Law No. 257 Of 30 December 1998

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

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Law No. 257 of 30 December 1998 on ratification of the agreement between the Government of Romania and the Government of the Federal Republic of Germany concerning the mutual protection of classified information, signed in Bucharest on 24 November 1997 PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 524 of 31 December 1998, the Romanian Parliament adopts this law.


The sole article Shall ratify the agreement between the Government of Romania and the Government of the Federal Republic of Germany concerning the mutual protection of classified information, signed in Bucharest on 24 November 1997.
This law was adopted by the Senate at its meeting on 19 October 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the SENATE, pp. ULM SADR this law was adopted by the Chamber of deputies at its meeting on 25 November 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, ANDREI CHILIMAN AGREEMENT between the Government of Romania and the Government of the Federal Republic of Germany concerning the mutual protection of classified information the Government of Romania and the Government of the Federal Republic of Germany, hereinafter referred to as the Contracting Parties, wishing to ensure that all classified information (secret and intelligence service), which were classified by the competent authority or from its disposal and which have been transmitted in the collaboration based on trust through the competent authorities or authorized private institutions one of the parties to the other Contracting Party, have agreed as follows: Article 1 object, definitions and equivalents (1) the object of this agreement is to create a framework of rules for the mutual protection of classified information (secret and intelligence service), to be applied to all cooperation agreements to be concluded between the Contracting Parties as well as contracts and orders.
  

(2) for the purposes of this agreement, classified information (secret and intelligence service) means: a) in Romania: data, information, facts, documents, objects and activities, whatever their form, which must be protected against public dissemination.
  

They are classified according to the need for protection by a competent public authority or from its disposal;

b) in the Federal Republic of Germany: facts, objects and information, irrespective of their form of presentation, which, in the public interest, should be kept in secret. They are classified according to the need for protection by a competent public authority or from its disposal.
  

(3) the Contracting Parties shall establish the following equivalent for classified information (secret and intelligence service): Federal Republic of Germany Romania SECRET SECRET GEHEIM VS-VERTRAULICH SECRET SERVICE VS-NUR FUR DIENSTGEBRAUCH (4) For information classified SECRET service/VS-NUR FUR DIENSTGEBRAUCH are not applicable to the provisions of art. 2 (2). (3) of article 1. 3 and 4, art. 6 paragraph 1. (1) and of article 23. 7. Article 2 Measures at national level (1) In accordance with the provisions of their national legislation, the Contracting Parties shall take all appropriate measures to protect classified information (secret and intelligence service), transmitted under this agreement or resulting from the contractor an order containing public classified information (secret and intelligence service). The Contracting Parties shall provide such information at a level of protection at least equivalent to that laid down for classified information (secret and intelligence service) in a class of its own.
  

(2) the parties will not allow third parties access to classified information (secret and intelligence service) received only with the prior consent of the authority which ordered their classification, regardless of their national rules of the Contracting Parties with regard to the amendment, namely the cancellation of some degree of classification information.
  

Classified information (secret and secret service) will be used only for the stated purpose. Access to classified information (secret and intelligence service) will be permitted only to those persons whose duties require a knowledge of their service.

(3) access to classified information (secret and intelligence service) will be allowed only to those individuals who are authorized for this purpose. Authorization will be granted following a security check carried out at a high quality level at least equal to that required for access to classified information (secret and intelligence service) own classified equivalent.
  

(4) Contracting Parties shall ensure that the territory of their States of security inspections and compliance with the provisions of this agreement.
  


Article 3 Measures concerning public orders prior containing classified information (secret and intelligence service) If one of the contracting parties intend to entrust a public command containing classified information (secret and intelligence service) a public contractor in the territory of the other Contracting Party or nominate an executor or territory to do so, then that party will have to obtain in advance of the public authority within the competence of the other Contracting Party that the proposed contractor's warranty has been subject to security checks, in accordance with the corresponding category of classified information (secret and intelligence service), and that it has the necessary means to ensure adequate protection of this information. This warranty shall include the obligation to ensure that the procedure for the protection of the secrecy of the contractor, shall conform to the regulations on the protection of secrecy and is supervised by the competent authorities.


Article 4 execution of orders which contain classified information (secret and intelligence service) (1) the competent authority for the institution entrusted with a public command responsible to classify any information which is transmitted or in the case of an order. At the request of the public authority of the other Contracting Party, the competence for a contractor of public authority responsible for the institution entrusted with the command of a list containing the information to be classified (secret and intelligence service). In this case, it shall notify at the same time the public authority of the other Contracting Party which is the competence of public order to the contractor that the contractor has undertaken towards the Authority launched a public order to respect in the handling of classified information (secret and intelligence service) which i have been entrusted, national regulations concerning the protection of classified information (secret and intelligence service) and to give If necessary, the competent authority of the country to a declaration (commitment for the protection of classified information).
  

(2) where a public authority has the competence to order the contractor request and receive from the public authority which has competence for ordering institution released a list of classified information (secret and intelligence service), it will confirm in writing the receipt thereof and shall transmit to the contractor.
  

(3) In either case, the public authority for public order contractor's competence will ensure that it will handle classified information (secret and intelligence service) in connection with the order, according to the list, according to the undertaking of protection of classified information (secret and intelligence service), as well as classified information (secret and intelligence service) of their own State.
  

(4) as far as the release of subcommands containing classified information (secret and intelligence service) is permitted by the competent authority shall apply the provisions of paragraph 1. (1) to (3).
  

(5) Contracting Parties shall ensure that the public order containing classified information (secret and intelligence service) will take place, as work on the parts of it that should be protected, will only start if the contractor order has been or may be taken in good time the necessary measures for the protection of classified information (secret and intelligence service).
  


Article 5 (1) Marking of classified Information (secret and intelligence service) transmitted will be marked by the competent authority of the consignee or the order of the classification category of the national equivalent, according to art. 1 (1). 3. (2) Marking is mandatory and for classified information (secret and intelligence service) resulting in the recipient State in relation to public orders containing classified information (secret and intelligence service), or for those who will be multiplied.
  

(3) the categories of information to be classified (secret and intelligence service) is changed or cancelled by the competent authority for the consignee of such classified information (secret and intelligence service), at the request of the competent authority of the home Member State. Competence of the authority of the home Member State shall notify the competent authority of the other Contracting Party, with 6 weeks prior, of its intention to modify or cancel the category of classified information (secret and intelligence service).
  


Article 6 Transmission of classified information (secret and intelligence service)


(1) classified information (secret and intelligence service) is transmitted from one State into another, usually through diplomatic or military courier. The competence of the public authority acknowledge receipt of classified information (secret and intelligence service) and sends them to the consignee in accordance with national rules on the protection of classified information (secret and intelligence service).
  

(2) where the use of a courier would aggravate in a manner unacceptable transport classified information (secret and intelligence service), the competent authorities may agree, for a definite situation, as such information to be carried by another way than by diplomatic or military courier, in compliance with the following conditions:-the carrier must have an authorization to access classified information (secret and secret service) with an equivalent category;
-the sender to keep an inventory of classified information (secret and intelligence service), and a copy of this inventory to be transmitted to the recipient to be handed to the competent authorities;
-the information to be classified (secret and secret service) must be packaged in compliance with the legal provisions concerning the national transport;
-handing over classified information (secret and intelligence service) to be made against written acknowledgement;
-the carrier to hold a passport issued by a courier, a competent authority for the consignor or for the recipient.

(3) for transporting classified information (secret and intelligence service) mode of transport, itinerary and escort will be determined in each case by the competent authorities.
  

(4) the information in the category VS-NUR FUR DIENSTGEBRAUCH can be passed down from the Federal Republic of Germany in Romania by mail.
  


Article 7 (1) Visitors from the territory of a Contracting Party shall have access within the territory of the other Contracting Party to classified information (secret and intelligence service), and in the institutions that are working with such information, only with the prior approval of the competent authority of the Contracting Party that is visited.
  

Approval will be granted only to persons who, as a result of the necessary security checks, they are authorized to have access to classified information (secret and intelligence service).

(2) visitors will be notified in due time to the competent authority of the State of the Contracting Party in whose territory the enter, in accordance with the legal provisions in force in the territory of that State. the competent authorities of the Contracting Parties shall communicate to each other the details of the notification and shall ensure that protection of personal data is respected.
  


Article 8 measures in case of infringements of provisions concerning the protection of classified information (secret and intelligence service) (1) if the disclosure of classified information (secret and intelligence service) cannot be ruled out, is presumed or ascertained, these situations will be communicated without delay to the other Contracting Party.
  

(2) violations relating to the protection of classified information (secret and intelligence service) will be investigated and pursued by the competent authorities and courts. The Contracting Parties shall, upon request, support such research and shall notify each other about their results.
  


Article 9 each Contracting Party Expenses will incur its own costs resulting from the application of this agreement.


Article 10 the competent authorities of the Contracting Parties shall inform each other about competent authorities designated for the implementation of this agreement.


Article 11 agreements with other existing agreements between the two parties, governing the protection of classified information (secret and intelligence service) in specific fields, retains its validity, whether the provisions of this agreement do not contradict them.


Article 12 Consultations (1) in order to ensure close cooperation for the implementation of this agreement, the competent authorities shall consult at the request of any of them.
  

(2) the Contracting Parties shall notify each other about the rules regarding the protection of classified information (secret and intelligence service) in effect in their States, and about the amendments to these regulations.
  

(3) each Contracting Party shall enable the competent authorities of the other Contracting Party or any authority agreed to carry out visits to the territory of the State or to discuss procedures and protection of classified information (secret and intelligence service), submitted by the other Contracting Party. Each Contracting Party shall accord such assistance to the authorities to determine whether the information has been made available by the other Contracting Party are sufficiently protected. Details will be determined by the competent authorities.
  


Article 13 entry into force, duration, termination (1) this Agreement shall enter into force on the date on which the Government will notify the Government of the Federal Republic of Germany that have been completed the legal procedures for the entry into force of this regulation. Crucial in this regard is the date of receipt of the notification.
  

(2) this agreement is concluded for an indefinite period.
  

(3) each Contracting Party may, in writing, at any time, to modify this agreement. In this case, the Contracting Parties shall initiate negotiations to amend the agreement.
  

(4) each Contracting Party may terminate this agreement in writing, diplomatically, with a period of notice of 6 months. In the event of termination, classified information (secret and intelligence service), transmitted under this agreement or arising from the public order, the contractor will continue to be protected as outlined in art. 2 as long as long as such information shall remain classified.
  

Signed at Bucharest on 24 November 1997, in two originals, each in the Romanian-language and German-language, both texts being equally authentic.
For the Romanian Government, Victor Babiuc, Minister of national defence For the Federal Republic of Germany, Leopold Bill von Bredow, Ambassador Extraordinary and Plenipotentiary of the Federal Republic of Germany in Bucharest — — — — —