Registo
A Parte em cujo território o presente Acordo for assinado deverá submetê-lo para registo junto do Secretariado das Nações Unidas nos termos do artigo 102.º da Carta das Nações Unidas, devendo, igualmente, notificar a outra Parte da conclusão deste procedimento e indicar-lhe o número de registo atribuído.
Em fé do que, os representantes das Partes, devidamente autorizados, assinaram o presente Acordo.
Feito em Kiev, a 22 de maio de 2017, em dois originais, nas línguas portuguesa, ucraniana e inglesa, sendo todos os textos igualmente autênticos. Em caso de divergência de interpretação, o texto na língua inglesa deverá prevalecer.
Pela República Portuguesa:
António José Gameiro Marques.
Pela Ucrânia:
Oleg Frolov.
(ver documento original)
AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND UKRAINE ON MUTUAL PROTECTION OF CLASSIFIED INFORMATION
The Portuguese Republic and Ukraine
Hereinafter referred to as the "Parties",
Recognizing the need of the Parties to guarantee the protection of the Classified Information exchanged between them, under co-operation contracts concluded or to be concluded in any forms, as well as jointly created;
Desiring to create rules on the mutual protection of Classified Information exchanged between the Parties, as well as jointly created,
Confirming that this Agreement shall not affect the commitments of both Parties which stem from other international agreements,
Agree as follows:
Article 1
Object
1 - This Agreement sets out the security rules applicable to all co-operation contracts in any forms, concluded or to be concluded between the designated entities of both Parties, which envisage an exchange of Classified Information, as well as the joint creation of such information.
2 - Either Party may not invoke this Agreement in order to obtain Classified Information that the other Party has received from a third party.
Article 2
Definitions
For the purposes of this Agreement:
a) "Classified Information" means an information, regardless of its form, nature, and means of transmission, determined in accordance with the national legislation to require protection against unauthorized disclosure and which has been classified with an appropriate level of classification;
b) "Breach of Security" means an act or an omission, deliberate or accidental, contrary to the national legislation of the Parties, which results in the actual or possible Compromise of Classified Information;
c) "Compromise of Classified Information" means a situation when, due to a Breach of Security, Classified Information has lost its confidentiality, integrity or availability;
d) "National Security Authority" means the authority designated by the Party for the implementation and the supervision of the application of this Agreement;
e) "Originating Party" means the Party which releases Classified Information to the other Party;
f) "Receiving Party" means the Party which receives the Classified Information from the other Party;
g) "Designated Entity" means the public or private entity authorized in accordance with national legislation of the Parties to handle Classified Information;
h) "Classified Contract" means an arrangement in any forms between the designated entities of the Parties concerning transmission of Classified Information or its creation;
i) "Personnel Security Clearance" means a determination by the National Security Authority that an individual is eligible to have access to Classified Information, in accordance with the respective national legislation;
j) "Facility Security Clearance" means a determination by the National Security Authority that, from a security point of view, a facility has the physical and organizational capability to handle and store Classified Information, in accordance with the respective national legislation;
k) "Need-to-know" means that access to Classified Information may only be granted to a person who has a verified requirement for knowledge of or possession of it in order to perform their duties.
Article 3
National Security Authorities
1 - The National Security Authorities designated for the implementation and supervision of the application of this Agreement are:
For the Portuguese Republic:
National Security Authority;
Presidency of the Council of Ministers.
For Ukraine:
Security Service of Ukraine.
2 - The National Security Authorities shall provide each other with their official contact data.
3 - The National Security Authorities shall inform each other of the respective national legislation regulating the protection of Classified Information as well as amendments affecting the implementation of this Agreement.
4 - In order to ensure close co-operation in the implementation of this Agreement, National Security Authorities may hold consultations at request of one of them.
Article 4
Security Rules
The protection and use of the Classified Information exchanged between the Parties is ruled by the following rules:
a) the Receiving Party shall afford to the received Classified Information a level of protection equivalent to the security classification level given to the Classified Information by the Originating Party, in accordance with Article 5;
b) the Receiving Party shall neither downgrade nor cancel the security classification level of the received Classified Information without the prior written consent of the Originating Party;
c) the access to Classified Information shall be limited to persons who, in order to perform their duties, have access to the Classified Information, on a Need-to-know basis and hold a Personnel Security Clearance in accordance with the respective national legislation.
Article 5
Equivalence of the National Security Classifications
The Parties shall, with regard to their national legislation, adopt the following equivalency for their national security classifications:
(ver documento original)
Article 6
Security Clearance Procedure
1 - The Parties shall recognize the Personnel Security Clearances and Facility Security Clearances issued in accordance with the respective national legislation of the other Party.
2 - The National Security Authorities shall inform each other about any modifications regarding the Personnel Security Clearances and Facility Security Clearances.
3 - On request, the National Security Authorities of the Parties, taking into account their respective national legislation, shall assist each other during the Personnel and Facility Security Clearance procedures.
Article 7
Marking
1 - The Parties shall mark all the classified information received from the other Party with a national security classification of the same level according to the Article 5 of this Agreement.
2 - The Parties shall inform each other about all subsequent security classification alterations to the released Classified Information.
Article 8
Translation, Reproduction and Destruction
1 - Translations and reproductions of Classified Information shall be made in accordance with the following procedures:
a) the individuals shall be appropriately security cleared;
b) the translations and the reproductions shall be marked with the same security classification as the original;
c) the number of copies of translations and reproductions shall be limited to that required for official purposes;
d) the translations shall bear an appropriate note in the language of translation indicating that they contain Classified Information received from the Originating Party.
2 - Classified Information marked as SECRETO/"(ver documento original)" and above shall be translated or reproduced only upon written permission of the National Security Authority of the Originating Party in accordance with the respective national legislation.
3 - Classified Information marked as SECRETO/"(ver documento original)" and above shall not be destroyed but shall be returned to the National Security Authority of the Originating Party.
4 - Classified Information marked up to CONFIDENCIAL/"(ver documento original)" shall be destroyed in accordance with the respective national legislation, in such a manner as to eliminate its partial or total reconstruction.
5 - If it is impossible to protect and return Classified Information transferred or created in accordance with this Agreement, the Classified Information shall be destroyed immediately. The Receiving Party shall notify the National Security Authority of the Originating Party about the destruction of the Classified Information as soon as possible.
Article 9
Transmission of Classified Information
1 - The Originating Party, through the National Security Authority, shall obtain from the National Security Authority of the Receiving Party a written assurance that the Designated Entity holds an appropriate Facility Security Clearance granted in accordance with the respective national legislation before the transmission of Classified Information.
2 - Classified Information shall normally be transmitted between the Parties through diplomatic channels.
3 - If the use of the diplomatic channels would be impractical or unduly delay receipt of the Classified Information, transmission may be carried out by appropriately security cleared personnel, duly authorized by the Originating Party.
4 - Classified Information may be transmitted via protected electronic means approved by the Parties in accordance with the respective national legislation.
5 - The transmission of large items or quantities of Classified Information shall be approved on a case-by-case basis by both National Security Authorities.
6 - The Receiving Party shall confirm in writing the receipt of the Classified Information.
Article 10
Use of Classified Information
1 - The transmitted Classified Information shall be used only for the purpose it has been transmitted for.
2 - Either Party shall ensure that all individuals and legal entities that receive Classified Information duly comply with the obligations established in this Agreement.
3 - The Receiving Party shall not release the Classified Information to a third party without prior written permission from the Originating Party.
Article 11
Classified Contracts
1 - The National Security Authority of one Party shall confirm in writing before conclusion of a Classified Contract or its carrying out in the territory of the other Party, that the Designated Entity of the Receiving Party proposed for the contract participation holds an appropriate Facility Security Clearance certificate granted in accordance with the respective national legislation.
2 - Any entity that concludes a contract with a Designated Entity of the Receiving Party that includes or involves access to Classified Information related to a given Classified Contract to be performed by the Designated Entity must fulfil the same security obligations as the Designated Entity.
3 - The National Security Authority shall supervise the compliance by the Designated Entity of the Receiving Party with the security rules applicable to the Classified Contract.
4 - Every Classified Contract concluded between Designated Entities of the Parties, under the provisions of this Agreement, shall include security rules identifying the following aspects:
a) commitment of the Designated Entity of the Receiving Party to ensure that persons that require access to Classified Information to perform their duties have been appropriately security cleared;
b) commitment of the Designated Entity of the Receiving Party to ensure that all persons with access to Classified Information are informed of their responsibility related to protection of Classified Information, in accordance with the respective national legislation;
c) commitment of the Designated Entity of the Receiving Party to allow security inspections of its premises;
d) list of Classified Information and the respective security classifications;
e) procedure for communication of alterations in the security classifications;
f) communication channels and means of electronic transmission;
g) procedure for transmission of Classified Information;
h) an obligation of the Designated Entity of the Receiving Party to notify the Originating Party and the National Security Authority of the Receiving Party of any actual or suspected Compromise of Classified Information.
5 - Security rules of any Classified Contract shall be forwarded to the National Security Authority of the Receiving Party to allow adequate security supervision.
6 - Representatives of the National Security Authorities may visit each other in order to control over the efficiency of the measures adopted by a Designated Entity of the Receiving Party for the protection of Classified Information involved in a Classified Contract.
Article 12
Visits
1 - Visits entailing access to Classified Information by nationals from the Originating Party to the Receiving Party are subject to prior written permission of the National Security Authorities in accordance with the respective national legislation.
2 - The request for visit shall be submitted to the National Security Authority of the Receiving Party and has to be received at least thirty days before the visit or visits take place.
3 - In urgent cases, the request for visit shall be submitted at least seven days in advance.
4 - Visits entailing access to Classified Information shall be allowed by Receiving Party to visitors from the Originating Party only if they have been:
a) appropriately security cleared by the National Security Authority of the requesting Originating Party; and
b) authorized to receive or to have access to Classified Information on a Need-to-Know basis, in accordance with the respective national legislation.
5 - The National Security Authority of the Party that receives the request for visit shall inform, as soon as possible, the National Security Authority of the requesting Party about the decision.
6 - Once the visit has been approved, the National Security Authority of the Receiving Party shall provide a copy of the request for visit to the Designated Entity to be visited.
7 - The validity of the visit permission shall not exceed twelve months.
8 - Parties may agree to set up lists of authorized persons to make recurring visits. Those lists are valid for a period of twelve months.
9 - After the lists have been approved by the National Security Authorities the conditions of the specific visits shall be directly arranged with the Designated Entities to be visited.
10 - The request for visit shall entail the following information:
a) visitor's first and last name, place and date of birth, nationality, passport or identification card number;
b) name of the Designated Entity the visitor represents or to which the visitor belongs;
c) name and address of the Designated Entity to be visited;
d) confirmation of the visitor's Personnel Security Clearance and its validity;
e) object and purpose of the visit or visits;
f) expected date and duration of the requested visit or visits, and in case of recurring visits, the total period covered by the visits;
g) contact of the entity to be visited, previous contacts and any other information useful to determine the justification of the visit or visits;
h) the date, signature and stamping of the official seal of the National Security Authority.
Article 13
Breach of Security
1 - In case of Breach of Security related to Classified Information received or jointly created Classified Information, the National Security Authority of the Receiving Party shall inform the National Security Authority of the either Originating Party, as soon as possible, and ensure the appropriate investigation in accordance with the respective national legislation.
2 - If a Breach of Security occurs during transmission on a territory which is not under the jurisdiction of one of the Parties, the National Security Authority of the Originating Party shall take the actions prescribed in Paragraph 1.
3 - The National Security Authority of the Originating Party shall, if required, co-operate in the investigation.
4 - In any case, the National Security Authority of the Originating Party shall be informed of the results of the investigation, in writing, including the reasons for the Breach of Security, the extent of the damage and the conclusions of the investigation.
Article 14
Expenses
Either Party shall bear its own expenses incurred in connection with the application and supervision of all aspects of this Agreement.
Article 15
Settlement of Disputes
Any dispute concerning the interpretation or application of this Agreement shall be settled through negotiations.
Article 16
Entry into Force
This Agreement shall enter into force on the thirtieth (30) day following the receipt of the last notification, in writing and through diplomatic channels, stating that all necessary internal requirements of both Parties for the entry into force have been fulfilled.
Article 17
Amendments
1 - This Agreement may be amended on the basis of mutual written consent of the Parties.
2 - The amendments shall enter into force according to Article 16.
Article 18
Duration and Termination
1 - This Agreement is concluded for an indefinite period of time.
2 - Either Party may terminate this Agreement at any time, by written notification through diplomatic channels, producing its effects six months after the date of its receipt by the other Party.
3 - Notwithstanding the termination, all Classified Information transmitted according to this Agreement shall continue to be protected in compliance with the provisions set forth herein, until the Originating Party dispenses the Receiving Party from this obligation.
Article 19
Registration
The Party in whose territory this Agreement is signed shall transmit it for registration to the Secretariat of the United Nations, in accordance with Article 102 of the Charter of the United Nations, and shall notify the other Party of the conclusion of the proceeding, indicating the respective registration number.
In witness whereof, the duly authorized representatives of the Parties, have signed this Agreement.
Done at Kyiv on the 22 of May 2017 in two originals, each one in the Portuguese, Ukrainian and English languages, all texts being authentic. In case of any difference of interpretation the English text shall prevail.
For the Portuguese Republic:
António José Gameiro Marques.
For Ukraine:
Oleg Frolov.
112031823