BETWEEN
THE REPUBLIC OF SLOVENIA
AND
UKRAINE
ON
EXCHANGE AND MUTUAL PROTECTION
OF CLASSIFIED INFORMATION
PREAMBLE
The Republic of Slovenia and Ukraine, hereinafter referred
to as the “Contracting Parties”, wishing to ensure the protection
of Classified Information exchanged between them or between
state bodies and private entities under their jurisdiction or jointly
created by them, have, in mutual respect for national interests
and security, agreed upon the following:
ARTICLE 1
DEFINITIONS
For the purposes of this Agreement these terms mean
the following:
Classified Information: Information that, under the legislation
of either Contracting Party, requires protection against
unauthorised disclosure, misappropriation or loss, and has
been designated as such, regardless of its form.
Classified Contract: A contract the performance of which
involves the transfer and use of Classified Information, or within
the framework of which Classified Information is produced.
Originating Party: The Contracting Party, including any
state bodies or private entities under its jurisdiction, which releases
Classified Information to the other Contracting Party.
Recipient Party: The Contracting Party, including any
state bodies or private entities under its jurisdiction, which receives
Classified Information from the Originating Party.
Third Party: A state, including any state bodies or private
entities under its jurisdiction, or an international organisation
that is not party to this Agreement.
ARTICLE 2
SECURITY CLASSIFICATION MARKINGS
1. Classified Information released under this Agreement
shall be marked with security classification markings as appropriate
under the national legislation of the Contracting Parties.
2. The equivalence of national security classification markings
is as follows:
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ARTICLE 3
COMPETENT SECURITY AUTHORITIES
The Competent Security Authorities (CSA) of the Contracting
Parties responsible for the implementation of this Agreement
are the following:
In the Republic of Slovenia:
Government Office for the Protection of Classified Information
(National Security Authority)
In Ukraine:
Security Service of Ukraine.
ARTICLE 4
ACCESS TO CLASSIFIED INFORMATION
1. Access to Classified Information released under this
Agreement shall be limited to individuals duly authorised in
accordance with the legislation of the respective Contracting
Party.
2. Subject to the fulfilment of procedural requirements laid
down in the national legislation, the Contracting Parties shall
mutually recognise their Personnel Security Clearances. The
provision of the second paragraph of Article 2 of this Agreement
shall apply accordingly.
ARTICLE 5
PROTECTION OF CLASSIFIED INFORMATION
1. The Originating Party shall:
a) ensure that Classified Information is marked with an
appropriate security classification marking in accordance with
its national legislation;
b) inform the Recipient Party
– of any conditions of release or limitations on its use,
and
– of any subsequent changes in classification or revocation
of classification.
2. The Recipient Party shall:
a) in accordance with its national legislation afford the
equivalent level of protection to Classified Information as afforded
by the Releasing Party;
b) ensure that Classified Information is marked with equivalent
security classification markings in accordance with the
provision of the second paragraph of Article 2 of this Agreement;
c) ensure that security classification markings are not altered
except if authorised in writing by the Originating Party.
ARTICLE 6
RESTRICTION ON USE OF CLASSIFIED INFORMATION
1. The Recipient Party shall use the Classified Information
only for the purpose it has been released for and within the
limitations stated by the Originating Party.
2. The Recipient Party shall not release Classified Information
to a Third Party without the written consent of the
Originating Party.
ARTICLE 7
TRANSMISSION OF CLASSIFIED INFORMATION
Classified Information shall be transmitted between the
Contracting Parties through approved and protected information
and communication channels, or through diplomatic channels
or as otherwise agreed between the CSAs.
ARTICLE 8
REPRODUCTION, TRANSLATION AND DESTRUCTION
OF CLASSIFIED INFORMATION
1. All reproductions and translations shall bear appropriate
security classification markings and shall be protected as
the original Classified Information. The translations and number
of reproductions shall be limited to the amount required for the
purpose for which Classified Information was released.
2. All translations shall contain a suitable annotation in the
language of the translation, indicating that it contains Classified
Information of the Originating Party.
3. Classified Information marked as STROGO TAJNO/
ОСОБЛИВОЇ ВАЖЛИВОСТІ shall be translated or reproduced
only upon the written permission of the Originating Party. Classified
Information marked as STROGO TAJNO/ОСОБЛИВОЇ
ВАЖЛИВОСТІ shall not be destroyed and shall be returned
immediately to the Originating Party when no longer required.
ARTICLE 9
VISITS
1. Visits necessitating access to Classified Information
shall be subject to prior permission issued by the respective
Competent Security Authority.
2. A request for visit shall be submitted to the relevant
CSA at least 20 days prior to the commencement of the visit,
and shall include the following:
a) name of the visitor, date and place of birth, nationality
and ID card/passport number;
b) position of the visitor, together with a specification of
the facility which the visitor represents, or the title and details of
the Classified Contract in which the visitor participates;
c) validity and level of the Personnel Security Clearance
of the visitor;
d) name, address, phone/fax number, e-mail and point of
contact of the facility to be visited;
e) purpose of the visit, including the highest level of the
Classified Information to be involved;
f) dates and duration of the visit, and in case of a recurring
visit the total period covered by the visits shall be stated;
g) date, signature and stamp of the official seal of the
CSA.
3. In urgent cases, the request for visit shall be submitted
at least five working days prior to the commencement of the
visit.
4. In a particular Classified Contract, the CSAs may agree
on a list of visitors entitled to recurring visit. The list shall be
valid for an initial period not exceeding 12 months and may be
extended for a further period of time not exceeding 12 months.
The request for a recurring visit shall be submitted in accordance
with the provision of the second paragraph of this Article.
Once a list has been approved, visits may be arranged directly
between the facilities involved.
5. Any Classified Information acquired by a visitor shall
be considered as Classified Information released under this
Agreement.
ARTICLE 10
CLASSIFIED CONTRACTS
1. Subject to the fulfilment of procedural requirements
laid down in national legislation, the Contracting Parties shall
mutually recognise their Facility Security Clearances. The provision
of the second paragraph of Article 2 of this Agreement
shall apply accordingly.
2. The CSA of the Originating Party may request that the
CSA of the Recipient Party carry out a security inspection at a
facility to ensure continued compliance with security standards
according to national laws and regulations.
3. A Classified Contract shall contain provisions on the
security requirements and on the classification of each aspect
or element of the Classified Contract.
4. On request, the CSAs shall confirm that proposed
contractors, as well as individuals participating in pre-contractual
negotiations or in the implementation of Classified
Contracts, have appropriate Personnel and Facility Security
Clearances.
ARTICLE 11
SECURITY CO-OPERATION
1. In order to achieve and maintain comparable standards
of security, the CSAs shall, on request, provide each other with
information about their national security standards, procedures
and practices for the protection of Classified Information. To this
aim the CSAs may conduct mutual visits.
2. The CSAs shall inform each other of current security
risks that may endanger the released Classified Information.
3. On request, the CSAs shall, within the limits set up
by their national legislation, assist each other in carrying out
security clearance procedures.
4. The CSAs shall promptly inform each other about any
changes in mutually recognized Personnel and Facility Security
Clearances.
5. Co-operation between the CSAs under this Agreement
shall be effected in the English language.
ARTICLE 12
BREACH OF SECURITY
1. In the event of a security breach resulting in or possibly
resulting in unauthorised disclosure, misappropriation or loss of
Classified Information, or suspicion of such a breach, the CSA
of the Recipient Party shall immediately inform thereof the CSA
of the Originating Party in writing.
2. The appropriate authorities of the Recipient Party (assisted
by the appropriate authorities of the Originating Party,
if required) shall carry out an immediate investigation of the
incident in accordance with their national legislation. The Recipient
Party shall without delay inform the Originating Party
about the circumstances of the incident, inflicted damage,
measures adopted for its mitigation and the outcome of the
investigation.
ARTICLE 13
EXPENSES
Each Contracting Party shall bear its own expenses incurred
in the course of the implementation of this Agreement.
ARTICLE 14
INTERPRETATION AND DISPUTE SETTLEMENT
Any dispute regarding the interpretation or application
of this Agreement shall be settled by negotiation between the
Contracting Parties and shall not be referred to a Third Party
for settlement.
ARTICLE 15
FINAL PROVISIONS
1. This Agreement is concluded for an indefinite period of
time. It is subject to approval in accordance with the national
legal procedures of the Contracting Parties and shall enter into
force on the first day following the receipt of the last notification
that the necessary requirements for this Agreement to enter
into force have been met.
2. This Agreement may be amended at any time by written
consent of both Contracting Parties. Such amendments shall enter
into force in accordance with the first paragraph of this Article.
3. Each Contracting Party shall have the right to terminate
this Agreement in writing at any time. In such case the validity
of the Agreement shall expire six (6) months following the day
on which the termination notice was received by the other
Contracting Party.
4. In the event of termination of the Agreement, all Classified
Information released under this Agreement shall be returned
to the other Contracting Party without delay.
5. Notwithstanding the termination of this Agreement, all
Classified Information released under this Agreement shall
continue to be protected in accordance with the provisions
stated in this Agreement until the Originating Party dispenses
the Recipient Party from this obligation.
6. This Agreement does not prejudice the rights and
obligations of the Contracting Parties arising from other international
agreements.
7. Implementing arrangements may be concluded for the
implementation of this Agreement.
Done in Ljubljana on 4 June 2008 in two originals in the
Slovenian, Ukrainian and English languages, each text being
equally authentic. In case of different interpretation, the English
text shall prevail.
In witness whereof the undersigned, being duly authorised
thereto, have signed this Agreement.
On behalf
of the Republic
Milan Tarman (s)
On behalf
of Slovenia of Ukraine
Valentin Nalivajčenko