Vigência e denúncia
1 - O presente Acordo permanecerá em vigor por um período de tempo ilimitado.
2 - Qualquer das Partes poderá, a qualquer momento, denunciar o presente Acordo através de notificação prévia, por escrito e por via diplomática.
3 - O presente Acordo cessará a sua vigência seis meses após a data da recepção da notificação.
4 - Em caso de denúncia, a informação classificada trocada na vigência do presente Acordo continuará a ser tratada em conformidade com as disposições do mesmo, a não ser que as Partes acordem de outra forma.
Feito em Lisboa, aos 2 de Agosto de 2007, em dois originais em português, polaco e inglês, fazendo qualquer dos textos igualmente fé. Em caso de divergência na interpretação, o texto em inglês prevalecerá.
Pela República Portuguesa:
(ver documento original)
Pela República da Polónia:
(ver documento original)
AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE REPUBLIC OF POLAND ON MUTUAL PROTECTION OF CLASSIFIED INFORMATION
The Portuguese Republic and the Republic of Poland, hereinafter referred to as the «Parties»:
Having due regard for guaranteeing mutual protection of all information which has been classified pursuant to the law of each Party and transmitted to the other Party by competent authorities or authorised persons;
Desiring to create a set of rules on the mutual protection of Classified Information exchanged between the Parties,
have agreed as follows:
Article 1
Object of the Agreement
The present Agreement establishes the security rules applicable to any contract, envisaging the transmission of classified information, which is signed or is to be signed between the adequate national authorities of both Parties or by entities duly authorised to that purpose.
Article 2
Scope of application
The present Agreement sets out procedures for the protection of classified information exchanged between the Parties.
Article 3
Definitions
For the purposes of the present Agreement:
a) «Classified information» means the information, documents and materials, regardless of their form, nature, and means of transmission, determined to require protection against unauthorised disclosure, which has been so designated by security classification;
b) «National Security Authority» means the appropriated authority responsible for the implementation and supervision of the present Agreement;
c) «The transmitting Party» means the Party, which gives or transmits classified information to the other Party;
d) «The receiving Party» means the Party to which classified information is given or transmitted by the transmitting Party;
e) «Third Party» means any international organisation or state that is not a Party to the present Agreement;
f) «Classified contract» means an agreement creating and defining enforceable rights and obligations between two or more contractors in case when the agreement contains or involves access to classified information;
g) «Contractor» means an individual or a legal entity possessing the legal capacity to conclude contracts;
h) «Personnel security clearance» means the determination by the national security authority or other relevant authority that an individual is eligible to have access to classified information, in accordance with the law in force of each Party;
i) «Facility security clearance» means the determination by the national security authority or other relevant authority that, from a security point of view, a facility has the physical and organisational capability to use and deposit classified information, in accordance with the law in force of each Party;
j) «Need-to-know» means the access to classified information that may only be granted to a person who has a verified requirement for knowledge of, or possession of such information in order to perform his official and professional duties;
k) «Project security instruction» means a compilation of security requirements, which are applied to a specific project in order to standardise security procedures;
l) «Project security classification guide» means the part of the project security instruction which identifies the elements of the project that are classified, specifying the security classification levels.
Article 4
Responsible authorities
1 - The national security authorities are:
For the Portuguese Republic - Autoridade Nacional de Segurança, Presidência do Conselho de Ministros, Avenida da Ilha da Madeira, 1, 1400-204 Lisboa, Portugal;
(ver documento original)
2 - The Parties shall inform each other, through diplomatic channels, about any modification concerning the information provided in paragraph 1 of the present article.
Article 5
Security classifications and equivalences
The Parties agree that the following security classification levels are equivalent and correspond to the security classification levels specified in the law in force of each Party:
(ver documento original)
Article 6
Security rules
1 - Each Party shall ensure that all entities comply with the measures to protect classified information which is transmitted under the present Agreement or produced or developed in connection with a classified contract or any relation between the Parties.
2 - The Parties shall afford all transmitted, produced or developed classified information the same degree of security protection as provided for their own classified information of the equivalent level, as defined in article 5 of the present Agreement.
3 - Access to classified information is restricted to persons who, in order to perform their duties, have access to classified information on a need-to-know basis, hold an appropriate personnel security clearance and have been authorised by the appropriate authorities.
4 - The receiving Party shall mark the received classified information with its own equivalent security classification, in accordance with the equivalences referred in article 5 of the present Agreement.
5 - The Parties shall inform each other about all subsequent classification alterations to the transmitted classified information.
6 - The receiving Party and or entities from its State shall neither downgrade nor declassify the received classified information without the prior written consent of the transmitting Party.
7 - The transmitted classified information shall be used only for the purpose that it was transmitted for, under the agreements concluded between the Parties or contracts signed between entities.
8 - The receiving Party shall not transmit the classified information to a third Party, or to an individual holding the citizenship of a third State, or to an entity of a third State, without prior written authorisation from the transmitting Party.
Article 7
Co-operation on security clearance
1 - On request, the national security authorities, taking into account the law in force of each Party, shall assist each other during the clearance procedures preceding the issue of the personnel security clearance and the facility security clearance.
2 - The Parties shall recognise the personnel security clearance or the facility security clearance issued in accordance with the law in force of the other Party. The equivalence of the security clearances shall be in compliance with article 5 of the present Agreement.
3 - The national security authorities shall inform each other about any changes of the personnel security clearance and facility security clearance, related to the application of the present Agreement, particularly concerning cases of withdrawal or downgrading of their classification level.
Article 8
Translation, reproduction and destruction
1 - Classified information marked as (ver documento original)/Muito secreto/Top secret shall be translated or reproduced only upon the written permission of the national security authority of the transmitting Party.
2 - Translations and reproductions of classified information shall be made in accordance with the following procedures:
a) The persons translating or reproducing shall hold the appropriate personnel security clearance;
b) The translations and the reproductions shall be marked and given the same protection as the original information;
c) The translations and the number of reproductions shall be limited to the required official purposes;
d) The translations shall bear an appropriate note in the language into which it is translated indicating that it contains classified information received from the transmitting Party.
3 - Classified Information marked as (ver documento original)/Muito secreto/Top secret shall not be destroyed and it shall be returned to the national security authority of the transmitting Party.
4 - Destruction of classified information marked as Tajne/Secreto/Secret shall be notified to the transmitting Party.
5 - Classified information marked up to Poufne/Confidencial/Confidential, including, shall be destroyed in accordance with the law in force of each Party.
Article 9
Transmission between the Parties
1 - Classified information shall be transmitted between the Parties through diplomatic channels.
2 - If the use of such channels would be impractical or would unduly delay the receipt of the classified information, transmissions may be undertaken by appropriately security cleared personnel empowered with a courier certificate issued by the Party which transmits the classified information.
3 - The Parties may transmit classified information by electronic means in accordance with security procedures mutually approved by national security authorities.
4 - Delivery of a large volume of classified information arranged on a case-by-case basis shall be approved by both national security authorities.
5 - The receiving Party shall confirm the receipt of the classified information in writing.
Article 10
Classified contracts
1 - One Party, wishing to place a classified contract with a contractor of the other Party or wishing to authorise one of its own contractors to place a classified contract in the territory of the other Party within a classified project shall obtain, through its national security authority, prior written assurance from the national security authority of the other Party that the proposed contractor holds a facility security clearance of the appropriate level.
2 - The contractor commits itself to:
a) Having a proper level of facility security clearance granted to those facilities;
b) Having a proper level of personnel security clearance granted to persons who perform functions that require access to classified information;
c) Ensuring that all persons with access to classified information are informed of their responsibilities for the protection of classified information, according to the law in force of each Party;
d) Allowing security inspections of its facilities.
3 - Any subcontractor must fulfil the same security obligations as the contractor.
4 - The national security authority holds the competence to assure the compliance of the contractor with the commitments set in paragraph 2 of the present article.
5 - Every classified contract concluded between entities of the Parties, under the provisions of the present Agreement, shall include a project security instruction identifying the following aspects:
a) Project security classification guide and the list of classified information;
b) Procedure for the notification of changes in the classification of information;
c) Communication channels and means for electromagnetic transmission;
d) Procedure for the transportation of classified information;
e) Relevant authorities responsible for the co-ordination of the safeguarding of classified information related to the contract;
f) An obligation to notify any actual or suspected loss, leak or compromise of the classified information.
6 - Copy of the project security instruction 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.
7 - 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. Notice of the visit shall be provided, at least, 30 days in advance.
Article 11
Visits
1 - Visits entailing access to classified information by citizens of one Party to the other Party are subject to prior written authorisation given by the appropriate national security authority of the host Party.
2 - Visits entailing access to classified information shall be allowed by one Party to visitors from the other Party only if they have been:
a) Granted appropriate personnel security clearance by the appropriate national security authority or other relevant authority of the sending Party;
b) Authorised to receive or to have access to classified information on a need-to-know basis, in accordance with the law in force.
3 - The national security authority of the sending Party shall notify the national security authority of the host Party of the planned visit through a request for visit, which has to be received at least 30 days before the visit or visits take place.
4 - In urgent cases, the request for visit shall be transmitted at least seven days in advance.
5 - The request for visit shall include:
a) Visitor's first and last name, place and date of birth, citizenship, passport or identity card number;
b) Name of the entity which the visitor represents or to which the visitor belongs;
c) Name and address of entity to be visited;
d) Certification 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 facility to be visited, previous contacts and any other information useful to determine the justification of the visit or visits;
h) The date, signature and the official seal of the appropriate national security authority.
6 - Visits entailing access to classified information by citizens from a third State shall only be authorised by a common agreement between the Parties.
7 - The national security authority of the host Party shall inform the security officer of the entity to be visited about the data of the persons approved for a visit.
8 - For recurring visits the validity of visit authorisation shall not exceed 12 months.
9 - For any project, program or contract the national security authorities may agree to establish lists of authorised persons to make recurring visits. Those lists are valid for an initial period of 12 months that can be renewed.
10 - Once those lists have been approved by the national security authorities, the terms of the specific visits shall be directly arranged with the representatives of the entities to be visited by those persons, in accordance with the terms and conditions agreed upon.
Article 12
Breach and compromise of security
1 - In case of breach or compromise of security that results in a certain or suspected compromise of classified information originated by or received from the other Party, the national security authority of the Party where
the breach or compromise occurs shall inform the national security authority of the other Party, as soon as possible, and carry out the appropriate investigation.
2 - If a breach or compromise of security occurs in a State other than the Parties, the national security authority of the despatching Party shall take the actions prescribed in paragraph 1 of the present article.
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. The information shall include the reasons for the breach or the compromise of security, the extent of the damage and the conclusions of the investigation.
Article 13
Expenses
Each Party shall bear its own expenses incurred in connection with the application and supervision of all aspects of the present Agreement.
Article 14
Consultations
1 - In order to achieve and maintain comparable standards of security, the national security authorities shall, on request, provide each other with information about their security standards, procedures and practices for protection of classified information.
2 - The national security authorities of the Parties shall, on request, consult each other, in order to ensure close cooperation in the implementation of the present Agreement.
3 - Each Party may allow the representatives of the national security authority of the other Party to come to its own territory to discuss the procedures for protection of classified information transmitted by the other Party.
Article 15
Settlement of disputes
Any dispute concerning the interpretation or application of the present Agreement shall be settled through diplomatic channels.
Article 16
Amendments
1 - On request of one of the Parties, the present Agreement may be amended on the basis of mutual written consent.
2 - The amendments shall enter into force in accordance with the terms specified in article 17 of the present Agreement.
Article 17
Entry into force
The present Agreement shall enter into force on the thirtieth day following the receipt of the last written notification, through diplomatic channels, stating that all the internal requirements of each Party necessary for the entry into force have been fulfilled.
Article 18
Duration and termination
1 - The present Agreement is concluded for an unlimited period of time.
2 - Either Party may, at any time, through diplomatic channels, terminate the present Agreement upon a prior written notification.
3 - The present Agreement shall terminate six months after the receipt of such notification.
4 - Notwithstanding the termination, all classified information transmitted pursuant to the present Agreement shall continue to be protected in accordance with the provisions set forth herein, unless both Parties agree otherwise.
Done at Lisbon, on August 2, 2007 in two originals, each one in the portuguese, polish and english languages, all texts being equally authentic. In case of any divergence of interpretation the english text shall prevail.
For the Portuguese Republic:
(ver documento original)
For the Republic of Poland:
(ver documento original)