Advanced Search

Law No. 257 Of 30 December 1998

Original Language Title:  LEGE nr. 257 din 30 decembrie 1998

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 257 257 of 30 December 1998 for ratification of the Agreement between the Government of Romania and the Government of the Federal Republic of Germany on the Mutual Protection of Classified Information, signed in Bucharest
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 524 524 of 31 December 1998



The Romanian Parliament adopts this law + Article UNIC The Agreement between the Government of Romania and the Government of the Federal Republic of Germany on the Mutual Protection of Classified Information, signed in Bucharest on 24 November 1997 This law was adopted by the Senate at the meeting of October 19, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, ULM SPINEANU This law was adopted by the Chamber of Deputies at the meeting of November 25, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, ANDREI CHILIMAN + AGREEMENT between the Government of Romania and the Government of the Federal Republic of Germany The Government of Romania and the Government of the Federal Republic of Germany, hereinafter referred to in the desire to ensure the protection of all classified information (secret and service secrets), which have been classified by the competent authority or available to it and which have been transmitted within the framework of the trust-based collaboration through the competent authorities or authorized private institutions of one of the Contracting Parties to the other Contracting Party, agreed the following: + Article 1 Object, definitions and equivalents (1) The object of this agreement is the creation of a regulation for the mutual protection of classified information (secrets and secrets of service), to be applied to all cooperation agreements that will be concluded between the parties contracting, as well as contracts and orders. (. For the purposes of this Agreement, by classified information (secret and service secrets): a) in Romania: data, information, facts, documents, objects and activities, regardless of their form of presentation, which must be protected against their public dissemination. They shall be classified in accordance with the need for protection by a competent public authority or in its provision; b) in the Federal Republic of Germany: facts, objects and information, regardless of their form of presentation, which, in the public interest, must be kept in secret. They shall be classified in accordance with the need for protection by a competent public authority or from its disposal. (. The Contracting Parties shall determine the following equivalents for classified information (secret and service secrets): RomaniaFederal Republic of Germany STRICT SECRETGEHEIM SECRETVS-VERTRAULICH SECRET DE SERVICUVS-NUR FÜR DIENSTGEBRAUCH (4) For classified information SECRET DE SERVICU/VS-NUR FÜR DIENSTGEBRAUCH the provisions of art. 2 2 para. (3), of art. 3 3 and 4, art. 6 6 para. ((1), as well as of art. 7. + Article 2 Measures at national level (1) In accordance with the provisions of their national legislation in the matter, the Contracting Parties shall take all appropriate measures designed to protect classified information (secret and service secrets), transmitted under this Agreement or results at the executor of a public order containing classified information (secrets and service secrets). The contracting parties shall provide for such information a level of protection at least equivalent to that established for the classified information (secret and service secrets) of their own in the same category. (2) The contracting parties will not allow third parties access to classified information (secret and service secrets) received except with the prior consent of the authority that ordered their classification, regardless of national regulations of the the contracting parties on the amendment and the cancellation of the classification of certain information. Classified information (secrets and service secrets) will only be used for the purposes indicated. Access to classified information (secrets and service secrets) will be allowed only to those persons whose duties require their knowledge. ((3) Access to classified information (secrets and secrets of service) will be allowed only to those persons who are authorized for this purpose. The authorisation will be granted after a security check, carried out at a level of exigency at least equal to that required for access to classified information (secret and service secrets) of the equivalent category. (4) The Contracting Parties shall ensure that the security inspections and compliance with the provisions of this Agreement are carried out within their territory. + Article 3 Prior measures regarding public orders containing classified information (secrets and service secrets) If one of the Contracting Parties intends to entrust a public order containing classified information (secret and service secrets) to the executor of a public order within the territory of the other Contracting Party, or instructs an enforcer on its territory to do so, then that contracting party will have to obtain, in advance, from the competent public authority of the other contracting party the guarantee that the proposed executor was the subject of a security checks, in accordance with the appropriate category of information classified (secret and secret service), and that it has the means necessary to ensure adequate protection of such information. This guarantee will also include the obligation to ensure that the secrecy protection procedure, applied by the verified executor, complies with the internal rules on the protection of secrecy and is supervised by the competent authorities. + Article 4 Execution of public orders containing classified information (secrets and service secrets) (. The competent authority for the institution entrusted with a public order shall be responsible for classifying any information transmitted or resulting in the case of an order. At the request of the public authority of the other Contracting Party, the power for the executor of a public order, the competent authority for the institution entrusted with the order shall submit a list of classified information Service secrets). In this case, it will at the same time inform the public authority of the other contracting party, which is competent for the executor of the public order, that the executor has committed itself to the authority that launched the public order comply, in the handling of classified information (secret and service secrets) entrusted to it, the national regulations on the protection of classified information (secrets and service secrets) and to give, if necessary, the competent authority of the country to make a declaration to that effect (commitment to protection of classified information). ((. Where the competent public authority for the order taker requests and receives from the competent public authority for the institution which has released the order a list of classified information (secret and service secrets), it will confirm, in writing, its receipt and transmit it to the order taker. (3) In each case, the competent public authority for the executor of the public order will guarantee that it will handle classified information (secrets and service secrets) in connection with the order, in accordance with the list received, according to commitment to protect classified information (secrets and secrets of service), as well as classified information (secrets and service secrets) of your own state. (4) In so far as the launch of suborders containing classified information (secrets and service secrets) is allowed by the competent authority, the provisions of par. ((1)-(3). (5) The contracting parties will ensure that the launch of the public order containing classified information (secret and service secrets) will take place, respectively that the works on parts thereof, which must be protected, will begin only if the executor the order has taken or may take in due time the necessary measures for the protection of classified information (secrets and secrets of service). + Article 5 Marking (1) The classified information (secret and service secrets) transmitted shall be marked by the competent authority of the addressee or in its disposition with the equivalent national classification category, according to art. 1 1 para. ((3). ((2) The marking is also mandatory for classified information (secret and service secrets) resulting in the receiving state in connection with public orders containing classified information (secrets and service secrets) or for those that will be multiplied. ((3) The categories of classified information (secret and service secrets) shall be amended or cancelled by the competent authority for the recipient of such classified information (secrets and service secrets), at the request of the authority Competent State of origin. The competent authority of the State of origin shall communicate to the competent authority of the other Contracting Party 6 weeks before its intention to amend or cancel the category of classified information (secret and service secrets). + Article 6 Transmission of classified information (secrets and service secrets) (1) Classified information (secrets and service secrets) shall be transmitted from one state to the other, as a rule, through the service of diplomatic or military couriers. The competent public authority confirms the receipt of classified information (secret and service secrets) and transmits it to the recipient in accordance with national regulations on the protection of classified information (secrets and secrets of service). (2) If the use of the courier would make it difficult to transport classified information (secrets and service secrets), the competent public authorities may agree, for a well-defined situation, that such information be transported on a path other than through diplomatic or military couriers, in compliance with the following conditions: -the carrier must have an authorization to access classified information (secrets and service secrets) with an equivalent category; -the consignor shall keep an inventory of the classified information (secret and service secrets) transmitted, and a copy of this inventory shall be sent to the consignee to be handed over to the competent authorities; -classified information (secrets and service secrets) must be packaged, in compliance with the legal provisions on domestic transport; -handing over classified information (secrets and service secrets) to be made with acknowledgement of receipt; -the carrier shall hold a courier card issued by a competent authority for the sender or the consignee. (3) For the transport of classified information (secret and service secrets) bulky transport mode, itinerary and escort will be determined in each case by the competent authorities. (4) The information in the category VS-NUR FÜR DIENSTGEBRAUCH can be transmitted from the Federal Republic of Germany to Romania by post. + Article 7 Visits ((1) Visitors from the territory of the State of a Contracting Party shall have access to the territory of the State of the other Contracting Party to classified information (secret and service secrets), as well as to the institutions in which they work with such information, only with the prior approval of the competent authority of the Contracting Party which is visited. The approval will be granted only to persons who, following the necessary security checks, have been authorized to have access to classified information (secrets and service secrets). ((2) Visitors shall be notified in due time to the competent authority of the state of the contracting party on whose territory they enter, in accordance with the legal provisions in force on the territory of this state. The competent authorities of the Contracting Parties shall communicate to each other the details of the notification and ensure that the protection of personal data is respected. + Article 8 Measures in case of violation of the provisions on the protection of classified information (secrets and secrets of service) (1) If the disclosure of classified information (secret and service secrets) cannot be excluded, it is presumed or found, these situations will be communicated immediately to the other contracting party. (2) The violations of the provisions regarding the protection of classified information (secrets and secret of service) will be investigated and pursued by the competent authorities and courts. The Contracting Parties shall, upon request, support such research and inform each other about their results. + Article 9 Expenditure Each Contracting Party shall bear its own expenditure resulting from the application of this Agreement + Article 10 Competent authorities The Contracting Parties shall inform each other about the competent authorities designated for the application of this Agreement + Article 11 Report with other agreements Existing agreements between the two Contracting Parties, which govern the protection of classified information (secret and service secrets) in specific areas, retain their validity, if their provisions do not contravene this Agreement. + Article 12 Consultations ((. In order to ensure close cooperation for the application of this Agreement, the competent authorities shall consult each other at the request of any one of them. (2) The contracting parties shall inform each other about the regulations regarding the protection of classified information (secret and secret service), in force in their states, and about the changes of these regulations. (3) Each Contracting Party shall allow the competent authorities of the other Contracting Party or any authority established by mutual agreement to make visits to the territory of the State or to discuss the procedures and devices of protection of classified information (secrets and secrets of service), transmitted by the other contracting party. Each Contracting Party shall provide assistance to those authorities to determine whether the information provided to it by the other Contracting Party is sufficiently protected. Details will be determined by the competent authorities. + Article 13 Entry into force, shelf life, modification, denunciation (1) This Agreement shall enter into force on the date on which the Government of Romania shall notify the Government of the Federal Republic of Germany that the internal legal procedures for its entry into force have been fulfilled The date of receipt of the notification shall be decisive. ((. This Agreement shall be concluded for an indefinite period. (. Each Contracting Party may request, in writing, at any time, the amendment of this Agreement. In this case, the contracting parties will initiate negotiations on amending the agreement. (. Each Contracting Party may denounce this Agreement, in writing, by diplomatic means, with a notice of 6 months. In case of denunciation, classified information (secret and secret service), transmitted on the basis of this agreement or results at the executor of a public order, will continue to be protected, according to the provisions of art. 2, as long as that information remains classified. Signed in Bucharest on November 24, 1997, in two original copies, each in Romanian and in German, both texts being equally authentic. For the Romanian Government, Victor Babiuc, national defence minister For the Federal Government of Germany, Leopold Bill von Bredow, extraordinary and plenipotentiary ambassador of the Federal Republic of Germany ------