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13017 Argentina - Agreement Concerning Security Measures for the Protection of Classified Information


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13017

 

 

DEFENSE

Security of Military Information

 

 

 

Agreement Between the
UNITED STATES OF AMERICA
and ARGENTINA

 

Signed at Washington January 12, 1999

 

 

 

 


 

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.”

 

ARGENTINA

Defense: Security of Military Information


Agreement signed at Washington January 12, 1999;
Entered into force January 12, 1999.

AGREEMENT BETWEEN
THE GOVERNMENT OF
THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF
THE ARGENTINE REPUBLIC
CONCERNING SECURITY MEASURES
FOR THE PROTECTION OF
CLASSIFIED MILITARY INFORMATION
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF
AMERICA AND THE GOVERNMENT OF THE ARGENTINE REPUBLIC
CONCERNING SECURITY MEASURES FOR THE PROTECTION OF
CLASSIFIED MILITARY INFORMATION
PREAMBLE
The Government of the United States of America and the Government of the
Argentine Republic, hereinafter referred to as "the Parties," and separately as "a Party;"
In furtherance of mutual cooperation to ensure the protection of classified military
information;
Have agreed as follows:
ARTICLE 1
Classified military information provided directly or indirectly by one Party to the other
Party, or to an officer or other representative of the other Party, shall be protected according
to the terms set forth herein and in accordance with the laws and regulations of the country of
the recipient Party.
ARTICLE 2
Each Party shall 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 23, to consider possible amendments to
this Agreement. In the interim, classified military information shall continue to be
protected as described in this Agreement, unless otherwise agreed in writing by the
releasing Party.
ARTICLE 3
For the purpose of this Agreement, 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 Government of the Argentine Republic, or that is under their
jurisdiction or control, and which requires protection in the interests of national security of
the Party by or for whom the information was generated. For the Government of the
United States of America, classified military information is marked CONFIDENTIAL,
SECRET, or TOP SECRET. For the Government of the Argentine Republic, it is marked
RESERVADO,CONFIDENCIAL,SECRETO, or ESTRICTAMENTE SECRETO Y
CONFIDENCIAL. The information may be in oral, visual, electronic, magnetic or
documentary form, or in the form of equipment or technology. Equivalent classifications
are as follows:
United States Argentina
Top Secret Estrictamente secreto y confidencial
Secret Secreto
Confidential Confidencial
Protect as U.S. Confidential Reservado
ARTICLE 4
Supplemental annexes under this Agreement may be concluded by the designated
implementing agencies. For the Government of the United States of America, the
implementing agency shall be the Department of Defense. For the Government of the
Argentine Republic, the implementing agency shall be the Ministry of Defense.
ARTICLE 5
No individual shall be entitled to access to 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 recipient Party. The Parties shall ensure that:
A. The recipient Party shall not release the information to a government,
person, firm, institution, organization or other entity of a third country without the prior
written approval of the releasing Party;
B. The recipient Party shall afford the information a degree of protection
equivalent to that afforded by the releasing Party;
C. The recipient Party shall not use the information for any other purpose than
that for which it was provided without the prior written approval of the releasing Party;
D. The recipient Party shall respect private rights, such as patents, copyrights,
or trade secrets, which are involved in the information; and
E. Each facility or establishment that handles classified military information
shall maintain a registry of the security clearance of individuals at the facility or
establishment who are authorized to have access to such information.
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ARTICLE 6
The determination on the granting of a personnel security clearance to an individual
shall be consistent with the interests of national security and shall be based upon all
available information indicating whether the individual is of unquestioned loyalty, integrity,
trustworthiness, and excellent character, and of such habits and associates as to cast no
doubt upon his or her discretion or good judgment in the handling of classified military
information.
ARTICLE 7
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 military information covered by this Agreement.
ARTICLE 8
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 in an equivalent manner as required
by the releasing Party.
ARTICLE 9
Authorizations for visits by representatives of one Party to facilities and
establishments of the other Party, where access to classified military information is
required, shall be limited to those necessary for official purposes. Authorization to
visit a facility or establishment shall be granted only by the Party in whose territory the
facility or establishment is located or by government officials designated by that Party.
The visited Party shall be responsible for advising the facility or establishment of the
proposed visit, the topic, scope and highest level of classified military information that
may be furnished to the visitor. Requests for visits by representatives of the Parties
shall be submitted through the United States Defense Attaché Office in Buenos Aires,
in the case of United States visitors, and through the Argentine Defense Attaché Office
in Washington, D.C., in the case of Argentine visitors.
3
ARTICLE 10
Each Party shall be responsible for safeguarding all classified military information
of the other Party while the information is in transit or storage within its territory.
ARTICLE 11
Each Party shall be responsible for the security of all government and private
facilities and establishments where the classified military information of the other Party
is kept and shall assure that for each such facility or establishment qualified individuals
are appointed who shall have the responsibility and authority for the control and
protection of the information.
ARTICLE 12
The classified military information shall be stored in a manner that assures access
only by those individuals who have been authorized access pursuant to Articles 5, 6, 7,
and 8 of this Agreement.
ARTICLE 13
Classified military information shall be transmitted between the Parties through
government-to-government channels. The minimum requirements for the security of
the information during transmission shall be as follows:
A. Documents
(1) Documents or other media containing classified military information shall
be transmitted in double, sealed envelopes, the innermost envelope bearing only the
classification of the documents or other media and the organizational address of the
intended recipient, the outer envelope bearing the organizational address of the recipient,
the organizational address of the sender, and the registry number, if applicable.
(2) No indication of the classification of the enclosed documents or other
media shall be made on the outer envelope. The sealed envelope shall then be
transmitted according to the official procedures of the releasing Party.
(3) Receipts shall be prepared for packages containing classified documents
or other media that are transmitted between the Parties, and a receipt for the enclosed
documents or media shall be signed by the final recipient and returned to the sender.
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B. Classified Equipment
(1) Classified equipment shall be transported in sealed, covered vehicles, or be
securely packaged or protected in order to prevent identification of its details, and kept
under continuous control to prevent access by unauthorized persons.
(2) Classified equipment which must be stored temporarily awaiting shipment
shall be placed in a protected 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. Only authorized personnel with the requisite security
clearance shall have access to the storage area.
(3) Receipts shall be obtained on every occasion when classified equipment
changes hands en route.
(4) Receipts shall be signed by the final recipient and returned to the sender.
C. Electronic Transmissions Classified military information transmitted by
electronic means shall be encrypted.
ARTICLE 14
Accountability and control procedures shall be established to manage the
dissemination of and access to classified military information.
ARTICLE 15
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 classification marking of the recipient Party that will
afford a degree of protection equivalent to that afforded to it by the releasing Party.
ARTICLE 16
Classified documents and other media containing classified military information
shall be destroyed by burning, shredding, pulping, or other means preventing
reconstruction of the classified military information contained therein.
5
ARTICLE 17
Classified equipment shall be destroyed beyond recognition so as to preclude
reconstruction of the classified military information in whole or in part.
ARTICLE 18
When classified documents or other media are reproduced, all original security
markings thereon shall also 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 19
All translations of classified military information shall be made by individuals with
security clearances pursuant to Articles 6, 7, and 8. 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 or media contains classified
military information of the releasing Party.
ARTICLE 20
Prior to the release to a contractor or prospective contractor of any classified
military information received from the other Party, the recipient Party shall:
A. Ensure that such contractor or prospective contractor and the contractor's facility
have the capability to protect the information;
B. Grant to the facility an appropriate facility security clearance;
C. Grant appropriate personnel security clearances for all individuals whose duties
require access to the information;
D. 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;
E. Carry out periodic security inspections of cleared facilities to ensure that the
information is protected as required herein; and
6
F. Ensure that access to the information is limited to those persons who have a need
to know for official purposes.
ARTICLE 21
The releasing Party shall be informed immediately of all losses or compromises, as
well as possible losses or compromises, of its classified military 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 22
Implementation of the foregoing security requirements can be advanced through
reciprocal visits by security personnel of the Parties. Accordingly, security
representatives of each Party, 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 23
A. This Agreement shall enter into force on the date of the last signature.
B. Amendments to the present Agreement shall be made by mutual consent of the
Parties and shall enter into force as of the date of their signing.
C. This Agreement shall remain in force for a period of five years and shall be
automatically 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.
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IN WITNESS WHEREOF the undersigned, being duly authorized by their
respective Governments, have signed this Agreement at Washington on this twelfth day of
January, 1999, in English and Spanish, both texts being equally authentic.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA: ARGENTINE REPUBLIC:
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