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The Government of the Republic of Lithuania and the Government of the Republic of Estonia (hereinafter referred to as the “Parties”,

The Government of the Republic of Lithuania and the Government of the Republic of Estonia (hereinafter referred to as the “Parties”, AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA AND THE CABINET OF MINISTERS OF UKRAINE ON MUTUAL PROTECTION OF CLASSIFIED INFORMATION The Government of the Republic of Lithuania and the Cabinet of Ministers of Ukraine, hereinafter referred to as the Parties, Aiming to strengthen political, military, economic, legal, scientific and technological co-operation between the Parties; Realising that the resulting co-operation requires exchange of classified information between the Parties; Willing to ensure the protection of all classified information; Have agreed as follows: Article 1 Definitions 1. For the purposes of this Agreement:

  1. a)“Classified information” means information and material, regardless of their form, nature and manner of transmission, which has been assigned a certain level of classification and marked accordingly, and which in the interest of national security and in accordance with national legislation of the Parties require protection against unauthorised access.
  2. b)“Classified contract” means a contract, elaboration and performance of which requires the access to classified information or use of classified information;
  3. c)“Contracting entity” means an individual or a legal entity possessing the legal capacity to undertake classified contracts in accordance with national legislation;
  4. d)“Competent Authority (CA)” for the Republic of Lithuania means State, local government institutions and the enterprises and services founded by such institutions, the performance whereof is related to the use of classified information or protection thereof and which are granted the right according to the procedure established by national legislation, to classify and declassify information.
  5. e)“Originating Party” means the Party initiating the classified information as represented by National Security Authority/Competent Authority;
  6. f)“Recipient Party” means the Party to which the classified information is transmitted as represented by National Security Authority/Competent Authority;
  7. g)“Security clearance” means decision issued as a result of security checking, recognising that the individual or legal entity may perform activities related to classified information in accordance with the national legislation. Article 2 National Security Authorities “National Security Authority (NSA)” is the state institution of each Party responsible for the implementation of this Agreement. They are: For the Republic of Lithuania - The Commission for Co-ordination of the Protection of Secrets of the Republic of Lithuania; For Ukraine - The Security Service of Ukraine; Article 3 Classification levels and markings 1. In the Republic of Lithuania classified information is marked by the following security markings: RIBOTO NAUDOJIMO (RESTRICTED), KONFIDENCIALIAI (CONFIDENTIAL), SLAPTAI (SECRET), VISIŠKAI SLAPTAI (TOP SECRET). In Ukraine classified information is marked by the following security markings: ДЛЯ СЛУЖБОВОГО КОРИСТУВАННЯ (RESTRICTED), TAЄMHO (CONFIDENTIAL), ЦІЛКОΜ TAЄMHO (SECRET), OCOБЛИBOÏ BAЖЛИBOCTI (TOP SECRET). . 2. Ukraine will protect: Classified information of the Republic of Lithuania marked RIBOTO NAUDOJIMO as classified information of Ukraine marked ДЛЯ СЛУЖБОВОГО КОРИСТУВАННЯ; Classified information of the Republic of Lithuania marked KONFIDENCIALIAI as classified information of Ukraine marked TAЄMHO; Classified information of the Republic of Lithuania marked SLAPTAI as classified information of Ukraine marked ЦІЛКОΜ TAЄMHO; Classified information of the Republic of Lithuania marked VISIŠKAI SLAPTAI as classified information of Ukraine marked OCOБЛИBOÏ BAЖЛИBOCTI. 3. The Republic of Lithuania will protect: Classified information of Ukraine marked ДЛЯ СЛУЖБОВОГО КОРИСТУВАННЯ as classified information of the Republic of Lithuania marked RIBOTO NAUDOJIMO; Classified information of Ukraine marked TAЄMHO as classified information of the Republic of Lithuania marked KONFIDENCIALIAI; Classified information of Ukraine marked ЦІЛКОΜ TAЄMHO as classified information of the Republic of Lithuania marked SLAPTAI; Classified information of Ukraine marked OCOБЛИBOÏ BAЖЛИBOCTI as classified information of the Republic of Lithuania marked VISIŠKAI SLAPTAI. 4. The classification level and marking may be changed or revoked by the Recipient Party on request of the Originating Party. The Recipient Party will be notified immediately about the change or revocation of classification level. Article 4 Responsibilities of the Parties 1. The Parties will undertake within the national legislation all necessary measures to ensure the protection of classified information, which is to be transferred pursuant to this Agreement or to which a contracting entity gains access under a classified contract. Each Party will promptly notify the other Party of any changes to its national legislation that would affect the protection of classified information under this Agreement. 2. Access to classified information may be granted to the individuals bearing Personal Security Clearance Certificate only. Personal Security Clearance Certificate will be granted only to individuals who have been appropriately security cleared and who have been authorised by NSA/CA of his parent nation to have access to classified information. However, no individual is entitled solely by virtue of rank or appointment or security clearance to have access to classified information. Access to it will be granted only to those individuals who require to be acquainted with classified information in order to perform their official duties. 3. The Parties will ensure that:
  8. a)The Recipient Party will not release classified information to any third party without a prior written approval of the Originating Party;
  9. b)The Recipient Party will apply to classified information a protection degree equivalent to that applied to it by the Originating Party in accordance with Article 3 of this Agreement;
  10. c)The Recipient Party will use classified information only for the purposes for which it was provided;
  11. d)The Recipient Party will respect intellectual property and trade secrets, contained in classified information;
  12. e)Each NSA/CA will maintain a list of the clearances of individuals employed by NSA/CA who are authorised to have access to classified information. 4. All classified information transmitted between the Parties before this Agreement enters into force will be protected in compliance with its provisions. Article 5 Classified contracts 1. Should a contracting entity from the state of one Party conclude a classified contract with a contracting entity from the state of the other Party, the Originating Party should obtain a security assurance from NSA/CA of the Recipient Party before the transfer of classified information, that the contracting entity from its state has a security clearance corresponding to the required classification degree and is implementing appropriate security measures set by the Recipient Party to ensure the safety of classified information. Such classified contract will be concluded in accordance with national legislation. 2. NSA/CA of the Recipient Party is responsible for ensuring the protection of classified information during implementation of the classified contract in accordance with national legislation. 3. NSA/CA of the Originating Party will provide NSA/CA of the Recipient Party with a written list of released classified information. NSA/CA of the Recipient Party will confirm in writing the receipt of the list. Article 6 Translation, reproduction and destruction of classified information 1. Documents containing VISIŠKAI SLAPTAI/OCOБЛИBOÏ BAЖЛИBOCTI classified information will be translated and copied only on the written permission of the Originating Party. 2. All translations and reproductions of classified information will be made by individuals with security clearance issued pursuant to Article 4 of this Agreement. Such translations and reproductions will have appropriate security classification. The number of copies of such translations and reproductions will be limited to that required for official purposes. 3. The carriers of classified information will be destroyed beyond recognition or modified so as to prevent reconstruction of classified information in whole or in part in accordance with requirements of national legislation of the Recipient Party. 4. The carriers of VISIŠKAI SLAPTAI/OCOБЛИBOÏ BAЖЛИBOCTI classified information will not be destroyed – they will be returned to the Originating Party after they are recognised as no longer necessary or upon the expiration of their validity. Article 7 Transmission of classified information 1. Usually, classified information is to be transmitted between the Parties trough diplomatic channels. In specific cases NSAs/CA, in accordance with national legislation of the Parties, are entitled to approve transmission of classified information by other means than diplomatic channels. 2. In specific cases described in paragraph 1 of this Article the following requirements are to be met:
  13. a)the forwarder will possess a security clearance of an appropriate classification level;
  14. b)the Originating Party will retain a list of classified information being transferred and a copy of this list will be provided to the Recipient Party;
  15. c)classified information will be wrapped and sealed in compliance with national legislation of the Originating Party;
  16. d)acceptance of classified information of the Recipient Party will be confirmed in writing. 3. If transfer of a large quantity of classified information is required, NSAs/CA of the both Parties will mutually agree on and approve the means of transportation, the route and security arrangement for each case. 4. Electronic transmission of classified information will be carried out in encrypted form only (using cryptographic means and devices). Article 8 Visits 1. Where access to classified information of the state of the other Party is required in the course of one-time visit (up to 30 days) or recurring/long-term visit (up to one year), authorisation for visit must be obtained from the institution to be visited in accordance with national legislation of the host Party. 2. Request for visit will be sent to the respective institution to be visited at least 10 working days in advance. In exceptional circumstances the notice period may be shortened. 3. Request for visit will include (specify) visitor’s full name, date and place of birth, citizenship and passport number; visitor’s service identification and the name of the represented authority or entity; certificate indicating the level of security clearance of a visitor issued in accordance with national legislation; purpose of the visit and the assumed date of arrival and departure. 4. All visitors must comply with the security regulations of the host Party. Article 9 Breach of security legal requirements 1. In the case of a breach of legal requirements on the protection of classified information of the Recipient Party, the results of which have compromised classified information transferred pursuant to this Agreement or endangered it, the Originating Party will be informed immediately. 2. Each case of the breach of national legislation on protection of classified information as described in paragraph 1 of this Article must be subject of investigation and appropriate measures must be taken in accordance with national legislation of the Recipient Party. NSA/CA of the Originating Party must be informed of the results of such investigation. Article 10 Expenses One Party will not reimburse the other Party for expenses incurred in connection with implementation of this Agreement. Article 11 Dispute settlement and amendments 1. Any dispute regarding the interpretation or implementation of this Agreement will be resolved by negotiations between the Parties. 2. Amendments to this Agreement may be made by mutual written consent of the Parties and will enter into force in accordance with paragraph 1 of Article 12 of this Agreement. Article 12 Final provisions 1. This Agreement will enter into force on the date of the receipt of the last written notification on complying by the Parties with necessary provisions of national legislation. 2. This Agreement is concluded for unlimited period of time. 3. Each Party is entitled to terminate this Agreement in writing, observing the six-month notice period. Despite of the termination of the Agreement, all classified information transferred pursuant to this Agreement or generated by the contracting entity will continue to be handled in accordance with the provisions set forth in this Agreement as long as it is required by its classification level. Signed at Kiev on June 5, 2003 in duplicate in the Lithuanian, Ukrainian and English languages, all texts being equally authentic. In case of the divergence of interpretation of this Agreement, the English text will prevail. On behalf of the Government of the Republic of Lithuania On behalf of the Cabinet of Ministers of Ukraine

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