AGREEMENT

AGREEMENT AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA AND THE GOVERNMENT OF ROMANIA ON THE PROTECTION OF EXCHANGED CLASSIFIED MILITARY INFORMATION The Government of the Republic of Lithuania and the Government of Romania hereinafter referred to as “Contracting Parties”, Being aware of the important role of the co-operation between the two countries for strengthening the international security and peace, Developing a co-operation based on mutual interest and confidence, Realising that this co-operation may require the exchange of classified military information, Wishing to ensure the protection of such classified military information, Have agreed as follows: ARTICLE 1 GENERAL PROVISIONS 1. The Contracting Parties shall fulfil their obligations stipulated in this Agreement, according to the terms set forth herein, on the base of equity and mutual benefit principles. 2. The Contracting Parties shall apply the provisions of this Agreement according to their states’ legislation. The appropriate national authorities shall take the decisions concerning the exchange of the classified military information between the Contracting Parties. 3. Each Contracting Party shall promptly notify the other Contracting Party on any changes to the state's legislation that would affect the protection of the classified military information under this Agreement. ARTICLE 2 OBJECT The object of this Agreement is the protection of classified military information generated or provided, directly or indirectly, by the Contracting Party to the other Contracting Party. ARTICLE 3 DEFINITIONS For the purpose of this Agreement:

1. a)the term “classified military information” means classified information and/or material generated from and/or for military purposes, determined to require protection against unauthorised disclosure which has been so designated by security classification;
2. b)the term “material” includes documents and also any item of machinery or equipment or weapons either manufactured or in process of manufacture;
3. c)the term “document” means any recorded information regardless of its physical form or characteristics, including, without limitations, written or printed matter, data processing cards and tapes, maps, charts, photographs, paintings, drawings, engravings, sketches, working notes and papers, carbon copies and ink ribbons, or reproductions by any means or process, and sound, voice, magnetic or electronic or optical or video recordings in any form, and portable ADP equipment with resident computer storage media, and removable computer storage media;
4. d)the term “Receiving Contracting Party” means the Party which receives classified military information from the other Contracting Party, directly or indirectly;
5. e)the term “Releasing Contracting Party” means the Party which transmits classified military information to the other Contracting Party, directly or indirectly;
6. f)the term “Competent Security Authority(CSA)/Designated Security Authority(DSA)” means the authority responsible for defence security in each state;
7. g)the term “Visitors” means nationals being representatives of the Contracting Parties, who require access to classified military information under this Agreement;
8. h)the term “Contractor” means an individual and/or a legal entity possessing the legal capability to undertake contracts.
9. i)the term "Personnel Security Clearance" means an official document issued by the C. S. A./D. S. A.of the Contracting Parties in order to grant access to classified military information. ARTICLE 4 SECURITY CLASSIFICATIONS AND EQUIVALENCE The security classifications and their equivalencies for the Contracting Parties are: LITHUANIA ENGLISH LANGUAGE EQUIVALENCE ROMANIA VISIŠKAI SLAPTAI TOP SECRET STRICT SECRET DE IMPORTANŢĂ DEOSEBITĂ SLAPTAI SECRET STRICT SECRET KONFIDENCIALIAI CONFIDENTIAL SECRET RIBOTO NAUDOJIMO RESTRICTED SECRET DE SERVICIU ARTICLE 5 COMPETENT SECURITY AUTHORITIES AND POINTS OF CONTACT 1. The CSA/DSA of the Contracting Parties, responsible for the implementation of this Agreement, are the following: For Romania Designated Security Authority General Defence Intelligence Directorate Bucharest For the Republic of Lithuania Competent Security Authority Ministry of National Defence Vilnius 2. The points of contact concerning this Agreement are: For Romania The Defence Military Naval and Air Attaché Embassy of Romania Vilnius For the Republic of Lithuania Ministry of National Defence Vilnius ARTICLE 6 ACCESS TO CLASSIFIED MILITARY INFORMATION No individual shall be entitled to access classified military information covered by this Agreement merely by virtue of rank or position. The access to this information shall be permitted in accordance with the states' legislation of the Contracting Parties and the measures agreed upon by the Contracting Parties in accordance with the provisions of this Agreement. The receiving Contracting Party shall: a. not release classified military information to a third party without the prior written approval of the releasing Contracting Party; b. afford the classified military information a national level of classification equivalent to that stipulated in Art. 4 and, consequently provide a protection, equivalent to that provided by the releasing Contracting Party; c. not use classified military information for other purpose than the purpose for which it was provided as stipulated in the official transmission document; d. protect the intellectual property rights and trade secrets that are involved in classified military information. ARTICLE 7 PERSONNEL SECURITY CLEARANCE 1. The decision for granting of a personnel security clearance is issued to an individual who is authorised to have access to classified military information after completing the necessary security check. 2. Each Contracting Party shall conduct a detailed investigation, according to the national level of classification required with respect to any individual, who has to be granted with access to the classified military information protected under this Agreement. 3. Before a representative of a Contracting Party releases classified military information to a representative of the other Contracting Party, the receiving Contracting Party shall provide to the releasing Contracting Party an assurance that all its representatives posses the necessary security clearance level, that the required access is necessary for official purposes and that the provided classified military information is protected by the receiving Contracting Party according to the provisions of this Agreement. ARTICLE 8 VISITS 1. The visits authorisation for the representatives of one Contracting Party to facilities and establishments of the other Contracting Party, where access to classified military information is required shall be limited to those needed for official purposes. 2. The visit authorisation to the facilities and establishments shall be granted by the CSA/DSA of the Contracting Parties. The validity of visit authorisations shall not exceed twelve