Įstatymas skelbtas: Žin

Įstatymas skelbtas: Žin REPUBLIC OF LITHUANIA LAW ON state secrets and official secrets 25 November 1999  No VIII-1443 (As last amended on 23 December 2010 – No XI-1266) Vilnius CHAPTER ONE GENERAL PROVISIONS Article 1. Purpose of the Law 1. This Law shall regulate the basic principles of and procedure for classifying, storing, using, declassifying of the information comprising a state or official secret, co-ordinating and controlling protection actions and set minimum requirements for separate fields of protection of classified information (personnel security, administration of classified information, physical security, security of classified contracts, protection of automated data processing systems and networks). 2. The classified information of foreign states, the European Union or international organisations released to the Republic of Lithuania shall be stored and used in accordance with the procedure laid down by international treaties of the Republic of Lithuania, decisions of international organisations based on these treaties and implementing them, legal acts of the European Union and this Law. In the cases when international treaties of the Republic of Lithuania and/or decisions of international organisations based on the treaties and/or implementing them and legal acts of the European Union set other requirements for the storage and use of classified information of foreign states or international organisations than specified in this Law, the provisions of the international treaties and/or decisions of international organisations based on the treaties and/or implementing them and legal acts of the European Union shall apply. Article 2. Definitions 1. “Classified information” shall mean the information recognised by an entity of secrets a state or official secret and related to the existence, essence or contents of documents, works, products or other objects as well as the documents, works, products or other objects recognised a state or official secret. 2. “State secret” shall mean the political, military, intelligence, counterintelligence, law enforcement, scientific and technical information classified in accordance with the procedure laid down by this Law, a loss or compromise of which may present a threat to the sovereignty, territorial integrity and defence power of the Republic of Lithuania, cause prejudice to state interests and pose a hazard to the human life. The list of categories of state secrets shall be determined by this Law. 3. “Official secret” shall means the political, military, economic, law enforcement, educational, scientific and technical information classified in accordance with the procedure laid down by this Law, a loss or compromise of which may inflict damage upon interests of the State or institutions thereof or create preconditions for a compromise of the information comprising a state secret and pose a hazard to human health. The list of categories of official secrets shall be determined by this Law. 4. “Classified document” shall mean the recorded information recognised as a state or official secret, regardless of the means of its recording and information-carrying media (graphic works performed by various means: hand-written, published in a printing house, typed, computer-written, painted or drawn; video or audio recordings, computer files, film and photo negatives, positives or other information arrays) as well as copies of such information-carrying media made in any manner or by any means. 5. “Classified products” shall mean a variety of installations, systems, weapons, military, computer and other technical equipment, complexes, aggregates, devices, software and chemical products recognised a state or official secret. 6. “Classified works” shall mean scientific, research, testing, design, technical maintenance works and technological processes recognised a state or official secret. 7. “Other classified objects” shall mean materials, liquids, gases, minerals, biological and other forms of matter which have been recognised a state or official secret and which, according to their properties or nature, cannot be ascribed to the concept of a document, products or works. 8. “Entities of secrets” shall mean the state and municipal institutions the activities of which are related to the classification and declassification of information, the use and/or protection of classified information, the agencies assigned to the sphere of regulation of such institutions, the undertakings whereto these institutions have granted the status of an entity of secrets upon co-ordination with the Commission for Secrets Protection Co-ordination. 9. “Originator of classified information” shall mean an entity of secrets that has prepared and classified information in accordance with the procedure laid down by this Law or the successor to rights thereof. An entity of secrets, except for a successor to the rights of the entity of secrets that has prepared and classified information, which has at his disposal or uses in his activities the information obtained in any manner, being of any nature and origin and prepared, classified and communicated thereto by another entity of secrets shall not be considered as the originator of classified information. 10. “Recipient of classified information” shall mean an entity of secrets or structural division thereof, a person, contractor (sub-contractor) that has obtained, in accordance with the procedure laid down by legal acts, the classified information prepared by another entity of secrets. 11. “Classification of information” shall mean the assignment of data to a state or official secret, application of an appropriate classification, laying down of a time period for classification and establishing required protection. 12. “Declassification of classified information” shall mean cancellation of a classification applied to data and established protection. 13. “Protection of classified information” shall mean application of protection measures and procedures against a loss or compromise of classified information. 14. “Personnel Security” shall mean the procedures which have been laid down for screening candidacies of the persons applying for authorisations to handle or familiarise with classified information or for security clearances and which allow to decide whether a person may be entrusted with classified information as well as the control and periodic instruction of a person holding an authorisation to handle or familiarise with classified information or a security clearance on requirements for the protection of classified information and statutory liability for violation thereof. 15. “Authorisation to handle or familiarise with classified information” shall mean a document issued in accordance with the procedure laid down by this Law and confirming a person’s right to handle or familiarise with the Republic of Lithuania information classified “Top Secret“, “Secret”, “Confidential” or to store or transport such information. 16. “Security clearance” shall mean a document issued in accordance with the procedure laid down by this Law and confirming a person’s right to handle or familiarise with the classified information released by foreign states or international organisations and classified “Top Secret“, “Secret”, “Confidential” or to store or transport such information. 17. “Consent for screening” shall mean a written consent of a person applying for an authorisation to handle or familiarise with classified information or for a security clearance whereby authorised institutions are granted the right to collect and obtain data on him and his contacts as well as the surroundings which influence the assessment of the person’s security and loyalty to the State of Lithuania. 18. “Pledge to protect classified information” shall mean a written commitment of a person holding an authorisation to handle or familiarise with classified information or a security clearance to protect the classified information entrusted or made known to him. 19. “Physical protection” shall mean the totality of the physical, mechanical, electronic and procedural security measures and methods ensuring the protection of the territories and premises in which classified information is handled or is stored against unauthorised access thereto and the protection of the classified information stored therein against seizure, other unauthorised acquisition, compromise and loss. It shall be applied by taking account of classifications of protected information, importance, volume of the information as well as assignment of such territories, premises or workstations to an appropriate security area. 20. “Security area” shall mean an established protected territory or premises intended for handling classified information and protection thereof. 21. “Administration of classified information” shall mean procedures for preparing, formalising, registering, sending, transporting, receiving, reproducing, protecting, destroying and accounting of the classified information which has been assigned different classifications. 22. “Subject to a consent of the originator of information” shall mean a reference denoting that a classified document may not be reproduced or distributed without a consent of the originator of classified information. 23. “Protection of automated data processing systems and networks (hereinafter referred to as “ADP systems and networks”)” shall mean the totality of the mechanical, software, procedural and electronic security measures ensuring the confidentiality of the classified information stored, processed and transmitted in ADP systems and networks, availability to authorised information users and the integrity and authenticity of such information. 24. “Classified contract” shall mean an agreement concluded between an entity of secrets and a legal or natural person on the carrying out, creation, purchase, sale, provision, physical protection, transportation and maintenance of certain works, products or other objects which are themselves or information on which is classified “Top Secret”, “Secret” or “Confidential”. 25. “Security of classified contracts” shall mean the application of classified information security measures and procedures in the course of the conclusion and execution of classified contracts. 26. “Contractor” shall mean a legal or physical person wherewith an entity of secrets is planning to conclude or has concluded a classified contract. 27. “Sub-contractor” shall mean a third party employed by the contractor for the implementation of part of a classified contract. 28. “Facility security clearance” shall mean a document issued in accordance with the procedure laid down by this Law and confirming that a contractor (sub-contractor) has implemented all classified information protection requirements necessary for the execution of a specific classified contract. The requirement to obtain a facility security clearance shall be applied where the contractor (sub-contractor) is a legal person. 29. “Institutions ensuring the security of classified contracts” shall mean the institutions implementing requirements for the security of classified contracts and exercising control prior to signing a classified contract and in the course of execution thereof. 30. “Consent of the contractor (sub-contractor) for inspection” shall mean a written consent of the contractor (sub-contractor) that needs to obtain a facility security clearance whereby the institutions ensuring the security of classified contracts are granted the right to collect and obtain data on the contractor (sub-contractor). 31. “Classification guide” shall mean a document drafted for the execution of specific classified contracts and specifying the classified information in use or planned to be created, establishing classifications of this information, time periods for classification and conditions of changing of the classifications or declassification of information. 32. “Employee” shall mean a public servant or a person employed under a work contract or a serviceman. 33. “Responsible person” shall mean a separate structural division (divisions) of an entity of secrets designated by a decision of the head of the entity of secrets or a person authorised by him, an employee or an employee appointed by a decision of the head of the contractor (sub-contractor) to organise and implement the administration, protection and control of the classified information held by the entity of secrets or the contractor (sub-contractor). 34. “ADP systems and networks” shall mean the body of the infrastructure comprising one or several computers, computer peripheral equipment and software and operating on the basis of information technologies, the purpose of which is to perform the functions of automated processing and storage of classified information, and electronic communications networks transmitting classified information (with the exception of public electronic communications networks). 35. “Departmental security accreditation authority” shall mean a structural division of an entity of secrets appointed or established by a decision of the head of the entity of secrets or a person authorised by him in accordance with the procedure laid down by legal acts and performing the functions of control of security of ADP systems and networks and issuance of authorisations for automated processing and transmission of classified information using the ADP systems and networks of the entity of secrets, the contractor (sub-contractor) thereof. 36. “User of classified information” shall mean an employee of an entity of secrets, the contractor (sub-contractor) authorised to handle or familiarise with classified information in accordance with the procedure laid down by legal acts. Article 3. Basic Principles of Organisation of the Protection of Classified Information 1. Information must be classified and declassified in conformity with the principles of lawfulness, validity and timeliness. 2. Information must be classified where it corresponds to at least one of the categories of information referred to in Article 7 of this Law and where disclosure or loss thereof is likely to pose a threat to interests of the State or institutions thereof, human life or legal interests of society. 3. A classification applied to information and the level of protection established for such information must be commensurate with the importance of classified information and the amount of the prejudice likely to be caused upon a compromise or loss of such information. 4. An entity of secrets that has classified information must ensure that the classified information, upon the cessation of necessity for classification or where the previously established level of protection of information, according to its importance, is not required any longer, is immediately declassified or such information is downgraded and the entities of secrets whereto such information has been released are notified thereof. 5. Classified information must, at all stages of administration thereof, be afforded required protection throughout the time period for classification thereof. 6. Classified information must be entrusted in strict compliance with the need-to-know principle. The need-to-know principle shall mean that classified information may be entrusted only to the persons holding appropriate authorisations to handle or familiarise with classified information and needing, in discharge of their official duties, to familiarise with classified information. A person may be entrusted with classified information of the volume required for the discharge of his duties. 7. In order to safeguard classified information, requirements for all areas of the protection of classified information (personnel security, administration of classified information, physical security, security of classified contracts, protection of ADP systems and networks) must be applied in the aggregate. 8. All breaches of requirements for the protection of classified information which may result or have resulted in a loss or compromise of classified information must be immediately reported to the head of an entity of secrets, and the latter must take appropriate measures to prevent further disclosure or loss of classified information and to minimise the adverse effects as well as immediately notify thereof authorised institutions. The institutions must, in accordance with the established procedure, conduct an enquiry to establish the facts of the breaches of requirements for the protection of classified information and to prosecute the persons liable therefor. Article 4. Right of Ownership of Classified Information, Release of Classified Information to Foreign States and International Organisations 1. Classified information, except for the information considered a secret of foreign states or international organisations, shall be the property of the Republic of Lithuania. 2. When acquiring into the ownership of the State the information which, according to its nature and importance, should be classified, but belongs by the right of ownership to a natural or legal person that is not an entity of secrets, he must be fairly recompensed. A decision on the acquisition of information into the ownership of the State shall be taken by the Government. The Republic of Lithuania Commission for Secrets Protection Co-ordination (hereinafter referred to as the Commission for Secrets Protection Co-ordination) shall, upon the recommendation of entities of secrets, assess the validity of the acquisition of such information and determine a possible recompense to the holder of the information. Where the holder of the information agrees with the proposed recompense, the entity of secrets shall address the Government for a relevant decision thereon to be taken. Where the holder of the information does not agree with the proposed recompense, information shall be taken into the ownership of the State upon a decision of the Government by recompensing the holder of such information at the price established by the Commission for Secrets Protection Co-ordination. The holder of the information may appeal against such a decision of the Government to courts in accordance with the procedure laid down by laws. 3. The information comprising a state secret may be released only to the states or international organisations with which the Republic of Lithuania has signed agreements on the reciprocal protection of classified information. Such information may be released to the states or international organisations with which the Republic of Lithuania has not signed an agreement on the reciprocal protection of classified information by a decision of the Commission for Secrets Protection Co-ordination. 4. The information comprising an official secret may be released to foreign states or international organisations upon a decision of the head of an entity of secrets or a person authorised by him, where this is required for the performance of functions of the entity of secrets. CHAPTER TWO MARKING, CLASSIFICATION, DECLASSIFICATION OF CLASSIFIED INFORMATION Article 5. Classification and Marking of Classified Information 1. Classified information shall be divided into top secret, secret, confidential and restricted information according to its importance, the amount of the prejudice likely to be caused to the State, institutions thereof or individuals upon a loss or disclosure of this information to unauthorised persons and the level of protection required to protect such information. 2. Classification “Top Secret” shall be applied to the information comprising a state secret, a loss or compromise of which may pose a threat to the sovereignty or territorial integrity of the Republic of Lithuania or cause exceptionally grave prejudice to state interests or pose a hazard to human life. 3. Classification “Secret” shall be applied to the information comprising a state secret, a loss or compromise of which may impair the defence capabilities of the State or cause prejudice to state interests or create preconditions for posing a hazard to human life or health. 4. Classification “Confidential” shall be applied to the information comprising an official secret, a loss or compromise of which may harm state interests or cause prejudice to activities of state institutions or create preconditions for a compromise of the information comprising a state secret. 5. Classification “Restricted” shall be applied to the information comprising an official secret, a loss or compromise of which may harm interests of state institutions. 6. Classifications, in decreasing order of importance, shall be the following: 1) “Top Secret”; 2) “Secret”; 3) “Confidential”; 4) “Restricted”. 7. The application of the classifications of information as specified in this Article to the information not specified by this Law shall be prohibited. Article 6. Classification of Information 1. Information shall be classified on the basis of the list of categories of information to be classified presented in Article 7 of this Law, detailed lists of information to be classified which have been drawn up by entities of secrets on the basis of the list and approved in accordance with the established procedure as well as the contents of specific information to be classified. 2. Classifications of information shall be applied or changed and the time periods for classification thereof shall be established by the entities of secrets which prepared the information in accordance with the procedure laid down by this Law. 3. The head of an entity of secrets’ structural division which has prepared and classified information in accordance with the established procedure shall be responsible for the classification of the information and application of valid classifications. Article 7. List of Categories of Information to be Classified 1. A state secret may comprise: 1) detailed data on the state military reserve and consolidated detailed data on the mobilisation reserve of material resources; 2) plans of activities of state and municipal institutions under the conditions of a state of emergency and war and mobilisation plans; 3) detailed data on the creation, use, production technologies, technical data of the technological protection means used for the protection of securities, documents, document forms, tax stamps, official markings, banknotes and coins against forgery; 4) detailed information on the use of technological processes for quality upgrading of armaments, military equipment and the technical means used in operational investigative activities; 5) detailed information on negotiations with foreign states or international organisations; the information related to the foreign states or international organisations, a loss or compromise of which may harm relations between the states, state interests or conclusion of treaties; 6) detailed information on the course, objects, contents and results of co-operation with the special services of foreign states or international organisations; 7) detailed data on organisation of the protection of state nuclear facilities; 8) detailed data on cable lines of the networks intended for the transmission of classified information, on systems of launching installations, electricity supply and non-cryptographic protection as well as detailed schemes thereof; 9) data on combination settings, enciphering equipment intended for the enciphering of classified information or protection thereof and on related documents, organisation and carrying out of enciphering operations; 10) data on the equipment and functioning of the information systems processing classified information, the protection means applied thereto; 11) detailed data on the use of radio frequencies and call signs in the event of a war or state of emergency as well as the structure of telecommunications networks, communication schemes and the use of interconnectors and telecommunications networks for the purposes of state security and defence; 12) plans of state defence, control and command of the army and other armed forces; 13) detailed data on the air space surveillance and control system used for state defence; 14) mobilisation plans of the deployment of the army and types thereof and other armed forces, a scheme for managing mobilisation notification and mobilisation deployment as well as information on actions of the army and other armed forces and on control of military units in the event of introduction of alert stages; 15) consolidated detailed data of a register handled by the Weaponry Fund of the Republic of Lithuania under the Ministry of the Interior of the Republic of Lithuania (hereinafter referred to as the “Weaponry Fund”), where the owner, manager, user of a weapon is an institution of the national defence system, institution of the system of the Interior or the system of the State Security Department or entities of operational investigative activities; 16) the information likely to disclose the identity of covert participants in operational investigative activities; 17) detailed data on the record file data of covert participants in operational investigative activities who are insured with state social insurance and compulsory health insurance, on state social insurance and compulsory health insurance contributions, income tax contributions and on the data of property and income declarations of these persons and their family members; 18) detailed data on the organisation, course and results of the operational investigative activities carried out by the structural divisions of the State Security Department as well as the Second Investigation Department under the Ministry of National Defence which are engaged in intelligence or counter-intelligence, the use of measures and methods, financing thereof, provision with technical means of operational investigative activities, other logistical support, the information obtained in the course of operational investigative activities as well as analytical information making use of the information obtained in the course of operational investigative activities; 19) detailed data on the organisation, course and results of the operational investigative activities carried out by entities of operational investigative activities and covert participants in operational investigative activities, the use of measures and methods, financing thereof, logistical support, the information obtained by covert participants in operational investigative activities in the course of the operational investigative actions and the analytical information prepared on the basis thereof; 20) the information which has been voluntarily submitted by present or former employees of or the persons engaged in covert co-operation with of the special services of other states to entities of operational investigative activities; 21) the classified data of a pre-trial investigation or criminal case assisting in the identification of a witness or a victim; 22) the data likely to disclose the identity of the persons who have been granted statutory protection against criminal pressure as well as information on the income tax contributions of these persons, detailed information on the organisation of protection of the said persons and financing thereof; 23) plans of operations to fight terrorism and sabotage; 24) the information related to covert intelligence staff members and the persons engaged in covert co-operation with intelligence services and the special guarantees applied thereto; 25) the information related to the legal persons ensuring operational investigative activities and providing favourable conditions therefor; 26) the analytical information prepared by institutions of national security and related to the assessment of external risks and threats; 27) data on the course of operations and composition of special mission military units of the national defence system; 28) detailed data on new technologies, scientific research, tests and results thereof which are of particular importance for state interests. 2. An official secret may comprise: 1) detailed data on the organisation of protection of classified information, accounting and managing of such information; 2) detailed data on the procedure for and course of screening candidacies of the persons applying for an authorisation to handle or familiarise with classified information as well as the detailed data collected thereon in the course of the screening, where such data are not assigned to a state secret; 3) detailed plans of pre-trial investigation institutions on search for and detention of the persons who have committed, are suspected of or are charged with criminal acts as well as on the organisation of complex means and operations; 4) detailed data on the organisation of protection of protected persons of state institutions or structural divisions thereof and important state and military objects, the protection systems in use, documents of design, construction and repairs of such objects; 5) information on the co-operation of entities of operational investigative activities with municipal institutions, undertakings, agencies and organisations for the purposes of operational investigative activities; 6) consolidated detailed data on the logistical support, quantitative and composition of special mission units of the Lithuanian army and entities of operational investigative activities; 7) consolidated detailed data on the state reserve of supplies; 8) data on a record file managed by special mission units of the Lithuanian army and entities of operational investigative activities of their officers insured with state social insurance and data on the funds of the aforementioned entities allocated for the state social insurance contributions and income tax contributions of officers thereof; 9) detailed data on the organisation and tactics of transportation of special cargoes; 10) detailed data on the provision of the Lithuanian army, institutions of the national defence system, institutions of the system of the Interior and entities of operational investigative activities with communication equipment and the procedure for using radio frequencies and call signs; 11) data on the inspection and verification of banks and other credit institutions, insurance undertakings, insurance brokers and the undertakings organising lotteries and gaming; 12) projects of fixing exchange rates of the national and base currency and data on the participants of the repurchase transactions executed by the Bank of Lithuania, parties to fixed-term deposits, participants of securities auctions of the Government and the Bank of Lithuania and their bids, liquidity loans; 13) information submitted in proposals of financial institutions on state borrowing in foreign and domestic capital markets and the application of financial derivatives; 14) consolidated detailed data on the organisation and implementation of guarding of the state border and related plans; 15) detailed plans of the organisational and technical development of the Lithuanian army, types thereof, other institutions of the national defence system and the armed forces; 16) consolidated detailed data on the provision of the Lithuanian army, other institutions of the national defence system and the armed forces, institutions of the system of the Interior, entities of operational investigative activities and the Weaponry Fund with weapons, firearms, explosives, combat equipment, special means as well as information on the provision of entities of operational investigative activities with the technical equipment of operational investigative activities; 17) detailed data on programmes and plans of production of weapons, firearms, explosives, combat equipment, special means, the technical equipment of operational investigative activities; 18) detailed data on funds of entities of operational investigative activities and expenditure  on the carrying out of the operational investigative activities, and procurement of weapons, firearms, explosives, combat equipment, special means and the technical equipment of operational investigative activities; 19) detailed data on the weapons, firearms, explosives, combat equipment, special means, technical means of operational investigative activities of institutions of the national defence system, institutions of the system of the Interior, entities of operational investigative activities, the Prosecutor’s Office, the Bank of Lithuania, the Weaponry Fund as well as rules for storing and accounting of personal safety and active defence, radiation and chemical safety, special decontamination means and engineering equipment, distribution and organisation of protection thereof; 20) detailed data on the organisation and course of the operational investigative activities of entities of operational investigative activities, the use of measures and methods, tasks, operations, financing thereof, results, logistical support, the information obtained in the course of operational investigative actions, where this information is not assigned to state secrets, as well as the analytical information prepared by entities of operational investigative activities and making use of the information obtained in the course of operational investigative actions; 21) the Republic of Lithuania topographic maps specifying characteristics of strategic objects, characteristics and purpose of military and state border guard objects as well as military purpose maps; 22) conclusion of a polygraph test and sound and/or image recordings made during the test; 23) (Repealed as of 1 May 2004); 24) information on conclusion of the contracts concerning privatisation of the undertakings referred to in paragraph 1 of Article 3 and paragraph 1 of Article 4 of the Law on Enterprises and Facilities of Strategic Importance to National Security and Other Enterprises Important in Ensuring National Security, where disclosure of such information would cause prejudice to state economic and political interests; 25) the information prepared by state institutions on the personal and professional characteristics of a candidate for the position of a diplomatic representative of the Republic of Lithuania which influence the taking of a decision on his appointment; 26) the content of a task at matura examinations or part thereof. 3. The classified information referred to in paragraph 1 of this Article may be classified as an official secret by a decision of the originator of information, where according to its contents and the amount of the prejudice likely to be caused to the State upon a compromise or loss thereof, such information does not require a higher classification. 4. Entities of secrets shall, on the basis of the list of categories of classified information, draw up detailed lists of the classified information related to their activities. The detailed lists of classified information must provide for classifications of classified information, time periods for classification or conditions of declassification of such information. The detailed lists of the classified information shall be approved and amended by heads of entities of secrets upon agreement with the Commission for Secrets Protection Co-ordination. Article 8. Time Periods for Classification 1. Information shall be classified for the following time periods: 1) the information classified “Top Secret” – for a time period of 30 years; 2) the information classified “Secret” – for a time period of 15 years; 3) the information classified “Confidential” – for a time period of 10 years; 4) the information classified “Restricted” – for a time period of 5 years. 2. The classified information whose disclosure may create preconditions for posing a hazard to human life or health shall be classified for a time period of 75 years. 3. The time period for classification of information shall start from the date of registration of classified information or its inclusion in records. 4. In the cases where it is expedient to classify information for a shorter period for classification than the one specified in paragraph 1 of this Article, the period for classification shall be entered next to the classification. 5. In the cases where classification of information is expedient only until a certain event upon taking place whereof classification of information ceases to be relevant, a specific event or other conditions of declassification of the information shall be specified next to the classification. 6. In the cases where a specific time period for classification cannot be established, although it is known that it is inexpedient to keep information classified during the whole period of classification as established by law or to automatically declassify it upon the expiry of the time period for classification as laid down by law or it is known that the classification of the classified information is going to be changed, the reference “ISS” (“declassified by a decision of an entity”) shall be entered next to the classification by a decision of the originator of information. 7. In the cases where the time period for classification of the information comprising a state secret must be longer than the one referred to in subparagraphs 1 and 2 of paragraph 1 of this Article, a decision on the issue shall be taken and the time period for classification shall be extended by the Commission for Secrets Protection Co-ordination upon recommendation of an entity of secrets. The time period for classification may be extended for up to 10 years. The number of extensions shall not be restricted. 8. In the cases where the time period for classification of the information comprising an official secret must be longer than the one referred to in subparagraphs 3 and 4 of paragraph 1 of this Article, a decision on the issue shall be taken and the time period for classification shall be extended by the originator of the classified information. The time period for classification may be extended for up to 5 years. The number of extensions shall not be restricted. 9. The time period for the extension of classification of information shall start from the day of the taking of a decision on the extension of the time period for classification of information. Article 9. Change of Classifications of Classified Information and Time Periods for Classification 1. The originator of classified information shall have the right, in accordance with the procedure laid down by this Law, to change the affixed classification and the established time period for classification of the information. All entities of secrets whereto the classified information has been passed shall be given written notice of such changes. 2. Where in performing his functions, the recipient of classified information needs to change an assigned classification or a time period for classification, he must, by submitting a justified request, address the originator of classified information. The recipient of classified information may change the assigned classification and the time period for classification only with a written consent of the originator of the information. Article 10. Declassification of Classified Information 1. Classified information shall be declassified where: 1) the time period for classification as established in Article 8 of this Law expires; 2) the expediency of classification ceases exist, although the established time period for classification has not expired yet. 2. Where the established time period for classification has not expired yet, classified information may be declassified only by a decision of the originator of classified information. 3. Upon the expiry of the established time period for classification, the information classified “Top Secret”, “Secret” and “Confidential” shall be declassified only by a decision of the originator of the classified information. Upon the expiry of the established time period for classification, the information classified “Restricted” shall be considered declassified without taking a separate decision, where the information has not be assigned an additional reference and the originator of the information has not notified of the extension of the time period for classification of the information. CHAPTER THREE COMPETENCE AND POWERS OF STATE INSTITUTIONS IN THE FIELD OF PROTECTION OF CLASSIFIED INFORMATION, RESPONSIBILITY OF INSTITUTIONS AND PERSONS FOR IMPLEMENTATION OF ACTIONS OF THE PROTECTION OF CLASSIFIED INFORMATION Article 11. Co-ordination of the Protection of Classified Information 1. Actions of the protection of the Republic of Lithuania information classified “Top Secret”, “Secret”, “Confidential” and implementation at institutions of the Republic of Lithuania of actions of the protection of the classified information released by foreign states, the European Union or international organisations to the Republic of Lithuania or the classified information prepared by joint actions of foreign states, the European Union or international organisations and the institutions of the Republic of Lithuania shall be co-ordinated by a collegial institution – the Commission for Secrets Protection Co-ordination. Regulations of the Commission for Secrets Protection Co-ordination shall be approved by the Government. The Commission for Secrets Protection Co-ordination shall have its blank and seal. 2. The Commission for Secrets Protection Co-ordination shall consist of six members – the President of the Republic, the Chairman of the Seimas, the Prime Minister shall each delegate two members. A citizen of the Republic of Lithuania who has service or work experience in the field of implementation of the policy of protection of classified information and who conforms to the requirements set forth by legal acts for the issuance of an authorisation to handle or familiarise with the information classified “Top Secret” and a security clearance granting the right to familiarise with the classified information released by foreign states, the European Union or international organisations and assigned a classification equivalent to “Top Secret” may be appointed to members of the Commission for Secrets Protection Co-ordination. The chairperson of the Commission for Secrets Protection Co-ordination shall be appointed by the Prime Minister from among the appointed members of the Commission. The deputy chairperson of the Commission for Secrets Protection Co-ordination shall be elected by members of the Commission. 3. A structural division of the State Security Department which carries out and exercises control over the actions of protection of classified information shall perform functions of the Secretariat of the Commission for Secrets Protection Co-ordination, and the head of this division shall be appointed Secretary of the Commission for Secrets Protection Co-ordination. Only the persons who have obtained, in accordance with the procedure laid down by this Law, an authorisation to handle and familiarise with the information classified “Top Secret” as well as a security clearance granting the right to familiarise with the classified information released by foreign states, the European Union or international organisation and assigned a classification equivalent to “Top Secret” may be Secretary and staff of the Secretariat of the Commission for Secrets Protection Co-ordination. The Secretariat of the Commission for Secrets Protection Co-ordination shall prepare material for sittings of the Commission for Secrets Protection Co-ordination, implement the decisions taken by the Commission for Secrets Protection Co-ordination on the instruction of this Commission and control the implementation of these decisions by entities of secrets, contractors (sub-contractors). 4. The Commission for Secrets Protection Co-ordination shall perform the following functions: 1) co-ordinate the implementation of provisions of the Republic of Lithuania international treaties on reciprocal protection of classified information, where necessary, initiate the conclusion of such treaties or denunciation of concluded treaties; 2) exercise control over the implementation of the actions required for the protection of the classified information released to the Republic of Lithuania by foreign states, the European Union or international organisations, perform other functions to ensure the security of the classified information passed to the Republic of Lithuania according to legal acts of the European Union or treaties of the Republic of Lithuania with the foreign states or international organisations; 3) issue security clearances to the persons who need, in discharging their duties, to handle or familiarise with the classified information released to the Republic of Lithuania by foreign states or international organisations and, on the grounds established by this Law, revoke the security clearances; 4) issue security clearances to the enterprises which enter into classified contracts in the course whereof classified information of a foreign state or an international organisation will be used or created; 5) establish the registry systems necessary for management of the classified information released to the Republic of Lithuania by foreign states, the European Union or international organisations, take decisions on the expediency of establishment of new registries of the classified information conveyed to the Republic of Lithuania or cancellation of previously established registries; 6) submit proposals on the improvement or repeal of this Law and other legal acts related to the protection of classified information, improvement of the system of legal regulation of classified information protection which is currently in force; 7) set requirements for specific fields of the protection of classified information (personnel security, physical security, security of classified contracts, security of ADP systems and networks storing, processing or transmitting classified information, administration of the classified documents released to the Lithuania by foreign states or international organisations) and control of the protection of classified information, provide entities of secrets, contractors (sub-contractors) with interpretations and methodological assistance on issues of the protection of classified information; 8) co-ordinate the decisions of entities of secrets on the granting of the status of an entity of secrets to the agencies or enterprises within their sphere of regulation; 9) co-ordinate the detailed lists drawn up by entities of secrets and containing the classified information related to activities thereof as well as amendments to the said lists and submit proposals and notes thereon to entities of secrets; 10) through the mediation of entities of secrets, decide issues on the possibility to issue security clearances or authorisations to handle or familiarise with classified information to the persons having double citizenship or the persons not meeting the qualification of permanent residence in the Republic of Lithuania referred to in subparagraph 2 of paragraph 2 of Article 16 of this Law; 11) upon the expiry of the time period for classification of information as established in subparagraphs 1 and 2 of paragraph 1 of Article 8 or paragraph 2 of Article 8 of this Law and on recommendation of entities of secrets, decide issues on the expedience of extension of the time period for classification; 12) resolve disputes between entities of secrets, also disputes between entities of secrets and other persons arising over classification of information, storage, use, declassification, and control of protection of classified information; 13) submit proposals to entities of secrets on the lawfulness of acquisition of the information which, according to its nature and importance, should be classified, but belongs by the right of ownership to an entity of secrets that is not a natural or legal person and the amount of a possible recompense to the holder of the information; 14) upon the submission of entities of secrets, decide issues on the possibility to release the information comprising a state secret to foreign states or international organisations wherewith no international treaties have been concluded on the reciprocal protection of classified information; 15) establish forms of a person’s, contractor’s (sub-contractor’s) consent for inspection, an authorisation to handle or familiarise with classified information, a security clearance and certificate confirming the issuance of this clearance, a questionnaire to obtain an authorisation to handle or familiarise with classified information, pledge of a person to protect classified information, classified contracts security questionnaire, a facility security clearance, forms of certificates of acceptance of the premises wherein classified information is stored as fit for use and the structure of the classification guide; 16) recognise the premises wherein the classified information released to Lithuania by foreign states or international organisations and assigned the classifications equivalent to “Top Secret” and “Secret” is stored or is planned to be stored as fit for storing such information; 17) on recommendation of entities of secrets, compile and approve a list of complementary markings indicating restrictions on the use of classified information. 5. Decisions of the Commission for Secrets Protection Co-ordination taken in performing the functions referred to in paragraph 4 of this Article shall be binding on entities of secrets, contractors, sub-contractors. In performing the function referred to in subparagraph 2 of paragraph 4 of this Article, the Commission for Secrets Protection Co-ordination shall have the right to assign the institutions responsible for specific fields of protection of classified information to carry out the actions provided for in treaties of the Republic of Lithuania or legal acts of the European Union. 6. The Commission for Secrets Protection Co-ordination shall seek to ensure that the information of the same importance in different entities of secrets be assigned the same classification and established the same level of protection. 7. Decisions of the Commission for Secrets Protection Co-ordination shall be adopted by the majority of votes of the Commission members participating at the meeting. In the event of a tie vote, the chairperson shall have the casting vote. A meeting of the Commission for Secrets Protection Co-ordination shall be valid if attended by at least 2/3 of members of the Commission. 8. The Commission for Secrets Protection Co-ordination shall be represented at state institutions and courts by the chairperson of the Commission, the deputy chairperson of the Commission or a member of the Commission authorised by the chairperson of the Commission. Specialists, experts in law and other fields may be involved in order to ensure the activities of the Commission for Secrets Protection Co-ordination. 9. Decisions of the Commission for Secrets Protection Co-ordination shall be published in accordance with the procedure laid down by laws and other legal acts. 10. Decisions of the Commission for Secrets Protection Co-ordination shall be appealed against in accordance with the procedure laid down by the Law of the Republic of Lithuania on Administrative Proceedings. Article 12. Implementation of the Protection of Classified Information 1. The policy of the protection of classified information shall be formulated by the Government and the Commission for Secrets Protection Co-ordination. The protection of classified information shall be organised and implemented by entities of secrets, contractors (sub-contractors) in accordance with the procedure laid down by this Law, the Government, the Commission for Secrets Protection Co-ordination, the institutions performing functions of the Security Accreditation Authority, the National Communications Security Authority, the National Distribution Authority and the authorities protecting against electromagnetic radiation, as well as the institutions ensuring the security of classified contracts. The remit of competence of the Security Accreditation Authority, the National Communications Security Authority, the National Distribution Authority, the authorities protecting against electromagnetic radiation and the functions in ensuring the protection of national classified information, the classified information released to the Republic of Lithuania by foreign states, the European Union or international organisations shall be specified by the Government. 2. The head of an entity of secrets shall be responsible for an overall organisation and condition of the protection of the classified information at the disposal of the entity of secrets. Heads of structural divisions, the persons authorised by them as well as the persons whereto information has been entrusted shall be responsible for the carrying out of requirements for the protection of classified information in the structural divisions of an entity of secrets wherein the classified information is stored or used. A person entrusted with classified information shall be directly liable for a loss or compromise of the said information. 3. Entities of secrets shall draw up and approve lists of the structural divisions which handle classified information or store the information classified “Top Secret”, “Secret” or “Confidential” and ensure that the classified information is used and stored only by the structural divisions entered in the lists. 4. Entities of secrets shall draw up lists of the positions subject to authorisations to handle or familiarise with classified information. 5. Entities of secrets shall draw up lists of the positions subject to security clearances. 6. The lists of positions referred to in paragraphs 4 and 5 of this Article must specify the highest category of classified information which the persons occupying the positions specified in a list may handle or familiarise with. 7. The persons in charge of the physical security of the information classified “Top Secret”, “Secret” or “Confidential” or authorised to transport the said information must hold authorisations to handle or familiarise with the information classified “Secret”. 8. In the entities of secrets or structural divisions thereof housing the classified information of the Republic of Lithuania, foreign states or international organisations, lists of the persons who have been issued authorisations to handle or familiarise with classified information or holding security clearances must be drawn up. Article 13. Special Commission of Experts 1. In entities of secrets, the protection of classified information shall be co-ordinated by the special standing commissions of experts formed by a decision of the head of an entity of secrets. They shall: 1) draft the legal acts of the entity of secrets related to the protection of classified information and supervise the implementation of these legal acts; 2) submit proposals to an entity of secrets on the issuance to persons of authorisations to handle or familiarise with classified information or revocation of issued authorisations; 3) submit proposals and conclusions on the validity of classification of information, changing of classifications, declassification or destruction of classified information; 4) organise checks of the condition of protection of the classified information at the disposal of an entity of secrets and submit proposals on the prevention of breaches of requirements for the protection of classified information, deal with other issues related to the protection of classified information. 2. Taking into consideration the volume of classified information, the head of an entity of secrets shall be permitted not to form a special commission of experts and to assign the performance of its functions to an authorised person. 3. Only the persons who have obtained, in accordance with the procedure laid down by this Law, an authorisation to handle or familiarise with classified information or, where an entity of secrets uses the classified information prepared by foreign states or international organisations, a security clearance may be members of a special commission of experts. The authorisations of the special commission of experts to handle or familiarise with classified information or the security clearances must be commensurate with the highest classification of the information at the disposal of the entity of secrets. Article 14. Duty to Appoint a Responsible Person By a decision of an entity of secrets or a person authorised by it or the head of the contractor (sub-contractor), a person must be appointed to be responsible for organisation and implementation of the administration, protection and control of the classified information at the disposal of the entity of secrets or the contractor (sub-contractor). CHAPTER FOUR PERSONNEL SECURITY Article 15. Authorisation to Handle or Familiarise with Classified Information and a Security Clearance 1. A position related to the use of the information of the Republic of Lithuania classified “Top Secret”, “Secret” or “Confidential” or to the protection of the said information shall be subject to appropriate authorisations to handle or familiarise with classified information. A position related to the use of the classified information of foreign states or international organisations assigned the classifications equivalent to “Top Secret”, “Secret” or “Confidential” or to the protection of the said information shall be subject to appropriate security clearances. The candidates selected for a position related to the use of classified information or to protection thereof may be appointed for the position upon prior screening of their candidacies and obtaining of a conclusion that the person meets the conditions referred to in paragraph 1 of Article 16 of this Article. 2. The position occupied by the President of the Republic, the Chairman of the Seimas and the Prime Minister shall entitle them to familiarise with classified information and to use it. 3. In the course of a pre-trial investigation or hearing a criminal case the file whereof contains classified information, the suspect (the accused) and counsel for the defence of the suspect (the accused) shall have the right, in accordance with the procedure laid down by the Code on Criminal Proceedings, to familiarise with the classified information contained in the file, except for the data assisting in the identification of a victim or witness who has been granted anonymity. 4. The persons listed in paragraph 3 of this Article shall, prior to granting to them the right to familiarise with classified information, be warned of criminal liability for a disclosure of classified information. The persons listed in paragraphs 5 and 6 of this Article must, prior to issuing to them a temporary authorisation to handle or familiarise with the classified information of the Republic of Lithuania, foreign states or international organisations, submit a written pledge of the set form to protect the classified information entrusted to them. 5. Upon the declaration in the Republic of Lithuania of a state of war or emergency or in the course of military operations and by a decision of the head of an entity of secrets or a person authorised by him, a person who does not hold an authorisation to handle classified information may be granted the right to familiarise with it, where such information is needed for the performance of the functions or carrying out of the tasks assigned to him. 6. …