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AGREEMENT BETWEEN THE REPUBLIC OF BELARUS AND REPUBLIC OF MOLDOVA

of March 26, 2015

About mutual protection of the classified information

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

for the benefit of strengthening of the friendly relations and development of mutually beneficial political, military, economic, scientific and technical and other cooperation between the Republic of Belarus and the Republic of Moldova,

realizing important role of bilateral cooperation for peacekeeping and the international security,

for the purpose of the mutual ensuring protection of the state secrets of the Republic of Belarus and data which are the state secret of the Republic of Moldova, need in to which transfer can arise at the Parties, and also creation of the legal basis for their protection,

agreed as follows:

Article 1 Terms and their determinations

For the purposes of this agreement the following terms and their determinations are applied:

"classified information" – the data constituting the state secrets of the Republic of Belarus as a result of disclosure or loss of which can come heavy effects for homeland security of the Republic of Belarus or essential harm can be done to homeland security of the Republic of Belarus, and (or) the data which are the state secret of the Republic of Moldova, unauthorized disclosure or loss of which can infringe on the interests and (or) safety of the Republic of Moldova protected according to the legislation of the Parties, transferred (received), and also formed in the course of bilateral cooperation;

"security classification" – the detail testimonial of degree of privacy of the data containing on the carrier of the classified information, which is put down on the carrier or in the accompanying documentation to it;

"the admission to the classified information" – the rights of physical persons to access to the classified information and the right of the organizations to work which are drawn up according to the legislation of the Parties with use of such information;

"access to the classified information" – acquaintance and (or) work of physical person with the classified information performed according to the legislation of the Parties;

"protection of the classified information" – acceptance according to the legislation of the Parties and this agreement of legal, organizational, technical and other measures on non-admission of unauthorized distribution of the classified information;

"competent authorities" – the bodies of the Parties responsible for implementation of this agreement;

"the contract (agreement)" – the written agreement between authorized bodies providing transfer, obtaining and (or) creation of the classified information;

"unauthorized distribution of the classified information" – disclosure either loss of the classified information or violation of the procedure for protection of such information established by the legislation of the Parties owing to what it becomes known to persons which do not have to it access or can become it known;

"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;

"confidential works" – the works connected with use of the classified information including training;

"third party" – the foreign state, the international organization or interstate education which are not any of the Parties of this agreement;

"authorized bodies" – the state bodies or other organizations of the Parties authorized according to the legislation of the Parties to transfer, receive, store, use, to protect the classified information.

Article 2 Subject of the agreement

Subject of this agreement is mutual ensuring protection of the classified information with the Parties.

Article 3 Comparability of Degrees of Privacy

The parties according to this agreement and the legislation of the Parties are determined that degrees of privacy and security classifications corresponding to them are compared as follows:

In the Republic of Belarus

In the Republic of Moldova

"Special importance"

"Top secret"

"Top secret"

"Confidentially"

"Confidentially"

"Confidentially"

 

"Limited use"

Article 4 Competent authorities

Competent authorities of the Parties are:

in the Republic of Belarus – Committee for State Security of the Republic of Belarus;

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

Competent authorities within the competence interact directly.

The organization of interaction of authorized bodies within this agreement is performed in coordination with competent authorities of the Parties.

Interaction of authorized bodies during the course of performance of confidential works is performed by them directly according to the procedure, stipulated by the legislation the Parties and the relevant contract (agreement) signed between them.

Article 5 of the Measure of protection of the classified information

According to the national legal system of the Party shall:

apply to the classified information and its carriers of measure of protection which are performed by them concerning own classified information of the corresponding degree of the privacy compared according to Article 3 of this agreement;

not change security classification without prior written consent of the authorized bodies which transferred and (or) created the classified information;

determine or change privacy degree jointly to the classified information created during cooperation, and also perform its declassification in coordination with the authorized bodies participating in its creation;

use the classified information only in the purposes provided by its transfer;

not provide access to obtained classified information and not transfer it to the third party without prior written consent of the authorized body of the Party which transferred the classified information.

In case of need additional requirements about protection of the classified information (with detailed statement of obligations according to the address with the classified information and specifying of measures of its protection) can make a reservation the transferring Party in the contract (agreement).

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