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Agreement between the Government of the Republic of Tajikistan and Government of the Republic of Moldova on mutual protection of the classified information

of November 19, 2004

The government of the Republic of Tajikistan and the Government of the Republic of Moldova which are hereinafter referred to as with the Parties

wishing to provide protection of the classified information which exchange is performed during political, military, economic, scientific and technical or other cooperation, and also the classified information formed in the course of such cooperation

considering mutual interests of the Parties in ensuring protection of the classified information according to the legislation of the Republic of Tajikistan and the Republic of Moldova,

considering mutual interest in implementation of the Agreement on mutual ensuring safety of interstate secrets signed by the governments of the State Parties of the Commonwealth of Independent States on 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 the legislation of the states of each of the Parties, transferred according to the procedure, established by each of the Parties and this agreement, and also formed in the course of cooperation of the Parties which disclosure can cause damage to safety and interests of the Republic of Tajikistan and (or) the Republic of Moldova;

"privacy degree" - category which characterizes importance of the classified information, extent of restriction of access to it and level of its protection of the Parties by the states based on which the security classification is put down;

"carriers of the classified information" - material objects, including physical fields in which the 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 and (or) specified in the accompanying documentation testimonial of degree of privacy of the data containing on the carrier;

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

"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 on it the admission;

"contract" - the agreement signed between authorized bodies within which transfer and (or) formation of the classified information is provided.

Article 2. Subject of this agreement

According to this agreement of the Party provide mutual protection of the Parties of data transferred and (or) formed in the course of cooperation in the field of defense, economies, science and technology, the external relations, state security and protection of law and order which disclosure can cause damage of safety and to interests of the Republic of Tajikistan and (or) the Republic of Moldova and which according to the legislation of the states of the Parties are carried to the state secret.

Depending on damage which can be caused to safety, political or economic interests of the states of the Parties owing to disclosure of the classified information the following degrees of privacy of information and security classifications corresponding to these degrees for carriers of the classified information are established:

In the Republic of Tajikistan: "Favkulodda mukhy", "Komilang of makhfa", "Makhfi";

in the Republic of Moldova: "De importanta deosebita", "Strict secret", "Sesget".

Article 3. Comparability of degrees of privacy

1. Based on legislations of the states of the Party determine that degrees of privacy of information and security classifications corresponding to these degrees for carriers of the classified information are compared as follows: in the Republic of Tajikistan in the Republic of Moldova of "Special importance" - "Favkulodda mukhy" "De important deosebita" "Top secret" - "Komilang of makhfa" "Strict secret" "Is confidential" - "Makhfi" of "Secret"

Article 4. Competent authorities

The competent authorities responsible for the organization of sales activity of this agreement, are:

in the Republic of Tajikistan - Head department on protection of the state secrets under the Government of the Republic of Tajikistan,

in the Republic of Moldova - Service of information and safety of the Republic of Moldova.

Article 5. Measures for protection of the classified information

1. According to the legislation of the Republic of Tajikistan and the Republic of Moldova of the Party shall:

protect the classified information transferred by other Party and (or) formed in the course of cooperation of the Parties;

not change information security classification appropriated by the Party which transferred it without prior written consent of this Party;

accept concerning the Parties of the classified information received and (or) formed in the course of cooperation the same measures are sewn up which are applied to own classified information with the same security classification comparable according to Article 3 of this agreement;

use the classified information transferred by other Party it is exclusive in the purposes provided by its transfer;

not provide to the third party access to the Parties of the classified information received and (or) formed in the course of cooperation without prior written consent of other Party.

2. Access to the classified information is allowed only to persons who need knowledge of this information for accomplishment of the service duties for the purpose of provided by its transfer. Access to the classified information is provided only to persons having the corresponding admission.

3. In case of need additional requirements on protection of the classified information, with detailed statement of obligations according to the address with the classified information and specifying of measures for its protection, join in the relevant contracts.

Article 6. Transfer of the classified information

1. If authorized body of one Party he intends to give the classified information to authorized body of other Party previously requests the written confirmation that the authorized body of other Party has the corresponding admission from competent authority of the Party.

The competent authority of the Party which authorized body intends to perform transfer of the classified information, requests from competent authority of other Party the written confirmation of availability at authorized body of other Party of the corresponding admission to the classified information.

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