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13082 Estonia - Agreement Concerning Security Measures for Protection of Classified Military Information


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13082

 

DEFENSE

Security of Military Information

 

 

 

 

Agreement Between the
UNITED STATES OF AMERICA
and ESTONIA

 

Signed at Tallinn February 23, 2000

 

 

 

 

 

 

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.”

 

ESTONIA

Defense: Security of Military Information


Agreement signed at Tallinn February 23, 2000;
Entered into force February 23, 2000.

AGREEMENT BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF ESTONIA
AND
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
CONCERNING SECURITY MEASURES
FOR THE PROTECTION OF
CLASSIFIED MILITARY INFORMATION
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ESTONIA
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCERNING
SECURITY MEASURES FOR THE PROTECTION OF CLASSIFIED MILITARY
INFORMATION
The Government of the Republic of Estonia and the Government of the United States of
America (hereinafter referred to as "the Parties" and separately as "a Party"), in furtherance of
mutual cooperation and wishing to ensure the protection of classified military information, have
agreed as follows:
ARTICLE 1
Classified military information that is 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 to the laws and regulations of the country of the recipient Party.
ARTICLE 2
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 22, to consider possible amendments 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 3
For the purpose of this Agreement:
(1) "Classified military information" is information that is generated by or for the Ministry of
Defense of the Republic of Estonia or the Department of Defense of the United States of
America, 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 Republic of Estonia, classified military information is marked
CONFIDENTIAL (KONFIDENTSIAALNE), SECRET (SALAJANE), OR TOP SECRET
(TAIESTI SALAJANE). For the Government of the United States of America, it is marked
CONFIDENTIAL, SECRET, OR TOP SECRET. The information may be in oral, visual, or
documentary form, or in the form of equipment or technology.
(2) The "Recipient Party" is the Party to which classified military information is released.
(3) The "Releasing Party" is the Party which releases classified military information.
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ARTICLE 4
Supplemental annexes under this Agreement may be concluded by the designated implementing
agencies. For the Government of the Republic of Estonia, the implementing agency shall be the
Ministry of Defense. For the Government of the United States of America, the implementing
agency shall be the Department 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 Estonian President and Prime Minister, by virtue of their official duties, shall be entitled to
access as prescribed by Estonian law. The Parties shall ensure that:
(1) The recipient Party shall not release the information to a third-country government, person,
company, institution, or other entity of a third country without the prior written approval of the
releasing Party;
(2) The recipient Party shall afford the information a degree of protection equivalent to that
afforded it by the releasing Party;
(3) The recipient Party shall not use or permit the use of the information for any other purpose
than that for which it was provided without the prior written approval of the releasing Party;
(4) The recipient Party shall 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 the security clearances of individuals at the facility or establishment who are
authorized to have access to such information.
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 on all available information
indicating whether the individual is of unquestioned loyalty, 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.
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ARTICLE 7
An appropriate investigation, in sufficient detail to provide assurance that the above criteria have
been met, shall be conducted by the recipient Party with respect to any individual to be granted
access to classified military information pursuant to 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. Authorizations to visit the facilities and establishments shall be
granted only by the Party in whose territory the facility or establishment is located or by
government officials designated by the Party. The visited Party shall be responsible for advising
the facility or establishment of the proposed visit, and the scope and highest level of classified
military information to which the visitor may have access. Requests for visits by Estonian
representatives to facilities and establishments in the United States of America shall be submitted
through the Estonian Embassy in Washington, D.C. Requests for visits by United States
representatives to facilities and establishments in the Republic of Estonia shall be submitted
through the United States Defense Attache Office in Tallinn.
ARTICLE 10
Each Party shall be responsible for safeguarding all classified military information of the other
Party while it is in transit within its territory 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 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.
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.
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ARTICLE 13
Classified military information shall be transmitted between the Parties through government-to-
government channels. The minimum requirements for the security of the classified military
information during transmission shall be as follows:
A. Classified documents and other media:
(1) Documents and other media containing classified information shall be transmitted in
double, sealed envelopes or other double wrapping. The innermost envelope or wrapping shall
bear only the classification of the documents or other media and the organizational address of the
intended recipient; the outer envelope or wrapping shall bear the organizational address of the
intended 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 or wrapping.
(3) The sealed envelope or package shall be transmitted according to the prescribed
regulations and procedures of the releasing Party.
(4) 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.
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 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. 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; and, a receipt 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.
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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.
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
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 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. Each such translation shall bear appropriate
security classification markings and a suitable notation in the language into which it is translated,
indicating that the document or other media contain classified military information of the
releasing Party.
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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:
(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 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 these security representatives in determining
whether classified military information provided by the other Party is being adequately protected.
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ARTICLE 23
A. This Agreement shall enter into force upon the date of the last signature.
B. Amendments to this Agreement shall be made by mutual consent of the Parties and shall
enter into force on 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.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective
Governments, have signed this Agreement.
DONE in duplicate at Tallinn on this 23rd day of February 2000, in the Estonian and English
languages. In case of conflict between the two texts, the English text shall take precedence.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
REPUBLIC OF ESTONIA: UNITED STATES OF AMERICA:



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