Security Arrangement between the Government of the Republic of Lithuania and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning the Mutual Protection of Classified Information


Published: 2006-01-08

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SECURITY ARRANGEMENT
BETWEEN
THE GOVERNMENT
OF THE REPUBLIC OF LITHUANIA
AND
THE GOVERNMENT
OF THE UNITED KINGDOM
OF GREAT BRITAIN AND NORTHERN IRELAND
CONCERNING
THE MUTUAL PROTECTION OF CLASSIFIED
INFORMATION
 
The Government of the Republic of Lithuania and the Government of the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as the “Participants”).
 
Aiming to strengthen co-operation between them in the field of national security;
 
Realising that this co-operation may require the exchange of classified information generated by or for the Ministry of National Defence of the Republic of Lithuania or the Ministry of Defence of the United Kingdom of Great Britain and Northern Ireland, or of classified information under their jurisdiction or control, and which requires protection in the interests of national security of the Participants;
 
Wishing to ensure the protection of such classified information;
 
Have decided as follows:
 
Section 1
General Provisions
 
1. The following terms are defined in the interests of clarity:
 
a) “classified information” means any information which is considered an official or State secret that requires protection against loss, unauthorised disclosure or compromise and has so been designated by a security classification;
 
b) “classified material” includes any item of machinery or equipment or weapons, either manufactured or in the process of manufacture, or document containing classified information;
 
c) “classified document” means classified information contained in any written form;
 
d) “contractor” means an individual or legal entity possessing the legal capacity to undertake classified contracts;
 
e) “classified contract” means a contract that contains or involves classified information;
 
f) “designated security authority (DSA)” means the authority responsible for the implementation of this Arrangement on behalf of each Participant. The DSA in each Participant is:
 
For the Republic of Lithuania
Ministry of National Defence
 
For the United Kingdom
Director of Defence Security, Ministry of Defence
 
The above mentioned Authorities will exchange details about the implementation aspects of this Arrangement including the details of any subordinate bodies responsible for specific administrative aspects.
 
 
g) “originating Participant” means the Participant initiating the classified information as represented by the DSA;
 
h) “recipient Participant” means the Participant to which the classified information is transmitted as represented by the DSA.
 
i) “third party” means a State, international organisation or any other entity which is not a Participant to this Arrangement, an individual who is not a citizen of the country of either of the Participants or an individual who holds the dual citizenship of a  third State.
 
2. The security classifications used by the Participants are:
 
In the Republic of Lithuania                   In the United Kingdom           
 
RIBOTO NAUDOJIMO                             UK RESTRICTED                  
KONFIDENCIALIAI                                 UK CONFIDENTIAL 
SLAPTAI                                                   UK SECRET                           
VISIŠKAI SLAPTAI                                  UK TOP SECRET                               
The Participants’ security classifications detailed above are to be considered as equivalent.
 
3. All classified information transmitted between the Participants before this Arrangement came into effect is to be protected in compliance with its provisions.
 
 
Section 2
Supplementary or Separate Arrangements
 
1.    Supplementary or separate Arrangements between the DSAs may be concluded if required.
 
2.   In the event that classified information at Lithuanian Visiškai Slaptai or the UK TOP SECRET level is to be exchanged between the DSAs, a specific supplementary Arrangement will be concluded.
 
3. The exchange of classified information relating to Weapons of Mass Destruction (WMD) or intelligence will need to be the subject of separate arrangements.
 
Section 3
National Responsibilities
 
1. The Participants will, in accordance with their national laws and regulations, take all necessary steps to ensure the protection of classified information which is transferred pursuant to this Arrangement or to which a contractor gains access under a classified contract. Each Participant will promptly notify the other of any changes to its national laws and regulations that would affect the protection of any classified information received under this Arrangement.
 
2. Access to classified information at Lithuanian Konfidencialiai and Slaptai and the UK Confidential/UK Secret levels will be granted only to individuals who have been appropriately security cleared and who are authorised by national laws and regulations to have access to classified information. However, no individual is entitled solely by virtue of rank or appointment or security clearance to have access to classified information. Access to it will be granted only to those individuals who have a need to know and who require access in order to perform their duties.
 
3. Access to classified information at Lithuanian Riboto Naudojimo and the UK Restricted levels does not require a personal security clearance.
 
 
Section 4
Protection and Disclosure
 
1. The originating Participant will ensure that the classification of information released to the recipient Participant is clearly marked and that the recipient Participant is informed of any conditions of release or limitations on its use, and of any subsequent change in classification.
 
2. The recipient Participant will not pass or disclose any classified information supplied under the provisions of this Arrangement to a third party without the prior written permission of the originating Participant.
 
3.  The recipient Participant will take all steps legally available to it to keep classified information transmitted to it by the originating Participant free from disclosure under any legislative provision or other rule of law, unless the originating Participant consents to such disclosure. If there is any request to declassify or disclose any classified information transmitted under the provisions of this Arrangement, the recipient Participant will immediately notify the originating Participant and both Participants will consult each other before any decision is taken.
 
4. The recipient Participant will protect classified information in accordance with the national laws and regulations applicable to national classified information of an equivalent classification originated by the recipient Participant. However, exceptionally either Participant may ask the other to afford protection at a higher level but not at a lower level than the classification indicated.
 
5. The recipient Participant will not use the classified information for other than the purpose for which it was provided.
 
6. The recipient Participant will respect intellectual property rights, such as patents, copyrights or trade secrets, which are involved in the classified information.
 
7. The recipient Participant will ensure that classified information received from the originating Participant is marked with its own equivalent classification as detailed above and ensure that the classifications are not altered except as authorised in writing by or on behalf of the originating Participant.
 
 
Section 5
Classified Contracts
 
1. Prior to a classified contract that will involve access to classified information at Lithuanian KonfidencialiaI/Slaptai or the UK Confidential/UK Secret levels being placed with a contractor located in the country of the other Participant, a security assurance from the DSA of that Participant must be obtained to confirm that the proposed contractor has a facility security clearance corresponding to at least the classification to be accessed. The assurance will carry a responsibility that the cleared contractor has implemented appropriate national security measures to ensure the protection of classified information.
 
2. The Participant placing a classified contract or a contractor placing a classified sub-contract will ensure that contractors in the country of the other Participant that receive contracts are aware of and apply the following provisions:
 
a)            The definition of the term “classified information” and of the equivalent levels of security classification of the two Participants in accordance with the provisions of this Arrangement.
 
b)           The names of the DSAs of the Participants empowered to authorise the release and to co-ordinate the safeguarding of classified information.
 
c)            The channels to be used for the transfer of the classified information between the Participants and/or contractors involved.
 
d)           The procedures and mechanisms for communicating the changes that may arise in respect of classified information either because of changes in its security classification or because protection is no longer necessary.
 
e)            The procedures for the approval of visits, access or inspection by personnel of one country to facilities of the other country which are covered by the classified contract.
 
f)            An obligation that the contractor will disclose the classified information only to a person who has previously been security cleared for access, who needs to know, and is employed on, or engaged in, the carrying out of the classified contract.
 
g)            An obligation that the contractor will not disclose the classified information or permit it to be disclosed to any person not expressly cleared by his DSA to have such access.
 
h)           An obligation that the contractor will immediately notify his DSA of any actual or suspected loss, unauthorised disclosure or compromise of the classified information in this classified contract.
 
3. The originating Participant will pass two copies of the classified contract or the relevant parts of the classified contract to the recipient Participant, to allow adequate monitoring of the protection of classified information.
 
4. Each classified contract will contain notification of the security requirements and of the classification of each aspect/element of the classified contract. In the Republic of Lithuania this notification will be set out in Security Classification Guidance. In the United Kingdom the notification will be contained in specific security clauses and in a Security Aspects Letter. The notification must identify each classified aspect of the contract, or any classified aspect which is to be generated by the classified contract, and allocate to it a specific security classification. Changes in the requirements or to the aspects/elements will be notified as and when necessary and the originating Participant will notify the recipient Participant when any of the information has been declassified.
 
Section 6
Transmission
 
1. Classified information at Lithuanian KonfidencialiaI/Slaptai and the UK Confidential/UK Secret levels is to be transmitted from the originating Participant to the recipient Participant in accordance with the national security regulations of the originating Participant. The normal method will be through diplomatic channels. However, alternative transmission arrangements may be used if approved in advance by the DSAs of both Participants.
 
2. If the transfer of a large quantity of classified information is required, the DSAs will mutually decide on and approve the means of transportation, the route and security escort for each such case.
 
3. Electronic transmission of classified information will be carried out entirely in encrypted form using cryptographic means and devices mutually accepted by the Participants’ DSAs.
 
4. Classified information at Riboto Naudojimo / the UK Restricted level will be transmitted in accordance with the national security laws or regulations of the Originating Participant.
 
Section 7
Visits
 
1. Prior to a one-time, recurring or long-term (attachment) visit involving access to classified information, an authorisation for the visit must be obtained in accordance with the national regulations of the DSA of the Participant being visited.
 
2. An application for visit will be sent to the DSA of the Participant of the entity to be visited at least 15 working days in advance. In exceptional circumstances, for example emergency visits, this notice period may be shortened with the prior mutual consent of  both DSAs.
 
3. A visitor’s request will include the following information:
 
a)   visitor’s full name, date and place of birth, nationality and passport number/identity card number;
 
b)   visitor’s service identification and the name of the authority or entity represented;
 
c)   certification indicating the level of security clearance of the visitor;
 
d)   purpose of the visit and the date of arrival and departure. In the case of recurring visits the total period covered by the visits should be stated;
 
e)   details of the establishment, company or organisation to be visited.
 
4. All visitors must comply with security requirements established by the Participant hosting the visit.
 
5. Any information which may be provided to or come to the notice of visiting personnel will be treated by them as if such information had been furnished pursuant to the provisions of this Arrangement.
 
Section 8
Breach and Compromise
 
1. If a violation of national security laws or regulations concerning the protection of classified information, has resulted or may result in the loss, unauthorised disclosure, or compromise of such information received from the other Participant, is presumed, the originating Participant will be informed immediately.
 
2. Violations of national security laws or regulations dealing with the protection of classified information will be resolved by the receiving Participant (with assistance from the originating Participant if required) in accordance with its national legal regulations. The outcome of the investigation and measures adopted to prevent a recurrence will be reported to the originating Participant as soon as practicable.
 
 
Section 9
Expenses
 
Each Participant will bear its own costs incurred in connection with the implementation of this Arrangement and will not seek reimbursement from the other Participant.
 
 
Section 10
Dispute Settlement and Amendments
 
1. Any dispute regarding the interpretation or implementation of this Arrangement will be resolved by negotiations between the Participants and will not be referred to a third party for resolution.
 
2. Amendments to this Arrangement may be made by mutual written consent of the Participants.
 
 
Section 11
Final Provisions
 
This Arrangement will come into effect on the date of the receipt of the later notification that the Participants have completed the necessary internal procedures and will continue in effect unless terminated either by mutual consent or by one Participant giving six months notice in writing to the other. In the event of termination all classified information communicated pursuant to it will continue to be handled in accordance with the provisions detailed in this Arrangement.
 
Signed in duplicate at Vilnius in the Lithuanian and English languages, both texts having equal validity.
 
 
………………………………………..…          …………………………………………..
 
1 August, 2006                                                                                                1 August, 2006
 
Mr. Valdemaras Sarapinas The State Secretary of the Ministry of National Defence     For the Government of the Republic of Lithuania
H.E. Colin Roberts HM Ambassador       For the Government of the United Kingdom of Great Britain and Northern Ireland