Zakon o ratifikaciji Sporazuma med Vlado Republike Slovenije in Vlado Republike Estonije o izmenjavi in medsebojnem varovanju tajnih podatkov (BEEVTP)

The Government of the Republic of Slovenia and the Government of the Republic of Estonia, hereinafter referred to as the Parties,

wishing to ensure the protection of Classified Information exchanged between them or between public or private entities under their jurisdiction, in mutual respect for national interests and security,

have agreed upon the following:

For the purposes of this Agreement these terms mean the following:

a) Classified Information: any information regardless of its form, which is generated by or transmitted between the Parties and under the national laws and regulations of either Party requires protection against unauthorised disclosure, misappropriation or loss and is designated as such and marked appropriately;

b) Classified Contract: a contract or sub-contract, which contains Classified Information or involves access to it;

c) Originating Party: the Party, including any public or private entity under its jurisdiction, which releases Classified Information to the Recipient Party;

d) Recipient Party: the Party, including any public or private entity under its jurisdiction, which receives Classified Information from the Originating Party;

e) Third Party: a state, including any public or private entity under its jurisdiction, or an international organisation that is not a Party to this Agreement;

f) National Security Authority: the state authority responsible for the implementation and supervision of this Agreement;

g) Competent Authority: any other state authority than the National Security Authority, which, under national laws and regulations, is responsible for the implementation of this Agreement;

h) Need-to-know: the necessity to have access to specific Classified Information in connection with official duties and for the performance of a specific task;

i) Personnel Security Clearance: the determination by the National Security Authority or a Competent Authority, that an individual is eligible to have access to Classified Information, in accordance with the national laws and regulations;

j) Facility Security Clearance: the determination by a Competent Authority that confirms that the legal entity or an individual has the physical and organisational capability to meet the prescribed conditions for safe treatment of Classified Information.

The purpose of this Agreement is to govern the protection and exchange of Classified Information provided by one Party to the other Party or which is mutually produced, mainly for purpose of foreign affairs, defence, security and police matters, as well as industrial or technological matters within the scope of this Agreement, or transmitted within the context of implementation or preparation of Classified Contracts.

1. The National Security Authorities of the Parties are the following:

In the Republic of Slovenia:

Urad Vlade Republike Slovenije za varovanje tajnih podatkov (Government Office for the Protection of Classified Information)

In the Republic of Estonia:

Eesti Vabariigi Kaitseministeeriumi riigi julgeoleku volitatud esindaja osakond (Ministry of Defence of the Republic of Estonia, National Security Authority Department)

2. The National Security Authorities shall notify each other of any other Competent Authority that is responsible for the implementation of this Agreement.

3. The Parties shall inform each other of any subsequent changes of the National Security Authorities.

1. The Parties shall, in accordance with their national laws and regulations, afford at least the same level of protection to the received Classified Information as afforded to its own Classified Information of an equivalent security classification level.

2. The equivalence of national security classification levels is as follows:

3. The Originating Party shall:

a) ensure that Classified Information is marked with the national security classification level marking in accordance with its national laws and regulations;

b) inform the Recipient Party

- of any conditions of release or limitations on its use;

- of any subsequent changes in the security classification level of the released Classified Information.

4. The Recipient Party shall:

a) ensure that received Classified Information is marked with an equivalent national security classification level marking in accordance with the provisions of paragraph 2 of this Article;

b) ensure that the security classification level of the received Classified Information is not altered or revoked except if authorised in writing by the Originating Party.

1. Access to information classified as INTERNO/PIIRATUD shall be limited to persons who have a Need-to-know and who have been briefed accordingly.

2. Access to information classified as ZAUPNO/ KONFIDENTSIAALNE and above, shall be limited to persons who have a Need-to-know and who, in accordance with national laws and regulations, have been issued a Personnel Security Clearance.

3. Access to Classified Information may be granted by virtue of office in accordance with national laws and regulations.

4. The Parties shall mutually recognise their Personnel Security Clearances. The provisions of paragraph 2 of Article 4 shall apply accordingly.

5. On request, the National Security Authority of the Recipient Party shall issue a written assurance that an individual has a right to access Classified Information as stipulated in this Article.

1. The Recipient Party shall use the Classified Information only for the purpose it has been released for and within limitations stated by the Originating Party.

2. The Recipient Party shall not release Classified Information to a Third Party without the prior written consent of the Originating Party.

1. Classified Information shall be transmitted between the Parties through diplomatic channels in accordance with the national laws and regulations of the Originating Party.

2. The National Security Authorities may, by mutual consent and in respect with national laws and regulations, agree that Classified Information may be transmitted through other channels.

1. All reproductions and translations shall bear appropriate markings referring to the Originating Party and a marking designating the equivalent national security classification level. The translations and number of reproductions shall be limited to the amount required for an official purpose.

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. Information classified as TAJNO/SALAJANE or above shall be translated or reproduced only upon the written permission of the Originating Party.

4. Information classified as TAJNO/SALAJANE or above shall not be destroyed and shall be returned to the Originating Party.

5. In case of a crisis situation, which makes it impossible to protect and return Classified Information released according to this Agreement, the Classified Information shall be destroyed immediately. The Recipient Party shall notify the National Security Authority of the Originating Party of the destruction of the Classified Information as soon as possible.

1. Visits between the Parties entailing access to Classified Information shall be subject to prior written permission issued by the respective National Security Authority if required by national laws and regulations of the Parties.

2. A request for a visit shall be submitted to the National Security Authority of the host Party at least 10 working days prior to the commencement of the visit, and shall include the following:

a) name of the visitor, date and place of birth, citizenship and identity card/passport number;

b) position of the visitor together with a specification of the entity which the visitor represents; or the title and details of the Classified Contract in which the visitor participates;

c) validity and the level of Personnel Security Clearance of the visitor;

d) name, address, phone/fax number, e-mail and point of contact of the entity to be visited;

e) purpose of the visit, including the highest level of Classified Information to be involved;

f) dates and duration of the visit. In the 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 National Security Authority.

3. In urgent cases the National Security Authorities may agree upon a shorter period for submitting the visit request.

4. For a particular project or Classified Contract, National Security Authorities 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 provisions of paragraph 2 of this Article. Once a list has been approved, visits may be arranged directly between the entities involved.

5. Any Classified Information provided to a visitor shall be considered to be Classified Information released under this Agreement.

1. The Party desiring to conclude, or authorising one of its contractors to conclude, a Classified Contract with a contractor of the other Party shall, upon request, obtain prior written assurance from the National Security Authority of the other Party that the proposed contractor holds a valid Facility Security Clearance.

2. The Parties shall mutually recognise their Facility Security Clearances. The provisions of paragraph 2 of Article 4 shall apply accordingly.

3. Each National Security Authority may request that a security inspection is carried out at a facility to ensure continuing compliance with security standards according to national laws and regulations.

4. A Classified Contract shall contain provisions on the security requirements and on the classification level of information to be released to the Receiving Party under the Classified Contract. These requirements shall also apply to pre-contractual negotiations.

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 national security standards, procedures and practices for the protection of Classified Information. To this aim, the National Security Authorities may conduct mutual visits.

2. The National Security Authorities shall inform each other of current security risks that may endanger the released Classified Information.

3. On request, the National Security Authorities shall, within the limits set up by their national legislation, assist each other in carrying out security clearance procedures for persons who have stayed or who are still in the territory of the other Party.