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Law No. 175 Of 4 November 1997

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

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LEGE no. 175 175 of 4 November 1997 for 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 defence and technology, signed in Bucharest on 27 March 1997
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 309 309 of 13 November 1997



The Romanian Parliament adopts this law + Article UNIC The Memorandum of Understanding between the Government of Romania and the Government of the Hellenic Republic on cooperation in the fields of defence and technology for defence, signed in Bucharest on 27 March 1997, is ratified. This law was adopted by the Senate at the meeting of September 4, 1997, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT OLIVIU GHERMAN This law was adopted by the Chamber of Deputies at the meeting of October 6, 1997, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN + MEMORANDUM OF UNDERSTANDING between the Government of Romania and the Government of the Hellenic Republic on cooperation in the fields of defence The Government of Romania and the Government of the Hellenic Republic, hereinafter: in the spirit of the Treaty of Friendship, Cooperation and Good Neighbourhood between Romania and the Hellenic Republic, signed in Bucharest on 28 November emphasising the importance of developing scientific and technical defence cooperation, leading by the principles of mutual collaboration and advantage, agreed the following: + Article 1 Purpose The purposes of this MoU are: 1.1. establishing the possibilities for the development of joint development and production programs in the industrial and technological sectors on defense materials; 1.2. the use of scientific, technical and industrial resources of both parties, for the purpose of developing and producing defense materials, intended, first of all, to satisfy the needs of the armies of both parties and possibly to export to other countries, in which case another agreement will be agreed between the parties; 1.3. providing mutual technical assistance and facilitating the exchange of technical information related to the cooperation of both parties in the field of defence industry; 1.4. mutual support in the provision of defense materials, through direct agreements between the companies of the two countries, provided that each product, which will be procured, falls within the provisions of this Memorandum of Understanding; 1.5 encouraging and promoting agreements between firms and their subsidiaries in the two countries, with the aim of further developing joint production of defence materials. + Article 2 Areas of cooperation The term economic-military and technical-scientific cooperation in the fields of defence-related arms and technology, within the meaning of this Memorandum of Understanding, mainly includes the following: 2.1. exchange of information between the services and interested organizations of the two governments on technical and technological achievements in the fields of defence and technology intended for defence; 2.2. identification of possible cooperation areas between the services and organizations of the two parties, aimed at encouraging, promoting and implementing joint research, development and production of armaments and equipment intended defence, including the prospect of meeting the requirements of third countries; 2.3. obtaining, by a party from the other side, modern armaments and equipment intended for defence, the transfer of know-how and advanced technology, the training of personnel in the operation and maintenance of armaments and equipment intended for defence; 2.4. the sale, by mutual agreement, of armaments and defence equipment, carried out in the framework of joint R & D and production programmes, to third countries; 2.5. cooperation between enterprises with production and repair profile of defense equipment. + Article 3 Setting up of To fulfill the clauses of this Memorandum of Understanding, the Parties shall establish a technical committee consisting of a maximum of seven members for each party under the co-chairmanship of the Secretary of State and Head of the Department of Endowment and Logistics the army of the Romanian Ministry of National Defence and the Director General for armaments of the Ministry of National Defence of the Hellenic Republic If and when necessary, the technical committee will include other experts. + Article 4 Technical committee obligations The technical committee will meet once a year and the meeting will take place, alternately in both countries. The obligations of the Technical Committee 4.1. establishing and identifying the possible cooperation field and determining the related procedures; 4.2. examination and selection of projects that can be solved jointly and define the related procedures; 4.3. presentation of agreements, related to joint projects, for approval, to authorized competent authorities; 4.4. identifying the most appropriate corporations for the development of joint programs in each country and establishing, for each individual case, the main directions to follow, in order to ensure success for each project; 4.5. facilitation of direct links between firms, governmental institutions and other organizations of both parties; 4.6. submission of proposals and recommendations to the national authorities of both parties on the participation of other countries in joint projects. + Article 5 Obligations of the Parties on military intelligence All security arrangements in relation to access to state secret materials or service secrets and any other aspect relating to trust and protection of military intelligence secret state and service secrets are present in Annex A, which forms an integral part of this Memorandum of Understanding. + Article 6 Responsibilities and obligations 6.1. This Memorandum of Understanding will not affect the obligations resulting for each party of other international agreements, signed by it, and is not directed against the interests of the security and territorial integrity of other states. 6.2. On the basis of reciprocity, the host State will bear the expenses related to the organization and conduct of each session of the Technical Committee, except for international transport and the daily allowance. 6.3. The sale and/or the granting of production licences to a third country, in order to jointly develop and produce equipment, require the prior approval of both parties. 6.4. This Memorandum of Understanding does not impose financial obligations on a party, except for the responsibility to bear its own administrative expenditure on support for the application of this Memorandum of Understanding. 6.5. Arrangements for the division of specific expenditures will be negotiated as part of any arrangement that will be rolled out for specific programs and projects in this Memorandum of Understanding. + Article 7 Shelf life 7.1. This Memorandum of Understanding is valid for a period of 5 years and will automatically extend, for new periods of one year, if neither party notifies, in writing, to the other party, at least 3 months before the expiry date. period of validity, its intention to denounce it. 7.2. In the event of the termination of the validity of this Memorandum of Understanding, the agreements and contracts concluded between departments or private organizations in the two countries-in accordance with its provisions-will continue to run until their expiration. 7.3. The responsibilities and obligations of the parties in relation to the protection and use of information and additional arrangements for projects covered by this Memorandum of Understanding will continue to apply after the expiry of validity it. + Article 8 Amendments and amendments 8.1. Each Party may propose amendments or amendments to this Memorandum of Understanding at any time. In this case, the parties will begin consultations to agree on these amendments or amendments. 8.2. The agreed amendments or amendments will enter into force in accordance with the procedure laid down in 9 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 concerning the fulfilment of the legal procedures of the national legislation Signed in Bucharest on 27 March 1997, in two original copies, in Romanian, Greek and English, all texts being equally authentic. In the case of differences in interpretation, the English text will prevail. For the Romanian Government, Victor Babiuc, the Minister of Defence The Government of the Hellenic Republic Akis Tsohatzopoulos, national defence minister + Annex A SECURITY AGREEMENT on the exchange of state secret military intelligence and service secrets Ministry of National Defence of Romania and Ministry of National Defence of the Hellenic Republic, hereinafter referred to as parties, have concluded this agreement, in order to promote collaboration in the field of ensuring the protection of state secret military information and service secrets, exchanged between the ministries of the two countries within the framework of the process of expanding relations Military. + Article 1 Purpose This Agreement is concluded in accordance with the provisions of art. 5 of the Memorandum of Understanding and its Annex. The agreement refers to all state secret military information and service secrets, exchanged directly or indirectly between the parties ' specialized services and organizations and which may be provided to private agents or contractors. + Article 2 Definition The following definition was adopted: State secret military information or service secrets include: military information, any documents and materials to which, for the purposes of national security of the parties and in accordance with national laws and regulations, have been assigned a category or a class of state secret, as a means of protection against unauthorized disclosure. + Article 3 Competent authorities The competent authorities responsible for implementing this Agreement in the two countries shall be: A. Counterintelligence Directorate, on behalf of the Ministry of National Defence of Romania, and B. Security Department of the Directorate-General for armaments, on behalf of the Ministry of National Defence of the Hellenic Republic. + Article 4 Access to state secret military intelligence and service secrets 4.1. The parties will keep records of the competent bodies to receive information and all military information secret state or service secrets, included in this cooperation. 4.2. The parties will inform each other of any changes or changes to the category or class of state secrets. 4.3. The supplier part is the only one able to modify the categorisation or classification. 4.4. The party receiving state secret military intelligence or service secrets will assign them the same category or class as the supplier side. 4.5. The new information, resulting from this cooperation between the two parties, will be assigned to the appropriate category or class after the mutual consultation of the competent authorities. 4.6. The Parties agreed on the following equivalent categories and classes: ROMANIA HELLENIC REPUBLIC -------- -------- --------------- TOP SECRET AKROS APORRITO SECRET APORRITO SECRET EMPISTEFTIKO SECRET SERVICE PERIORISMENIS CHRISIS 4.7. State secret military information or service secrets, translated and/or multiplied by the receiving party, will be recorded, specifying the supplier part and their category or class, in accordance with the provisions mentioned in the paragraph 4.6. + Article 5 Exchange and protection of state secret military intelligence and service secrets 5.1. State secret military information or service secrets will be exchanged through diplomatic channels and will be protected by representatives of embassies or other competent authorities, established by the parties. 5.2. The receiving party will confirm, in writing, the receipt of state secret military information or service secrets from the other side. 5.3. In case of urgency, the use of other channels other than those referred to in paragraph 5.1 may be agreed by the competent authorities of both Parties. 5.4. The parties will not provide state secret military information or service secrets to third parties/countries/persons, without the prior consent of the supplying party. 5.5. Access to state secret military information or service secrets will be limited and will only be granted to persons entitled to know them, authorized in advance in accordance with the rules applied for granting access to state secret information or service secrets, having the same category or class. 5.6. The supplier party shall inform the receiving party of any change in the category or class of military intelligence secret state or service secrets. 5.7. The parties will use state secret military intelligence or service secrets only for the purposes set. + Article 6 Visits 6.1. The authorized representatives of each party will have access to the military information secret state or service secrets and in the institutions where such activities are carried out, after obtaining the permission of the competent authorities of the country to be visited and in accordance with their category or class. 6.2. The security experts of the competent authorities shall carry out reciprocal visits, periodically, at least once a year, to discuss the procedures for the protection of state secret military information or service secrets. 6.3. Requests for visits will be submitted through the Military Attacking Office at the embassy of each party intending to send the visitor (s), at least 20 days in advance; requests will contain the following visitor data (s): name, surname, father's name, date and place of birth, nationality and passport number, the institution they represent, the date and duration of the visit, the institutions and persons they will visit. + Article 7 Violation of security measures 7.1. The security authorities of the supplying parties will be immediately informed, in writing, through diplomatic channels, of any cases of loss or of arising suspicions about the disclosure of secret state or secret military information. Service. 7.2. The investigation into the violation of security measures and the establishment of the penalty will be carried out 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 will be informed of the outcome of such an investigation and the measures that will be taken to avoid these events in the future. 7.4. The government of the country in which the breach of security measures has been made liable to its personnel shall not be made in any case liable for this breach or for the negligence of its personnel. + Article 8 Costs The costs generated by the implementation of this Agreement will be borne by each party. + Article 9 Validity Denunciation, modification and duration of this Agreement shall be in accordance with the provisions of art. 8 8 and 9 of the MoU. ---------------------