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

Заключительные положения

1. Настоящее Соглашение вступает в силу на тридцатый (30-й) день со дня получения последнего письменного уведомления, которым Стороны по дипломатическим каналам сообщают друг другу о выполнении их внутригосударственных процедур, необходимых для вступления в силу настоящего Соглашения, и действует в течение неопределенного срока.

2. В настоящее Соглашение могут по взаимному письменному согласию Сторон вноситься изменения путем обмена нотами по дипломатическим каналам или подписания отдельного протокола о внесении изменений в Соглашение. Любые изменения, вносимые в настоящее Соглашение, вступают в силу в соответствии с пунктом 1 настоящей статьи и являются его неотъемлемой частью.

3. Каждая из Сторон может прекратить действие настоящего Соглашения, за шесть (6) месяцев в письменной форме уведомив другую Сторону по дипломатическим каналам о своем намерении прекратить его действие.

В удостоверение чего нижеподписавшиеся, должным образом на то уполномоченные их соответствующими правительствами, подписали настоящее Соглашение на русском и английском языках в двух подлинных экземплярах, при этом оба текста имеют одинаковую силу.

(Подписи)

BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA ON COOPERATION IN THE FIELD OF INTERNATIONAL

The Government of the Russian Federation and the Government of the Federal Democratic Republic of Ethiopia, (hereinafter jointly referred to as «the Parties», and separately as «the Party»),

Recalling the outcome of the First Russia-Africa Summit held in Sochi on 24 October 2019, which showed a strong commitment to the progressive development of comprehensive interaction between the Russian Federation and the African States;

Expressing Concern over the threats posed by the possible use of information and communication technologies for purposes that are inconsistent with the objectives of ensuring international peace, security and stability thereby undermining sovereignty and security of States and interfering in their internal affairs, violating of the citizens' privacy, destabilizing domestic political, social and economic situation, 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 state policy on matters related to the Internet information and telecommunication network, including ensuring its secure and stable functioning;

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 their interests;

Desiring to prevent threats to international information security and preserve national interests of the States of the Parties in the field of information security aimed at shaping international information environment characterized by peace, security, transparency and cooperation;

Desiring further to establish a legal and organizational framework for cooperation between the States of the Parties in the field of ensuring international information security;

Have agreed as follows:

Article 1

Objective of the Agreement

1. The objective of this Agreement is to establish a framework for cooperation between the Parties in the field of international information security in accordance with the legislation of the States of the Parties; and on the basis of equality, sovereignty and mutual benefit.

2. This Agreement provides for the intention of the Parties to cooperate in the designated areas and does give rise to obligations under international law.

Article 2

Main Threats in the Field of International Information Security

1. The Parties recognize that the main threats in the field of ensuring international information security are posed by the use of information and communication technologies for:

1.1. committing acts aimed at undermining the sovereignty, security and territorial integrity of States;

1.2. committing computer attacks on elements of critical information infrastructure;

1.3. terrorist purposes, including for terrorist propaganda and engagement in terrorist activities;

1.5. interfering into the domestic affairs of States, violating public order, inciting interethnic, interracial and inter-confessional 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;

1.6. disseminating information harmful to socio-political and socio-economic systems, as well as spiritual, moral, and cultural environment of other States;

1.7. 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;

1.8. making unfounded accusations by some States against other States of organizing and/or committing crimes and computer attacks.

2. The lack of a universally recognized international legal mechanism for the deanonymization in information space also poses a threat to 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 paragraph 2 of Article 9 of this Agreement.

1. Taking into account the main threats listed in Article 2 of this Agreement, the Parties, their authorized representatives and the competent authorities of the States of the Parties assigned in accordance with Article 5 of this Agreement, agree to cooperate in the field of international information security through:

1.1. identifying, coordinating and implementing necessary interactions to ensure international information security;

1.2 monitoring emerging threats to international information security and responding to them;

1.3. developing and promoting norms of international law and rules of behaviour of States in information space in order to ensure national and international information security;

1.4. countering the threats in the field of international information security listed in Article 2 of this Agreement;

1.5. exchanging information between competent authorities of the States of the Parties on international information security in order to detect, prevent and eliminate the consequences of computer incidents;

1.6. 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;

1.7. developing and implementing necessary joint confidence-building measures contributing to international information security;

1.8. exchanging information on the legislation of the States of the Parties related to ensuring information security;

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

1.10. creating conditions for cooperation between competent authorities of the States of the Parties in order to implement this Agreement;

1.11. intensifying cooperation and coordination of activities of the States of the Parties in ensuring international information security within the framework of international organizations and fora (including the United Nations, International Telecommunication Union, International Standardization Organization, International Criminal Police Organization (INTERPOL), etc.);

1.12. promoting scientific research in the field of international information security;

1.13. creating conditions and providing assistance in the training of experts 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;

1.14. 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 the competent authorities of the States of the Parties may by mutual agreement determine other areas of cooperation.

Article 4

General Principles of Cooperation

1. The Parties agree to cooperate in the field of ensuring international information security within the framework of this Agreement so that such cooperation would promote social and 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 must be compatible with each Party's 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. Each Party has equal rights to protect information resources of its State from unlawful use and unauthorized interference, including from computer attacks against them. Each Party 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 every effort to prevent the use of information infrastructure and resources of the States of the Parties by a third party aimed at causing damage to the States of the Parties.

5. The Parties shall cooperate in combating offences and crimes 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 5

Forms and Mechanisms of Cooperation

1. The Parties agree to explore ways for 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.

2. Within sixty (60) days after the date of entry into force of this Agreement, the Parties shall, through diplomatic channels, exchange information 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.

3. After the exchange of data in accordance with the procedure specified in paragraph 2 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 under Article 3 of the Agreement. The level, time frame, and place of signing of this plan, which is not an international treaty, shall be agreed upon between the States of the Parties through diplomatic channels.

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

5. 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.

6. The consultations referred to in paragraph 5 of this Article shall be held upon agreement between the Parties through diplomatic channels, generally, once a year, alternatively in the Russian Federation or the Federal Democratic Republic of Ethiopia.

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

Article 6

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 classified information of the Russian Federation and the Federal Democratic Republic of Ethiopia shall be determined by a separate agreement.

Article 7

Financial Arrangements

1. The Parties shall bear expenses that may arise in relation to participation of their representatives and experts in the relevant activities within the framework of 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 8

Dispute Settlement

Any dispute and (or) divergence that may arise between the Parties in the implementation and (or) interpretation of this Agreement shall be settled through consultations and (or) negotiations between the Parties.

Article 9

Final Provisions

1. This Agreement enters into force on the thirtieth (30th) day following the date of the receipt of the last written notification by which the Parties notify each other, through diplomatic channels, on the completion by the Parties of their internal legal procedures required for the entry into force of this Agreement; and shall remain in force for an indefinite period of time.

2. This Agreement may be amended by the mutual written consent of the Parties by an exchange of notes through diplomatic channels or signing of a separate protocol on amendments to the Agreement. Any amendments made to this Agreement shall enter into force in accordance with the paragraph 1 of this Article and shall form an integral part of it.

3. Either Party may terminate this Agreement by giving the other through diplomatic channels a prior written notice of six (6) months of its intention to terminate it.

4. The termination of this Agreement shall not affect the consequential and reciprocal obligations of the Parties for the protection of information in accordance with Article 6 of this Agreement, implementation of programs and projects initiated while this Agreement has been in force and not completed by the date of its termination, unless otherwise agreed upon by the Parties.

In witness whereof, the undersigned being duly authorized thereto by their respective Governments, have signed this Agreement in the Russian and English languages, in two originals, all texts are equally authentic.

Done at Saint Petersburg on this 28 day of the month of July in the year 2023.

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