On the ratification of the Agreement on Mutual Security of Classified Information within the framework of the Collective Security Treaty Organization

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The Law of the Republic of Kazakhstan dated December 15, 2005 No. 105.

To ratify the Agreement on Mutual Security of Classified Information within the framework of the Collective Security Treaty Organization, signed in Astana on June 18, 2004.

President of the Republic of Kazakhstan

AGREEMENT ON MUTUAL SECURITY OF CLASSIFIED INFORMATION WITHIN THE FRAMEWORK OF THE COLLECTIVE SECURITY TREATY ORGANIZATION

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

Guided by the principles and provisions of the Collective Security Treaty of May 15, 1992 and the documents adopted in its development,

based on the need to ensure the mutual safety of classified information in the field of foreign policy, economic, scientific, technical, military, military-technical, intelligence, counterintelligence, operational search and other activities carried out within the framework of the Collective Security Treaty Organization (hereinafter - CSTO),

have agreed on the following:

The footnote. The preamble as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

Article 1

For the purposes of this Agreement, the listed terms are understood as:

"classified information" means information expressed in any form, protected in accordance with the regulatory legal acts of the Parties, transmitted (received) in accordance with the procedure established by the regulatory legal acts of each of the Parties and this Agreement, as well as formed in the process of cooperation between the Parties in the field of foreign policy, military, military-technical, economic, scientific,technical, intelligence, counterintelligence, operational-investigative and other activities, the unauthorized dissemination of which may damage the security and interests of the Parties;

"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.;

"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;

"competent authorities" - the bodies of the Parties and the Collective Security Treaty Organization responsible for the implementation of this Agreement.;

"security stamp" - the details indicating the degree of secrecy of the information contained in the medium of classified information, affixed to the medium itself and (or) in the accompanying documentation for it.;

"access to classified information" is the procedure established by the Parties for registration of the right and/or the right of individuals to access classified information, and authorized bodies to carry out work using such information.;

"access to classified information" is the authorized familiarization and/or work with classified information of an individual who has the appropriate access to classified information.;

"secrecy regime" means a set of requirements, norms and rules established by each of the Parties to this Agreement, as well as the procedure for applying measures regulating (excluding unauthorized) access to classified information.;

"unauthorized dissemination of classified information" is the disclosure of classified information or violation of the established procedure (rules) for handling such information, as a result of which it becomes known to persons who do not have access to it.;

"secret work" - work related to the use of classified information, including training;

The "permanent working bodies" are the CSTO Secretariat and the Joint Headquarters.

The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

Article 2

The Parties will take all necessary measures to ensure the secrecy and safety of classified information by authorized bodies, in accordance with their regulatory legal acts on the protection of classified information, the requirements of the Secrecy Regime in the implementation of foreign policy, economic, scientific, technical, military, military-technical, intelligence, counterintelligence, operational-investigative and other cooperation between The Parties to the Agreement on mutual security of classified information within the framework of the CSTO (hereinafter - Procedure), attached to this Agreement and which is an integral part of it, and bilateral international treaties.

The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

Article 3

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 degrees of secrecy and secrecy labels of the CSTO member states.

Based on the regulatory legal acts of each of the Parties, the Parties establish that the degrees of secrecy and the corresponding secrecy labels are related as follows:

Republic Armenia

Republic of Belarus

Republic of Kazakhstan

Kyrgyz Republic

Russian Federation

Republic of Tajikistan

Collective Security Treaty Organization

Of particular importance

Top secret

Classified

The footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

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.

The footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

Article 5

In accordance with their regulatory legal acts, the Parties undertake:

take the same protection measures with respect to classified information obtained and/or generated during cooperation that are applied to their own classified information of the same degree of secrecy (comparable in accordance with Article 3 of this Agreement);

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

not to provide a third party with access to classified information without the prior written consent of the Party that transmitted it.;

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

Access to classified information of the appropriate degree of secrecy is issued in accordance with the procedure established by the national legislation of the CSTO member state or the Instructions for 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).

Access to classified information is allowed only to persons who need classified information to perform their official duties for the purposes stipulated in its transfer, and who have the appropriate access to classified information.

If necessary, additional requirements for the protection of classified information (with a detailed statement of obligations to handle classified information and measures to protect it) may be specified by the transmitting Party.

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

The footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

Article 6

The decision to transfer classified information is made on a case-by-case basis in accordance with the regulatory legal acts of the Party transmitting such information.

The transmission method must ensure that the transmitted secret information is protected from unauthorized dissemination.

The transfer of classified information between the Parties is carried out through diplomatic channels, courier service or other authorized services, in accordance with the agreements in force between the Parties.

The authorized body of the Party to which the secret information has been transferred confirms its receipt.

For the transfer of secret information carriers of significant volume (weight, dimensions, etc.), the authorized bodies in each individual case determine the methods of transportation, route and form of escort.

Visits by representatives of authorized bodies of one Party, providing for their access to classified information of the other Party, are carried out in coordination with the competent authority of the host Party. Prior to the visit, the competent authorities notify each other of the degree of secrecy of the information provided during the visit.

The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

Article 7

The degree of secrecy of the transmitted classified information and its media is determined by the authorized body in which they were created.

On the transferred media of classified information, the authorized body responsible for receiving it shall additionally affix secrecy labels, compared in accordance with Article 3 of this Agreement.

The obligation to affix secrecy labels applies to carriers of classified information resulting from translation, copying or replication.

Secret information formed on the basis of the transmitted secret information, the degree of secrecy is not lower than the degree of secrecy of the transmitted secret information.

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.

The degree of secrecy of the received classified information may be changed or removed by the authorized body only with the written permission of the relevant authorized body of the Party that transmitted it.

The degree of secrecy of classified information generated during the cooperation of the Parties is determined, changed or removed by mutual agreement of the authorized bodies.

The authorized body of the transferring Party shall notify the relevant authorized body of the other Party of the change or removal of the degree of secrecy from classified information.

The secret information carriers are returned or destroyed with the written permission of the authorized body of the Party that transferred them.

The destruction of classified information carriers is documented, and the destruction process itself must ensure that it cannot be reproduced and/or restored.

The authorized body of the Party that transferred the classified information shall be notified in writing about the return or destruction of the media.

The footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

Article 8

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.

In order to ensure cooperation, the competent authorities in the implementation of this Agreement shall conduct joint consultations at the request of one of them.

The footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

Article 9

The Parties shall independently bear all costs incurred in the process of implementing this Agreement.

Article 10

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.

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

In case of detection of the fact of unauthorized dissemination of classified information, the competent authorities shall consult, conduct proceedings in accordance with the regulatory legal acts of the Parties, and inform each other of its results.

The amount and procedure for compensation of damage caused by unauthorized dissemination of classified information are determined in accordance with the regulatory legal acts of the Parties, international treaties concluded between them, as well as during consultations between the Parties.

The footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

Article 11

The existing bilateral and multilateral agreements between the Parties regulating the regime of ensuring the security of classified information remain in force to the extent that they do not contradict this Agreement.

This Agreement does not limit the rights of the Parties to conclude other international agreements on issues that are the subject of this Agreement and do not contradict its objectives, nor does it affect the rights and obligations of the Parties arising from other international agreements to which they are parties.

Article 12

Disputes related to the interpretation or application of this Agreement are resolved through consultations and negotiations between the competent authorities of the Parties concerned.

During such consultations and negotiations, the Parties shall continue to fulfill their obligations in accordance with the provisions of this Agreement.

Article 13

By agreement of the Parties, this Agreement may be amended and supplemented by separate protocols, which are an integral part of this Agreement and enter into force in accordance with Article 14 of this Agreement.

Article 14

This Agreement shall enter into force on the date of receipt by the depositary of the fourth written notification that the Parties have completed the relevant procedures necessary for the entry into force of this Agreement and shall remain in force for the duration of the Collective Security Treaty.

For the Parties who have completed the necessary procedures later, this Agreement shall enter into force on the date of delivery of the relevant written notification to the depositary.

The footnote. Article 14 as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

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.

The footnote. The Agreement is supplemented by Article 141 in accordance with the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

Article 15

Each Party has the right to withdraw from this Agreement by sending a written notification to the depositary no later than 6 months before the withdrawal date and settling the obligations that have arisen during the validity of the Agreement.

Article 16

In the event of termination of this Agreement or withdrawal from it by one of the Parties, the measures provided for in this Agreement shall continue to apply to the classified information received and/or formed in the course of cooperation between the Parties until the secrecy label is removed from this information in accordance with the established procedure.

The footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

Article 17

The Secretary General of the Collective Security Treaty Organization shall notify the Parties of the entry into force of this Agreement (its Protocols), including its entry into force for the Parties who have completed the necessary procedures at a later date, as well as of the withdrawal of the Parties from the Agreement and its termination.

Done in Astana on June 18, 2004, in one original copy in Russian. The original copy of this Agreement shall be kept at the Secretariat of the Collective Security Treaty Organization, which will send a certified copy to each signatory State.

The footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

For the Republic of Armenia

For the Kyrgyz Republic

For the Republic of Belarus

For the Russian Federation

For the Republic of Kazakhstan

For the Republic of Tajikistan

Annex to the Agreement on Mutual Security of Classified Information within the framework of Collective Security Treaty Organization of June 18, 2004

order

ENSURING THE SECRECY REGIME WHEN

IMPLEMENTATION OF THE FOREIGN POLICY,

ECONOMIC, SCIENTIFIC, TECHNICAL, MILITARY,

MILITARY-TECHNICAL, INTELLIGENCE,

COUNTERINTELLIGENCE, OPERATIONAL-INVESTIGATIVE AND OTHER

COOPERATION BETWEEN THE PARTIES

MUTUAL SAFETY AGREEMENTS

CLASSIFIED INFORMATION WITHIN THE FRAMEWORK OF THE CSTO

The footnote. Name as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

In order to ensure secrecy in the implementation of foreign policy, economic, scientific, technical, military, military-technical, intelligence, counterintelligence, operational-investigative and other cooperation between the Parties to the Agreement on Mutual Security of Classified Information within the framework of the Collective Security Treaty Organization (hereinafter referred to as the Agreement), the Parties are guided by the following Procedure:

The footnote. The preamble as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

1. Persons who are allowed to work with classified information in accordance with the regulatory legal acts in force in their state are involved in secret work, including in the process of training. At the same time, the authorized bodies provide access to such work to the minimum required number of persons.

The footnote. Paragraph 1 as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

2. The authorized bodies cooperating on secret work shall inform in advance in writing the surnames, names, and the name of the department from which the specified persons are involved in the work, and which document provides for the conduct of this work, for the direct access of persons to classified information in the authorized bodies of the other Party.

The footnote. Paragraph 2 as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

3. Persons engaged to work with classified information (including in the course of training) in another State must comply with the requirements of regulatory legal acts on the protection of classified information in force in the host State.

Taking into account this requirement, authorized bodies engaged in cooperation oblige persons sent to another State to prevent them from violating the rules for working with classified information established in the host State.

The footnote. Paragraph 3 as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

4. The Parties shall oblige their authorized bodies involved in cooperation.:

to acquaint persons of another State with classified information within the scope of their work or training program, to instruct them on the basic requirements in force in the host State and in this institution or enterprise on ensuring the protection of classified information during joint work (training);

to issue special notebooks or workbooks to persons of another state against receipt for keeping records containing classified information, as well as special portfolios (folders) for documents.;

to ensure the storage of classified information and its media, which will be used by persons during their work or during their studies in another State.

The footnote. Paragraph 4 as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

5. The security regime during meetings, meetings, training sessions and exercises at which classified information is discussed (communicated) and (or) secret information carriers are used is carried out by authorized bodies (educational institutions) in which these meetings, meetings, training sessions and exercises are held, in accordance with the procedure established in this authorized body. the relevant regulatory legal acts on the protection of classified information. At the same time, only those persons who are directly related to the issues under consideration are invited to this event.

The footnote. Paragraph 5 as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

6. When leaving one state for another, persons are prohibited from carrying classified information carriers with them, except in cases of transportation by mutual agreement of the Parties, and provided that their transportation is issued in accordance with the rules of the courier (special, diplomatic courier) service of the state of which the persons being sent to perform the work are citizens. Such secret information carriers are promptly sent to the authorized body where the work will be performed.

7. Reproduction of original documents, as well as documents translated into the national language containing classified information, received from the authorized body of the other Party, making copies of them and making extracts (copies) must be carried out in the minimum required number of copies. A note must be made on the original of the documents about the number of copies taken from them and to whom they are sent. Registration, distribution and storage of these documents are carried out in accordance with internal regulatory legal acts to ensure the protection of classified information of the Party in which the documents are reproduced.

8. Publication in the press, use in broadcasts on radio and television, or otherwise disclosure of classified information is carried out only after its declassification in accordance with the established procedure.

The removal of the secrecy stamp from classified information formed during the cooperation of the Parties can only be carried out by documented agreement between the authorized bodies. The removal of the secrecy stamp from the received classified information can be carried out only with the written permission of the relevant authorized body of the Party that transmitted it.

The footnote. Paragraph 8 as amended by the Law of the Republic of Kazakhstan dated 13.06.2018 No. 159-VI.

9. For unauthorized dissemination of classified information, loss of classified information carriers, the persons responsible for this are held accountable in accordance with the regulatory legal acts of the Parties. The authorized body of the Party in which this occurred is obliged to immediately inform the relevant authorized and competent authorities of other Parties about the facts of unauthorized dissemination of classified information or loss of classified information carriers and take appropriate measures to localize the consequences of unauthorized dissemination or loss.

10. Each Party exercises control over ensuring the secrecy regime in the process of cooperation in accordance with its regulatory legal acts and the provisions of the Agreement.

President

Republic of Kazakhstan

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