On signing an Agreement on the Exchange and Protection of Classified Information within the framework of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors
Decree of the President of the Republic of Kazakhstan dated December 7, 2023 No. 408
In accordance with Article 8 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 attached draft Agreement on the Exchange and Protection of Classified Information within the framework of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors.
2. To authorize the Minister of Internal Affairs of the Republic of Kazakhstan, Yerzhan Saparbekovich Sadenov, to sign on behalf of the Republic of Kazakhstan an Agreement on the exchange and Protection of Classified Information within the framework of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors, authorizing amendments and additions that are not fundamental.
3. This Decree shall enter into force from the date of its signing.
President of the Republic of Kazakhstan
K. Tokaev
Approved by Decree of the President of the Republic of Kazakhstan on December 7, 2023 No. 408
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Agreement on the Exchange and Protection of Classified Information within the framework of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors
The participating States of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors (hereinafter referred to as the Participating States) and the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors (hereinafter referred to as the Center),
Guided by the provisions of the Agreement between the Republic of Azerbaijan, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan on the Establishment of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors, signed on July 24, 2006 in Astana (hereinafter referred to as the Agreement on the Establishment of the CARICC),
in order to increase the effectiveness of cooperation between the participating States in countering illicit trafficking in narcotic drugs, psychotropic substances and their precursors,
striving to ensure the protection of classified information in the process of cooperation,
based on the need for centralized collection, processing, storage, protection, analysis and exchange of classified information within the framework of the Center's activities,
have agreed on the following:
Article 1
For the purposes of this Agreement, in addition to the concepts defined by the Agreement on the Establishment of CARICC, the following concepts are used in the following meaning:
classified information - information constituting state secrets (state secrets) of one of the States Parties to this Agreement, expressed in any form, protected in accordance with the laws of the States Parties and regulatory legal acts of the Center, transmitted (received) in the course of the implementation of this Agreement, as well as formed in the process of cooperation between the States Parties and the Center., the unauthorized distribution and/or loss of which may damage the security or interests of the participating State and/or the Center;
protection of classified information is a set of organizational, legal, engineering, cryptographic and other measures taken in accordance with the laws of the participating States, this Agreement and the regulations of the Center in order to prevent unauthorized dissemination of classified information and (or) its loss.;
access to classified information is an authorized process of familiarizing and/or working with classified information of an individual who has the appropriate access to classified information.;
access to classified information is the right of an individual to access classified information, issued in accordance with the legislation of the participating States, and of a legal entity to carry out work using such information.;
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.;
a security stamp is a prop indicating the degree of secrecy of information contained in a classified information carrier, affixed to the carrier itself and (or) in the accompanying documentation.;
secret information resources are information accumulations of classified information contained on secret information carriers necessary for the implementation of the activities of the Center and authorized bodies.;
An information system is a set of organizational, software, and hardware solutions designed to store, search, process, exchange, and protect classified information.;
authorized bodies - bodies of the Participating States, whose functions include countering drug trafficking, authorized to transmit, receive, store, protect and use classified information in accordance with the legislation of the Participating States;
competent authorities - the authorities of the Participating States responsible for the implementation of this Agreement;
unauthorized dissemination of classified information is the disclosure of classified information or violation of the established procedure (rules) for the dissemination of such information, as a result of which it becomes known to persons who do not have access and access to classified information.;
loss of classified information is the withdrawal, including temporary, of classified information and (or) its media from legal possession or use as a result of loss or theft.;
A user of classified information is a Center or a participating State represented by an authorized body whose representatives have access and access to classified information.
Article 2
The subjects of this Agreement are the organization of the exchange and protection of classified information in the course of cooperation within the Center, as well as the establishment of a mechanism for the formation and use of classified information resources.
Article 3
Each Participating State shall determine the competent authority and the list of authorized bodies, which the Center shall inform in writing through diplomatic channels simultaneously with the notification of the completion of the internal procedures necessary for the entry into force of this Agreement.
Article 4
The exchange of classified information between the authorized bodies and the Center can be carried out:
for incoming one-time requests:
for ongoing thematic queries, as the relevant information becomes available.;
by way of proactive information.
Article 5
The decision to transfer classified information is made on a case-by-case basis in accordance with the legislation of the State party providing it.
The decision to provide classified information generated in the course of cooperation between the authorized bodies and the Center is made by agreement between them.
Article 6
The Center carries out the exchange, accumulation, systematization, analysis, storage and protection of classified information provided by authorized bodies, formed in the course of their cooperation.
Article 7
If the Center receives classified information that is similar in content to the one already available, the Center notifies the authorized bodies that provided this information.
The addition to classified information is considered by the Center as separate information.
Article 8
Users of classified information provide:
assigning information a security rating not lower than the security rating established by the authorized body that provided this information;
the adoption of the same protective measures with respect to the received classified information that are taken with respect to one's own information of the appropriate security classification;
mutual recognition of security clearances issued in accordance with the laws of the participating States;
provision of classified information to an authorized body of another participating State only with the written consent of the authorized body that provided this information.;
the use of classified information in order to achieve the tasks facing users of classified information;
respect for the legitimate rights and freedoms of citizens when using classified information.
Article 9
The degree of secrecy of classified information is established and changed by the authorized body that provided this information.
The secrecy rating of the classified information carrier prepared by the Center corresponds to the highest degree of secrecy of the classified information used in the preparation of the classified information carrier by the Center.
The degrees and the corresponding secrecy labels are compared in accordance with Annex 1 to this Agreement, which may be amended and supplemented by a decision of the Council of National Coordinators of the States Parties to the Agreement on the Establishment of the CARICC (hereinafter referred to as the Council).
The authorized body that provided classified information has the right to impose and change additional restrictions on its use and transfer to individual or all authorized bodies.
The Center informs the authorized bodies that have received such information about changes in the classification of secrecy and additional restrictions.
Article 10
Access to classified information to an official of the Center is provided by the director of the Center and (or) a substitute person in accordance with a certificate of access to classified information provided by the authorized body of which the official is a representative.
Work with classified information in the Center is carried out using technical and software tools that have passed the appropriate verification and certification. Verification and certification are carried out according to the procedure determined by the Council.
The exchange of classified information is carried out through channels that provide a level of protection corresponding to its classification of secrecy, and are determined by agreement of the Center with the authorized bodies.
Articles 11
The construction of information systems in the Center, the formation and use of secret information resources are based on the principles of:
separate storage of classified information from various sources while maintaining the original classification and coding systems, the details and initial values of the source attributes, and recording the parameters for obtaining classified information (source, date of receipt, and others);
the integrity and safety of classified information;
exclusion of unauthorized access to classified information;
implementation of multi-level authorized access to classified information;
accounting and registration of all requests from users of classified information.
Article 12
In order to protect classified information, the Center:
requests the validity of requests for the receipt by authorized bodies of personal data protected by the legislation of the participating States;
requests the relevant authorized authorities to confirm access to classified information;
checks the Center's personnel for trustworthiness, including with the use of technical means;
checks the security of the premises and technical facilities of the Center;
performs regular backups of data in the information system and stores copies in accordance with the rules for handling classified information in the Center.;
Determines from among the officials responsible for the development and application of information security measures with the necessary powers.;
does not transfer classified information, including information generated during cooperation, to an observer at the Center, or to a third party without the written consent of the authorized body that provided this classified information, and in the case of information generated during cooperation, with the written consent of all authorized bodies.;
Within the limits of its competence, it takes other measures to implement this Agreement.
Article 13
The procedure for handling and protecting classified information at the Center is regulated by the rules for handling classified information at the Center, approved by the Council.
Article 14
In case of detection of the fact of unauthorized dissemination and (or) loss of classified information and (or) its carriers, the interested authorized bodies and (or) the Center immediately inform each other, consult and conduct proceedings, involving, if necessary, the competent authorities.
A person who has allowed the unauthorized dissemination and (or) loss of classified information and (or) its media shall be liable in accordance with the legislation of the State Party of which he is a national.
The amount and procedure for compensation for damage caused by unauthorized dissemination and (or) loss of classified information and (or) its media shall be determined in accordance with the legislation of the participating States through consultations between authorized bodies and the Center, involving, if necessary, competent authorities.
Article 15
The classified information transmitted to the Center is classified according to the criteria set out in Annex 2 to this Agreement.
Article 16
The Participating States and the Center shall independently bear the costs incurred in the course of their implementation of this Agreement, unless a different procedure is agreed in each specific case.
Article 17
Disputes related to the interpretation or application of this Agreement are resolved through consultations and negotiations between the competent authorities concerned and the Center.
Article 18
This Agreement does not limit the rights of the participating States to conclude other or implement previously concluded international treaties on issues that are the subject of this Agreement.
Article 19
This Agreement may be amended and supplemented, which are formalized in separate protocols.
Article 20
The depositary of this Agreement is the host State of the Center.
This Agreement shall be concluded for an indefinite period and shall enter into force upon the expiration of 30 (thirty) days from the date of receipt by the depositary of the fourth written notification through diplomatic channels on the completion by the signatory States Parties to the Center of the internal procedures necessary for its entry into force. This Agreement will enter into force for the Center on the same date. For the States Parties to this Agreement that have completed the internal procedures later, it shall enter into force on the 30th (thirty) day after the date of delivery of the relevant notifications to the depositary.
Article 21
This Agreement is open for accession by States that have joined the Agreement on the Establishment of CARICC.
For a State that has acceded to this Agreement, it shall enter into force on the date of receipt by the depositary through diplomatic channels of the instrument of accession.
Article 22
Each State Party may withdraw from this Agreement by sending through diplomatic channels a written notification of its intention to the depositary no later than 3 (three) months prior to the date of withdrawal.
In the event of a State Party withdrawing from this Agreement, measures to protect classified information provided and received by it, as well as generated in the course of its cooperation with other States Parties and the Center, shall continue to be applied in accordance with the established procedure, until the secrecy stamp is lifted from it with the consent of the authorized bodies and the Center concerned. The use of such information prior to its removal from secrecy or its destruction shall be agreed upon by the State intending to withdraw from this Agreement with the participating States and the Center prior to the date of withdrawal from this Agreement.
In cases of reorganization or termination of the Center's activities, issues of protection and use of classified information available at the Center are resolved through negotiations between authorized bodies with the involvement of competent authorities, if necessary.
Article 23
The Depositary, within a period not exceeding 30 (thirty) days, shall notify the participating States through diplomatic channels of the entry into force of this Agreement, including its entry into force for the Participating States that have completed the necessary domestic procedures or joined this Agreement later, as well as the withdrawal of the Participating States from this Agreement and termination of its validity.
Done in Almaty, " " 20, in one original copy in Russian.
The original copy of this Agreement shall be kept by the depositary, who will send a certified copy to each State Party that has signed this Agreement.
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For the Republic of Kazakhstan____________________________
For Turkmenistan____________________________
For the Kyrgyz Republic____________________________
For the Republic of Uzbekistan____________________________
For the Russian Federation____________________________
For TSARICTS____________________________
For the Republic of Azerbaijan____________________________
For the Republic of Tajikistan________________________
Appendix 1 to the Agreement on the Exchange and Protection of Classified Information within the framework of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors
Tables of steps and their corresponding secrecy labels
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The Republic of Azerbaijan
Top secret
Classified
Republic of Kazakhstan
Top secret
Classified
Kyrgyz Republic
Top secret
Classified
Russian Federation
Top secret
Classified
Republic of Tajikistan
Top secret
Classified
Turkmenistan
Top secret
Classified
Republic of Uzbekistan
Top secret
Classified
CARICC
The 001 Center
Center 02
Appendix 2 to the Agreement on the Exchange and Protection of Classified Information within the framework of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors
Classification of information
According to the source of information:
A. The reliability and competence of the source is beyond doubt.
B. The source from which the information is obtained has proven to be reliable in most cases.
C. The source from which the information was obtained, in most cases, proved to be unreliable.
D. The reliability of the source has not been evaluated or is unknown.
According to the degree of accuracy and reliability of information:
1. Information is not questioned.
2. The information is personally known to the source, but is not personally known to the employee of the competent authority to whom it was transmitted.
3. The information is not personally known to the source, but is confirmed by other information already registered.
4. Information that is personally unknown to the source and cannot be confirmed.
President
Republic of Kazakhstan
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