Статья 9«Соглашение между Правительством Российской Федерации и Правительством Республики Зимбабве о сотрудничестве в области обеспечения международной информационной безопасности» [рус., англ.]

Заключительные положения

1. Настоящее Соглашение заключается на неопределенный срок и вступает в силу на тридцатый (30-й) день со дня получения по дипломатическим каналам последнего письменного уведомления о выполнении Сторонами внутригосударственных процедур, необходимых для его вступления в силу.

2. Действие настоящего Соглашения может быть прекращено по истечении девяноста (90) дней со дня получения одной из Сторон по дипломатическим каналам письменного уведомления другой Стороны о ее намерении прекратить действие настоящего Соглашения.

3. В случае прекращения действия настоящего Соглашения Стороны принимают меры для полного выполнения обязательств по защите информации, а также обеспечивают выполнение ранее согласованных совместных работ, проектов и иных мероприятий, осуществляемых в рамках настоящего Соглашения и не завершенных к моменту прекращения действия настоящего Соглашения.

В удостоверение чего нижеподписавшиеся, должным образом уполномоченные представители Сторон, подписали настоящее Соглашение.

Совершено в г. Санкт-Петербурге 27 июля 2023 г. в двух (2) подлинных экземплярах, каждый на русском и английском языках, причем оба текста имеют одинаковую силу.

(Подписи)

The Government of the Russian Federation and the Government of the Republic of Zimbabwe (hereinafter referred to collectively as «the Parties» and individually as «the Party»);

Confirming, with due regard to the outcome of the first Russia-Africa Summit (Sochi, 24 October 2019), a strong commitment to the progressive development of comprehensive interaction between the Russian Federation and the African States;

Noting that significant progress has been achieved in the development and implementation of the latest information and communication technologies;

Noting the great importance of information and communication technologies in social and economic development for the benefit of the entire humanity and in maintaining international peace, security and stability in the modern context;

Expressing concern over the threats posed by the possible use of information and communication technologies for the purposes inconsistent with the objectives of ensuring international peace, security and stability, undermining sovereignty and security of States and interfering in their internal affairs, violating of the citizens' privacy, destabilizing domestic political, and socio-economic state of affairs, and fomenting interethnic and interconfessional hostility;

Attaching great importance to international information security as a key element of the international security system;

Affirming that State sovereignty and international norms and principles stemming from State sovereignty shall apply to the State conduct within the framework of information and communication technologies related activities and to State jurisdiction over information infrastructure within their territory and that a State shall have a sovereign right to determine and implement its policy on matters related to the Internet information and telecommunication network, including ensuring its secure and stable functioning;

Being convinced that further build-up of trust and interaction between the Parties in the field of the use of information and communication technologies is an urgent necessity and in the interests of the States of the Parties;

Attaching great importance to the balance between ensuring security and respecting human rights in the field of the use of information and communication technologies;

Seeking to prevent threats to international information security and preserve national interests of the States of the Parties in the field of information security in order to shape international information environment characterized by peace, security, transparency and cooperation; and

Wishing to establish a legal and organizational basis for cooperation between the States of the Parties in ensuring international information security have agreed as follows:

Article 1

Main Threats in the Field of International Information Security

1. While cooperating under this Agreement, the Parties assume that the main threats in the field of ensuring international information security are posed by the use of information and communication technologies:

(1) for committing acts aimed at undermining the sovereignty, security and territorial integrity of States;

(2) for committing computer attacks on elements of critical information infrastructure;

(3) for terrorist purposes, including for terrorist propaganda and engagement in terrorist activities;

(4) for other criminal purposes;

(5) for interfering into the domestic affairs of States, violating public order, inciting interethnic, interracial and interconfessional hostilities, propagating racist and xenophobic ideas and theories that incite hatred, discrimination and violence and lead to instability, and for destabilizing domestic political, social and economic situation and violating State governance;

(6) for disseminating information harmful to socio-political and socio-economic systems, as well as spiritual, moral, and cultural environment of other States;

(7) for disseminating, under the guise of reliable reports, deliberately false information leading to a threat to the life and safety of citizens or to serious consequences; and

(8) for making unfounded accusations by some States against other States of organizing and (or) committing crimes and computer attacks.

2. The absence of a universally recognized international legal mechanism for deanonymization in information space constitutes a negative factor undermining international information security.

3. The Parties may by mutual agreement amend the list of main threats in the field of ensuring international information security, in particular, by supplementing and (or) updating it in accordance with Article 8 of this Agreement.

Article 2

General Principles of Cooperation

1. The Parties shall cooperate in the field of ensuring international information security within the framework of this Agreement. This cooperation shall promote socio-economic development and be compatible with the objectives of maintaining international peace, security and stability, and correspond with the universally accepted principles and norms of international law, including the principles of mutual respect of sovereignty and territorial integrity, peaceful settlement of disputes and conflicts, non-use of force or threat of force, non-interference in internal affairs, respect for human rights and fundamental freedoms, as well as the principles of bilateral cooperation and non-interference in information resources of the States of the Parties.

2. The activities of the Parties within the framework of this Agreement shall be compatible with the Parties' right to seek, receive and disseminate information, bearing in mind that such right may be restricted by the legislation of each State of the Parties in order to ensure national security.

3. The Parties shall have equal rights to protect information resources of their States from unlawful use and unauthorized interference, including from computer attacks against them. Each of the Parties shall not take such action against the other Party and shall assist the other Party in fulfilling the rights mentioned above.

4. The Parties shall make efforts in order to prevent the use of information infrastructure and resources of the States of the Parties by a third party in order to cause damage to either of the States of the Parties.

5. The Parties shall cooperate in combating crime related to the use of information and communication technologies without prejudice to the spirit and provisions of this Agreement.

6. The Parties shall not allow transborder access to computerized information stored in the information systems of either of the Parties without official interaction with the law enforcement authorities of the Party concerned. Such cooperation may take place, inter alia, within the framework of bilateral and multilateral international treaties, including on legal assistance in criminal matters, as well as within the framework of international police cooperation.

Article 3

Main Areas of Cooperation

1. Taking into account the main threats in the field of international information security listed in Article 1 of this Agreement, the Parties, authorized representatives and the competent authorities of the States of the Parties assigned in accordance with Article 4 of this Agreement, shall cooperate in the field of ensuring international information security in the following key areas:

(1) identifying, coordinating and implementing necessary interaction to ensure international information security;

(2) monitoring emerging threats in the field of international information security and responding to them;

(3) developing and promoting norms of international law and rules of behaviour of States in the information space in order to ensure national and international information security;

(4) countering the main threats in the field of ensuring international information security listed in Article 1 of this Agreement;

(5) exchanging information between competent authorities of the States of the Parties on ensuring information security in order to detect, prevent and eliminate the consequences of computer incidents;

(6) ensuring law enforcement cooperation in preventing, detecting, suppressing and investigating offences and crimes related to the use of information and communication technologies for terrorist, extremist and other criminal purposes;

(7) developing and implementing necessary joint confidence-building measures contributing to ensuring international information security;

(8) exchanging information on the legislation of the States of the Parties related to ensuring information security;

(9) assisting in improving bilateral legal and policy framework and practical mechanisms of cooperation between the States of the Parties in ensuring international information security;

(10) creating conditions for cooperation between competent authorities of the States of the Parties in order to implement this Agreement;

(11) intensifying cooperation and coordination of activities of the States of the Parties on ensuring international information security within the framework of international organizations and fora (including the United Nations, International Telecommunication Union, International Organization for Standardization, International Criminal Police Organization — INTERPOL and others);

(12) promoting scientific research in the field of ensuring international information security;

(13) creating conditions and providing assistance in the training and exchanging of students, postgraduates and teachers of specialized higher educational institutions of the States of the Parties in the field of international information security;

(14) holding working meetings, conferences, workshops and other fora of authorized representatives and experts of the States of the Parties in the field of international information security.

2. The Parties or competent authorities of the States of the Parties may, by mutual agreement, determine other areas of cooperation.

Article 4

Main Forms and Mechanisms of Cooperation

1. The Parties shall ensure practical interaction in specific areas of cooperation provided for by this Agreement through the competent authorities of the States of the Parties responsible for the implementation of this Agreement. Within sixty (60) days after the date of entry into force of this Agreement, the Parties shall, through diplomatic channels, exchange data on the competent authorities of the States of the Parties responsible for the implementation of this Agreement. The Parties shall instantly notify one another through diplomatic channels in case of change in the list of the competent authorities.

2. After the exchange of data in accordance with the procedure specified in paragraph 1 of this article, the Parties shall within one hundred eighty (180) days agree on a plan for the implementation of the main areas of cooperation referred to in article 3 of the Agreement. The level, time frame, and place of signing of this plan, that is not an international treaty, shall be agreed upon through diplomatic channels.

3. In order to lay the legal and organizational basis for the cooperation in specific areas, the competent authorities of the States of the Parties may conclude relevant inter-agency agreements.

4. In order to review the implementation of this Agreement, to exchange information, analyse and jointly assess emerging threats to international information security, as well as to determine, agree upon and coordinate joint response measures against such threats, the Parties shall convene regular consultations of designated representatives and competent authorities of the States of the Parties.

5. The consultations mentioned in paragraph 4 of this Article shall be held, upon agreement between the Parties, generally, once a year, in either of the States of the Parties territory on a rotating basis.

6. Each Party may initiate additional consultations and suggest their dates, venue and agenda.

Article 5

Protection of Information

1. The Parties shall provide appropriate protection of the information transferred or generated under this Agreement, access to which is limited by the legislation of the States of the Parties.

2. The Parties shall be obliged not to disclose or transfer, without the prior written consent of the other Party, to the third party any information obtained or jointly generated under this Agreement.

3. The need to keep certain aspects of cooperation between the States of the Parties or other information on cooperation secret shall be brought in advance by one Party to the attention of the other Party.

4. Any information transmitted under this Agreement shall be used solely for its purposes. Information obtained by one Party within the framework of cooperation shall not be used to the detriment of the other Party.

5. Any restricted information shall be protected in accordance with the legislation of the States of the Parties.

6. The procedure for mutual transfer and protection of information constituting a state secret of the States of the Parties shall be determined by a separate international treaty.

Article 6

Financing

l. The Parties themselves shall bear the expenses for the participation of their representatives and experts in the relevant activities to implement this Agreement.

2. With regard to other expenses related to the implementation of this Agreement, the Parties may agree upon other financial procedures in each particular case in accordance with the legislation of the States of the Parties.

Article 7

Settlement of Disputes

The Parties shall settle the disputes that may arise out of the interpretation or implementation of the provisions of this Agreement through consultations and negotiations between the Parlies.

Article 8

Amendments

Amendments and modifications may be made to this Agreement by mutual consent of the Parties, which shall be an integral part thereof and formalized as separate protocols.

Article 9

Final Provisions

1. This Agreement shall be concluded for an indefinite period and shall enter into force on the thirtieth (30th) day following the date of the receipt, through diplomatic channels, of the last written notification on the completion by the Parties of their internal procedures necessary for its entry into force.

2. This Agreement may be terminated ninety (90) days after the receipt by either of the Parties, through diplomatic channels, of a written notification from the other Party of its intention to terminate this Agreement.

3. In case of termination of this Agreement, the Parties shall take measures to comply fully with their obligations to protect the information, as well as implement formerly agreed joint activities, projects and other measures carried out under this Agreement and not completed by the termination of this Agreement.

In witness whereof, the undersigned, being the dully nominated and authorized representatives of the Parties, have signed this agreement.

Done at Saint Petersburg on 27 July 2023, in duplicate in the Russian and English languages, both texts being equally authentic.

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