15. člen BALVTP

1. Sporazum je sklenjen za nedoločen čas. Sporazum mora biti odobren v skladu z notranjepravnimi postopki pogodbenikov in začne veljati prvi dan drugega meseca po prejemu zadnjega uradnega obvestila, da so izpolnjene zahteve, potrebne za začetek njegove veljavnosti. 2. Sporazum se lahko kadar koli spremeni s pisnim soglasjem obeh pogodbenikov. Spremembe začnejo veljati v skladu s prvim odstavkom. 3. Pogodbenik lahko ta sporazum kadar koli pisno odpove. V takem primeru sporazum preneha veljati šest mesecev po dnevu, ko je drugi pogodbenik prejel uradno obvestilo o odpovedi. 4. Ne glede na prenehanje veljavnosti tega sporazuma se vsi tajni podatki, dostavljeni na podlagi tega sporazuma, še naprej varujejo v skladu z določbami tega sporazuma, dokler pogodbenik izvora pogodbenika prejemnika ne razreši te obveznosti. 5. Sporazum ne vpliva na pravice in obveznosti pogodbenikov iz drugih mednarodnih sporazumov. 6. Za izvajanje tega sporazuma se lahko sklenejo dogovori o izvajanju. Sestavljeno v Tirani 7. maja 2010 v dveh izvirnikih v slovenskem, albanskem in angleškem jeziku, pri čemer so vsa besedila enako verodostojna. Pri različni razlagi prevlada angleško besedilo. V potrditev tega sta podpisana, ki sta bila za to pravilno pooblaščena, podpisala ta sporazum. Za Vlado Republike Slovenije Milan Tarman l.r. Za Svet ministrov Republike Albanije Shyqyri Dekavelli l.r. The Government of the Republic of Slovenia and the Council of Ministers of the Republic of Albania, hereinafter referred to as the "Parties", having agreed to hold talks on security related issues and to broaden and tighten their mutual cooperation, realizing that good cooperation may require the exchange of Classified Information between the Parties and wishing to ensure the protection of Classified Information exchanged between the Parties or between public and private entities under their jurisdiction, in respect of national interests and security, have agreed the following: For the purpose of this agreement these terms mean the following: "Classified Information": Any information, document or material, regardless of its form, designated and marked as such under the national legislation of either Party and requiring protection against unauthorised disclosure, misappropriation or loss. "Classified Contract": A contract or a subcontract, including pre-contractual negotiations, which contains Classified Information or involves access to it. "Originating Party": The Party, including any public or private entities under its jurisdiction, which releases Classified Information to the Recipient Party. "Recipient Party": The Party, including any public or private entities under its jurisdiction, which receives Classified Information from the Originating Party. "Third Party": A state, including any public or private entities under its jurisdiction, or an international organisation that is not a Party to this Agreement. "Need-to-Know": The principle by which access to Classified Information may be granted to an individual only in connection with his/her official duties or tasks. "Personnel Security Clearance": The determination by a Competent Security Authority that an individual is eligible to have access to Classified Information, in accordance with national legislation. "Facility Security Clearance": The determination by a Competent Security Authority that a legal entity has the physical and organisational capability to fulfil the prescribed conditions for Classified Information handling in accordance with national legislation. "Contractor": A public and/or private entity possessing the legal capability to conclude a Classified Contract. "Visitor": Representative of public or private entities under the jurisdiction of a Party who requires to visit facilities of the other Party engaged in activities involving Classified Information. In accordance with their national legislation both Parties shall take all appropriate measures to ensure the protection of Classified Information that is transmitted or generated according to this agreement. 1. The National Security Authorities designated by the Parties as responsible for the general implementation and relevant controls of all aspects of this agreement are: In the Republic of Slovenia: Urad Vlade Republike Slovenije za varovanje tajnih podatkov (National Security Authority – NSA) In the Republic of Albania: Drejtoria e Sigurimit të Informacionit të Klasifikuar (National Security Authority – NSA) 2. The National Security Authorities shall notify each other of any other Competent Security Authorities that are responsible for the implementation of this agreement. 3. The Parties shall inform each other of any subsequent changes of the National Security Authorities. 1. Classified Information released under this agreement shall be marked with the appropriate security classification level under the national legislation of the Parties. 2. The equivalence of the national security classification markings is as follows: text="+---------------------+--------------------+-------------------+ | Republic | Republic | English | | of Slovenia | of Albania | translation | +---------------------+--------------------+-------------------+ | STROGO TAJNO | TEPËR SEKRET | TOP SECRET | +---------------------+--------------------+-------------------+ | TAJNO | SEKRET | SECRET | +---------------------+--------------------+-------------------+ | ZAUPNO | KONFIDENCIAL | CONFIDENTIAL | +---------------------+--------------------+-------------------+ | INTERNO | I KUFIZUAR | RESTRICTED | +---------------------+--------------------+-------------------+" 1. Access to information classified as RESTRICTED shall be limited to persons who have a Need-to-Know and who have been briefed accordingly. 2. Access to information classified as CONFIDENTIAL and above shall be limited to persons who have a Need-to-Know and have an appropriate Personnel Security Clearance. 3. The Parties shall mutually recognise their respective Personnel Security Clearances and Facility Security Clearances. Paragraph 2 of Article 4 shall apply accordingly. 1. The Parties shall afford Classified Information referred to in this agreement the same protection as their own information of the corresponding level of security classification. 2. The Competent Security Authority of the Originating Party shall: a) ensure that Classified Information is marked with the appropriate security classification marking in accordance with its national legislation, and b) inform the Recipient Party – of any conditions of release or limitations on the use of the Classified Information, and – of any subsequent changes in the classification level. 3. The Competent Security Authority of the Recipient Party shall: a) ensure that Classified Information is marked with the equivalent classification marking in accordance with Paragraph 2 of Article 4, b) ensure that the classification level is not changed unless authorized in writing by the Originating Party, c) use the Classified Information only for the purpose for which it has been delivered and within the limitations stated by the Originating Party, and d) not release Classified Information to a Third Party without the prior written consent of the Originating Party. 1. Classified Information shall be transmitted between the Parties through diplomatic or military channels or through other channels approved by their Competent Security Authorities in accordance with national legislation. 2. Information classified as RESTRICTED may be transmitted also by post or another delivery service in accordance with national legislation. 1. All reproductions and translations shall bear the appropriate security classification markings and they shall be afforded the same protection as the original Classified Information. Translations and the number of reproductions shall be limited to the minimum required for an official purpose. 2. All translations shall contain a suitable annotation, in the language of translation, indicating that they contain Classified Information of the Originating Party. 3. Classified Information marked TOP SECRET shall be translated or reproduced only with the written permission of the Originating Party. 4. Classified Information marked TOP SECRET shall not be destroyed. It shall be returned to the Originating Party. If in the case of a crisis situation, it is not possible to protect Classified Information marked TOP SECRET or return it to the Originating Party, it shall be destroyed immediately. The Recipient Party shall notify the Originating Party of the destruction of the Classified Information. 5. Information classified as SECRET or below shall be destroyed after it is no longer considered necessary by the Recipient Party, in accordance with national legislation. 1. If the Competent Security Authority of the Originating Party intends to permit negotiations for concluding a Classified Contract with a contractor under the jurisdiction of the Recipient Party, it shall, on request, obtain all relevant Personnel Security Clearances and Facility Security Clearances from the Competent Security Authority of the Recipient Party. 2. In the case of an open classified tender, the Competent Security Authority of the Recipient Party may provide the Competent Security Authority of the Originating Party with the relevant Personnel Security Clearances and Facility Security Clearances, even without a request. 3. Sub-contractors shall be subject to the same security requirements as the contractor that concluded the main Classified Contract. 4. The Competent Security Authority of the Originating Party may propose and participate in security inspections at facilities carried out by the Competent Security Authority of the Recipient Party to ensure their compliance with this agreement. 1. Visits requiring access to Classified Information shall be subject to prior permission of the Competent Security Authority of the host Party. 2. A request for a visit shall be submitted to the relevant Competent Security Authority at least 20 days prior to the commencement of the visit. The following data shall be used for the purpose of the visit only. The request for the visit shall include: a) the visitor's name, date and place of birth, nationality and ID card/passport number; b) the visitor's position, with a specification of the employer whom the visitor represents; c) a specification of the project in which the visitor is participating; d) the validity and level of the visitor's Personnel Security Clearance, if required; e) the name, address, phone/fax number, e-mail and point of contact of the facility to be visited; f) the purpose of the visit, including the highest level of Classified Information to be involved; g) the date and duration of the visit. In the case of recurring visits, the total period covered by the visits shall be stated; h) the date and signature of the sending Competent Security Authority. 3. In urgent cases, the Competent Security Authorities may agree on a shorter period of submission of a request for a visit. 4. The Competent Security Authorities may agree on a list of visitors entitled to recurring visits. The list shall be valid for a period not exceeding 12 months. A request for recurring visits shall be submitted in accordance with Paragraph 2 of this article. Once a list has been approved, visits may be arranged directly between the facilities involved. 5. Any Classified Information acquired by a visitor shall be considered to be Classified Information under this agreement. 1. In order to achieve and maintain comparable standards of security, the Competent Security Authorities shall, on request, provide each other with information about their national security standards, procedures and practices for the protection of Classified Information. To this end, the Competent Security Authorities may visit each other. 2. The Competent Security Authorities shall inform each other of exceptional security risks that may endanger the released Classified Information. 3. On request, the Competent Security Authorities shall, in accordance with national legislation, assist each other in carrying out security clearance procedures. 4. The Competent Security Authorities shall promptly inform each other about any changes in mutually recognized Personnel Security Clearances and Facility Security Clearances. 5. The security services of the Parties may exchange operative or/and intelligence information directly in accordance with national legislation. 6. Co-operation under this agreement shall be effected in the English language. 1. Each Party shall immediately notify the other Party of any suspicion or discovery of a breach or compromise of the security of Classified Information. 2. The competent Party shall undertake all possible appropriate measures under its national legislation to limit the consequences of the breach or compromise referred to in Paragraph 1 of this article and to prevent further violations. On request, the other Party shall provide investigative assistance; it shall be informed of the outcome of the investigation and the measures undertaken due to the violation. Each Party shall bear its own expenses incurred in the course of implementation of this agreement. Any dispute regarding the interpretation or application of this agreement shall be settled by consultations and negotiations between the Parties and shall not be referred to any international tribunal or Third Party. 1. This agreement is concluded for an indefinite period of time. It is subject to approval in accordance with the national legal procedures of the Parties and shall enter into force on the first day of the second month following receipt of notification that the necessary requirements for this agreement to enter into force have been fulfilled. 2. This agreement may be amended at any time by the written consent of both Parties. Such amendments shall enter into force in accordance with Paragraph 1 of this article. 3. Each Party shall have the right to terminate this agreement in writing at any time. In such a case, the validity of the agreement shall expire 6 months following the day on which the termination notice was received by the other Party. 4. Notwithstanding the termination of this agreement, all Classified Information delivered under this agreement shall continue to be protected in accordance with the provisions stated in this agreement until the Originating Party relieves the Recipient Party of this obligation. 5. This agreement does not prejudice the rights and obligations of the Parties arising from other international agreements. 6. Implementing arrangements may be concluded for the implementation of this agreement. Done in Tirana on 7 May 2010 in two originals in the Slovenian, Albanian and English languages, each text being equally authentic. In the case of different interpretations, the English text shall prevail. In witness whereof the undersigned, being duly authorised thereto, have signed this agreement. On behalf of the Government of the Republic of Slovenia Milan Tarman (s) On behalf of the Council of Ministers of the Republic of Albania Shyqyri Dekavelli (s)