17. člen BSKVTP

(1)Ta sporazum začne veljati prvi dan drugega meseca po dnevu prejema zadnjega obvestila, s katerim se pogodbenici po diplomatski poti obvestita o končanju notranjih postopkov za začetek veljavnosti tega sporazuma.

(2)Ta sporazum se lahko spremeni na podlagi dogovora med pogodbenicama. Spremeni se s pisnim uradnim obvestilom. Spremembe tega sporazuma začnejo veljati v skladu s postopki za začetek veljavnosti iz prvega odstavka tega člena.

(3)Pogodbenica lahko odpove ta sporazum s pisnim uradnim obvestilom. Odpoved začne veljati šest mesecev po datumu, ko je druga pogodbenica prejela uradno obvestilo. Vsi tajni podatki, ki so bili izmenjani ali so nastali v skladu s tem sporazumom, se varujejo v skladu z določbami tega sporazuma tudi po prenehanju veljavnosti sporazuma, dokler je to potrebno zaradi njihove narave in stopnje tajnosti. Sestavljeno v Bratislavi dne 8. decembra 2004 v dveh izvirnikih v slovenskem, slovaškem in angleškem jeziku. Ob razlikah v razlagi velja angleško besedilo. Za Vlado Republike Slovenije Ludvik Čarni l. r. Za Vlado Slovaške republike Aurel Ugor l. r. The Government of the Republic of Slovenia and the Government of the Slovak Republic (hereinafter referred to as “the Parties“) being aware of the need to set rules of mutual protection of exchanged classified information, with aim to protect classified information that were specified by the legislation of the state of one of the Parties such as marked and handed to the state of the other Party through competent bodies or subjects in accordance with the need to meet the requirements of the state administration and self-administration or within agreements on co-operation, business contracts and orders concluded between bodies of state administration and self-administration, corporate entities and individuals of both states, have agreed as follows: For the purpose of this Agreement: a) “classified information” is information, no matter in what carrier or form preserved, which is subject of protection against unauthorized manipulation according to the legislation of the states of the Parties, and which were according to this legislation appropriately marked with the classification level, b) “relevant bodies” are bodies of the states of the Parties, stated in article 13 of this Agreement which are responsible for the protection and mutual provision of classified information according to the legislation of the states of the Parties, c) “authorized bodies” are bodies of the state administration and self-administration which ensure the protection of provided classified information according to the legislation of the states of the Parties. Competent bodies carry out the control of the activities of authorized bodies. d) “classified contract” is an agreement between two or more contractors defining their enforceable rights and obligations and the part of which shall be or may be classified information, e) “contractor” is an individual or corporate entity possessing the legal capacity to undertake contracts. The Parties agreed on mutual comparability of stated levels of classification as follows: text="+------------+-----------+-------------+ |Republic of | Slovak | Equivalent | | Slovenia | Republic | in English | +------------+-----------+-------------+ |STROGO |PRÍSNE |TOP SECRET | |TAJNO |TAJNÉ | | +------------+-----------+-------------+ |TAJNO |TAJNÉ |SECRET | +------------+-----------+-------------+ |ZAUPNO |DÔVERNÉ |CONFIDENTIAL | +------------+-----------+-------------+ |INTERNO |VYHRADENÉ |RESTRICTED | +------------+-----------+-------------+" The Parties shall recognize the certificate on security clearances of persons of the second state issued in accordance with its national legislation. The Parties can recognize the certificate on industrial security of corporate entities of the second state issued in accordance with its national legislation on the basis of a request from the second Party. Relevant bodies of the states of the Parties are obliged to inform each other about any changes in the certificate on security clearances and the certificate on industrial security which are connected with the activities performed according to this Agreement, especially if they were revoked or the classification level was decreased.

(1)Released classified information shall be marked by the relevant body of the state of the receiving Party or on his/her incentive with a comparable classification level according to Article 2 of this Agreement in accordance with the national legislation.

(2)Relevant body of the state of the receiving Party shall change the classification level or declassify, or ensure the change or declassification only on the basis of a written announcement or request of the relevant body of the state of the releasing Party. The relevant bodies shall inform about the change of the classification level or declassification without any delay.

(1)Competent bodies and authorized bodies shall take in accordance with the legislation of the states of the Parties all necessary measures to protect classified information provided under this Agreement or classified information which the contractor acquainted with in connection with the classified contract.

(2)Classified information shall be used strictly only for purposes for which they have been provided and may be released only to persons who have the security clearance and who need to know them for the fulfillment of their working duties. No other person shall be authorized to acquaint with the provided classified information only on the basis of his/her rank, position or certificate on security clearance.

(3)Released classified information shall not be disclosed to the third party without the prior written approval of the releasing Party.

(1)Before concluding a classified contract the relevant body of the state of the releasing Party shall request from the relevant body of the state of the receiving Party written information that the contactor has a certificate on industrial security of the relevant level.

(2)The relevant body of the state of the releasing Party shall deliver to the relevant body of the state of the receiving Party the list of classified information provided within the classified contract including their classification levels.

(3)The relevant body of the state of the receiving Party shall confirm in writing the receipt of the released classified information.

(1)Classified information shall be transported from the state of one Party to the state of other Party by diplomatic means.

(2)Classified information provided by electromagnetic transfer shall be done through certified cryptographic means.

(3)The relevant bodies may agree on other ways of releasing of classified information.

(1)Translation of classified information may be done only by persons having the security clearance corresponding to the classification level of the original document. The translation shall be marked with the same classification level as the original document.

(2)In case of reproduction of the classified information their original classification level shall be reproduced too. Copies of classified information may be made only in the necessary amount.

(3)Translation and copies of classified information marked TOP SECRET and SECRET may be done only on the basis of a written approval of the relevant body of the state of the releasing Party.

(1)Classified information and their carriers shall be destroyed or modified in a way to prevent any possibility of their reproduction.

(2)Classified information marked as TOP SECRET and SECRET shall not be destroyed by the recipient without the written consent of the relevant body of the state of the releasing Party. The copy of the report on destruction of this classified information shall be delivered to the relevant body of the state of the releasing Party.

(1)Visits that require access to classified information of the state of the second Party shall have a permission issued by the relevant body. The authorized body shall proceed equally in case it is empowered to issue such permission.

(2)A request for visit shall be sent to the relevant body or authorized body of the host state, as a rule ten working days before the planned realization of the visit.

(3)Requests for visit shall include following: a) name and surname of visitor, date and place of birth, passport number, b) nationality c) position of visitor and name of institution or company (s)he is representative of, or name and closer identification of classified contract (s)he takes part in d) information on the level of security clearance of visitor e) purpose of visit and estimated date of arrival and departure, f) name of institution or company to be visited.

(4)In case of repeated visits the relevant bodies or authorized bodies shall be competent to approve the lists of regular visits. These lists shall be valid for twelve months at maximum.

(1)In case of unauthorized access to classified information provided by the state of the second Party or in case such access shall not be possible to rule out, the relevant body of the state of the releasing Party shall be informed about it.

(2)Breach of protection of classified information stated in paragraph 1 shall be investigated by the bodies of the state within which the breach was realized. The relevant body of the state of the second Party shall be informed on the outcome. Any costs incurred in the application of this Agreement shall be borne by the Party providing the services.

(1)Relevant bodies of the states of the Parties are: in the Republic of Slovenia Urad Vlade Republike Slovenije za varovanje tajnih podatkov (Office of the Government of the Republic of Slovenia for the Protection of Classified Information) in the Slovak Republic Národný bezpečnostný úrad (National Security Authority).

(2)The Parties shall, through diplomatic channels, inform each other on any change of the relevant bodies.

(3)Relevant bodies may conclude executive protocols for realization of this Agreement. This agreement shall not influence the obligations in the field of protection of classified information resulting from other international agreements the states of the Parties are bound by.

(1)Relevant bodies shall mutually inform one another on the valid legislation concerning the protection of classified information and on any changes or amendments.

(2)For the purpose of cooperation in realization of the provisions of this Agreement relevant bodies shall consult one another on the request of one of them.

(3)Relevant bodies shall co-operate at examining the sufficient protection of released classified information and at performing inspections. Any dispute concerning the interpretation or implementation of this Agreement shall be solved by direct consultation between the relevant bodies.

(1)This Agreement shall enter into force on the first day of the second

(2)month following the receipt of the last of the notes with which both Parties hereto notify each other trough diplomatic channels of the completion of the internal procedures required for entering of this Agreement into force.

(2)This Agreement may be changed or amended on the basis of the mutual agreement of the Parties. Any changes and amendments shall be done by a written notification. Changes and amendments to this Agreement shall enter into force according to the procedures for entering into force stated in paragraph 1 of this Article.

(3)Each Party may terminate this Agreement by a written notification. The termination shall take effect six

(6)months following the date on which the notification was received by the other Party. All classified information that have been exchanged or arouse in compliance with this Agreement, shall be protected according to the provisions of this Agreement even after repudiation of the agreement, until their nature and classification require so. Done in Bratislava on 8 December 2004, in two originals, each in the Slovak, Slovenian and English languages. In case of differences of interpretation, the English text shall prevail. For the Government of the Republic of Slovenia Ludvik Čarni (s) For the Government of the Slovak Republic Aurel Ugor (s)