16. člen BBHIMVTP

(1)Sporazum začne veljati prvi dan drugega meseca po prejemu zadnjega uradnega obvestila, s katerim se pogodbenika po diplomatski poti obvestita, da so izpolnjene njune notranjepravne zahteve, potrebne za začetek veljavnosti tega sporazuma.

(2)Sporazum se lahko spremeni z medsebojnim pisnim soglasjem pogodbenikov. Spremembe začnejo veljati v skladu s prvim odstavkom tega člena.

(3)Ta sporazum se sklene za nedoločen čas. Pogodbenik ga lahko odpove s pisnim obvestilom, ki ga po diplomatski poti pošlje drugemu pogodbeniku. V tem primeru sporazum preneha veljati šest mesecev po dnevu, ko drug pogodbenik prejme obvestilo o odpovedi.

(4)Ob prenehanju veljavnosti tega sporazuma se vsi tajni podatki, preneseni v skladu s tem sporazumom, še naprej varujejo v skladu z njegovimi določbami in se na podlagi zaprosila vrnejo pogodbeniku izvora.

(5)Za izvajanje tega sporazuma se lahko sklenejo dogovori o izvajanju. V potrditev tega sta podpisana, ki sta bila za to pravilno pooblaščena, podpisala ta sporazum. Sklenjeno v Sarajevu, 7. oktobra 2013 v dveh izvirnikih v slovenskem jeziku, uradnih jezikih Bosne in Hercegovine (bosanskem, hrvaškem in srbskem) ter angleškem jeziku, pri čemer so vsa besedila enako verodostojna. Pri različni razlagi prevlada angleško besedilo. Za Vlado Republike Slovenije Boris Mohar l.r. Za Svet ministrov Bosne in Hercegovine Mate Miletić l.r. The Government of the Republic of Slovenia and the Council of Ministers of Bosnia and Herzegovina hereinafter referred to as the "Parties", wishing to ensure the protection of Classified Information exchanged between the Parties or between public and private entities under their jurisdiction have agreed on the following: In accordance with their national laws and regulations and in respect of national interests and security both Parties shall take all appropriate measures to ensure the protection of Classified Information, which is transmitted or generated according to this Agreement. For the purposes of this Agreement these terms mean the following: Classified Information: Any information, regardless of its form, which is transmitted or generated between the Parties under the national laws and regulations of either Party and requires in the interests of national security protection against unauthorised disclosure or other compromise and is designated as such and marked appropriately by a Party. 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. Need-to-Know: A 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: A determination following a vetting procedure in accordance with the national laws and regulations, on the basis of which an individual is authorised to have access to and to handle Classified Information up to the level defined in the clearance. Facility Security Clearance: A determination following a vetting procedure certifying that a contractor which is a legal entity fulfils the conditions of handling Classified Information in accordance with the national lows and regulations of one of the Parties. Contractor: An individual or a legal entity possessing the capacity to conclude contracts. Classified Contract: A contract or a subcontract, including pre-contractual negotiations, which contains Classified Information or involves access to it. 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.

(1)The National Security Authorities designated by the Parties as responsible for the general implementation and the relevant controls of all aspects of this Agreement are: In the Republic of Slovenia: Urad Vlade Republike Slovenije za varovanje tajnih podatkov (Government Office for the Protection of Classified Information); In Bosnia and Herzegovina: Ministarstvo sigurnosti Bosne i Hercegovine (Ministry of Security of Bosnia and Herzegovina), Sektor za zaštitu tajnih podataka – Državni sigurnosni organ (Sector for protection of Classified Information – National Security Authority).

(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 through diplomatic channels 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 in accordance with the national laws and regulations of the Parties.

(2)The following national security classification markings are equivalent: text="+-------------+-------------+-------------+ | Republic | Bosnia | English | | of Slovenia | and | translation| | | Herzegovina | | +-------------+-------------+-------------+ | STROGO TAJNO| VRLO TAJNO | TOP SECRET | +-------------+-------------+-------------+ | TAJNO | TAJNO | SECRET | +-------------+-------------+-------------+ | ZAUPNO | POVJERLJIVO | CONFIDENTIAL| +-------------+-------------+-------------+ | INTERNO | INTERNO | RESTRICTED | +-------------+-------------+-------------+"

(1)Access to Classified Information shall be allowed only to those individuals with a Need-to-Know, who have been briefed on handling and protection of Classified Information and who have been duly authorised in accordance with national laws and regulations.

(2)The Parties shall mutually recognise their Personnel and Facility Security Clearances. Paragraph 2 of Article 4 shall apply accordingly.

(1)The Parties shall afford to Classified Information referred to in this Agreement the same protection as to their own Classified Information of the corresponding security classification level.

(2)The Competent Security Authority of the Originating Party shall: a) ensure that the Classified Information is marked with an appropriate security classification marking in accordance with its national laws and regulations, 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 security classification.

(3)The Competent Security Authority of the Recipient Party shall: a) ensure that the Classified Information is marked with an equivalent security classification marking in accordance with Paragraph 2 of Article 4, and b) ensure that the security classification level is not changed unless authorized in writing by the Originating Party.

(4)Each Party shall ensure that appropriate measures are implemented for the protection of Classified Information processed, stored or transmitted in communication and information systems. Such measures shall ensure the confidentiality, integrity, availability and, where applicable, non-repudiation and authenticity of Classified Information as well as an appropriate level of accountability and traceability of actions in relation to that information.

(1)The Recipient Party shall use Classified Information only for the purpose for which it has been released and within the limitations stated by the Originating Party.

(2)The Recipient Party shall not release Classified Information to a Third Party without a written consent of the Originating Party.

(1)Classified Information shall be transmitted between the Parties through diplomatic channels or through other secure channels mutually approved by their National Security Authorities in accordance with the national laws and regulations.

(2)Information classified as RESTRICTED may be transmitted also by post or another delivery service in accordance with the national laws and regulations.

(1)All reproductions and translations shall bear appropriate security classification markings and they shall be protected as the original Classified Information. The translations and the number of reproductions shall be limited to the minimum required for an official purpose.

(2)All translations shall be marked with the original security classification marking and 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, both original and translation, shall be reproduced only upon 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 after it is no longer considered necessary.

(5)Information classified as SECRET or below shall be destroyed by the Recipient Party in accordance with its national laws and regulations after it is no longer considered necessary.

(6)In crisis situation in which it is impossible to protect or return Classified Information transmitted or generated under this Agreement, the Classified Information shall be destroyed immediately. The Recipient Party shall inform the National Security Authority of the Originating Party about this destruction as soon as possible.

(1)Before providing Classified Information related to a Classified Contract to contractors, sub-contractors or prospective contractor, the National Security Authority of the Recipient Party shall: a) ensure that such contractor, subcontractor or prospective contractor and its facilities have the capability to protect the information adequately; b) grant to the facility an appropriate Facility Security Clearance; c) grant an appropriate level of Personnel Security Clearance to persons who perform functions which require access to the Classified Information.

(2)The Recipient Party shall ensure that all persons having access to the Classified Information are informed of their responsibilities and obligations to protect the information in accordance with the appropriate laws and regulations.

(3)National Security Authority of the Originating Party may request that a security inspection is carried out at a facility to ensure continuing compliance with security standards in accordance with the national laws and regulations.

(4)A Classified Contract shall contain provisions on the security requirements and on the classification of each aspect or element of the Classified Contract. A copy of such document shall be submitted to the National Security Authorities of the Parties.

(1)Visits necessitating access to Classified Information shall be subject to prior permission of the National Security Authority of the host Party.

(2)A request for visit shall be submitted to the relevant National Security Authority at least 20 days prior to the commencement of the visit. The request for the visit shall include the following data that shall be used for the purpose of the visit only: a) the visitor's name, date and place of birth, citizenship and identification card/passport number; b) the visitor's position, with a specification of the employer which the visitor represents; c) a specification of the project in which the visitor participates; d) the validity and level of the visitor's Personnel Security Clearance, if required; e) the name, address, phone and fax number, e-mail and point of contact of the facility to be visited; f) the purpose of the visit, including the highest security classification level of Classified Information to be involved; g) the date and duration of the visit. In case of recurring visits the total period covered by the visits shall be stated; h) the date and signature of the sending National Security Authority.

(3)In urgent cases, the National Security Authorities can agree on a shorter period for the submission of the request for visit.

(4)The National Security Authorities may agree on a list of visitors entitled to recurring visits. The list shall be valid for an initial period not exceeding 12 months and may be extended for a further period of time not exceeding 12 months. A request for recurring visits shall be submitted in accordance with Paragraph 2 of this Article. Once the list has been approved, visits may be arranged directly between the facilities involved.

(5)Each Party shall guarantee the protection of personal data of the visitors in accordance with the national laws and regulations.

(6)Any Classified Information acquired by a visitor shall be considered as Classified Information under this Agreement.

(1)In order to achieve and maintain comparable standards of security, the National 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 aim the National 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 National Security Authorities shall assist each other in carrying out security clearance procedures.

(4)The National Security Authorities shall promptly inform each other about any changes in mutually recognized Personnel and Facility Security Clearances.

(1)In case of a security breach resulting in unauthorised disclosure, misappropriation or loss of Classified Information or suspicion of such a breach, the National Security Authority of the Recipient Party shall immediately inform the National Security Authority of the Originating Party thereof in writing.

(2)The appropriate authorities of the Recipient Party shall undertake all appropriate measures in accordance with the national laws and regulations so as to limit the consequences of the breach referred to in Paragraph 1 of this Article and to prevent further breaches. On request, the other Party shall provide appropriate assistance; it shall be informed of the outcome of the proceedings and the measures undertaken due to the breach.

(3)When the breach of security has occurred in a Third Party, the National Security Authority of the sending Party shall take the actions referred to in paragraph 2 of this Article without delay. 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 for settlement.

(1)This Agreement shall enter into force on the first day of the second month from the date of receipt of the latest notification by which the Parties have informed each other, through diplomatic channels, that their internal legal requirements necessary for its entry into force have been fulfilled.

(2)This Agreement may be amended by mutual written consent of the Parties. Amendments shall enter into force in accordance with paragraph 1 of this Article.

(3)This Agreement is concluded for an indefinite period of time. Either Party may denounce this Agreement by giving the other Party notice in writing through diplomatic channels. In that case, this Agreement shall terminate six months from the date on which the other Party has received the denunciation notice.

(4)In case of termination of this Agreement, all Classified Information transferred pursuant to this Agreement shall continue to be protected in accordance with the provisions set forth herein and, upon request, returned to the Originating Party.

(5)Implementing arrangements may be concluded for the implementation of this Agreement. In witness whereof the undersigned, being duly authorised thereto, have signed this Agreement. Done in Sarajevo on 7 October 2013 in two originals in the Slovenian, official languages of Bosnia and Herzegovina (Bosnian, Croatian, Serbian) and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail. For the Government of the Republic of Slovenia Boris Mohar (s) For the Council of Ministers of Bosnia and Herzegovina Mate Miletić (s)