A G R E E M E N T

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

The Government of the Republic of Armenia and the Government of the Federal Republic of Germany, hereinafter referred to as "the Contracting Parties",

Intending to ensure the protection of classified information that is exchanged between the competent authorities of the Republic of Armenia and the Federal Republic of Germany as well as with contractors in the territory of the other Contracting Party or between contractors of the two Contracting Parties,

Desirous of laying down an arrangement on the mutual protection of classified information that shall apply to all agreements on cooperation concluded and to be concluded between the Contracting Parties and to contracts involving an exchange of classified information,

Have agreed as follows:

Article 1

Scope of the Agreement

The Contracting Parties will cooperate in the field of protection of classified information in accordance with this agreement, their respective national laws and regulations, taking into account the principles of international law.

Article 2

Definitions

(1) For the purposes of this Agreement

1. classified information is

(a) in the Republic of Armenia:

the information protected by the State in the fields of its military, foreign relations, economic, scientific and technical, intelligence, counterintelligence, operative-search activities, the dissemination of which may cause damage to the security of the Republic of Armenia;

(b) In the Federal Republic of Germany:

facts, items or intelligence which, regardless of how they are presented, are to be kept secret in the public interest. They shall be classified by, or at the instance of, an official agency in accordance with their need for protection.

2. a classified contract is

a contract between an authority or an enterprise from the country of one Contracting Party (contracting officer) and an enterprise from the country of the other Contracting Party (contractor); under such contract, classified information from the country of the contracting officer is to be released to the contractor, is to be developed by the contractor or is to be made accessible to members of the contractor's staff who are to perform tasks in facilities of the contracting officer.

The levels of security classification are defined as follows:

1. In the Republic of Armenia, classified information is

(a) "Հույժ գաղտնի" - if knowledge of it by unauthorized persons may cause severe consequences for the security of the Republic of Armenia.

(b) "Գաղտնի" - if knowledge of it by unauthorized persons may cause damage to the security of the Republic of Armenia".

2. In the Federal Republic of Germany, classified information is

(a) GEHEIM if knowledge of it by unauthorized persons may pose a threat to the security of the Federal Republic of Germany or one of its states, or may cause severe damage to their interests,

(b) VS-VERTRAULICH if knowledge of it by unauthorized persons may be damaging to the interests of the Federal Republic of Germany or one of its states,

(c) VS-NUR FUR DEN DIENSTGEBRAUCH if knowledge of it by unauthorized persons may be disadvantageous to the interests of the Federal Republic of Germany or one of its states.

 Article 3

Comparability

The Contracting Parties stipulate that the following security classifications shall be comparable:

The Armenian side shall provide for VS-NUR FUR DEN DIENSTGEBRAUCH the same protection as for "Գաղտնի" level.

Article 4

Marking

(1) Transmitted classified information shall be marked with the comparable national security classification as provided under Article 3 by, or at the instance of, the competent authority of the recipient.

(2) Classified information which is generated in the receiving country in connection with classified contracts as well as copies made in the receiving country shall also be marked.

(3) Security classifications shall, at the request of the competent authority of the originating country, be amended or revoked by, or at the instance of, the competent authority of the recipient of the given classified information. The competent authority of the originating country shall immediately inform the competent authority of the other Contracting Party of amendments or revocations of a security classification.

Article 5

Measures at the National Level

(1) Within the scope of their national legislation, the Contracting Parties shall take all appropriate measures to guarantee the security protection of classified information generated, exchanged or held under the terms of this Agreement. They shall afford such classified infor-mation a degree of security protection at least equal to that required by the receiving Contracting Party for its own classified information of the comparable level of security classification.

(2) The classified information shall be used solely for the designated purpose. The receiving Contracting Party shall not disclose or use, or permit the disclosure or use of, any classified information except for the purposes and within any limitations stated by or on behalf of the originating Contracting Party. The originator of the classified information must have given his written consent to any arrangement to the contrary.

(3) Access to classified information may be granted only to persons having a need-to- know on account of their duties and having been authorized to have access to classified information of the comparable level of security classification. Security clearance shall be granted only after completion of security screening under standards no less stringent than those applied for access to national classified information of the comparable level of security classification.

(4) Access to classified information at the "VS-VERTRAULICH/Գաղտնի" level or higher by a person holding the nationality of a Contracting Party shall be granted without prior authorization of the originating Contracting Party.

(5) Personal Security Clearances for nationals of the Contracting Party residing, and requiring access to classified information, in their own country shall be undertaken by their National Security Authorities (NSAs)/Designated Security Authorities (DSAs) or other competent national authorities.

However, Personal Security Clearances for nationals of one Contracting Party who are legally resident in the country of the other Contracting Party and apply for a security-sensitive job in that country shall be undertaken by the competent security authority of that country, conducting overseas checks as appropriate with the assistance of the competent authority of the other Contracting Party in accordance with its national laws and regulations.

(6) The Contracting Parties shall, each within its territory, ensure that the necessary

security inspections are carried out and that this Agreement is complied with.

Article 6

Award of Classified Contracts

(1) Prior to the award of a classified contract, the contracting officer shall, through his competent authority, obtain a Facility Security Clearance from the competent authority of the contractor in order to obtain assurance as to whether the prospective contractor is subject to security oversight by the competent authority of this country and whether he has taken the security precautions required for discharging the performance of the contract. Where a contractor is not yet subject to security oversight, an application may be made to that end.

(2) A Facility Security Clearance shall also be obtained if an enterprise has been requested to submit a bid and if classified information will have to be released prior to the award of a contract under the bid procedure.

(3) In the cases referred to in paragraphs (1) and (2) above, the following procedure shall be applied:

1. Requests for the issuance of a Facility Security Clearance for contractors from the country of the other Contracting Party shall contain information on the project as well as the nature, the scope and the level of security classification of the classified information expected to be released to the contractor or to be generated by him.

2. In addition to the foil name of the enterprise, its postal address, the name of its security official, its telephone and fax number and, if applicable, its e-mail address, Facility Security Clearances must include information in particular on the extent to which, and the level of security classification up to which, security measures have been taken by the respective enterprise on the basis of national laws and regulations.

3. The competent authorities of the Contracting Parties shall inform each other of any changes in the facts covered by issued Facility Security Clearances.

4. The exchange of such information between the competent authorities of the Contracting Parties shall be effected either in the respective national language accompanied by an English translation or in English.

5. Facility Security Clearances and requests addressed to the respective competent authorities of the Contracting Parties for the issuance of Facility Security Clearances shall be transmitted in writing.

Article 7

Performance of Classified Contracts

(1) Classified contracts must contain a security requirement clause under which the contractor is under an obligation to make the arrangements required for the protection of classified information pursuant to the national laws and regulations of his country.

(2) In addition, the security requirement clause shall contain the following provisions:

1. the definition of the term "classified information" and of the comparable levels of protective markings and security classifications of the two Contracting Parties in accordance with the provisions of this Agreement;

2. the names of the competent authority of each of the two Contracting Parties empowered to authorize the release and to coordinate the safeguarding of classified information related to the contract;

3. the channels to be used for the transfer of classified information between the competent authorities and contractors involved;

4. the procedures and mechanisms for communicating changes that may arise in respect of classified information either because of changes in its protective markings or because protection is no longer necessary;

5. the procedures for the approval of visits, or access, by personnel of the contractors;

6. the procedures for transmitting classified information to contractors where such information is to be used or held;

7. the requirement that the contractor shall grant access to classified information only to a person who has a need-to-know and has been charged with, or contributes to, the performance of the contract and has been security cleared to the appropriate level in advance;

8. the requirement that classified information shall only be disclosed, or the disclosure of classified information shall only be permitted, to a third party if this has been approved by the Contracting Party;

9. the requirement that the contractor shall immediately notify his competent authority of any actual or suspected loss, leak or unauthorized disclosure of the classified information covered by the contract.

(3) The competent authority of the contracting officer shall provide the contractor with a separate list (classification guide) of all documentary records requiring security classification, shall determine the required level of security classification and shall arrange for this list to be enclosed as an appendix to the classified contract. The competent authority of the contracting officer shall also transmit, or arrange for the transmission of, the list to the competent author-ity of the contractor.

(4) The competent authority of the contracting officer shall ensure that the contractor will be given access to classified information only after the pertinent Facility Security Clearance has been received from the competent authority of the contractor.

 Article 8

Transmission of Classified Information

(1) As a matter of principle, classified information at the "VS-VERTRAULICH/ Գաղտնի" and "GEHEIM/Հույժ գաղտնի" levels shall be transmitted from one country to another by official courier. The National Security Authorities/Designated Security Authorities of the Contracting Parties may agree on alternative channels of transmission. Receipt of classified information shall be confirmed by, or at the instance of, the competent authority and the classified information shall be forwarded to the recipient in accordance with national laws and regulations.

(2) For a specifically designated project, the competent authorities may agree - generally or subject to restrictions - that classified information at the ''VS-VERTRAULICH/Գաղտնի" and "GEHEIM/Հույժ գաղտնի" levels may be transmitted through channels other than official courier if reliance on the official courier service would cause undue difficulties for such transportation or for the execution of a contract. In such cases

1. the bearer must be authorized to have access to classified information of the comparable level of security classification;

2. a list of the items of classified information transmitted must be retained by the dispatching agency; a copy of this list shall be handed over to the recipient for forwarding to the competent authority;

3. items of classified information must be packed in accordance with the regulations governing transportation within national boundaries;

4. items of classified information must be delivered against receipt;

5. the bearer must carry a courier certificate issued by the competent authority of the dispatching or the receiving agency.

(3) Where large volumes of classified information are to be transmitted, the means of transportation, the route, and the escort shall be determined on a case-by-case basis and on the basis of a detailed transport plan by the competent authorities.

(4) The electronic transmission of classified information at the "VS-VERTRAULICH/ Գաղտնի" level and higher must not take place in an unencrypted form. Classified information of these levels of security classification may only be encrypted by encryption means approved by mutual agreement by the competent security authorities of the Contracting Parties.

(5) Classified information at the "VS-NUR FUR DEN DIENSTGEBRAUCH" level may be transmitted by post or other delivery services to the territory of the other Contracting Party, taking into account national laws and regulations.

(6) Classified information at the "VS-NUR FUR DEN DIENSTGEBRAUCH" level may be electronically transmitted or made available by means of commercial encryption devices approved by the competent national authority of the Contracting Party. Classified information of this level of security classification may only be transmitted in an unencrypted form provided that this is not in contradiction with national laws and regulations, that no approved encryption means are available, transmission is effected within fixed networks only and the sender and the recipient have reached agreement on the proposed transmission in advance.

Article 9

Visits

(1) As a matter of principle, it is only with the prior permission of the competent authority of the Contracting Party the country of which is to be visited that visitors from the territory of one Contracting Party will, on the territory of the other Contracting Party, be granted access to classified information and to facilities in which classified information is being handled. Such permission shall be given only to persons having a need-to-know and having been authorized to have access to classified information.

(2) Requests for visits shall be submitted, on a timely basis and in accordance with the regulations of the Contracting Party whose territory such visitors wish to enter, to the competent authority of that Contracting Party. The competent authorities shall inform each other of the details regarding such requests and shall ensure that personal data are protected.

(3) Requests for visits shall be submitted in the language of the country to be visited or in English and shall contain the following information:

 1. the visitor's first name and surname, date and place of birth, and his/her passport or identity card number;

2. the visitor's nationality;

3. the visitor's service designation, and the name of his/her parent authority or agency;

4. the level of the visitor's security clearance for access to classified information;

5. the purpose of the visit, and the proposed date of the visit;

6. the designation of the agencies, the contact persons and the installations to be visited.

Article 10

Consultations

(1) The competent authorities of the Contracting Parties shall take note of the provisions governing the protection of classified information that apply within the territory of the other Contracting Party.

(2) To ensure close cooperation in the implementation of this Agreement, the competent authorities shall consult each other at the request of one of these authorities.

(3) Each Contracting Party shall, in addition, allow the National or Designated Security Authority of the other Contracting Party or any other authority designated by mutual agree-ment to visit its territory in order to discuss, with its security authorities, its procedures and facilities for the protection of classified information received from the other Contracting Party. Each Contracting Party shall assist that authority in ascertaining whether such classified information which has been made available by the other Contracting Party is adequately protected. The details of the visits shall be laid down by the competent authorities.

Article 11

Violations of Provisions Governing the Mutual Protection of Classified Information

(1) Whenever unauthorized disclosure of classified information cannot be ruled out or if such disclosure is suspected or ascertained, the other Contracting Party shall immediately be informed.

(2) Violations of provisions governing the protection of classified information shall be in-vestigated, and pertinent legal action shall be taken, by the competent authorities and courts of the Contracting Party having jurisdiction, according to that Contracting Party's law. The other Contracting Party should, if so requested, support such investigations and shall be informed of the outcome.

Article 12

Costs

Each Contracting Party shall pay the expenses incurred by it in implementing the provisions of this Agreement.

Article 13

Dispute settlement

Any dispute between the Contracting Parties regarding the interpretation or application of this Agreement shall be resolved by consultation between the Contracting Parties and shall not be referred to any national or international tribunal or third party for settlement.

Article 14

Competent Authorities

The Contracting Parties shall inform each other of the authorities to be responsible for the implementation of this Agreement.

 Article 15

Final Provisions

(1) This Agreement shall enter into force on the date on which the Government of the Republic of Armenia has notified the Government of the Federal Republic of Germany that the national requirements for such entry into force have been fulfilled. The relevant date shall be the date of receipt of the notification.

(2) This Agreement is concluded for an indefinite period of time.

(3) On the initiative of one of the Contracting Parties, amendments may be made in this Agreement that shall be formulated through a separate Protocol and shall enter into force in accordance with the procedures provided for entering into force of this Agreement, constituting its integral part.

(4) Either Contracting Party may, through diplomatic channels, denounce this Agreement by giving six months' written notice. In the event of denunciation, classified information transmitted, or generated by the contractor, on the basis of this Agreement shall continue to be treated in accordance with the provisions of Article 5 above for as long as is justified by the existence of the security classification.

(5) Registration of this Agreement with the Secretariat of the United Nations, in accordance with Article 102 of the United Nations Charter, shall be initiated by the Contracting Party on whose national territory the Agreement is concluded immediately following its entry into force. The other Contracting Party shall be informed of registration, and of the UN registration number, as soon as this has been confirmed by the Secretariat.

Done at Yerevan on "30" in July 2013, in two originals, in the Armenian, German and English languages, all texts being authentic. In case there is any divergence of interpretation between the Armenian and the German texts, the English text shall prevail.

The Agreement has entered into force on 04 May 2016