15. člen BCYIMVTP

1. Sporazum začne veljati prvi dan drugega meseca po datumu, ko se pogodbenici po diplomatski poti uradno obvestita, da so bili končani vsi potrebni notranjepravni postopki za začetek njegove veljavnosti. 2. Sporazum je sklenjen za nedoločen čas. Pogodbenica ga lahko odpove s pisnim obvestilom drugi pogodbenici. V tem primeru sporazum preneha veljati šest mesecev po datumu obvestila o odpovedi. 3. Ob prenehanju veljavnosti tega sporazuma se vsi tajni podatki, preneseni na njegovi podlagi, še naprej varujejo v skladu z njegovimi določbami. 4. Sporazum se lahko spremeni s pisnim soglasjem pogodbenic. Spremembe začnejo veljati v skladu s prvim odstavkom. Sestavljeno v Ljubljani, 19. februarja 2014 v dveh izvirnikih v slovenskem, grškem in angleškem jeziku, pri čemer so vsa besedila enako verodostojna. Pri različni razlagi prevlada angleško besedilo. Za Vlado Republike Slovenije Boris Mohar l.r. Za Vlado Republike Ciper Demetrakis Demetriou l.r. The Government of the Republic of Slovenia and the Government of the Republic of Cyprus 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; Realizing that good cooperation may require the exchange of Classified Information between the Parties; Have agreed as follows: For the purposes of this Agreement these terms shall mean the following: 1. “Recipient” – the Competent Authority receiving the Classified Information; 2. “Competent Authority” – public or private entity under jurisdiction of any Party authorized to handle and store Classified Information in accordance with the national legislation of its Party, including the Competent Security Authority; 3. “Competent Security Authority” – state authority, designated by the Party as responsible for the general implementation and the relevant controls of all aspects of this Agreement as referred to in Article 3 Paragraph 1; 4. “Contractor” – an individual, a legal entity or an organizational unit, which has the capacity to conclude contracts; 5. “Classified Contract” – a contract or a subcontract, which requires access to Classified Information; 6. “Classified Information” – any information, regardless of its form, which is transmitted or generated between the Parties or Competent Authorities and requires, under the national legislation of either Party, the protection against unauthorized disclosure or other compromise and is designated as such and marked appropriately by a Party; 7. “Facility Security Clearance” – A determination following an investigative procedure certifying that a contractor which is a legal entity fulfils the conditions of handling Classified Information in accordance with the national legislation of one of the Parties; 8. “Need-to-know” – a principle by which access to specific Classified Information may be granted to an individual only in connection with his/her official duties or for the performance of a specific task; 9. “Personnel Security Clearance” – A determination following an investigative procedure in accordance with the national legislation, 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; 10. “Principal” – a governmental body, which intends to conclude or concludes a Classified Contract in the territory of the other Party; 11. “Third Party” – a state, including any public or private entity or individual under its jurisdiction, or an international organization which is not a Party to this Agreement. The Parties agree that the following security classification levels are equivalent and correspond to the security classification levels specified in their national legislation: text="+------------------+--------------------+-----------------+ | Republic | Republic | English | | of Slovenia | of Cyprus | Equivalent | +------------------+--------------------+-----------------+ |STROGO TAJNO |ΑΚΡΩΣ ΑΠΟΡΡΗΤΟ |TOP SECRET | +------------------+--------------------+-----------------+ |TAJNO |ΑΠΟΡΡΗΤΟ |SECRET | +------------------+--------------------+-----------------+ |ZAUPNO |ΕΜΠΙΣΤΕΥΤΙΚΟ |CONFIDENTIAL | +------------------+--------------------+-----------------+ |INTERNO |ΠΕΡΙΟΡΙΣΜΕΝΗΣ ΧΡΗΣΗΣ|RESTRICTED | +------------------+--------------------+-----------------+" 1. For the purposes of this Agreement, the Competent Security Authorities shall be: a. for the Republic of Slovenia: National Security Authority (Government Office for the Protection of Classified Information); b. for the Republic of Cyprus: National Security Authority (Ministry of Defence). 2. The Competent Security Authorities may conclude implementation agreements for the purposes of the implementation of the provisions hereof. 3. The Parties shall inform each other through diplomatic channels of any subsequent changes of the National Security Authorities. 1. In accordance with this Agreement and their national legislation, the Parties shall adopt appropriate measures aimed at the protection of Classified Information. 2. The Parties shall provide for the information referred to in paragraph 1 at least the same protection as applicable to their own Classified Information under the relevant security classification level, pursuant to Article 2. 3. The National Security Authorities designated by the Parties are responsible for the general implementation and the relevant controls of all aspects of this Agreement. 4. Received Classified Information shall be accessible only to those persons who have a need-to-know, who have been security cleared and/or who have been authorized to have access to such information as well as briefed in the scope of Classified Information protection according to the national legislation of their Party. 5. 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. 6. The security classification level shall be changed or removed only by the Competent Authority, which has granted it. The Recipient shall be immediately notified on every change or removal of security classification level. 7. The Parties shall mutually recognise their respective Personnel and Facility Security Clearances. To this effect, Article 2 regarding the security classification levels shall apply accordingly. 1. Received Classified Information shall be used exclusively for the purposes and under conditions of release or limitations on the use of the Classified Information, defined at the transmission thereof. 2. Either Party shall not release Classified Information to Third Party without a prior written consent of the Competent Security Authority of the other Party, which granted adequate security classification level. 1. The Principal may conclude a Classified Contract with the Contractor of the other Party. 2. In the case referred to in Paragraph 1, the Principal shall submit a request to the Competent Security Authority of its Party to ask the Competent Security Authority of the other Party for issuing a written assurance that the Contractor is authorized to have access to Classified Information of the specified security classification level. 3. The issuing of the assurance referred to in Paragraph 2 shall guarantee that the Contractor fulfils the criteria in the scope of the protection of Classified Information, as provided in the applicable national legislation of the Party, in the territory of which the Contractor is located. 4. If the Contractor has not been previously authorized to have access to Classified Information of the specified security classification level, the Competent Security Authority which is to issue the assurance, shall immediately notify the Competent Security Authority of the other Party, that upon its request, the actions referred to in Paragraph 3 will be undertaken. 5. Classified Information shall not be accessible to the Contractor until the receipt of the assurance referred to in Paragraphs 2 and 3. 6. The Principal shall notify the Contractor of the security requirements necessary to perform the Classified Contract, which include in particular a list of Classified Information and rules of classification of the information originated during the performance of the Classified Contract. The copy of such documents shall be transmitted to the Competent Security Authority. 7. The Competent Security Authority of the Party in whose territory the Classified Contract is to be performed shall ensure that the Contractor protects Classified Information in accordance with the received security requirements and national legislation of its Party. 8. The Competent Security Authorities shall ensure that any possible subcontractors shall comply with the same conditions for the protection of Classified Information as those laid down for the Contractor. 1. Classified Information shall be transmitted through diplomatic channels or through other secured channels ensuring protection against unauthorized disclosure, agreed upon between the Competent Security Authorities. The Recipient shall confirm the receipt of Classified Information in writing. 2. Information classified as INTERNO/ ΠΕΡΙΟΡΙΣΜΕΝΗΣ ΧΡΗΣΗΣ/RESTRICTED may be transmitted also by post or another delivery service in accordance with the national legislation. 1. Information classified as STROGO TAJNO/ΑΚΡΩΣ ΑΠΟΡΡΗΤΟ/TOP SECRET shall be reproduced only after a prior written permission issued by the Competent Authority of the party which classified this information. 2. Reproduction of Classified Information shall be pursuant to the national legislation of each of the Parties. Reproduced information shall be placed under the same protection as the originals. Number of copies shall be reduced to minimum required for official purposes. 3. Any translation of Classified Information shall be made by properly security cleared individuals. All translations shall bear an appropriate note in the language into which they have been translated, stating that they contain Classified Information of the other Party. The translation shall be placed under the same protection as the originals. 1. Classified Information shall be destroyed according to the national legislation of the Parties, in such a manner as to eliminate the partial or total reconstruction of the same. 2. Classified Information marked as STROGO TAJNO/ΑΚΡΩΣ ΑΠΟΡΡΗΤΟ/TOP SECRET shall not be destroyed. It shall be returned to the Competent Authority of the party which classified this information. 3. In case of a crisis situation in which it is impossible to protect or return Classified Information such information shall be destroyed immediately. The Recipient shall inform the Competent Security Authority of the other Party about this destruction as soon as possible. 1. Visits necessitating access to Classified Information shall be subject to prior permission of the Competent Security Authority of the host Party. 2. The permission referred to in Paragraph 1 shall be granted exclusively to the persons authorized to have access to Classified Information pursuant to the national legislation of the Party designating such a person. 3. 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. purpose, date and program of the visit including the highest security classification level of Classified Information to be involved; b. name and surname of the visitor, date and place of birth, citizenship, passport number or identity card number; c. position of the visitor together with the name of the institution or organization which he or she represents; d. the validity and certification of the level of Personnel Security Clearance held by the visitor; e. name and address of the organization to be visited; f. name, surname, contact data and position of the person to be visited; g. the date and signature of the Competent Security Authority. 4. The Competent Authorities shall ensure the protection of the personal data of the visitor pursuant to their national legislation. 5. Classified Information accessible during the visit shall be protected pursuant to the provisions of this Agreement. 1. In case of Breach of Security, resulting in unauthorised disclosure, misappropriation or loss of Classified Information or suspicion of such a breach, the Competent Security Authority of the Recipient shall inform the Competent Security Authority of the other Party, as soon as possible, and initiate the appropriate investigation. 2. If a breach of security arises in a Third Party, the Competent Security Authority of the Party which has provided the information to the Third Party shall take all necessary measures in order to ensure that the actions prescribed in Paragraph 1 are initiated. 3. The Competent Security Authority of the Party which provided such information shall, upon request, cooperate in the investigation in accordance with Paragraph 1. It shall be informed of the results of the investigation and shall receive the final report on the reasons and extent of the damage. Each Party shall cover its own expenses resulting from the implementation of this Agreement. 1. The Competent Security Authorities of the Parties shall notify each other of any amendments to their national legislation concerning the protection of Classified Information. 2. The Competent Security Authorities of the Parties shall consult each other, upon the request of one of them, in order to ensure close cooperation in the implementation of the provisions hereof. 3. Competent Security Authorities of the Parties shall exchange visits to discuss the procedures and standards for the protection of Classified Information. 4. The Competent Security Authorities shall promptly inform each other about any changes in mutually recognized Personnel and Facility Security Clearances. 5. Upon request, the Competent Security Authorities shall assist each other in carrying out security clearance procedures. 1. Any disputes concerning the interpretation or application of this Agreement shall be settled by direct negotiations and/or consultations between the Competent Security Authorities of the Parties. 2. If the settlement of a dispute can not be reached in the manner referred to in Paragraph 1, such a dispute shall be settled through diplomatic channels. 1. This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify each other, through diplomatic channels, that all necessary internal procedures for the entry into force of this Agreement have been completed. 2. This Agreement is concluded for an unlimited period of time. It may be terminated by either Party upon giving a written notice to the other Party. In such a case this Agreement shall expire six months after the date of the termination notice. 3. 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. 4. This Agreement may be amended on the basis of mutual written consent by both Parties. Such amendments shall enter into force in accordance with the provisions of Paragraph 1. Done at Ljubljana on 19 February 2014 in two originals, each in Slovenian, Greek and English languages, all texts being equally authentic. In case of divergences of interpretation, the English text shall prevail. For the Government of the Republic of Slovenia Boris Mohar (s) For the Government of the Republic of Cyprus Demetrakis Demetriou (s)