Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering the articles 52 to 55 of the Constitution ;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 97-750 of 2 July 1997 publication of the Treaty of Understanding, Friendship and Cooperation between the French Republic and the Republic of Latvia, signed in Paris on 2 March 1993,
Decrete:
The agreement between the Government of the French Republic and the Government of the Republic of Latvia concerning the mutual protection of classified information (a consolidated annex), signed in Riga on 31 March 2008, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
A N N E X E
AGREEMENT BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE GOVERNMENT OF THE LETTONIA REPUBLIC CONCERNING THE MUTUAL PROTECTION OF CLASSIVE INFORMATION (ENSEMBLE ANNEX)
The Government of the French Republic
and the Government of the Republic of Latvia,
The following is called "Parties",
Referring to the Treaty of Agreement, Friendship and Cooperation between the French Republic and the Republic of Latvia, signed in Paris on 2 March 1993,
Wishing to ensure the protection of classified information exchanged or produced between the two Parties or between public or private bodies subject to their respective national laws and regulations,
The following provisions were agreed:
Article 1
Definitions
For the purposes of this Agreement:
1. "Classified Information": Information, documents and materials, whatever their form, nature or mode of transmission, developed or under development, to which a degree of classification or protection has been assigned and which, in the interest of national security and in accordance with the national laws and regulations of the Parties, require protection against any violation, destruction, diversion, disclosure, loss or access by non-self-properized persons, or against any other type of infringement.
2. "Classified Contract": Contract or subcontract, whose development and execution require access to classified information or the use and production of classified information.
3. "Contractor": Any natural or legal person with the legal capacity to negotiate and enter into classified contracts.
4. "National Security Authority" (hereinafter referred to as "NSA"): National Authority responsible, on behalf of each Party, for the general supervision and implementation of this Agreement.
5. "Competent Security Authorities" (hereinafter referred to as "SCA"): Any Designated Security Authority or other competent entity authorized in accordance with the national laws and regulations of each Party and which is responsible for the implementation of this Agreement in the areas concerned.
6. "Emitting Party": Party, including any natural or legal person subject to its national laws and regulations, who issues or provides classified information to the recipient Party.
7. "Recipient Party": Party, including any natural or legal person subject to its national laws and regulations, to which the Classified Information is transmitted by the issuing Party.
8. Host Party: Party on the territory of which a visit is made.
9. " Personnel Security Enabling": Decision of the NOA or a CSA that an individual is empowered to have access to classified information and to manipulate such information within the limits defined by the Enabling.
10. "Enhancement security clearance": Decision of the NSA or a CSA that, from a security perspective, a facility presents the physical and organizational capacity required to receive classified information in accordance with national laws and regulations.
11. "Need to know about it": Access to classified information can only be granted to an individual as part of the exercise of a specified official function and for the execution of a specific task.
Article 2
Scope
This Agreement constitutes the common security regulation applicable to any exchange of classified information between Parties or between natural or legal persons subject to their national laws and regulations.
Article 3
National Security Authorities
1. The National Security Authority of each Party is as follows:
For the French Republic:
General Secretariat of National Defence (SGDN), 51, boulevard de la Tour-Maubourg, 75700 Paris 07 SP, FRANCE.
For the Republic of Latvia:
Nacionālā drosibas iestāde Latvijas Republikas Satversmes aizsardzibas birojs Miera iela 85 A, LV-1013 Riga, LATVIJA.
2. Parties shall be kept informed by diplomatic means of any significant change affecting their NSOs and their CSAs.
Article 4
Security principles
1. In accordance with their respective national laws and regulations, the Parties shall take the necessary measures to protect the Classified Information transmitted, received or produced under the terms of this Agreement and shall assign to it a level of protection equivalent to that accorded to their own Classified National Information, as defined in Article 5, paragraph 1.
2. The recipient Party shall apply to classified information received its own national security classification, in accordance with the equivalences defined in Article 5, paragraph 1.
3. Access to classified information and to places where classified information is stored is strictly limited to nationals of the Parties to whom an appropriate security clearance has been issued and whose function makes it necessary to access such information in accordance with the principle of the need to know it.
4. The receiving Party shall not declassify or declassify any classified information received without the prior written consent of the issuing Party.
5. Parties shall be kept informed immediately of any changes affecting the protection of classified information exchanged or produced under this Agreement.
6. The Classified Information transmitted shall not be used for purposes other than those for which it is transmitted except in the event of prior written authorization from the issuing Party.
7. Parties shall ensure compliance with all requirements arising from their national laws and regulations in terms of security of agencies, offices and facilities under their jurisdiction, including through inspection and monitoring visits.
Article 5
Safety classifications and equivalences
1. Parties recognize the equivalence of the following safety classification levels:
| TRÈS SECRET DÉFENSE | SEVISKI SLEPENI |
| SECRET DEFENSE | SLEPENI |
| CONFIDENTIED | KONFIDENCIALI |
| (see paragraphs 2 and 3 Article 5) | DIENESTA VAJADZIBAM |
Article 6
Security permits
1. Parties shall ensure that their nationals who have access, on the basis of the need to know, to the classified information "CONFIDENTIEL DEFENSE"/"KONFIDENCIALI" or to a higher level, exchanged or produced under this Agreement, are duly authorized, in accordance with national laws and regulations, before they are granted access to such information.
2. Upon request, the NOA of each Party, in accordance with its national laws and regulations, shall assist the NOA of the other Party in the control procedures to which nationals living on, or facilities located on, the territory of that Party, before the issuance of a security clearance of personnel or an establishment security clearance.
3. Each Party shall recognize personnel security clearances and security clearances issued in accordance with the national laws and regulations of the other Party, based on the equivalences defined in Article 5 of this Agreement.
4. If the ANC or ASC of one of the Parties considers that a company registered in its national territory is held or controlled by a third State whose objectives are incompatible with its interests, the said undertaking shall not be held. issuance of settlement security clearance. The appropriate NO or CSA of the Party at the origin of the establishment security clearance application shall be notified immediately.
5. The appropriate NSAs or SSAs are mutually reinforcing with any changes affecting personnel security clearances and facility security clearances issued, including in the event of the revocation or decommissioning of such Enablings.
Article 7
Use of classified information
1. The receiving Party shall not disclose the Classified Information exchanged or produced under this Agreement to any third State, international organization, entity or citizen of a third State, without the prior written consent of the appropriate NO or CSA of the issuing Party.
2. The classified information produced jointly by the Parties in the framework of agreements, contracts or other joint activities shall not be declassified, declassified or transmitted by a Party to a third State, to a natural or legal person having the nationality of a third State, or to an international organization, without the prior written consent of the other Party.
3. Before transmitting classified information received from the issuing Party to a potential Contractor, the appropriate NOA or CSAs of the receiving Party shall ensure that the Contractor has security systems as well as the required authorizations, and shall submit its facilities to regular security inspections. The appropriate NO or CSA of the recipient Party shall also ensure that any person who has access to the Classified Information has been informed of his or her responsibilities arising from the application of national laws and regulations, as well as any special security conditions.
Article 8
Translation, reproduction and destruction
1. The recipient Party shall ensure the marking of reproductions and translations produced identically to the originals and shall ensure the same protection.
2. The classified information "TRES SECRET DEFENSE"/" SEVISKI SLEPENI" is not reproduced. Other originals may be issued upon written request from the issuing Party. The translation of this level of information may be authorized in writing by the issuing Party.
3. The classified information "TRES SECRET DEFENSE"/" SEVISKI SLEPENI" is not destroyed unless their destruction is expressly authorized by the issuing Party. These Information shall be returned to the issuing Party in accordance with Article 9, paragraph 1 or 2, as long as it is no longer necessary or upon expiry of its validity.
4. The translation and reproduction of classified information "SCRET DEFENSE"/"SLEPENI" shall be permitted only with the written consent of the appropriate NO or CSA of the issuing Party.
5. The classified information is destroyed in such a way as to prevent any total or partial re-enactment, as long as it is no longer necessary, or upon expiry of its validity.
6. A report of destruction is prepared for classified information "SCRET DEFENSE"/"SLEPENI" and higher level and provided to the issuing Party upon request.
Article 9
Transmission of classified information between Parties
1. The classified information is normally transmitted through diplomatic channels.
2. If the use of diplomatic channels is impractical or excessively delays the receipt of classified information, other modes of transmission may also be used subject to the approval of the appropriate NSAs or CSAs, depending on the level of classification of the information concerned and on a case-by-case basis.
3. The holder of classified information shall have a security clearance of personnel at least equivalent to that of the classified information to be transmitted and shall be issued a mail certificate by the appropriate NO or CSA of the Party concerned.
4. The classified information to be transmitted shall be duly registered, conditioned and sealed in accordance with the national laws and regulations of the issuing Party.
5. The recipient Party shall immediately acknowledge receipt of the Information classified in writing.
6. The transmission of a large amount of classified information is organized on a case-by-case basis between the appropriate NSOs or CSAs of the Parties.
7. The electronic transmission of classified information is carried out only in encrypted form, using mutually accepted cryptographic methods and devices between the relevant NSOs or CSAs of the Parties.
Article 10
Classified contracts
1. Prior to any exchange of classified information, the appropriate NOA or CSAs of the issuing Party shall notify any contract classified to the appropriate NO or CSA of the receiving Party. The notification shall specify the highest classification level associated with the Information concerned by the Contract.
2. A Party intending to conclude or authorize one of its Contractors to enter into a contract classified with a Contractor of the other Party shall ensure to the appropriate SNA or CSA of the other Party that the Contracting Party holds the appropriate level of authorization required for the performance of that Agreement. If not, the appropriate NOA or CSA of the recipient Party shall commence an enabling procedure at the required level and inform the issuing Party of the results.
3. All classified Agreements contain safety instructions, as well as a classification guide specifying the information that the recipient Party must protect. Such security instructions or annexes are consistent with those issued by the appropriate NSAs or CSAs of the issuing Party and a copy of these documents is transmitted to the appropriate NSAs or CSAs of the receiving Party. Only the issuing Party is entitled to change the classification level of the Information defined in such documents.
4. The appropriate NO or SSAs of the Party in the territory of which the Classified Agreement is executed shall ensure the application and compliance of a level of security equivalent to that deemed necessary for the protection of their own Classified Agreements.
5. Before entering into a contract classified with a subcontractor, the Contractor receives an authorization from its appropriate YEAR or SSA. The subcontractor meets the same security requirements as those applicable to the Contractor.
Article 11
Visits
1. Visits by representatives of one of the Parties to the facilities of the other Party in which classified information is handled or stored, or in which classified activities are carried out, shall be subject to the prior written authorization of the appropriate NO or CSA of the host Party.
2. Visits to the facilities of one of the Parties by citizens of a third State involving access to classified information exchanged or produced between the Parties, or to sites permitting direct access to such Information, are subject to the prior written authorization of the appropriate NSA or CSA of that Party.
3. The visits referred to in paragraphs 1 and 2 of this Article require that all visitors have an adequate security clearance of the staff and justify the need to know them.
4. When access to classified information at the level "RES SECRET DEFENSE"/" SEVIŠKI SLEPENI" is required, requests for visits reach the host Party's NO. When access to classified information at the lower level is required, requests for visits are processed directly between the appropriate NSOs or CSAs of the Parties. Requests are sent at least three (3) weeks before the scheduled date for the visit. Requests for visits contain the information listed in the Annex to this Agreement.
5. Each Party may request a visit authorization for a maximum period of twelve (12) months. In the event that a particular visit cannot be carried out prior to the period specified in the permit to visit, or if an extension of the period specified in the permit to visit is necessary, the Party at the origin of the request may request a new permit to visit, provided that the request is made at least three (3) weeks before the expiry date of the current authorization.
6. All visitors respect the host Party's security rules and instructions.
Article 12
Multiple visits
1. Parties may establish a list of authorized staff members to undertake multiple visits as part of any specific project, program or contract, in accordance with the terms and conditions approved by the appropriate NSA or CSAs of the Parties. The lists are then valid for a period of twelve (12) months and, by agreement between the appropriate NSOs or SSCs of the Parties, the said validity period may be extended by other periods whose total duration does not exceed twelve (12) months.
2. The lists referred to in paragraph 1 of this Article shall be established in accordance with the national laws and regulations of the host Party. Once the lists have been approved and the information mentioned in the Annex to this Agreement transmitted, the modalities of any specific visit may be defined directly by the establishments that the persons on the lists are about to visit.
Article 13
Security breach
1. In the event of a breach of the security rules inducing the certain or suspected compromise of classified, issued or received by the other Party, the appropriate NOA or CSAs on the territory of which/where the compromise takes place shall forthwith inform the appropriate NOA or CSAs of the other Party in writing. The compromise information is sufficiently detailed to allow the issuing Party to fully assess its consequences. The Party discovering compromise conducts an investigation in accordance with its national laws and regulations, with the assistance of the other Party as necessary.
2. The Party conducting the investigation shall promptly inform the appropriate NO or CSA of the other Party of the results of the investigation, the measures adopted and the corrective actions taken.
Article 14
Fees
1. The execution of this Agreement in principle does not generate any specific costs.
2. Any costs incurred by a Party arising from the application of this Agreement shall be borne by that Party only within the limits of its budgetary availability.
Article 15
Settlement of disputes
Any dispute arising from the interpretation or implementation of this Agreement shall be resolved exclusively through consultations between the Parties, without reference to any third party or international tribunal.
Article 16
Final provisions
1. This Agreement shall be concluded for an indefinite period. Each Party shall notify the other, through diplomatic channels, of the fulfilment of the internal procedures required for the entry into force of this Agreement, which shall take effect on the date of the last notification.
2. Each Party may denounce this Agreement with a notice of six (6) months by diplomatic means. In the event of denunciation, all classified information exchanged or produced under this Agreement shall continue to be protected in accordance with the provisions set out herein, until the issuing Party in writing exempts the recipient Party from that obligation.
3. Each Party shall promptly notify the other Party of any amendment to its national laws and regulations that may affect the protection of the Information classified under this Agreement. In this case, Parties shall hold consultations to consider possible amendments to this Agreement. In the meantime, classified Information continues to be protected in accordance with the above principles, unless otherwise requested by the issuing Party.
4. This Agreement may be amended by mutual written consent of both Parties. These amendments come into force in accordance with paragraph 1 of this Article.
IN WITNESS WHEREOF, the representatives of the two Parties, duly authorized to do so, have signed and affixed their seals there.
Done in Riga on 31 March 2008, in duplicate, in French and Latvian languages, both texts being equally authentic.
For the Government
of the French Republic:
Secretary of State
Foreign Affairs Officer
Jean-Pierre Jouyet
For the Government
of the Republic of Latvia:
Minister
Foreign Affairs,
Maris Rickstins
A N N E X E
The requests for visits referred to in Articles 11 and 12 of this Agreement contain the following information:
(a) Name and surname of the visitor, date and place of birth, nationality and passport number or national identity card;
(b) The function and position of the visitor, name of the institution or organization that employs the visitor;
(c) Level of security clearance of personnel associated with the visitor, authenticated by a security certificate provided by the competent authority of the Party at the origin of the application;
(d) Date and duration of the visit;
(e) Purpose of the visit, together with the necessary indications specifying the subjects to be treated that involve classified information, classification level(s) of these Information;
(f) Names of establishments, facilities and sites to be visited;
(g) Names and names of persons responsible for hosting the visitor;
(h) Date, signature and official stamp of the competent authority of the Party at the origin of the application.
Done in Paris, February 19, 2009.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
