On Ratification of the Protocol on Amendments to the Agreement on Mutual Security of Classified Information within the Framework of the Collective Security Treaty Organization dated June 18, 2004

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The Law of the Republic of Kazakhstan dated June 13, 2018 No. 159-VI SAM.

To ratify the Protocol on Amendments to the Agreement on Mutual Security of Classified Information within the Framework of the Collective Security Treaty Organization dated June 18, 2004, signed in Moscow on December 19, 2012.

President of the Republic of Kazakhstan

N. NAZARBAYEV

PROTOCOL on Amendments to the Agreement on Mutual Security of Classified Information within the Framework of the Collective Security Treaty Organization dated June 18, 2004.

The Member States of the Collective Security Treaty Organization, hereinafter referred to as the Parties,

Considering the interest in the implementation of the Agreement on Mutual Security of Classified Information within the framework of the Collective Security Treaty Organization dated June 18, 2004 (hereinafter referred to as the Agreement),

Based on the importance of ensuring the protection of classified information in the performance of tasks assigned to the Collective Security Treaty Organization in accordance with its Charter,

in order to determine the procedure for ensuring the protection of classified information of the Parties transferred to the Collective Security Treaty Organization (hereinafter referred to as the CSTO),

guided by article 13 of the Agreement,

We have agreed on the following:

Article 1

Make the following changes to the Agreement:

1. In the preamble, in the third paragraph, after the words "Collective Security Treaty Organization", add the words "(hereinafter - CSTO)".

2. In article 1:

- in the second paragraph, replace the word "legislation" with the words "regulatory legal acts";

- in the third paragraph, replace the word "samples" with the word "images";

- the fourth paragraph should be worded as follows:

"authorized bodies" - government bodies and/or legal entities (organizations, permanent working bodies) authorized by the Parties to receive, transmit, store, use and protect classified information transmitted (received) and/or generated in the course of cooperation;";

- in the seventh paragraph, add the words "established by the Parties" before the word "procedure";

- in the eighth paragraph, replace the words "authorized familiarization process" with the words "duly authorized familiarization and/or work", as well as after the word "having" add the word "appropriate";

- in the ninth paragraph, replace the words "in the States Parties" with the words "each of the Parties";

- in the tenth paragraph, replace the words "dissemination of such information" with the words "handling such information";

- at the end of the eleventh paragraph, replace the period with a semicolon;

- after the eleventh paragraph, add the following paragraph::

"permanent working bodies" - the CSTO Secretariat and the Joint Headquarters.

3. In article 2:

- replace the words "States Parties" with the word "Parties";

- replace the words "bilateral agreements of the Parties" with the words "bilateral international treaties".

4. In article 3:

- add the following first paragraph:

"The Collective Security Treaty Organization uses the following degrees of secrecy and their corresponding secrecy labels: "Of particular importance", "Top secret", "Classified", correlated with the various degrees of secrecy and secrecy labels of the CSTO member states.";

- consider the first paragraph as the second paragraph;

- in the second paragraph, replace the word "correlate" with the word "correlate".

5. Article 4 should be worded as follows:

"Article 4

Each of the Parties determines its competent authority and notifies the depositary through diplomatic channels, which informs the other Parties accordingly.

In the event of a change in the competent authority, each of the Parties shall notify the depositary through diplomatic channels, which shall notify the other Parties accordingly.

The competent authorities interact directly within their competence.

The interaction of authorized bodies, as well as permanent working bodies, providing for the use of classified information, is carried out in accordance with the established procedure.".

6. In article 5:

- the third paragraph should be worded as follows:

"to use classified information received from the other Party exclusively for the purposes stipulated in its transfer;";

- at the end of the fourth paragraph, replace the period with a semicolon;

- after the fourth paragraph, add paragraphs five and six as follows:

"to recognize access to classified information issued by another CSTO member state.

Access to classified information of an appropriate degree of secrecy is issued in accordance with the procedure established by the national legislation of the CSTO member state or the Instructions on Ensuring the Protection of Classified Information in the permanent working bodies of the Collective Security Treaty Organization, approved by the Decision of the CSTO Collective Security Council (hereinafter referred to as the Instructions).";

- paragraphs five through seven are considered paragraphs seven through nine, respectively;

- in the seventh paragraph, the words "drawn up in accordance with national legislation" should be deleted.;

- the ninth paragraph should be worded as follows:

"The procedure for handling classified information and monitoring the security regime in permanent working bodies is determined by the Instructions.".

7. In article 6:

- in the fifth paragraph, the word "Parties" should be deleted;

- in the sixth paragraph, the words "States" and "Parties" should be deleted.

8. In article 7:

- the fifth paragraph should be worded as follows:

"The classified information received or generated in the course of cooperation is taken into account and stored in accordance with the requirements established by the Parties in relation to their own classified information.";

- in the seventh paragraph, replace the words "authorized bodies of the Parties" with the words "authorized bodies".

9. In the first paragraph of article 8, the words "their States" should be deleted.

10. In article 10:

- the first paragraph should be worded as follows:

"In case of unauthorized dissemination of classified information, the national legislation of the CSTO member states is applied, and Instructions are also applied in permanent working bodies, taking into account the circumstances of unauthorized dissemination.";

- add the following second paragraph:

"A person who has allowed the unauthorized dissemination of classified information, in any case of committing such a violation, is under the jurisdiction of the State of which he is a national.";

- paragraphs two and three are considered paragraphs three and four, respectively;

- in the third paragraph, replace the words "competent authorities of the Parties" with the words "competent authorities".

11. In article 14:

- in the first paragraph, replace the word "domestic" with the word "relevant";

- in the second paragraph, the word "domestic" should be deleted;

12. Add article 141 as follows:

"Article 141

This Agreement is open for accession by subjects of international law. The decision on joining is made by the Collective Security Council of the CSTO.".

13. In article 16, the words "Articles 5, 7, 10 of this Agreement" shall be replaced by the words "this Agreement".

14. In the first paragraph of article 17, the word "domestic" should be deleted.

15. In the Annex to the Agreement:

- in the title and the preamble, replace the words "States Parties" with the word "Parties";

- In paragraph 1, the word "admission" should be replaced by the word "access", as well as the word "Parties" should be deleted;

- in paragraph 2, delete the word "Parties";

- in the second paragraph of paragraph 3 and in the first paragraph of paragraph 4, the word "oblige" should be replaced by the word "oblige";

- in paragraph 5, replace the words "normative legal" with the words "normative legal";

- In paragraph 8, the words "authorized bodies of the Parties" should be replaced by the words "authorized bodies".

Article 2

This Protocol shall enter into force on the date of receipt by the depositary of the fourth written notification that the signatory Parties have completed the internal procedures necessary for its entry into force.

For the Parties that have completed the internal procedures later, the Protocol shall enter into force on the date of receipt by the depositary of the relevant notification.

Done in Moscow on December 19, 2012, in one original copy in the Russian language. The original copy is kept at the Secretariat of the Collective Security Treaty Organization, which will send a certified copy to each Signatory to this Protocol.

For the Republic of Armenia For the Republic of Belarus For the Republic of Kazakhstan

For the Kyrgyz Republic, the Russian Federation, and the Republic of Tajikistan

President

Republic of Kazakhstan

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