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AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN AND GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of May 4, 2006

About mutual protection of the classified information

The government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan 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 states of the Parties, and also formed in the course of such cooperation,

considering mutual interests of the states of the Parties 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 state cooperation of the Parties which unauthorized distribution can cause damage to safety or 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;

"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;

"security classification" - the details testimonial of degree of privacy of the data containing in their carrier, which are put down on the carrier and (or) in the accompanying documentation on it;

"authorized body" - the state body responsible for coordination of sales activity of this agreement in case of implementation of interstate cooperation;

"organization" - state body or the organization which are authorized by the Parties to receive, store, protect, use the classified information transferred or formed in the course of state 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 the organization - 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 the organizations of the states of the Parties within which the classified information will be formed or transferred.

Article 2. Classified information

The classified information are:

- in the Republic of Kazakhstan:

the data protected by the state which are the state or 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 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.

According to the national legal system of the Republic of Kazakhstan the data which are the state and official secret belong to the state secrets. Information with signature stamp of "special importance" and "top secret" belongs to the state secret, with signature stamp "confidentially" - to official secret.

- in the Republic of Tajikistan:

the data protected by the state in the field of defense, economies, the external relations, state security and protection of law and order which distribution can cause damage to safety of the Republic of Tajikistan.

The data which are the state secret are divided into data of special importance, absolutely confidential and confidential:

"SPECIAL IMPORTANCE" - data in the field of defense, economies, the external relations, state security and protection of law and order which distribution can cause damage to safety of the Republic of Tajikistan in one or several of the listed spheres;

"TOP SECRET" - data in the field of defense, economies, the external relations, state security and protection of law and order which distribution can cause damage to interests of the ministries (departments) or industry of economy of the Republic of Tajikistan in one or several of the listed spheres;

"CONFIDENTIALLY" - all other data from among the data which are the state secret which distribution can cause damage to interests of the companies and organizations in the field of defense, economy, the external relations, state security and protection of law and order.

Article 3. Comparability of degrees of privacy

The parties according to national legal systems of the states are determined that degrees of privacy are compared as follows:

in Russian in the Republic in the Republic of Kazakhstan Tajikistan

"Special importance" "Expert ма? yzda" "Favkulodda mukhy" Top secret" "those Pia" "Kamilang махфй" "Confidentially" "piya" of "Makhfy"

Article 4. Measures for protection of the classified information

1. According to the national legal system of the states of the Party shall:

1) to protect the classified information transferred by other Party or formed in the course of state cooperation of the Parties;

2) not to change the security classification appropriated by the transferred Party without its written consent;

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