be
transmitted in double-sealed envelopes or other double wrapping. The innermost
envelope or wrapping will bear the classification of the documents and the
organizational address of the intended recipient; the outer envelope will bear the
organizational address of the recipient, the organizational address of the sender, and
the registry number, if applicable.
(b) No indication of the classification of the enclosed information shall be
made on the outer envelope or wrapping.
(c) The sealed package shall be transmitted according to the prescribed
regulations and procedures of the releasing Party.
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(d) Receipts shall be prepared for packages containing classified military
information that are transmitted between the Parties, and a receipt for the enclosed
information shall be signed by the final recipient and returned to the sender.
(2) Equipment:
(a) Classified equipment shall be transported in sealed covered vehicles, or
be securely packaged or protected, and kept under continuous control to prevent
access by unauthorized persons.
(b) Classified equipment which must be stored temporarily awaiting shipment
shall be placed in a secure, locked storage area. The area shall be protected by
intrusion-detection equipment or guards with security clearances who shall maintain
continuous surveillance of the storage area.
(c) Receipts shall be obtained on every occasion when classified equipment
changes hands en route; and, a receipt shall be signed by the final recipient and
returned to the sender.
(3) Electronic transmissions:
Classified military information transmitted by electronic means shall be
encrypted.
ARTICLE 8
ACCOUNTABILITY AND CONTROL
Accountability and control procedures shall be established to manage the
dissemination of and access to classified military information in accordance with the
laws and other legislation of the Parties.
ARTICLE 9
MARKING OF DOCUMENTS
Each Party shall stamp or mark the name of the originating government on all
classified military information received from the other Party. The information shall
be marked with a national security information secrecy classification marking of the
recipient Party that will afford a degree of protection equivalent to that afforded to it
by the originating Party.
ARTICLE 10
DESTRUCTION
A. Classified documents and other media containing classified information shall be
destroyed by burning, shredding or other means so as to prevent reconstruction of
the classified information.
B. Classified equipment shall be destroyed beyond recognition or modified so as to
preclude reconstruction of the classified information in whole or in part.
6
ARTICLE 11
REPRODUCTION
When classified documents.or other media are reproduced, all original
security markings thereon also shall be reproduced or marked on each copy. Such
reproduced documents or media shall be placed under the same controls as the
original document or media. The number of copies shall be limited to that required
for official purposes.
ARTICLE 12
TRANSLATION
All translations of classified information shall be made by individuals with
security clearances pursuant to Article 4. The number of copies shall be kept to a
minimum and the distribution thereof shall be controlled. Such translations shall
bear appropriate security classification markings and a suitable notation in the
language into which it is translated, indicating that the document contains classified
information of the releasing Party.
ARTICLE 13
RELEASE TO CONTRACTORS
Prior to the release to a contractor or prospective contractor of any classified
military information received from the other Party, the recipient Party shall:
(1) Ensure that such contractor or prospective contractor and the contractor's
facility have the capability to protect the information;
(2) Grant to the facility an appropriate facility security clearance;
(3) Grant appropriate personnel security clearances for those individuals
whose duties require access to the information;
(4) Ensure that all individuals having access to the information are informed
of their responsibilities to protect the information in accordance with applicable laws
and regulations;
(5) Carry out periodic security inspections of cleared facilities to ensure that
the information is protected as required herein; and
(6) Ensure that access to the information is limited to those persons who
have a need to know for official purposes.
ARTICLE 14
ACTION IN THE EVENT OF LOSS OR COMPROMISE
OR POSSIBLE LOSS OR COMPROMISE
The releasing Party shall be informed immediately of all losses or
compromises, as well as possible losses or compromises, of its classified military
7
information and the recipient Party shall initiate an investigation to determine the
circumstances. The results of the investigation and information regarding measures
taken to prevent recurrence shall be forwarded to the releasing Party by the Party
that conducts the investigation.
ARTICLE 15
REVIEW OF SECURITY SYSTEMS
A. Implementation of the foregoing security requirements can be advanced through
reciprocal visits by security personnel of the Parties.
B. Accordingly, security representatives of the Parties, after prior consultation,
shall be permitted to visit the other Party, to discuss and view firsthand, the
implementing procedures of the other Party in the interest of achieving reasonable
comparability of the security systems. Each Party shall assist the security
representatives in determining whether classified military information provided by
the other Party is being adequately protected.
ARTICLE 16
IMPLEMENTATION AND TERMINATION
A. This Agreement shall enter into force upon the date of the last signature.
B. Amendments to this Agreement may be made by mutual consent of the Parties
and shall enter into effect on the date of their signing.
C. This Agreement shall remain in force for a period of five years and shall be
extended annually thereafter, unless either Party notifies the other in writing through
diplomatic channels, ninety days in advance, of its intention to terminate the
Agreement.
D. Notwithstanding the termination of this Agreement, all classified military
information provided pursuant to this Agreement shall continue to be protected in
accordance with the provisions set forth herein.
DONE at Washington, D.C. this 15th day of January1998, in the English and
Latvian languages. In the case of different interpretation, the English text shall
prevail.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA
REPUBLIC OF LATVIA



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