---
title: "\"Соглашение между Правительством Российской Федерации и Правительством Республики Индонезии о взаимной защите секретной информации\" [рус., англ.]"
status: действует
canonical: "https://bukva.ai/docs/soglashenie-mezhdu-pravitelstvom-rossiyskoy-1906/statya-17"
---
# Статья 17
### Статья 17
Вступление в силу, срок действия и прекращение
действия Соглашения
1. Настоящее Соглашение вступает в силу с даты его подписания и действует в течение 5 (пяти) лет, если ни одна из Сторон не менее чем за 6 (шесть) месяцев до истечения срока его действия не уведомит в письменной форме другую Сторону о своем намерении прекратить его действие.
2. В случае прекращения действия настоящего Соглашения в отношении секретной информации продолжают применяться положения, предусмотренные [статьями 6](https://bukva.ai/docs/soglashenie-mezhdu-pravitelstvom-rossiyskoy-1906/statya-6#p100042) - [8](https://bukva.ai/docs/soglashenie-mezhdu-pravitelstvom-rossiyskoy-1906/statya-8#p100059) настоящего Соглашения до снятия с нее грифа секретности.
В удостоверение чего, нижеподписавшиеся, должным образом уполномоченные, подписали настоящее Соглашение.
Совершено в г. Джакарте 16 сентября 2004 года в двух экземплярах, каждый на русском, индонезийском и английском языках, причем все тексты имеют одинаковую силу. В случае расхождений при толковании настоящего Соглашения используется текст на английском языке.
**BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION**
**AND THE GOVERNMENT OF THE REPUBLIC OF INDONESIA ON MUTUAL**
**PROTECTION OF CLASSIFIED INFORMATION**
(Jakarta, 16.IX.2004)
The Government of the Russian Federation and the Government of the Republic of Indonesia, hereinafter referred to as "the Parties";
Referring to the Agreement between the Government of the Russian Federation and the Government of the Republic of Indonesia on Military-Technical Cooperation signed on 21 April 2003 in Moscow;
Desirous to ensure the protection of Classified Information, the exchange of which is carried out in the course of military and technical, scientific and technical or other cooperation, as well as Classified Information generated in the process of such cooperation;
Taking into account mutual interests ensuring protection of Classified Information in accordance with the legislative and other regulatory and legal acts of the Russian Federation and the Republic of Indonesia;
Have agreed as follows:
In this Agreement the following terms shall have the meaning hereunder assigned to them:
"Classified Information" means any data regardless of its form, protected in accordance with the current legislative and other regulatory and legal acts of the State of each Party, transferred/received in the course of implementation of the present Agreement as well as data generated in the process of cooperation between Parties, and which, if disseminated without authorization, may cause damage to the security and interests of the Russian Federation and/or the Republic of Indonesia;
"Classified Information Medium" means material objects including physical fields, which contain Classified Information presented in the form of symbols, images, signals, engineering solutions and processes;
"Security Classification Category" means reference attributed to a Classified Information Medium and/or specified in its accompanying documents and characterizing classification level of data the Medium contains;
"Authorised Entities" means state authorities or an organisation entitled by the Partiers to transfer, receive, store, protect and use Classified Information;
"Security Clearance" means a procedure for granting individuals the right to access to Classified Information and in case of Authorized Entities the right to work with such information;
"Access to Classified Information" means the exposure of Classified Information to an individual who has the appropriate Security Clearance;
"Contract" means an agreement concluded between Authorised Entities and providing for transfer and/or generation of Classified Information.
The basic objective of this Agreement is to ensure protection of Classified Information the exchange of which is carried out in the course of bilateral military and technical cooperation as well as Classified Information generated in the process of such cooperation.
Article 3
Classified information
Classified Information is
a) in the Russian Federation:
Data, protected by the State, in the area of its military, foreign policy, economic, scientific and technical, intelligence, counterintelligence and investigation activities which, if disseminated, may cause damage to the security of the Russian Federation. Depending on damage which may be caused to the security of the Russian Federation as a result of an authorised dissemination of Classified Information, it is provided that such Security Classifications of Classified Information and their corresponding Security Classification Categories for Classified Information Medium should be applied:
"Sovershenno Sekretno" is information related to military, foreign policy, economic, scientific and technical, intelligence, counterintelligence and operational search activities which, if disseminated, may cause damage to the interests of a federal executive body or a sector of economy of the Russian in one or several of the above mentioned areas;
"Sekretno" is information related to military, foreign policy, economic, scientific and technical, intelligence, counterintelligence and operational search activities which, if disseminated, may cause damage to the interests of an organization of the Russian Federation in one or several of the above mentioned areas;
According to the legislative and other regulatory and legal acts of the Russian Federation, any information categorized "Sovershenno Sekretno" and "Sekretno" is the State secret.
b) in the Republic of Indonesia:
Data protected by State, if disseminated without authorization, may cause damage to the security and the national interests of the Republic of Indonesia.
For such Classified Information it is provided that such security classification of Classified Information and their corresponding Security Classification Categories for Classified Information Medium as "Sangat Rahasia", "Rahasia" should be applied.
Article 4
Comparability of security classification categories
Each Party, in accordance with this Agreement on the basis legislative, other regulatory, legal acts of their States shall establish that the Security Classifications and their respective Security Classification Categories shall match as follows:
For the Russian Federation For the Republic of Indonesia
"Sovershenno Sekretno" "Sangat Rahasia"
"Sekretno" "Rahasia"
Article 5
Competent authorities
1. The Competent Authorities responsible for the coordination of the implementation of the present Agreement, hereinafter referred to as "the Competent Authorities", are:
For the Russian Federation - The Federal Security Service of the Russian Federation;
For the Republic of Indonesia - Department of Defense (only with regard to Classified Information related to military and technical cooperation).
2. Depending on the nature of cooperation, the Parties may designate other Competent Authorities, whereof they shall notify each other through diplomatic channels.
Article 6
Measures to protect classified information
1. In accordance with the legislative, other regulatory, legal acts of their States, the Parties shall undertake:
to protect Classified Information;
not to change the Security Classification Category of Classified Information assigned to it by the Originating Party without the prior consent of this Party;
to protect Classified Information by measures identical to that for its own Classified Information marked by the corresponding Security Classification Categories which should be matched in accordance with Article 4 of the this Agreement;
to use Classified Information received from the Authorized Entity of the other Party exclusively for the purposes for which it was transferred;
not to grant access to Classified Information to a third party without the prior written consent of the Originating Party.
2. Access to Classified Information shall be granted only to persons who need such information for the discharge of their official duties subject to the purposes for which it was transferred, and who have the corresponding Security Clearance to use Classified Information.
3. When necessary, additional requirement for Classified Information protection (which specify obligations of Authorized Entities regarding Classified Information use and protection measures) shall be included in the Contracts provided by the provisions of Article 9 of the this Agreement.
Article 7
Transfer of classified information
1. If the Authorised Entity of a Party intends to transfer Classified Information to the Authorised Entity of the other Party, it shall request preliminarily a written confirmation from the Competent Authority of its Party that the Authorised Entity of the other Party has the necessary Security Clearance.
2. The Competent Authority of a Party shall request a written confirmation from the Competent Authority of the other Party that the Authorised Entity of the other Party has the necessary Security Clearance.
3. The decision to transfer Classified Information shall be taken by the Parties on a case-by-case basis in accordance with the legislative, regulatory legal acts of each Party.
4. Transfer of Classified Information shall be carried out through diplomatic channels, courier service or other authorised service in accordance with the international agreements of the State of the Parties. A corresponding Authorised Entity shall confirm the receipt of Classified Information.
5. In case of transfer of Classified Information Medium of considerable volume, the Authorized Entities shall agree, in accordance with the legislative, regulatory legal acts of their States, upon the mode of transfer, the itinerary and the escorting modalities.
Article 8
Classified information handling
1. The Authorised Entity of the Receiving Party shall additionally mark transferred Classified Information Carriers with the corresponding Security Classification Category which should be matched in accordance with Article 4 of this Agreement.
The requirement to indicate the corresponding Security Classification Categories shall apply to Medium of the Classified Information generated in the process of cooperation between the Parties and as a result of its translation, copying or replication.
The Medium of Classified Information generated in connection with the transferred Classified Information shall be marked Security Classification Category not below than that of the transferred Classified Information.
2. Classified Information shall be registered and stored in accordance with the requirements in force in the States of the Parties applicable for registration and storage of their own Classified Information.
3. Security Classifications Category of received Classified Information may be changed or cancelled by the corresponding Authorized Entity only with the prior written consent of the Competent Authority of the Originating Party.
Security Classifications Category generated in the process of cooperation between the Parties shall be determined, changed or cancelled by the Authorised Entities on the mutually agreed basis.
The Competent Authority of the Originating Party shall notify in writing the Competent Authority of the Receiving Party about any changes or cancellation of the Security Classification Category of Classified Information.
4. Classified Information Medium shall be returned or destroyed following a written notification of the Authorised Entity of the Originating Party.
The destruction of Classified Information Medium shall be documented and the process of destruction itself shall exclude the possibility of its reproduction and restoration.
The Competent Authority of the Originating Party shall be notified in writing about return or destruction of Classified Information Medium.
Contracts being concluded between the Authorised Entities shall include separate sections, which specify:
a list of Classified Information and their Security Classification Category;
specific protection requirements of Classified Information;
dispute settlement and reimbursement procedures in case of damage caused by unauthorized dissemination of Classified Information.
1. The Competent Authorities of the Parties shall exchange legislative, regulatory legal acts of their States on protection of Classified Information which are necessary to implement this Agreement.
2. In order to ensure cooperation in implementing this Agreement, the Competent Authorities shall carry out joint consultations at the request of either Competent Authority.
1. Visits by representative of the Authorized Entities of a Party, which require their access to Classified Information of the State of the other Party shall be subject to an approval by the Competent Authority of the Hosting Party. Approval for such visits may be granted only to those persons who specified in Article 6 (clause 2) of this Agreement.
2. Requests for visits shall be submitted by the Competent Authority of the Sending Party to the Competent Authority of the Hosting Party not less than 4 (four) weeks in advance prior to the date of the requested visit.
The request for visits shall be made according to the procedure established by the Hosting Party and shall contain the following Information:
- purpose of the visit;
- name, date and place of birth, nationality, and passport number of the Authorized Entities' representatives;
- professions and official titles of the Authorized Entities' representatives and name of the Competent Authorities where they work;
- Security Clearance corresponding to Classified Information Category;
- proposed date and planned duration of the visit;
- names of the Authorized Entities of the Hosting Party to be visited;
- titles and names of persons with whom Authorized Entities' representatives intend to meet.
3. During the visits Authorised Entities' representatives of a Party shall take the knowledge with the rules of Classified Information of a corresponding Security Classification Category of the other Party usage and shall obey them.
Article 12
Expenses for protection of classified information
Expenses incurred by the Authorised Entities in connection with measures on protection of Classified Information are not subject to reimbursement by the Authorised Entities of the other Party.
Article 13
Violation of requirments on protection
of classified information
1. The Authorised Entity or the Competent Authority of a Party in case of violation of requirements on protection of Classified Information, which has led or might lead to unauthorised dissemination of Classified Information, shall immediately inform thereof the Competent Authority of the other Party.
2. The Authorized Entity or the Competent Authority investigate the incident, and guilty persons shall be prosecuted according to the legislative, regulatory acts of their State.
3. The Competent Authorities of the Parties shall inform each other of the result of investigation and measures taken.
Other arrangements
Any arrangements governing the protection of Classified Information, which have been concluded between the Parties, shall remain in force unless their provisions contradict this Agreement.
Amendment
This Agreement may be added to or amended at any time by mutual consent of the Parties, which shall be done in the form of separate protocols and considered as an integral part of this Agreement.
Settlement of disputes
Disputes arising from the interpretation or implementation of this Agreement shall be settled by way of negotiations and consultations between the Parties.
Entry into force, duration and termination
1. This Agreement shall enter into force on the date of its signature and shall be valid for a period of 5 (five) years, unless either Party terminates it by giving written notification at least 6 (six) months prior to its expiration.
2. Notwithstanding the termination of this Agreement, the provisions of Articles 6, 7 and 8 of this Agreement shall remain applicable to Classified Information unless their Security Classification is cancelled.
In witness whereof, the undersigned, being duly authorized, have signed this Agreement.
Done at Jakarta on this sixteenth day of September in the year two thousand and four, in duplicate in the Russian, Indonesian and English languages. All texts being equally authentic. In case of any divergence of interpretation, the English text shall be used.
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