Agreement between the Government of the Kyrgyz Republic and Government of the Republic of Kazakhstan on mutual protection of the classified information

of July 4, 2006

The government of the Kyrgyz Republic and the Government of the Republic of Kazakhstan which are hereinafter referred to as by the Parties

proceeding from desire to provide protection of the classified information which exchange is performed during political, military, economic, scientific and technical or other cooperation between the Kyrgyz Republic and the Republic of Kazakhstan, and also the classified information formed in the course of such cooperation

considering mutual interests of the states in ensuring protection of the classified information according to national legal systems of the states of the Parties,

considering mutual interest in implementation of the Agreement on mutual ensuring safety of interstate secrets of the State Parties of the Commonwealth of Independent States of January 22, 1993,

agreed as follows:

Article 1 Determination of Terms

The terms used in this agreement mean the following:

"classified information" - the data expressed in any form, protected according to national legal systems of the states of the Parties, transferred according to the procedure, established by this agreement, and also formed in the course of cooperation of the Parties which unauthorized distribution can cause damage to homeland security and interests of the states of the Parties;

"carriers of the classified information" - material objects, including physical fields in which the protected classified information finds the display in the form of symbols, images, signals, technical solutions and processes;

"security classification" - the details which are put down on the carrier of the classified information or specified in the accompanying documentation it testimonial of degree of privacy of the data containing on the carrier;

"the admission to the classified information" - the procedure of registration of the right of physical persons to access to the classified information, and authorized bodies - on work with use of such information;

"access to the classified information" - process of acquaintance with the classified information of the physical person having the admission to the classified information;

"agreement" - the agreement or the delivery contract of products or carrying out joint operations concluded between authorized bodies of the Parties and providing transfer or formation of the classified information;

"authorized body" - state body or the organization which are authorized by the Parties to receive, store, protect and use the classified information transferred and (or) formed in the course of cooperation of the Parties;

"the coordinating body" - the state bodies of the Parties responsible for coordination of sales activity of this agreement.

Article 2 Determination of the Classified Information

The classified information are:

in the Kyrgyz Republic:

the information protected by the state which is stored and moved with any kinds of carriers affecting defense capability, safety, economic and political interests of the Kyrgyz Republic, state-controlled and limited by the special lists and rules developed on basis and in pursuance of the Constitution of the Kyrgyz Republic.

The state secrets of the Kyrgyz Republic are subdivided into the state, military and office secrets.

Information which disclosure can entail heavy effects for defense capability, safety, economic and political interests of the Kyrgyz Republic belongs to the state secret.

The military secret is formed by data of military nature which disclosure can cause damage to Armed forces and interests of the Kyrgyz Republic.

Information which disclosure can make negative impact on defense capability, safety, economic and political interests of the Kyrgyz Republic belongs to official secret. Such information has nature of the separate data relating to the state or military secret and does not open them completely.

Depending on damage which can be caused to defense, safety, economic and political interests of the Kyrgyz Republic owing to unauthorized distribution of the classified information the following restrictive security classifications for carriers of the classified information are appropriated:

"special importance" - information of category of the state secret which disclosure can entail heavy effects for defense capability, safety, economic and political interests of the Kyrgyz Republic;

"top secret" - information of category of the state secret which disclosure can entail heavy effects for defense capability, safety, economic and political interests of the Kyrgyz Republic, and also the data of military nature which are military secret which disclosure can cause damage to Armed Forces of the Kyrgyz Republic;

"confidentially" - the data of military nature which are military secret which disclosure can cause damage to Armed Forces and interests of the Kyrgyz Republic, and also the information which is official secret, having nature of the separate data relating to the state or military secret, at the same time not opening them completely which disclosure can make negative impact on defense capability, safety, economic and political interests of the Kyrgyz Republic.

According to the legislation of the Kyrgyz Republic the classified information with signature stamps of "special importance", "top secret" and "confidentially" belongs to the state secrets;

in the Republic of Kazakhstan:

the data protected by the state which are the state and office secrets which distribution is limited to the state for the purpose of implementation of the effective military, economic, scientific and technical, foreign economic, foreign policy, intelligence, counterintelligence, operational search and other activity which is not conflicting to the commonly accepted rules of international law.

Depending on damage which is caused or it can be put to homeland security of the Republic of Kazakhstan or to interests of state bodies and organizations or industry of national economy owing to unauthorized distribution of the classified information the security classifications corresponding to them for carriers of the specified classified information are established:

"special importance" - to data in the field of military, foreign policy, economic, scientific and technical, intelligence, counterintelligence and operational search activity which distribution can cause damage to homeland security of the Republic of Kazakhstan in one or several of the listed areas;

"top secret" - to data in the field of military, foreign policy, economic, scientific and technical, intelligence, counterintelligence and operational search activity which distribution can cause damage to homeland security of the Republic of Kazakhstan, interests of state body or industry of national economy in one or several of the listed areas;

"confidentially" - to other data having nature of separate data which can be part of the state secret disclosure or loss of which can cause damage to interests of state bodies and organizations in military, foreign policy, economic, scientific and technical, intelligence, counterintelligence or operational search activity.

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