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AGREEMENT BETWEEN THE REPUBLIC OF BELARUS AND RUSSIAN FEDERATION ON MUTUAL ENSURING PROTECTION OF THE STATE SECRETS OF THE REPUBLIC OF BELARUS AND STATE MYSTERY OF THE RUSSIAN FEDERATION

of January 20, 2003

The Republic of Belarus and the Russian Federation which are hereinafter referred to as with the Parties

in view of the Agreement on mutual ensuring safety of interstate secrets from January 22, 1993,

proceeding from the aspiration to strengthen the traditional friendly relations and to develop mutually beneficial cooperation,

for the benefit of mutual ensuring protection of the data transferred and received in the course of bilateral cooperation constituting the state secrets of the Republic of Belarus and (or) the state mystery of the Russian Federation

agreed as follows:

Article 1

For the purposes of this agreement the following concepts are used:

"the state secret" - the data constituting the state secrets according to the legislation of the Republic of Belarus and (or) the state secret in accordance with the legislation of the Russian Federation transferred each other and (or) received in the course of bilateral cooperation;

"protection of the state secret" - acceptance by the Parties according to the national legal system and this agreement of legal, administrative, organizational, technical and other measures on non-admission of unauthorized distribution of the state secret and on safety of its carriers;

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

"unauthorized distribution of the state secret" the bringing to publicity of the state secret or violation established by the national legal system of the relevant Party and this agreement of procedure (rules) of distribution of the specified secret owing to what it became known to persons which do not have access to it;

"sekretnksta signature stamp" - the detail testimonial of degree of privacy of the data containing on the carrier of these data, which is put down on the carrier or on the accompanying document on it;

"the confidential order" - the order which execution is connected with use or receipt of the state secret;

"the organizations of the Parties" - the organizations involved in execution of the confidential order or other justly become owners of the state secret.

Article 2

Subject of this agreement is mutual ensuring protection of the state secret with the Parties.

To the solution of question of determination of the owner of the Parties of the data constituting the state secrets of the Union of Soviet Socialist Republics, which are not carried to the state secrets of the Republic of Belarus being in the territories and which are not included in the list of the data which are the state secret of the Russian Federation, each of the Parties shall take such measures of protection of these data which are performed by it concerning own data of the corresponding degree of privacy.

Article 3

Transfer of the state secret does not attract transfer of exclusive rights on it and the property rights to its carriers if the agreement on other is not reached.

The question of exclusive rights is solved the Parties on the basis of the corresponding agreements on cooperation in creation of intellectual property items on the results of intellectual activities created in the course of bilateral cooperation which are the state secret.

Article 4

The parties according to the national legal system determine the bodies responsible for implementation of this agreement which within the competence interact directly.

Interaction of the organizations of the Parties in case of placement of the confidential order is performed in coordination with the bodies of the Parties responsible for implementation of this agreement.

Interaction of the organizations of the Parties in course of execution of the confidential order is performed by them directly according to the procedure, provided by the national legal system of the Parties and the relevant contract (agreement) signed between them.

Article 5

Reference of data to the state secret and determination of degree of its privacy is performed by each of the Parties according to the national legal system.

The admission to the state secret of citizens, representatives and organizations of the Parties is performed by the Parties according to the national legal system.

Degree of privacy of the state secret and the security classification corresponding to this degree for its carriers are compared as follows:

in the Republic of Belarus in the Russian Federation

"Special importance" of "Special importance"

"Top secret" "Top secret"

"Confidentially" "Confidentially".

Article 6

The parties for the purpose of ensuring protection of the state secret:

apply measures of protection which are performed by them concerning own state mystery of the corresponding degree of privacy and its carriers if other is not provided by the national legal system of the Parties;

use the state secret only for the purpose of, provided by its transfer;

perform transfer of the state secret to the third party only from written consent of the Party which presented her.

Article 7

The party which received the state secret cannot change degree of its privacy and the corresponding security classification on its carriers without written consent of the Party which provided such secret.

If the state secret is transferred or copied on other carrier, the security classification corresponding to original security classification is applied on it.

Carriers of the state secret as agreed by the parties return to the Party which transferred them or are destroyed with observance of the national legal system of that Party in the territory of which these carriers are by the method guaranteeing not reproduction of the specified secret. The fact of destruction of carriers of the state secret is documented according to the national legal system of the Party which performed it, and the copy of the relevant document is transferred to other Party.

Use of carriers of the state secret declassified according to the national legal system is performed as agreed by the parties.

Article 8

In case of unauthorized distribution of the state mystery of the Party apply the national legal system taking into account circumstances of unauthorized distribution.

In case of identification of the fact of unauthorized distribution of the state mystery of the Party hold consultations, perform trial according to the national legal system and inform each other on its results.

When implementing such trial of the Party can under the mutual agreement according to the national legal system and international treaties signed between them to direct to each other the representatives. Payment of all expenses connected with sending of such persons is made by the sending party if the Parties did not agree about other.

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