Law No. 175 Of 4 November 1997

Original Language Title:  LEGE nr. 175 din 4 noiembrie 1997

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Law No. 175 of 4 November 1997 on the ratification of the memorandum of understanding between the Government of Romania and the Government of the Hellenic Republic on cooperation in the fields of armaments and technology destined for defence, signed in Bucharest on 27 March 1997 PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 309 of 13 November 1997, the Romanian Parliament adopts this law.


The sole article Shall ratify the memorandum of understanding between the Government of Romania and the Government of the Hellenic Republic on cooperation in the fields of armaments and technology destined for defence, signed in Bucharest on 27 March 1997.
This law was adopted by the Senate at its meeting on 4 September 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. SENATE PRESIDENT OLIVIU GHERMAN this law was adopted by the Chamber of deputies at its meeting on 6 October 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT ANDREW JOHN CHILIMAN MEMORANDUM of UNDERSTANDING between the Government of Romania and the Government of the Hellenic Republic on cooperation in the fields of armaments and technology intended for defence of Romania and the Government of the Hellenic Republic, hereinafter referred to as the parties, in the spirit of the Treaty of friendship, cooperation and good neighbourly relations between Romania and the Republic, signed at Bucharest on 28 November 1991, stressing the importance of developing scientific and technical cooperation in the field of defence work efficiently, according to the principles of cooperation and mutual benefit, have agreed as follows: Article 1 Purpose the purposes of this memorandum of understanding are: 1.1. the setting possibilities for the development of joint programmes of development and production in the industrial and technological sectors relating to defence;
1.2. use of the technical and scientific resources, of both parties, in the development and production of defense material, intended, firstly, to satisfy the needs of the armies of both sides and eventually export to other countries, in which case it will agree to another agreement between the parties;
1.3. the provision of technical assistance and to facilitate the sharing of information technical cooperation of both sides in defense industry;
1.4. supporting provision of materials on mutual defense through direct agreements between firms from the two countries, provided that each product that will be purchased, subject to the provisions of this memorandum of understanding;
1.5 encourage and promote agreements between businesses and their subsidiaries from the two countries, in order to further the development of joint production of Defense materials.


Article 2 areas of cooperation economic cooperation Term military and technical-scientific and technology in the fields of arms destined for defence, for the purposes of this memorandum of understanding shall include mainly the following: 2.1. the exchange of information between the departments and organizations concerned of the two Governments concerning technical and technological achievements in the fields of armaments and technology intended for defence;
1.4. identification of possible areas of cooperation between the authorities and organizations of both parties, aimed at encouraging the promotion and implementation of joint programmes of research, development and production of armaments and equipment destined for defence, including the prospect of meeting the demands of third countries;
2.3. getting by one side from the other side of armaments and defence equipment intended for transfer of know-how and advanced technology, training of personnel in the operation and maintenance of arms and equipment intended for defence;
2.4. the sale, by mutual agreement, armaments and equipment destined for defence, conducted within the framework of joint research, development and production to third countries;
2.5. co-operation between enterprises with production and repair of equipment.


Article 3 establishment of the Technical Committee For the fulfilment of the terms of this memorandum of understanding, the parties will establish a technical Committee consisting of not more than seven members for each party, under copresedintia the Secretary of State and Chief of the army's Logistics Department and inzestrarii of the Ministry of national defence of Romania and of the Director-general for armaments Ministry of national defence of the Hellenic Republic.
If and when necessary, the Technical Committee will also include other experts.


Article 4 obligations of the Technical Committee on Technical Committee will meet once a year and the meeting will take place alternately in both countries.
Obligations of the Technical Committee are as follows: 4.1. establishment and scope of possible cooperation and determination of related procedures;
4.2. the examination and selection of projects which can be solved jointly and to define procedures relating thereto;
4.3. submission of agreements relating to joint projects for approval, approved by the competent authorities;
4.4. identify the suitable programs for corporations common development in each country and establish, for each case, of the main directions to be followed in order to ensure success for each project;
4.5. facilitation of direct links between companies, government institutions and other organizations of both parties;
4.6. presentation of proposals and recommendations to the national authorities of both sides regarding the participation of other countries in common projects.


Article 5 obligations of parties concerning military information security All security arrangements in connection with access to the material State secrets or intelligence services and any other matter relating to the trust and protection of information State secrets and military secrets are present in the annex, which forms an integral part of this memorandum of understanding.


Responsibilities and obligations Article 6 6.1. This memorandum of understanding shall not affect the obligations arising for each part of other international agreements, signed by it, and is not directed against the interests of the safety and territorial integrity of other States.
6.2. on the basis of reciprocity, the host State shall bear the expenses related to the Organization and conduct of each session of the Technical Committee, with the exception of international transport and to daily subsistence allowance.
6.3. The sale and/or licensing production to third countries, to jointly develop and produce equipment, require approval in advance of both sides.
6.4. this memorandum of understanding does not impose financial obligations on a party, with the exception of responsibility to bear their own costs relating to the administrative support for the implementation of this memorandum of understanding.
6.5. specific arrangements for expenditure will be negotiated as part of any arrangement that will be developed for specific programs and projects of this memorandum of understanding.


Article 7 Term of validity. This memorandum of understanding shall be valid for a period of 5 years and shall be extended automatically to new periods of one year if none of the Parties shall notify in writing the other party not later than 3 months before the date of expiry of the validity period, of its intention to terminate it.
7.2. In case of termination of the validity of this memorandum of understanding, agreements and contracts between particular departments or organizations of the two countries-according to its will continue running until they expire.
7.3. The responsibilities and obligations of the parties in relation to the protection and use of information and with additional agreements for projects subject to this memorandum of understanding shall continue to apply after expiry of validity thereof.


Article 8 Amendments and modifications 8.1. Each party may propose amendments or changes at any time to the present memorandum of understanding.
In this case, the parties will begin consultations in order to agree about these amendments or changes.
8.2. Amendments or modifications agreed upon shall enter into force in accordance with the procedure laid down in article 21. 9 of this memorandum of understanding.


Article 9 final provisions this memorandum of understanding shall enter into force on the date of the last notification regarding the fulfilment of the legal procedures of the national legislation of each party.
Signed at Bucharest on 27 March 1997, in two originals, in the Dutch, Romanian, Greek and English languages, all texts being equally authentic. In case of differences of interpretation, the English text shall prevail.
For the Romanian Government, Victor Babiuc, Minister of national defence, For the Government of the Hellenic Republic, Akis Tsohatzopoulos, Minister of national defence Annex A SECURITY AGREEMENT on the exchange of military information and State secrets secret service National Defence Ministry of culture of Romania and the national defense of the Hellenic Republic, hereinafter referred to as the parties have entered into this agreement in order to promote cooperation in the field of protecting military information and State secrets secret service , exchanged between ministries of the two countries in the process of expanding military relations.


Article 1 the purpose of this agreement is concluded in accordance with article 7. 5 of the memorandum of understanding and the annex thereof. The agreement covers all the information State secrets and military secrets, exchanged directly or indirectly between services and specialized organizations of the parties and which may be provided to private agents or contractors.


Article 2 Definition was adopted the following definition:

Military information State secrets or intelligence service include: military intelligence, any documents and materials which, for purposes of national security of the parties and in accordance with national laws and regulations, have been assigned a category or class of State secret, as a means of protection against unauthorized disclosure.


Article 3 competent authorities competent authorities responsible for the implementation of this agreement in the two countries are: a. the direction of counterintelligence, on behalf of the Ministry of national defence of Romania, and b. Department of security general Directorate for armaments, on behalf of the Ministry of national defence of the Hellenic Republic.


Article 4 access to military information and State secrets secret service 4.1. The parties will keep track of the bodies empowered to receive information and all the information the military State secrets or secret service, included in this cooperation.
4.2. the Parties shall notify each other of any modifications or changes to the category or class of State secrets 4.3. The supplier side is only in so far as to modify the categorization or classification.
4.4. the party receiving the information State secrets or military intelligence service will be assigned the same category or class as part of the supplier.
4.5. New information resulting from this cooperation between the two parties, will assign the appropriate category or class, after consultation with the competent authorities, the mutual.
4.6. the parties have agreed upon the following categories and classes of equivalent: ROMANIA-ELENA-REPUBLIC — — — — — — — — — — — — — — — — — — — —-SECRET SECRET SECRET AKROS APORRITO APORRITO EMPISTEFTIKO SECRET SERVICE PERIORISMENIS CHRISIS 4.7. Military information State secrets or secret service, translated and/or multiplied by the party that receives, will be recorded, specifying the part supplier and category or class thereof, in accordance with the provisions referred to in paragraph 2.9.


Article 5 Exchange of information and the protection of State secrets and military secrets Service 5.1. Military information State secrets or intelligence service will be exchanged through diplomatic channels and will be protected by representatives of embassies or by other competent authorities, as determined by the parties.
5.2. a party receives will confirm in writing the receipt of secret information or military intelligence service from the other side.
5.3. In case of emergency, the use of other channels besides those mentioned in paragraph 5.1 may be determined by mutual agreement by the competent authorities of both parties.
5.4. the parties will not provide military information State secrets or intelligence service to third parties/countries/individuals, without the consent of the supplier party.
5.5. access to military information State secrets or intelligence service will be limited and will be granted only to persons entitled to know them, approved beforehand in accordance with the rules applied for granting access to secret information by State or service secrets, having the same category or class.
5.6. the supplier will inform the party receives upon any change in the military category or class information State secrets or intelligence service.
3.5. The parties will use the information the military State secrets or intelligence service only for the purposes established.


Article 6 6.1 Visits. Authorized representatives of each party will have access to military information State secrets or secret service and in the activities of this kind, after obtaining the permission of the competent authorities of the country to be visited and according to their category or class.
6.2. security experts the competent authorities shall carry out reciprocal visits at regular intervals, at least once a year to discuss procedures for the protection of State secret information or military intelligence service.
3.9. Requests for visits will be forwarded by the Office of the Military Atasatului Embassy of each party intending to send visitor (s), at least 20 days before; applications shall contain the following information about visitor (s): name, surname, father's name, date and place of birth, nationality and passport number, the institution he represents, the date and duration of visit, and the people you will visit.


Article 7 violation of security measures. The security authorities of the Parties shall be informed immediately to the supplier in writing, through diplomatic channels, about any cases of loss or ivire of suspicions regarding the disclosure of information the military State secrets or intelligence service.
7.2. Investigation for breaching the security measures and the establishment of penalizarii will be conducted by the competent authorities, in accordance with the laws and regulations of the country where the violation occurred.
7.3. the Security Authorities of the supplying party shall be informed of the outcome of such investigations and the measures that will be taken to avoid such events in the future.
7.4. The Government of the country in which the violation occurred for security measures by responsible personnel or will not be done in any case responsible for this violation, or for negligence or staff.


Article 8 Costs the costs of implementation of this Agreement shall be borne by each party.


Article 9 Validity duration, amendment and Termination this Agreement shall be in accordance with the provisions of art. 8 and 9 of the memorandum of understanding.
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