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 para o efeito, assinam o presente Acordo.
Feito em Bratislava, aos 25 de Outubro de 2007, em três exemplares, nas línguas portuguesa, eslovaca e inglesa, fazendo todos os textos igualmente fé. Em caso de divergências de interpretação, a versão em língua inglesa prevalecerá.
Pela República Portuguesa:
José Vieira Branco, Embaixador da República Portuguesa na República Eslovaca.
Pela República Eslovaca:
(ver documento original) Blanárik, Director da Autoridade Nacional de Segurança.
(ver documento original)
AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE SLOVAK REPUBLIC CONCERNING THE EXCHANGE AND THE MUTUAL PROTECTION OF CLASSIFIED INFORMATION
The Portuguese Republic and the Slovak Republic, hereinafter referred to as the «Parties»:
Recognising the need of the Parties to guarantee the protection of the classified information exchanged between them, the individuals or legal entities in their jurisdiction, under co-operation arrangements or contracts concluded or to be concluded;
Desiring to create a set of rules on the mutual protection of Classified Information exchanged between the Parties;
agree as follows:
Article 1
Object
This Agreement sets out the security rules applicable to all cooperation arrangements or contracts, which envisage an exchange of classified information, concluded or to be concluded between the competent national authorities of both Parties or by individuals or legal entities duly authorized to that purpose.
Article 2
Scope of application
1 - This Agreement sets out procedures for the protection of classified information exchanged between the Parties, or the individuals or legal entities under their jurisdiction.
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 3
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 respective Law in force to require protection against unauthorised disclosure and which has been marked by appropriate security classification level;
b) «Breach of security» means an act or an omission, deliberate or accidental, contrary to the respective Law in force, 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 as being responsible for the implementation and supervision 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) «Third Party» means any international organisation or state that is not a Party to this Agreement;
h) «Contractor» means an individual or a legal entity possessing the legal capacity to conclude contracts;
i) «Classified contract» means an arrangement between two or more contractors creating and defining enforceable rights and obligations between them, which contains or involves access to classified information;
j) «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 law in force;
k) «Facility security clearance» means a determination by the National Security Authority that, from a security point of view, a facility has the physical and organisational capability to handle and store classified information, in accordance with the respective law in force;
l) «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;
m) «Project security instructions» means a compilation of security requirements, which are applied to a specific project.
Article 4
National Security Authorities
1 - The National Security Authorities responsible for the application of this Agreement are:
For the Portuguese Republic - National Security Authority, Presidency of the Council of Ministers;
For the Slovak Republic - National Security Authority.
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 law in force regulating the protection of classified information.
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 5
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;
b) The receiving Party shall neither downgrade nor declassify the received classified information without the prior written consent of the originating Party;
c) The access to classified information shall be restricted 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 law in force.
Article 6
Equivalence of the security classification levels
The Parties agree that the following security classification levels are equivalent and correspond to the ones specified in the respective law in force:
(ver documento original)
Article 7
Security clearance procedure
1 - On request, the National Security Authorities of the Parties, taking into account their respective law in force, shall assist each other during the clearance procedures of their nationals living or facilities located in the territory of the other Party, preceding the issue of the personnel security clearance and the facility security clearance.
2 - The Parties shall recognise the personnel security clearances and facility security clearances issued in accordance with the law in force of the other Party.
3 - The National Security Authorities shall inform each other about any modifications regarding the personnel security clearances and facility security clearances.
Article 8
Marking
1 - The receiving Party shall mark the received classified information with its own security classification marking, in accordance with the equivalence referred to in article 6.
2 - The Parties shall inform each other about all subsequent classification alterations to the released classified information.
Article 9
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 and placed under the same protection as the original;
c) The translations and the number of 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/Tajné 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 law in force.
3 - Classified information marked as Secreto/Tajné 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/Dôverné shall be destroyed in accordance with the respective law in force.
5 - If it is impossible to protect and return classified information generated or transferred 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 10
Transmission of classified information
1 - Classified information shall normally be transmitted between the Parties through diplomatic channels.
2 - 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 authorised by the originating Party.
3 - Classified information may be transmitted via protected electronic means approved by the National Security Authorities in accordance with the respective law in force.
4 - The transmission of large items or quantities of classified information shall be approved on a case-by-case basis by both National Security Authorities.
5 - The National Security Authority of the receiving Party shall confirm in writing the receipt of the classified information.
Article 11
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 or to any individual or legal entity under the jurisdiction of a third state, without prior written permission from the originating Party.
Article 12
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 proposed contractor holds an appropriate facility security clearance certificate.
2 - Any subcontractor must fulfil the same security obligations as the contractor.
3 - The National Security Authority shall be responsible for the supervision and control of the compliance of the contractor with the commitments set in paragraph 2.
4 - Every classified contract concluded between contractors of the Parties, under the provisions of this Agreement, shall include appropriate project security instructions identifying the following aspects:
a) Commitment of the contractor to ensure that persons that require access to classified information to perform their duties have been appropriately secured cleared;
b) Commitment of the contractor 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 law in force;
c) Commitment of the contractor to allow security inspections of its premises;
d) List of classified information and the respective security classification levels;
e) Procedure for communication of alterations in the security classification levels;
f) Communication channels and means of electronic transmission;
g) Procedure for transportation of classified information;
h) Authorities competent for the co-ordination of the protection of classified information related to the classified contract;
i) An obligation to notify any actual or suspected compromise of classified information.
5 - Copy of the project security instructions of any classified contract shall be forwarded to the National Security Authority of the Party where the classified contract is to be performed to allow adequate security supervision and control.
6 - Representatives of the National Security Authorities may visit each other in order to analyse the efficiency of the measures adopted by a contractor for the protection of classified information involved in a classified contract.
Article 13
Visits
1 - Visits entailing access to classified information by nationals from one Party to the other Party are subject to prior written permission of the National Security Authorities in accordance with the respective law in force.
2 - The request for visit shall be submitted through the National Security Authority of the host Party and has to be received at least 30 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 one Party to visitors from the other Party only if they have been:
a) Appropriately security cleared by the National Security Authority of the requesting Party; and
b) Authorised to receive or to have access to classified information on a need-to-know basis, in accordance with the respective law in force.
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 - Visits of individuals from a third Party entailing access to classified information of the originating Party shall be authorized in writing by the National Security Authority of the originating Party.
7 - Once the visit has been approved, the National Security Authority of the host Party shall provide a copy of the request for visit to the security officers of the entity to be visited.
8 - The validity of the visit permission shall not exceed 12 months.
9 - Parties may agree to set up lists of authorized persons to make recurring visits. Those lists are valid for a period of 12 months.
10 - After the lists have been approved by the National Security Authorities the conditions of the specific visits shall be directly arranged with the entities to be visited.
11 - 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 entity the visitor represents or to which the visitor belongs;
c) Name and address of the 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) Name and phone number of the point of contact at 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 14
Breach of security
1 - In case of breach of security related to classified information originated by or received from the other Party, the National Security Authority of the Party where the breach of security occurs shall inform the National Security Authority of the other Party, as soon as possible, and ensure the appropriate investigation.
2 - If a breach of security occurs during transmission, in a State other than the Parties, the National Security Authority of the despatching Party shall take the actions prescribed in paragraph 1.
3 - The other Party shall, if required, co-operate in the investigation.
4 - In any case, the other 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 15
Expenses
Either Party shall bear its own expenses incurred in connection with the application and supervision of all aspects of this Agreement.
Article 16
Settlement of disputes
Any dispute concerning the interpretation or application of this Agreement shall be settled through negotiations.
Article 17
Entry into force
This Agreement shall enter into force on the thirtieth 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 18
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 17.
Article 19
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 20
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 Bratislava on 25 October 2007 in three originals, each one in the portuguese, slovak and english languages, all texts being authentic. In case of any difference of interpretation, the english text shall prevail.
For the Portuguese Republic:
José Vieira Branco, Ambassador of the Portuguese Republic To the Slovak Republic.
For the Slovak Republic:
(ver documento original) Blanárik, Director of the National Security Authority.