On approval of the Agreement between the Republic of Kazakhstan and the Republic of Belarus on Mutual Protection of Classified Information
Decree of the President of the Republic of Kazakhstan dated February 27, 2009 No. 751.
In accordance with subparagraph 1) of Article 15 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:
1. To approve the Agreement between the Republic of Kazakhstan and the Republic of Belarus on mutual protection of classified information, signed in Minsk on October 30, 2008.
2. This Decree comes into effect from the date of signing.
President
Republic of Kazakhstan
N. Nazarbayev
AGREEMENT*between the Republic of Kazakhstan and the Republic of Belarus ON the Mutual Protection of Classified Information (Bulletin of International Treaties of the Republic of Kazakhstan, 2009, No. 5, art. 33) (Entered into force on September 28, 2009)
The Republic of Kazakhstan and the Republic of Belarus, hereinafter referred to as the Parties,
in order to ensure the protection of state secrets used in the course of foreign policy, military, economic, scientific, technical, intelligence, counterintelligence and other cooperation between the Republic of Kazakhstan and the Republic of Belarus, as well as state secrets formed in the process of such cooperation,
considering the mutual interests of the Parties in ensuring the protection of state secrets of the Republic of Kazakhstan and state secrets of the Republic of Belarus in accordance with the laws of the Parties,
Having regard to the Agreement on Mutual Security of Classified Information within the Framework of the Collective Security Treaty Organization of June 18, 2004,
have agreed on the following:
Article 1. Definition of concepts
The terms used in this Agreement mean the following:
1) classified information - information constituting state secrets of the Republic of Kazakhstan and (or) state secrets of the Republic of Belarus, expressed in any form, protected in accordance with the legislation of each of the Parties, as well as formed in the course of cooperation between the Parties, the unauthorized dissemination of which may harm the security and interests of the Republic of Kazakhstan and (or) the Republic of Belarus;
2) protection of classified information - taking legal, organizational, technical, cryptographic, programmatic and other measures to prevent unauthorized dissemination of classified information in accordance with the laws of the Parties and this Agreement.;
3) secret information carriers are material objects, including physical fields, in which secret information is displayed in the form of symbols, images, signals, technical solutions and processes that allow them to be recognized and identified.;
4) secrecy stamp - the details affixed to the medium of classified information and (or) indicated in the accompanying documentation, indicating the degree of secrecy of the information contained on the medium;
5) declassification of classified information - a set of measures to remove restrictions on the dissemination of classified information and access to its media;
6) authorized body - a state body or organization authorized by a Party to transmit, receive, store, protect and use classified information;
7) competent authority - the state body of the Party responsible for the implementation of this Agreement;
8) access to classified information - the right of an individual to access classified information or the right of an authorized body to carry out activities using classified information, provided in accordance with the laws of the Parties;
9) access to classified information - familiarization with the classified information of an individual who has access to classified information;
10) contract - an agreement (contract) concluded between authorized bodies, which provides for the use of classified information, including in the learning process.
Article 2. Comparability of degrees of secrecy
The Parties, in accordance with the laws of the Republic of Kazakhstan and the Republic of Belarus, establish that the degrees of secrecy and the corresponding secrecy labels are compared as follows:
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In the Republic of Kazakhstan:
In the Republic of Belarus:
"Asa manyzdy" ("Of special importance")
"Of special importance"
"Ote kupiya" ("Top secret")
"Top secret"
"Kupiya" ("Secret")
"Secret"
Article 3. Competent authorities
In accordance with their respective laws, the Parties determine the competent authorities, which they notify each other about through diplomatic channels.
Article 4. Measures to protect classified information
1. The Parties undertake to:
1) protect classified information transmitted by the other Party and/or generated in the course of cooperation;
2) not to change the classification of the secrecy of the received classified information without the written consent of the Party who transmitted it;
3) apply the same protection measures to the classified information received and (or) generated in the course of cooperation that are applied to their own classified information of the same degree of secrecy (comparable in accordance with Article 2 of this Agreement);
4) to use the secret information received from the other Party exclusively for the purposes stipulated in its transfer;
5) not to provide a third party with access to classified information obtained or generated in the course of cooperation without the prior written consent of the other Party.
2. Access to classified information is provided only to persons who need it to perform their official duties, for the purposes stipulated during its transfer, including during the training process, if they have access to classified information of the appropriate degree of secrecy.
3. If necessary, additional requirements for the protection of classified information (setting out obligations to handle classified information and indicating measures to protect it) are included in the relevant agreements.
Article 5. Transfer of classified information
1. The organization of interaction between the authorized bodies of the Parties at the conclusion of the contract is carried out in coordination with the competent authorities.
If the authorized body of one Party intends to transfer classified information to the authorized body of the other Party, it shall first request from the competent authority of its Party written confirmation that the authorized body of the other Party has access to classified information.
The competent authority of one Party shall request from the competent authority of the other Party a written confirmation of the availability of access to classified information by the authorized body of the other Party.
2. The decision on the transfer of classified information is made by the Parties in each individual case in accordance with the laws of the Parties.
3. The interaction of the authorized bodies of the Parties during the execution of the agreement is carried out by them directly in accordance with the procedure provided for by the agreement and the laws of the Parties.
4. The transfer of classified information from one State to another is carried out through diplomatic channels, a courier service or another authorized service in accordance with the agreements in force between the Parties. The relevant authorized body of the other Party confirms receipt of classified information.
5. In order to transmit classified information that cannot be transmitted through the services specified in paragraph 4 of this Article, the authorized bodies, in accordance with the laws of the Parties, agree on the method of transportation, route and form of escort.
Article 6. Handling of classified information
1. The authorized body responsible for obtaining classified information shall additionally affix a security label to the transferred secret information carrier, comparable in accordance with Article 2 of this Agreement.
In the case of translation of the received classified information into another language, its copying or replication on a medium of classified information, a security stamp corresponding to the secrecy stamp of the original is affixed.
The classified information carrier formed on the basis of the transmitted classified information is marked with a security rating not lower than the security rating of the transmitted classified information.
2. Classified information is recorded and stored in the authorized body that received it in accordance with the requirements applicable to its own classified information.
3. The degree of secrecy of classified information and the corresponding security stamp on its carrier may not be changed without the written consent of the authorized body of the Party that transmitted it.
The degree of secrecy of classified information generated during the cooperation of the Parties is determined or changed by mutual agreement of the authorized bodies of the Parties.
The declassification of classified information generated in the course of cooperation is carried out by agreement of the authorized bodies of the Parties.
The authorized body of the Party that transmitted the classified information shall notify the relevant authorized body of the other Party in writing as soon as possible about the change in the degree of secrecy or its declassification.
4. The copying (replication) of classified information (its media) is carried out with the written permission of the authorized body of the Party that transmitted it.
The destruction of classified information (its media) is documented, and the destruction process itself must ensure that it cannot be reproduced and restored. The authorized body of the Party that transferred it shall be notified in writing about the return or destruction of classified information (its media).
Article 7. Contracts
A separate section is included in the contracts concluded by the authorized bodies of the Parties, which defines:
the list of classified information planned to be used in the process of cooperation, and the degree of its secrecy;
features of protection of the secret information transmitted and (or) formed in the course of cooperation, conditions of its use;
the procedure for resolving conflict situations and compensating for possible damage from unauthorized dissemination of classified information transmitted and/or generated during cooperation.
Article 8. Interaction of competent authorities
1. The competent authorities, within the limits of their powers, interact directly and, in order to implement this Agreement, hold joint consultations at the request of one of them.
2. The competent authorities shall exchange relevant regulatory legal acts in the field of the protection of classified information to the extent necessary for the implementation of this Agreement.
Article 9. Sessions
1. Visits by representatives of authorized bodies of one Party, providing for their access to classified information of the other Party, are carried out in accordance with the procedure established by the legislation of the receiving Party.
Permission for such visits is given only to the persons specified in paragraph 2 of Article 4 of this Agreement.
2. An application for visits, including multiple visits, is sent no later than one month before the intended visit.
A request for a proposed visit should contain the following information::
surname and first name of the representative of the authorized body, date and place of his birth, citizenship and passport number;
profession and position of the representative of the authorized body, the name of the authorized body in which he works;
on the availability of access to classified information of the appropriate degree of secrecy;
estimated date and planned duration of the visit;
purpose of the visit;
the name of the authorized bodies that you plan to visit;
the position, surnames and names of the persons with whom the representative of the authorized body intends to meet (if any).
3. Representatives of the authorized bodies of one Party get acquainted with the rules of working with classified information of the other Party and comply with these rules.
Article 10. Costs of implementing measures to protect classified information
The authorized bodies of the Parties shall independently bear all costs incurred in the process of implementing this Agreement.
Article 11. Violation of requirements for the protection of classified information and determination of the amount of damage
In case of violation of the requirements for the protection of classified information, which led to the unauthorized dissemination of classified information transmitted by the authorized body of the other Party and (or) formed in the course of cooperation, the authorized or competent authority of the relevant Party immediately notifies the authorized or competent authority of the other Party, conducts the necessary investigation and informs the competent authority of the Party that transmitted the classified information., on the results of the investigation and measures taken in accordance with the legislation of the Party, on the territory where the violation occurred.
The amount and procedure for compensation of damage caused by unauthorized dissemination of classified information are determined in accordance with the laws of the Parties, international treaties to which they are parties, as well as during consultations.
Article 12. Relation to other arrangements
International agreements providing for the protection of classified information previously concluded between the Parties remain in force to the extent that they do not contradict this Agreement.
Article 13. Resolution of controversial issues
Disputes concerning the interpretation or application of this Agreement are resolved through negotiations between the competent authorities of the Parties.
Article 14. Entry into force, amendment and termination of this Agreement
1. This Agreement shall enter into force on the date of receipt of the last written notification that the Parties have completed the internal procedures necessary for its entry into force, and is concluded for an indefinite period.
2. Amendments and additions to this Agreement are made by the Parties by their mutual agreement, are formalized in separate protocols and are integral parts of this Agreement.
3. Each of the Parties may terminate this Agreement by sending a written notification to the other Party through diplomatic channels of its intention. In this case, this Agreement shall terminate upon the expiration of six months from the date of receipt of the said notification.
4. In the event of termination of this Agreement, the security measures provided for in Article 4 of this Agreement shall continue to apply to the classified information transferred and/or generated in the course of cooperation until it is declassified.
Done in Minsk on October 30, 2008, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic.
President
Republic of Kazakhstan
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