Статья 15«Соглашение между Правительством Российской Федерации и Правительством Малайзии о взаимной защите секретной информации» [рус., англ.]

Вступление в силу, срок действия

и прекращение действия Соглашения

1. Настоящее Соглашение вступает в силу с даты его подписания.

2. Настоящее Соглашение действует в течение 5 лет и автоматически продлевается на следующие 5-летние периоды.

3. Каждая из Сторон может прекратить действие настоящего Соглашения путем направления по дипломатическим каналам письменного уведомления другой Стороне о своем намерении прекратить его действие. В этом случае действие настоящего Соглашения прекращается по истечении 6 месяцев с даты получения указанного уведомления.

4. В случае прекращения действия настоящего Соглашения в отношении секретной информации продолжают применяться меры по ее защите, предусмотренные статьями 4 и 6 настоящего Соглашения, до получения уведомления о снятии грифа секретности.

Совершено в Москве 19 июня 2007 года в двух экземплярах, каждый на русском, малайзийском и английском языках, причем все тексты имеют одинаковую силу. В случае расхождения относительно толкования положений настоящего Соглашения будет использоваться текст на английском языке.

(Подписи)

BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF MALAYSIA ON THE MUTUAL PROTECTION OF CLASSIFIED INFORMATION

(Moscow, 19.VI.2007)

The Government of the Russian Federation and the Government of Malaysia, hereinafter referred to as «the Parties»,

taking into account Article 1 and Article 3 of the Memorandum of Understanding between the Government of the Russian Federation and the Government of Malaysia on cooperation in the field of defense, defense technologies and defense industry of 6 April, 1999,

taking into account the importance of ensuring protection of classified information in the field of defense, defense technologies, military and technical cooperation,

have agreed as follows:

Terms

The terms used in this Agreement shall mean the following:

«classified information» means any data regardless of its form protected in accordance with the legislation of the State of each Party transferred, received or generated in the course of defense, defense and technological, military and technical cooperation between the Parties according to the procedure established by the legislation of the State of each Party and this Agreement, which unauthorized dissemination may damage the security or interests of the Russian Federation and (or) Malaysia;

«classified information carriers» means material objects, including physical fields, which contain classified information represented as symbols, images, signals, engineering solutions and processes;

«security classification» means a reference which indicates the degree of confidentiality of data contained in its carrier specified on the carrier itself and (or) in its accompanying documentation;

«authorized body» means a state authority or another organization, which has the Party's authorization to transfer, receive, keep, protect and use classified information;

«security clearance» means a procedure of formalizing the right of a person to access classified information, and of an organization to operate using such information;

«access to classified information» means exposure of classified information to a person with an appropriate security clearance;

«contract» means an agreement concluded between authorized bodies of the Parties providing for the transfer and (or) generation of classified information in the course of cooperation.

Comparability of Security Classification Categories

The Parties shall determine that security classification categories and relevant security classifications shall match as follows:

    In the Russian Federation                       In Malaysia
    "Совершенно секретно"                           "Rahsia Besar"
    "Секретно"                                      "Rahsia"

Competent Authorities

1. The competent authorities responsible for coordinating the implementation of this Agreement (hereinafter — «the competent authorities») shall be as follows:

in the Russian Federation — the Federal Security Service of the Russian Federation;

in Malaysia — the Ministry of Defence of Malaysia;

2. Depending on the nature of cooperation, the Parties may designate other competent authorities and shall notify each other thereof through diplomatic channels.

Protection of Classified Information

1. The Parties in accordance with the legislations of their States shall undertake:

to ensure the protection of classified information;

not to change the security classification category of information established by the providing Party without the written consent of that Party;

to apply to the classified information the same protection measures that are applicable to its own classified information of the same security classification category (compared in accordance with Article 2 of this Agreement);

to use classified information received from the authorized body of the other Party solely for purposes for which it was provided;

not to grant access to classified information to a third party without the prior written consent of the providing Party.

2. Access to classified information shall only be permitted to persons who need it to perform their official duties for the purposes for which it was provided and who have appropriate security clearance.

Provision of Classified Information

1. If an authorized body of a Party intends to provide classified information to the authorized body of the other Party, it shall request in advance a written confirmation from the competent authority of its Party that the authorized body of the other Party has appropriate security clearance.

The competent authority of a Party shall request a written confirmation from the competent authority of the other Party that the authorized body of the other Party has an appropriate security clearance.

2. The decisions to provide classified information shall be taken by the Parties on a case-by-case basis in accordance with the legislation of the State of each Party.

3. The classified information shall be transferred through diplomatic channels, by courier service or other designated service in accordance with agreements signed by the Parties. An appropriate authorized body shall acknowledge the receipt of such information.

4. For the provision of carriers of considerable volume of classified information the authorized bodies, in accordance with legislations of their States, shall agree on the mode of transportation, itinerary and escorting modalities.

Handling of Classified Information

1. The authorized body that has received carriers of classified information shall additionally indicate on them security classifications matching those under Article 2 of this Agreement.

This requirement shall apply to carriers of classified information generated as a result of translation or copying.

2. A carrier of classified information generated on the basis of the classified information received shall be marked with a security classification not below than security classification of the classified information provided.

3. Classified information shall be handled, registered and stored in accordance with the legislation of the State of each of the Parties applicable to their own classified information.

4. The security classification of the received classified information may be changed or cancelled by an authorized body only under a written permission of the competent authority of the Party that provided it.

The security classification category of the classified information generated in the course of cooperation between the Parties shall be established, changed or cancelled as agreed upon between the authorized bodies.

The authorized body of the Party that provided classified information shall inform in writing the authorized body of the other Party of the change or cancellation of the security classification category of classified information.

5. The destruction of classified information carriers shall be documented and the process of destruction should exclude any possibility of reproduction and (or) retrieval of classified information.

The authorized body which provided classified information carriers shall be notified in writing of their return or destruction of classified information carriers.

Consultations

1. The competent authorities shall exchange the appropriate legislative and other regulatory legal acts of their States in the field of protection of classified information required for the implementation of this Agreement.

2. In order to ensure cooperation in implementing this Agreement, the competent authorities shall hold joint consultations at the request of either of them.

Visits

1. The visits by representatives of the authorized body of one Party involving their access to classified information of the other Party shall be subject to coordination with the competent authority of the host Party. An authorization for such a visit shall be granted only to persons referred to in paragraph 2 of Article 4 of this Agreement.

2. A request for a visit shall be forwarded by the competent authority of the sending Party to the competent authority of the host Party no later than four weeks before the planned date of the visit.

A request for a visit shall be issued in accordance with the procedures of the host Party and contain the following information:

family name, first name, date and place of birth, nationality of the visiting representative, passport number,

occupation and position of the representative, name of the authorized body represented by the individual;

security clearance for access to classified information of the relevant security classification category;

planned date of arrival and duration of visit;

title of the authorized bodies to be visited;

purpose of visit;

family names, first names and positions of persons with whom the representative plans to meet.

3. During the visit the representatives of the authorized body of one Party shall be familiarized with the legislation on handling classified information of an appropriate classification category of the other Party and shall observe the requirements set therein.

Contracts

The contracts to be concluded by the authorized bodies shall contain a separate section, that determines;

list of classified information and its security classification categories;

specifics of protection of classified information;

procedure for settlement of disputes and reimbursement of possible damage caused by unauthorized dissemination of classified information.

of Classified Information

1. If the authorized body or competent authority of one Party establishes a violation of the requirements on the protection of classified information, which has resulted or may result in its unauthorized dissemination, the authorized body or competent authority of that Party shall immediately notify the competent authority of the other Party thereof.

2. The authorized body or competent authority of the Party on the territory of which State the violation of requirements on protection of classified information has taken place, shall conduct an investigation, upon which violators may be held liable.

3. The competent authorities of the Parties shall notify each other of the results of investigation and measures taken.

Costs of Protection of Classified Information

The costs incurred by the authorized bodies of one Party in connection with the implementation of measures to protect classified information shall not be reimbursed by the authorized bodies of the other Party.

Relation to Other Arrangements

The provisions on the protection of classified information contained in other arrangements existing between the Parties, as well as between the competent authorities or authorized bodies of the Parties remain in effect, if they do not contradict the provisions of this Agreement.

Amendments

1. Each Party may propose through written notification to amend this Agreement partially or completely.

2. Any change agreed upon by the Parties shall be documented in writing.

3. The amendment enters into force from the moment determined by the Parties.

4. Any amendment shall not cancel the rights and responsibilities pursuant to this Agreement until the date the amendment comes into force.

Settlement of Disputes

1. Any disagreements or disputes concerning the interpretation, implementation and (or) application of this Agreement shall be settled on mutual consent through consultations between the competent authorities of the Parties without recurring to third parties.

2. During the settlement of the disputes the Parties shall continue to observe all their obligations under this Agreement.

Article 15

Entry into Force, Duration and Termination of this Agreement

1. This Agreement shall enter into force from the date of its signing.

2. This Agreement shall be effective during five years and shall be automatically prolongated for the next five-year periods.

3. Each Party may terminate this Agreement by providing a written notification of its intention to terminate it to the other Party through diplomatic channels. In such case this Agreement shall terminate six months after the date of receipt of such notification.

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