between the Government of the Republic of Armenia and the Government of Georgia on EXCHANGE AND mutual protection of classified information

The Government of the Republic of Armenia and the Government of Georgia (hereinafter referred to as “the Parties”);

Recognising the need to define rules for the protection of classified information exchanged mutually within the framework of political, economic, legal, defence, law enforcement, scientific and technological or any other cooperation, as well as rules for the protection of classified information emerged during such cooperation;

Intending to ensure the mutual protection of classified information transmitted to each other by the States of the Parties;

Desiring to create — in accordance with the national legislation of the States of the Parties — an entity of rules for the mutual protection of classified information exchanged between the States of the Parties;

Have agreed as follows:

Article 1

Objective and subject matter

1. The objective of this Agreement is to ensure the protection of classified information generally created and exchanged between the States of the Parties.

 2. The Parties agree to carry out the mutual protection of classified information, in accordance with this Agreement, the national legislation of their States, as well as the recognised principles and norms of international law.

Article 2

Definitions

 For the purpose of this Agreement:

a) “classified contract” means an agreement between two or more contractors, which contains or includes classified information;

b) “classified information” means any information or material containing state secrets for Georgia and containing state and official secrets for the Republic of Armenia which, irrespective of its form or essence, requires protection from unauthorised manipulation and which has been classified pursuant to the national legislation of the States of the Parties;

c) “competent security authority” means the national security authority responsible for the implementation and supervision of this Agreement;

d) “contractor” means a natural or legal person authorised to conclude classified contracts;

e) “subcontractor” means a natural or legal person — hired by the contractor — authorised to conclude classified contracts;

f) “Facility security clearance” means the decision by the competent security authority, which attests that the legal person is empowered — as prescribed by the national legislation of the States of the Parties — with the authority to create and handle classified information;

g) “Need-to-know” principle means the need to access classified information within specific official duties;

h) “releasing Party” means the State of the Party which transmits classified information to the State of the other Party;

i) “Personnel security clearance” means the decision of the authorised authority of the Parties, which attests that the natural person is eligible — pursuant to the national legislation of the States of the Parties — to have access to classified information;

j) “recipient Party” means the State of the Party to which classified information is transmitted by the State of the other Party;

k) “third party” means any other state, its legal or natural person, as well as international organisation not party to this Agreement.

Article 3

Security classification levels

 1. The Parties agree that the following levels of security classification are equivalent and correspond to the levels of security classification clarified by the national legislation of their States.

2. The classified information marked as RESTRICTED (შეზღუდული სარგებლობისთვის) in Georgia shall be treated as the classified information marked as CONFIDENTIAL (Գաղտնի) in the Republic of Armenia.

Article 4

Competent security authorities

1. The competent security authorities of the Parties shall be:

For the Republic of Armenia:

National Security Service of the Republic of Armenia;

104 Nalbandyan street, Yerevan, Republic of Armenia

For Georgia:

Ministry of Internal Affairs of Georgia

10 Gulua street, Tbilisi, Georgia

2. The States of the Parties shall inform each other through diplomatic channels on any change related to the competent security authorities.

3. Upon request, the competent security authorities shall inform each other on the relevant national legislation of their States concerning the protection of classified information and shall exchange information on security criteria, procedures and practice with regard to protection of classified information.

Article 5

Protective measures and permission to deal with classified information

1. The States of the Parties shall, in accordance with their national legislation, undertake all the necessary measures for the protection of the classified information exchanged and emerged under this Agreement. Such classified information shall be afforded the same level of protection which is provided for — pursuant to Article 3 of this Agreement – the national classified information at the equivalent security classification level.

2. The releasing Party shall inform in writing the recipient Party on any change in the security classification level of the exchanged classified information.

3. Security clearance shall be — pursuant to “need-to-know” principle — limited to such persons who are permitted, according to the national legislation of the States of the Parties, to deal with classified information at the equivalent security classification level.

4. Within the framework of this Agreement, each Party shall recognise the Personnel security clearance and Facility security clearance granted pursuant to the national legislation of the State of the other Party. The security clearance shall be equivalent to the security classification levels envisaged in Article 3 of this Agreement.

5. Upon request, the competent security authorities shall, in accordance with the national legislation of the States of the Parties, assist each other in carrying out vetting procedures under the provisions of this Agreement.

6. Within the framework of this Agreement, the competent security authorities shall immediately inform each other on any change relating to the Personnel security clearance and/or Facility security clearance, in particular, on the termination and the reduction of the level thereof.

7. The recipient Party shall be obliged:

a) not to provide the exchanged classified information to any third party;

b) to mark the received classified information, in accordance with Article 3 of this Agreement;

c) to 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, courier service or by other means agreed between the competent security authorities. The recipient Party shall confirm in writing the receipt of classified information through diplomatic channels, courier service or by other means agreed between the competent security authorities.

2. Electronic transmission of classified information shall be carried out through the encryption means agreed by the competent security authorities.

Article 7

Reproduction and translation of classified information

1. Reproduction and translation of classified information shall be performed pursuant to the national legislation of the State of the recipient Party and the following procedures:

a) natural persons shall possess appropriate Personnel security clearance, pursuant to the national legislation of their States;

b) translations and reproductions shall be marked and kept in the same way as the original of classified information;

c) translations and reproductions shall be limited to the minimum required for official use;

d) translations shall bear a note in the translated language, which will indicate that it contains classified information received from the releasing Party.

 2. The number of translations and reproductions may be limited or excluded by the releasing Party.

 3. Information at the ”Հույժ գաղտնի/სრულიად საიდუმლო/SECRET” shall be translated or reproduced only upon prior written consent of the releasing Party.

 4. Information at the “Հատուկ կարևորության/განსაკუთრებული მნიშვნელობის/TOP SECRET” shall not be translated or reproduced by the recipient Party.

Article 8

Destruction of classified information

1. Classified information shall be destroyed in order to prevent its partial or complete reconstruction.

2. Prior to destruction of classified information the recipient Party shall inform in writing the releasing Party and carry out the destruction according to the national legislation of its State.

3. Information at the “Հատուկ կարևորության/განსაკუთრებული მნიშვნელობის/TOP SECRET” level shall not be destroyed, except for the cases envisaged by paragraph 5 of this Article. It 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 the English translation thereof shall be transmitted to the competent security authority of the releasing Party.

5. In case of crisis situation, when it is impossible to protect or to return the classified information transmitted or created under this Agreement, the classified information shall be destroyed immediately. The recipient Party shall immediately inform the releasing Party thereon.

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 in the territory of the State of the other Party, shall obtain, through the competent security authority, prior written approval from the competent security authority of the other Party, that the proposed contractor possesses appropriate Facility security clearance.

2. Each classified contract shall contain the following under this Agreement:

a) the obligation of the contractor to guarantee that the facilities of the latter have the necessary conditions to handle the classified information at the corresponding security classification level;

b) the obligation of the contractor to guarantee that the persons exercising duties required for dealing with classified information are granted the appropriate Personnel security clearance;

c) the obligation of the contractor to guarantee that all the persons possessing security clearance are informed, pursuant to the national legislation of their respective State, about their obligation to protect classified information;

d) the obligation of the contractor to carry out regular control of the security of its facilities;

e) the list of classified information and the list of the fields where classified information may be created;

f) the procedure for notification of the changes in the security classification level of the classified information;

g) the means and procedures for the transmission of classified information;

h) the relevant authorised natural or legal persons responsible for protecting the classified information dealt with classified contract;

i) the obligation of the contractor to transmit the copy of the classified contract to its competent security authority;

j) the obligation of the contractor to notify its competent security authority on any real or suspected loss, leakage or disclosure of and unauthorised access to classified information;

k) the obligation of the subcontractor to undertake the same security measures envisaged for the contractor as obligation.

3. Upon commencement of preliminary contract negotiations between a contractor in the territory of the State of one Party and another contractor located in the territory of the State of the other Party, the objective of which is the signature of classified contracts, the competent security authority shall inform the competent security authority of the other Party on the security classification level of the preliminary contract negotiations.

4. A copy of classified contract shall be transmitted to the competent security authority of the State of the Party where the work is to be performed, for the purpose of ensuring relevant control and supervision.

5. The representatives of the competent security authorities may pay a visit to the territory of the State of the other Party to assess the effectiveness of the measures adopted by the contractor for protecting the classified information dealt with classified contract. Notification on the visit shall be submitted at least twenty days prior to the visit.

6. Upon written consent of the competent security authority of the recipient Party, the contractor shall be entitled to hire a subcontractor.

Article 10

Visits

1. In case of visits to the State of one of the Parties, related to the possibility of dealing with classified information, visiting persons shall obtain relevant written consent of the competent security authority of the host State.

2. The citizens of the State of one of the Parties will be permitted to visit the State of the other Party, with the possibility to deal with classified information, if they have appropriate Personnel security clearance and are authorised to access the classified information or deal with it, in accordance with the national legislation of their States.

3. The competent security authority of the one Party shall receive from the competent security authority of the other Party a request on visit at least thirty days prior to the visit.

4. In urgent cases, the request on the visit shall be performed at least seven days prior to the visit.

5. The request on the visit shall contain:

a) name and surname of the visitor, date and place of birth, citizenship, number of the passport or identification document;

b) name of the legal person represented by the visitor;

c) name and address of the legal person to be visited;

d) valid Personnel security clearance of the visitor;

e) purpose and subject matter of the visit;

f) planned date and duration of the visit. In case of regular visits, the total period of the visit shall be mentioned;

g) official requisites of the competent security authority and date thereon.

6. Upon approval of the visit, the competent security authority of the host State shall provide the authorised officials of the legal person to be visited with the copy of the request.

7. The States of the Parties may prepare the list of persons authorised to pay regular visits.

Article 11

Breach of security

1. In case of breach of security, which is an actual or alleged threat to the classified information originated or received from the State of the other Party, the competent security authority of the Party, where breach of or threat to the security has taken place, shall, in accordance with the national legislation of its State, as soon as possible, inform the competent security authority of the other Party thereof and undertake relevant investigation.

2. The competent security authority of the releasing Party shall, upon request, assist the investigation, in accordance with paragraph 1 of this Article.

3. The competent security authority of the recipient Party shall inform on the results of the investigation and shall send a final report on the extent and reasons of the damage to the competent security authority of the releasing Party.

Article 12

Expenses

 The Parties shall carry out any activities envisaged by the provisions of this Agreement at the expense of their States, unless otherwise agreed by the Parties on a case-by-case basis.

Article 13

Settlement of disputes

 Any dispute or discrepancy with regard to interpretation or application of this Agreement shall be settled between the Parties through negotiations and/or consultations and shall not be submitted to any third party, international court, arbitration or tribunal for settlement.

Article 14

Amendments and supplements

 Upon mutual written consent of the Parties, amendments and supplements may be made to this Agreement at any time. It will be drawn in a separate protocol, which shall constitute an integral part of this Agreement and shall enter into force as prescribed by paragraph 1 of Article 15.

Article 15

Final provisions

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

 2. Each Party may, at any time, terminate this Agreement by a written notification addressed through diplomatic channels to the other Party. In this case, the termination shall enter into force six months after receipt of the corresponding notification.

 3. Irrespective of termination of this Agreement, the Parties shall guarantee that all the classified information shall be protected, until the releasing Party waives the recipient Party from that obligation.

 Done in Tbilisi on 19 June 2014, in two original copies, both in the Armenian, Georgian and English languages. All the texts are equally authentic. In case of differences in the interpretation of the provisions of this Agreement, the English text shall prevail.

The Agreement has entered into force on 1 April 2015.