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

of December 9, 2007

The government of the Republic of Tajikistan and the Government of Turkmenistan which further are referred to as with the Parties

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

considering mutual interests of the Parties in ensuring protection of the classified information, according to national legal systems of the Republic of Tajikistan and Turkmenistan, agreed as follows:

Article 1. Determination of terms

For the purposes of this agreement 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 the Parties, transferred (received) 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 unauthorized distribution can cause damage to safety and interests of the Republic of Tajikistan and Turkmenistan;

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

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

"security classification" - the detail of the carrier of the classified information certifying degree of privacy of this information, which is put down on the carrier of the classified information or specified in the accompanying documentation it;

"agreement" - the agreement, the agreement or the contract signed between authorized bodies of the states of the Parties within which the classified information will be formed or transferred;

"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" - acquaintance with the classified information of the physical person having the corresponding admission to the classified information authorized according to the legislation of the state of the Party;

"authorized body" - state body or the legal entity who are authorized by the Parties to transfer, receive, store, protect, to use the classified information;

"competent authority" - the state body responsible for coordination of sales activity of this agreement in case of implementation of interstate cooperation.

Article 2. Comparability of degrees of privacy

According to legislations of the states of the Parties of degree of privacy and the security classifications corresponding to them are compared as follows:

+--------------------+-------------------------+---------------------+
|   В Республике     |                         |   В Туркменистане   |
|   Таджикистан      |                         |                     |
+--------------------+-------------------------+---------------------+
| "Фавкулодда мухим" |    "Особой важности"    | Ауratyn ahmiyetli   |
+--------------------+-------------------------+---------------------+
| "Комилан махфй"    |   "Совершенно секретно" | Oran gizlin         |
+--------------------+-------------------------+---------------------+
| "Махфй"            |        "Секретно"       | Gizlin              |
+--------------------+-------------------------+---------------------+
Article 3. Measures for protection of the classified information

1. According to national legal systems of the Republic of Tajikistan and Turkmenistan of the Party shall:

provide protection of the classified information obtained or formed in the course of cooperation of the Parties;

not change the security classification appropriated by authorized body of the state of the transferred Party without its written consent;

in the address with obtained classified information to take the same measures of protection which are used concerning own confidential information which degrees of privacy are compared according to Article 2 of this agreement;

use the classified information obtained from authorized body of the state of other Party it is exclusive in the purposes provided by its transfer;

not provide to the third party access to the classified information without prior written consent of the Party which transferred her.

2. Access to the classified information is allowed only to persons who need acquaintance with this information for accomplishment of the service duties for the purpose of provided by its transfer. Access to the classified information to such persons is provided in the presence of the corresponding admission.

3. In case of need, additional requirements on protection of the classified information join in agreements on certain type of activity in which obligations according to the address with the classified information and measures for its protection are stated.

Article 4. Transfer of the classified information

1. In case of intention of authorized body of the state of one Party to transfer the classified information to authorized body of the state of other Party, it requests previously from competent authority of the state of the Party the written confirmation that the authorized body of the state of other Party has the corresponding admission.

The competent authority of the state of one Party requests from competent authority of the state of other Party the written confirmation of availability at authorized body of the state of other Party of the corresponding admission, and also necessary opportunities for ensuring proper protection of the classified information.

2. The decision on transfer of the specific classified information is made by the Parties in each separate case according to national legal systems of the states of the Parties.

3. Transfer of the classified information from one state in another is performed through diplomatic channels, courier service or other representatives on that by services according to international treaties which participants are the Parties. The relevant competent or authorized body confirms receipt of the classified information.

4. For transfer of carriers of the classified information of considerable amount the relevant competent authorities of the states of the Parties in each separate case establish transportation methods, route and form of maintenance.

Competent authorities of the states of the Parties communicate about each such case.

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