A G R E E M E N T

between the Government of the Republic of Armenia and the Government of the Slovak Republic on Mutual Protection of Classified Information

The Government of the Republic of Armenia

and

the Government of the Slovak Republic

(hereinafter referred to as "the Parties");

Recognising the need to define the legal relationships for protection of classified information exchanged mutually within the framework of political, military, economic, legal, scientific and technological or any other cooperation;

Intending to ensure mutual protection of all types of classified information marked in the State of one Party and transmitted to the State of the other Party;

Desiring to create a set of rules for mutual protection of classified information exchanged between the States of the Parties;

Taking into account mutual interests with regard to the protection of classified information in accordance with the legislation of the States of the Parties;

Have agreed as follows:

Article 1

Objective

The objective of this Agreement is to ensure protection of Classified Information exchanged between the States of the Parties or created within the framework of their cooperation.

 Article 2

Definitions

The terms used in this Agreement shall be:

a) "Classified Information" means any information or material which, irrespective of its form or nature, requires protection from unauthorised access and which has been marked in accordance with the national legislation of the States of the Parties;

b) "Releasing Party" means the State of the Party which transmits Classified Information to the State of the other Party;

c) "Recipient Party" means the State of the Party to which Classified Information is transmitted from the State of the other Party;

d) "Competent Security Authority" means the national security body responsible for the implementation and supervision of this Agreement;

e) "Contractor" means an individual or a legal entity having legal capacity to conclude Classified Contracts;

f) "Classified Contract" means an agreement between Contractors, which contains or includes Classified Information;

g) "Facility Security Clearance" means the decision of the Competent Security Authority, which attests that the legal person has the physical and organisational capability to use and keep Classified Information, in accordance with the respective national legislation;

h) "Personnel Security Clearance" means the decision of the Competent Security Authority, which attests that an individual is eligible to have access to Classified Information in accordance with the respective national legislation;

i) "Need-to-know" means the need to have access to Classified Information in the scope of a given official position or for the performance of a specific task;

j) "Third Party" means any state, organisation, individual or legal entity not party to this Agreement.

Article 3

Levels of Security Classification

The Parties agree that the following levels of security classification are equivalent and correspond to the levels of security classification stated in national legislations.

For the Republic of Armenia	For the Republic of Slovakia	Equivalent in English
ՀԱՏՈՒԿ ԿԱՐԵՎՈՐՈՒԹՅԱՆ	PRÍSNE TAJNÉ	TOP SECRET
Հույժ գաղտնի	TAJNÉ	SECRET
ԳԱՂՏՆԻ	DÔVERNÉ	CONFIDENTIAL

The Government of the Republic of Armenia shall ensure the same level of protection for the Classified Information marked VYHRADENÉ/ RESTRICTED as for Classified Information marked ԳԱՂՏՆԻ/ DÔVERNÉ/ CONFIDENTIAL.

Article 4

Competent Security Authorities

1. The Competent Security Authorities are:

For the Republic of Armenia:

National Security Service of the Republic of Armenia

104 Nalbandyan Street

Yerevan 0001

Republic of Armenia

For the Slovak Republic:

National Security Authority

Budatinska 30

850 07 Bratislava

Slovak Republic

2. The Parties shall inform each other through diplomatic channels of any change in contact details of the Competent Security Authorities.

3. Upon request, the Competent Security Authorities shall inform each other on respective relevant national legislation and shall exchange information on security criteria, procedures and practice with regard to protection of Classified Information.

Article 5

Protective Measures and Access to Classified Information

1. In accordance with their national legislations, the States of the Parties shall undertake all necessary measures for protection of the Classified Information exchanged and created under this Agreement. Such Classified Information shall be afforded the same level of protection as is provided for own Classified Information with equivalent level of security classification in accordance with Article 3.

2. The Releasing Party shall inform in writing the Recipient Party of any change in the level of security classification of the transmitted Classified Information.

3. Access to Classified Information shall be limited to persons on the basis of a Need-to-know principle who are authorized in accordance with national legislation to have access to Classified Information of the equivalent level of security classification.

4. State of one Party shall recognise the Personnel or Facility Security Clearances issued in accordance with the national legislation of the State of the other Party; they shall be equivalent in accordance with Article 3.

5. The Competent Security Authorities shall, in accordance with the national legislation of their State, assist each other, upon request, during the vetting procedures.

6. The Competent Security Authorities shall without delay inform each other of any change relating to the Personnel or Facility Security Clearances, in particular, of the withdrawal or downgrading of their level of security classification.

7. The Recipient Party shall:

a) provide Classified Information to any Third Party only upon prior written consent of the Releasing Party;

b) mark the received Classified Information, in accordance with Article 3;

c) use Classified Information only for the purposes for which it has been released.

Article 6

Transmission of Classified Information

1. Classified Information shall be transmitted through diplomatic channels, unless otherwise agreed by the Competent Security Authorities. The Recipient Party shall confirm in writing the receipt of Classified Information.

2. Electronic transmission of Classified Information shall be carried out through encryption means approved by the Competent Security Authorities.

Article 7

Reproduction and Translation of Classified Information

1. Reproductions and translations of Classified Information shall be performed in accordance with the national legislation of the State of the Recipient Party and the following procedures:

a) Individuals shall have the relevant Personnel Security Clearance, in accordance with the national legislation of their States;

b) translations and reproductions shall be inscribed and kept in the same way as the original of Classified Information;

c) translations and the quantity of copies shall not exceed the quantity necessary for the official use;

d) translations shall bear a note in the language of translation , which will indicate that it comprises Classified Information received from the Releasing Party.

2. Classified Information marked ՀՈՒՅԺ ԳԱՂՏՆԻ/TAJNÉ / SECRETor above shall be translated or reproduced only upon prior written consent of the Releasing Party.

Article 8

Destruction of Classified Information

1. Classified Information shall be destroyed in a manner preventing its partial or complete reconstruction.

2. Classified Information marked up to ԳԱՂՏՆԻ /DÔVERNÉ/ CONFIDENTIAL. shall be destroyed in accordance with the national legislation of the Recipient Party.

3. Classified Information marked ՀՈՒՅԺ ԳԱՂՏՆԻ/TAJNÉ/ SECRET or above shall not be destroyed, but shall be returned to the Competent Security Authority of the Releasing Party.

4. A report shall be prepared with regard to the destruction of Classified Information, and its English translation shall be transmitted to the Competent Security Authority of the Releasing Party.

Article 9

Classified Contracts

1. The State of one of the Parties, which is willing to conclude a Classified Contract with the Contractor of the State of the other Party, or is willing to authorise one of its Contractors to conclude a Classified Contract, under a classified project, in the territory of the State of the other Party, shall obtain, through the Competent Security Authority, prior written confirmation from the other Competent Security Authority, that the proposed Contractor possesses the relevant Facility Security Clearance.

2. Each Classified Contract concluded under this Agreement shall comprise the following:

a) the obligation of the Contractor to guarantee that its facilities meet the necessary conditions to work with and keep the Classified Information of corresponding level of security classification;

b) the obligation of the Contractor to guarantee that individuals exercising duties requiring permission for dealing with Classified Information have got relevant Personnel Security Clearance;

c) the obligation of the Contractor to guarantee that all individuals possessing Personnel Security Clearance are informed, in accordance with the national legislation, about their obligations towards Classified Information;

d) the obligation of the Contractor to carry out regular security inspections of its facilities;

e) the list of Classified Information and the list of the areas where Classified

Information may be kept or created;

f) communication procedures with regard to any change in the level of security classification of Classified Information;

g) the list of communication and electronic transmission means;

h) the procedure for the transportation of Classified Information;

i) the list of appropriate authorised individuals or legal entities in charge of the coordination of the protection of the Classified Information related to the Classified Contract;

j) the obligation of the Contractor to notify of any real or suspected loss, leak or unauthorised declassification of Classified Information;

k) the obligation of the Contractor to transfer to its Competent Security Authority a copy of the Classified Contract.

3. Upon commencement of preliminary contract negotiations between a Contractor in the territory of the State of one Party and a Contractor located in the territory of the State of the other Party, the objective of which is the signing of Classified Contracts, the Competent Security Authority shall inform the State of the other Party about the level of the security classification assigned to the Classified Information related to the preliminary contract negotiations.

4. The representatives of the Competent Security Authorities may visit each other to analyse the effectiveness of the measures adopted by the Contractor for protection of the Classified Information involved in the Classified Contract. Notice of the visit shall be submitted at least 20 (twenty) days prior to the visit.

Article 10

Visits

1. Visits of the nationals of the State of one Party to the Classified Information of the State of the other Party, which involve access to Classified Information, shall be subject to prior written approval of the Competent Security Authority of the host State.

2. Visits involving access to Classified Information shall be authorized by the State of one Party to the visitors of the State of the other Party only if they have the relevant Personnel Security Clearance and are authorised to receive or use Classified Information, in accordance with their national legislation.

3. The visits involving access to Classified Information by nationals of a third state, shall be authorized only upon mutual written consent of the States of the Parties through their Competent Security Authorities.

4. The Competent Security Authority of the host State shall receive a request for visit at least 20 (twenty) days prior to the visit.

5. In urgent cases, the request for visit shall be communicated at least 7(seven) days prior to the visit.

6. The request for visit shall comprise:

a) Name and surname of the visitor, date and place of birth, nationality, number of the passport or other identification document;

b) name of the organisation or legal entity represented by the visitor;

c) name and address of the organisation or legal entity to be visited;

d) confirmation of the Personnel Security Clearance of the visitor and the validity thereof;

e) object and purpose of the visit;

f)  planned date and duration of the requested visit. In case of recurring visits, the total period of the visits shall be stated;

g) stamping of the official seal of the Competent Security Authority, signature and the date.

7. After the request for visit is approved, the Competent Security Authority of the host State shall provide its copy to the officials of the organisation or legal entity to be visited.

8. The validity of the approval of the visit shall not exceed one year.

9. The Competent Security Authorities may prepare list of individuals authorised to pay recurring visits. The lists shall be valid at maximum for 12 (twelve) months. The conditions of the respective visits shall be directly agreed with the officials of the organisation or legal entity to be visited, in accordance with the priorly agreed terms and conditions.

Article 11

Breach of Security

1. In case of breach of security, which takes place in the territory of the Recipient Party and is a real or suspected loss, leak or unauthorised declassification of Classified Information, the Competent Security Authority shall inform the Competent Security Authority of the other Party and, undertake relevant investigation in accordance with its national legislation.

2. Where the breach of security takes place in the Third Party, the Competent Security Authority of the Releasing Party shall undertake the actions stated in Paragraph 1.

3. The Competent Security Authority of the other Party shall, upon request, cooperate in the investigation and shall be informed on the results of the investigation and shall receive the English translation of the final information on the reasons and the extent of the damage.

Article 12

Expenses

Each Party shall bear its own expenses with regard to application and supervision of this Agreement.

Article 13

Settlement of Disputes

Any dispute with regard to interpretation or application of this Agreement shall be settled between the Parties through negotiations by the Competent Security Authorities.

Article 14

Final provisions

1. This Agreement is concluded for an indefinite period of time and enters into force on the first day of the second month following the receipt of the last written notification of the Parties through diplomatic channels on the completion of all the internal procedures of the States of the Parties necessary for its entry into force.

2. Upon mutual written consent of the Parties, amendments and supplements may be made to this Agreement at any time. It will form a separate document and will enter into force as stated in Paragraph 1.

3. Either Party may, at any time, terminate this Agreement by a written notice of termination to the other Party through diplomatic channels. In such case, the termination shall enter into force 6 (six) months after receipt of the termination notice by the other Party.

4. Notwithstanding the termination of this Agreement, the Parties shall ensure that all Classified Information will continue to be protected until the Releasing Party dispenses the Recipient Party from this obligation in written form.

Done at Bratislava on November 11, 2014 in two originals, both in the Armenian, Slovak and English languages, all texts being equally authentic. In case of discrepancies in the interpretation of the provisions of this Agreement, the English text shall prevail.

The Agreement has entered into force on 1 September 2015.