Após a entrada em vigor do presente Acordo, a Parte em cujo território o Acordo for assinado submetê-lo-á para registo junto do Secretariado das Nações Unidas, nos termos do artigo 102.º da Carta das Nações Unidas, e notificará a outra Parte da conclusão deste procedimento, indicando-lhe o respetivo número de registo.
Feito em Nicósia, aos 8 de outubro de 2022, em dois originais, cada um nas línguas portuguesa, grega e inglesa, sendo todos os textos autênticos. Em caso de divergência de interpretação o texto na língua inglesa prevalecerá.
Pela República Portuguesa:
João Gomes Cravinho, Ministro dos Negócios Estrangeiros.
Pela República de Chipre:
Charalambos Petrides, Ministro da Defesa.
(ver documento original)
AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE REPUBLIC OF CYPRUS ON THE EXCHANGE AND MUTUAL PROTECTION OF CLASSIFIED INFORMATION
The Portuguese Republic and the Republic of Cyprus, hereinafter referred to as "the Parties":
Recognizing the need to set rules on protection of classified information mutually exchanged in the interest of national security within the scope of any form and area of co-operation, as well as any classified information generated in the process of such co-operation;
Intending to ensure the mutual protection of classified information, which has been classified by one Party and transferred to the other Party in the course of co-operation between the Parties;
Desiring to create a set of rules on the mutual protection of classified information exchanged between the Parties;
Considering the mutual interest in the protection of classified information, in accordance with the legislation of the Parties:
have agreed as follows:
Article 1
Objective
The objective of this Agreement is to ensure the protection of classified information that is generated or mutually exchanged between the Parties.
Article 2
Definitions
For the purposes of this Agreement:
- a)"Classified information" means any information, regardless of its form or nature, which requires protection against unauthorised access or manipulation and for which a security classification level has been assigned, in accordance with the national legislation of the Parties;
- b)"National security authority (NSA)" means the state authority of each Party, which in accordance with its national legislation is responsible for the general implementation and supervision of this Agreement;
- c)"Breach of security" means an act which is contrary or an omission to this Agreement or to the national legislation of the Parties, the result of which may lead to disclosure, loss, destruction, misappropriation or any other type of compromise of classified information;
- d)"Classified contract" means an agreement between two or more contractors or sub-contractors, which contains or involves access to, or the creation of classified information;
- e)"Competent security authority" means any competent authority of the Parties other than the NSA's that according to its national legislation, is responsible for the implementation of this Agreement;
- f)"Contractor" means a natural person, or a legal entity possessing the legal capacity to conclude or undertake classified contracts;
- g)"Facility security clearance" means the positive decision by the national security authority confirming that a natural person or the legal entity has the physical and organisational capability to handle and store classified information in accordance with the respective national legislation of both Parties;
- h)"Need-to-know" means the principle whereby access to specific classified information is granted exclusively in the scope of a given official position and for the performance of a specific task;
- i)"Providing Party" means the Party that creates or provides classified information to the Receiving Party;
- j)"Personnel security clearance" means the positive decision by the national security authority confirming, in accordance with the respective national legislation of the Parties, that a natural person is authorized to have access to and handle classified information up to a specific classification level;
- k)"Receiving Party" means the Party to which classified information is transmitted;
- l)"Third Party" means any State, organisation, legal or natural person, which is not a party to this Agreement.
Article 3
Security classification levels
The Parties agree that the following security classification levels and markings are equivalent and correspond to the security classification levels specified in their respective national legislation:
(ver documento original)
Article 4
Security authorities
- 1 -The national security authorities of the Parties are:
For the Portuguese Republic:
National security authority:
Presidency of the Council of Ministers;
For the Republic of Cyprus:
National security authority:
Ministry of Defence of the Republic of Cyprus.
- 2 -The national security authorities shall inform each other, in writing, through diplomatic channels, of any changes regarding the designation of the national security authorities.
- 3 -The national security authorities shall provide each other with their official contact details and shall inform each other of any subsequent changes.
- 4 -Any changes regarding the national security authorities shall not constitute an amendment to this Agreement.
- 5 -The national security authorities shall inform each other of their respective national legislation on classified information and of any significant amendments thereto and shall exchange information about the security standards, procedures and practices for the protection of classified information.
Article 5
Protection measures and access to classified information
- 1 -In accordance with their national legislation, the Parties shall take all necessary measures for the protection of classified information that is created or exchanged under this Agreement.
- 2 -The Parties shall afford to classified information created or provided under this Agreement the same level of protection as they would to their own classified information of the equivalent security classification level, as set forth in article 3 of this Agreement.
- 3 -The Providing Party shall inform in writing:
- a)The Receiving Party of any conditions of release or limitations on the use of the classified information;
- b)The Receiving Party about any change of the security classification level of the transmitted classified information.
- 4 -Classified information shall only be made accessible to natural persons or legal entities who are authorized in accordance with the respective national legislation to have access to classified information of the equivalent security classification level and on a need-to-know basis.
- 5 -Within the scope of this Agreement, each Party shall recognise the personnel security clearances and facility security clearances issued by the other Party.
- 6 -The national security authorities shall, in accordance with their respective national legislation, assist each other, upon request, at carrying out vetting procedures necessary for the application of this Agreement.
- 7 -Within the scope of this Agreement, the security authorities of the Parties shall inform each other without delay about any alteration with regards to personnel and facility security clearances, in particular about their withdrawal or downgrading.
- 8 -The Receiving Party shall:
- a)Release classified information to any Third Party only upon receipt of the prior written consent of the Providing Party.
- b)Mark the received classified information in accordance with article 3 of this Agreement;
- c)Use classified information solely for the purposes which it has been provided for.
- 9 -Upon a request of the national security authority of the Providing Party, the national security authority of the Receiving Party shall issue a written confirmation that an individual has the right to access classified information.
- 10 -The competent security authorities of the Parties, within the spirit of good will for mutual co-operation, and understanding, may visit each other in order to discuss and exchange views, experiences, lessons learned and technical knowledge in the fields of physical security, electronic security, industrial security, vetting procedures and any other issues related to the security of classified information.
- 11 -Access to classified information of both Parties, by natural persons from a Third Party shall only be authorized after a written consent of the national security authority of the Providing Party.
Article 6
Transmission of classified information
- 1 -Classified information shall be transmitted between the Parties, in accordance with the national legislation of the Providing Party, normally through the diplomatic channels, or as otherwise arranged between the competent security authorities.
- 2 -The Receiving Party shall confirm, in writing, the receipt of the classified information.
- 3 -Classified information marked as Akp(ómega)(sigma) a(Pi)opphto/Muito secreto/Top secret shall be transmitted through Government to Government channels in accordance with the national legislations of the Parties.
- 4 -As a minimum-security requirement classified information marked as Akp(ómega)(sigma) a(Pi)opphto/Muito secreto/Top secret shall be carried by, and under the sole control of a Government courier holding a personnel security clearance of the same level.
- 5 -The Receiving Party shall confirm the receipt of classified information of level Akp(ómega)(sigma) a(Pi)opphto/Muito secreto/Top secret in writing.
- 6 -Classified information marked as A(Pi)opphto/Secreto/Secret or Em(Pi)i(sigma)teytiko/Confidencial/Confidential shall be transmitted through Government to Government channels in accordance with the national legislation of the Parties, or through other secure channels mutually approved by the national security authorities of both Parties.
- 7 -The Receiving Party shall confirm the receipt of A(Pi)opphto/Secreto/Secret and E(mi)(Pi)(iota)(sigma)(tau)(épsilo)(ípsilo)(tau)(iota)(capa)o/Confidencial/Confidential level of classified information in writing.
- 8 -Classified information marked as (Pi)epiopi(sigma)mevh(sigma) xph(sigma)h(sigma)/Reservado/Restricted shall be transmitted through secure channels in accordance with the national legislation of the Parties.
- 9 -The procedures for the carriage of large consignments containing classified information shall be jointly agreed and evaluated, on a case-by-case basis, by the national security authority of both Parties.
- 10 -If classified information marked as A(Pi)opphto/Secreto/Secret, E(mi)(Pi)(iota)(sigma)(tau)(épsilo)(ípsilo)(tau)(iota)(capa)o/Confidencial/Confidential or (Pi)epiopi(sigma)mevh(sigma) xph(sigma)h(sigma)/Reservado/Restricted is to be transmitted electronically between the Parties, it shall not be sent in clear text.
- 11 -Electronic transmission of the specific classification levels referred in the previous article shall be carried out through certified cryptographic means mutually approved by the national security authorities.
- 12 -The main points of entry and exit for the classified information exchange under this Agreement shall be:
For the Portuguese Republic:
The Central Registry at the National Security Authority;
For the Republic of Cyprus:
The Central Top Secret Registry at the Ministry of Foreign Affairs.
- 13 -Without prejudice to paragraph 12 of this article, whenever deemed necessary, by the security forces, the military forces or the police, to exchange classified information, this exchange shall be done in accordance with the national legislation of the Parties.
- 14 -The main points of entry and exit for this category of classified information shall be agreed by the security forces, military forces, or the police upon a prior written consent and approval of the national security authorities of the Parties.
Article 7
Reproduction and translation of classified information
- 1 -Translations and reproductions of classified information shall be made in accordance with the national legislation of the Receiving Party and the following procedures:
- a)The translations and the reproductions shall be marked and protected as the original classified information;
- b)The translations and the number of copies shall be limited to that required for official purposes;
- c)The translations shall bear an appropriate annotation in the language of the translation indicating that it contains classified information received from the Providing Party.
- 2 -Classified information marked as A(Pi)opphto/Secreto/Secret or Akp(ómega)(sigma) a(Pi)opphto/Muito secreto/Top secret shall be translated or reproduced only upon the prior written consent of the Providing Party.
Article 8
Destruction of classified information
- 1 -Classified information shall be destroyed in a way that prevents its partial or total reconstruction.
- 2 -Classified information marked up to A(Pi)opphto/Secreto/Secret shall be destroyed in accordance with the national legislation of the Parties.
- 3 -Classified information marked as Akp(ómega)(sigma) a(Pi)opphto/Muito secreto/Top secret shall not be destroyed and shall be returned to the national security authority of the Providing Party.
- 4 -A report on destruction of classified information shall be made and its translation in English shall be delivered to the national security authority of the Providing Party.
- 5 -In case of a crisis situation in which it is impossible to protect or return classified information it shall be destroyed immediately, and the Receiving Party shall inform the national security authority of the Providing Party about this destruction as soon as possible.
Article 9
Classified contracts
- 1 -The national security authority of a Party shall provide to the national security authority of the other Party prior written assurance that a contractor or a sub-contractor wishing to undertake a classified contract marked as E(mi)(Pi)(iota)(sigma)(tau)(épsilo)(ípsilo)(tau)(iota)(capa)o/Confidencial/Confidential and A(Pi)opphto/Secreto/Secret, holds or is in the process of obtaining a facility security clearance of the appropriate security classification level.
- 2 -Each national security authority may request the other to carry out a security inspection in a facility located in their State's territory in order to ensure continuing compliance with security standards according to the respective national legislation.
- 3 -Each classified contract in accordance with this Agreement shall include:
- a)A commitment to comply with the provisions of the present Agreement;
- b)A commitment of the contractor or sub-contractor to ensure that their premises have necessary conditions for handling and storing classified information of a given security classification level;
- c)A commitment of the contractor or sub-contractor to ensure that persons who perform duties requiring access to classified information are duly authorised in accordance with their national legislation to have access to classified information of the equivalent security classification level and have been regularly security briefed;
- d)A list of classified information involved and a list of areas in which classified information will be handled and stored;
- e)The procedures for the transportation of classified information;
- f)Communication channels and means for electronic transmission.
- g)A commitment of the contractor or sub-contractor to notify its national security authority of any actual or suspected breach of security;
- h)A commitment of the contractor or sub-contractor to forward a copy of the classified contract to the national security authority of both Parties.
- 4 -A facility security clearance and a personnel security clearance are not required for classified contracts that are limited to classified information marked as (Pi)epiopi(sigma)mevh(sigma) xph(sigma)h(sigma)/Reservado/Restricted.
- 5 -Classified contracts referred to in paragraph 4 of this article, shall contain an appropriate security requirement clause defining the minimum security requirement to be applied by the contractor to classified information that is generated and/or provided as a result of the contract.
- 6 -The security clause referred to in paragraph 5 of this article, shall include a provision concerning the appointment, by the contractor, of a person who has the overall responsibility of the protection of classified information marked as (Pi)epiopi(sigma)mevh(sigma) xph(sigma)h(sigma)/Reservado/Restricted.
- 7 -A copy of the security requirement provision referred to in paragraph 6 of this article shall be provided to the national security authority, only upon request.
Article 10
Visits
- 1 -Visits related to classified contracts and involving access to classified information are subject to prior written authorisation (approval) given by the national security authority of the host Party.
- 2 -The national security authority of the host Party shall receive a request for a visit at least 20 (twenty) days in advance.
- 3 -In urgent cases, the request for a visit is submitted in shorter time.
- 4 -The request for a visit shall include:
- a)The visitor's name and surname, place and date of birth, citizenship, passport or identification document number;
- b)The name of the legal person represented by the visitor and position of the visitor in the legal entity;
- c)The name, address and contact information of the legal entity and the facility to be visited;
- d)The confirmation of the visitor's personnel security clearance, its validity and level;
- e)The object and purpose of the visit and the highest security classification level of classified information to be involved;
- f)The expected date and duration of the requested visit and, in case of recurring visits, the total period covered by the visits shall be stated;
- g)The date, signature and the official seal of the national security authority.
- 5 -Once the visit has been approved, the national security authority of the host Party shall provide a copy of the request for visit to the security officer of the legal entity to be visited.
- 6 -The validity of visit approval shall not exceed twelve (12) months.
- 7 -The national security authority of the Party that receives the request for visit shall inform, in due time, the national security authority of the requesting Party about the decision.
- 8 -The national security authorities of the Parties may draw up lists of individuals authorised to make recurring visits and shall be valid for an initial period of twelve (12) months and, upon agreement, may be extended for a further period of time not exceeding another twelve (12) months.
- 9 -The terms of the respective visits shall be directly arranged with the appropriate points of contact in the legal entity to be visited, in accordance with the terms and conditions agreed upon.
Article 11
Breach of security
- 1 -In case of actual or suspected breach of security, the national security authority of the Party where it has occurred shall inform, without delay and in writing, the national security authority of the Providing Party and initiate appropriate proceedings in accordance with national laws and regulations, in order to determine the circumstances of the breach of security, the extent of the damage and the measures adopted for its mitigation.
- 2 -If a breach of security occurs in a Third Party, the national security authority of the Party who released the information to the Third Party shall take all necessary measures in order to ensure that the actions prescribed in paragraph 1 of this article are initiated.
- 3 -The Providing Party shall, upon request, cooperate in the investigation in accordance with paragraph 1 of this article.
- 4 -The Providing Party shall be informed of the results of the investigation and shall receive the final report on the causes and degree of damage.
Article 12
Expenses
Each Party shall bear its own expenses incurred in the implementation of this Agreement and its supervision.
Article 13
Settlement of disputes
Any dispute regarding the interpretation or application of this Agreement shall be settled by negotiations between the Parties, through diplomatic channels.
Article 14
Amendments
- 1 -This agreement may be amended on the basis of mutual written approval of the Parties.
- 2 -The amendments shall enter into force according to the terms specified in article 16.
Article 15
Duration and termination
- 1 -This Agreement shall remain in force for an undetermined period.
- 2 -Each Party may, at any time, terminate this Agreement by written notification to the other Party through diplomatic channels.
- 3 -The Agreement shall be terminated six (6) months following the date of the receipt of the aforementioned notification.
- 4 -Notwithstanding the termination of this Agreement, the Parties shall ensure that all classified information shall continue to be protected until the Providing Party exonerates the Receiving Party from this obligation.
Article 16
Entry into force
The present agreement shall enter into force on the first day of the second month after the date of the receipt of the last written notification by which the Parties have notified each other, through diplomatic channels, that their national legal requirements necessary for its entry into force have been fulfilled.
Article 17
Registration
Upon the entry into force of this Agreement, the Party in whose territory this Agreement is signed shall transmit it to the Secretariat of the United Nations for registration, in accordance with article 102 of the Charter of the United Nations and shall notify the other Party of the completion of this procedure as well as of its registration number.
Done at Nicosia on 8 October 2022 in two originals, each in the Portuguese, Greek, and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.
For the Portuguese Republic:
João Gomes Cravinho, Minister of Foreign Affairs.
For the Republic of Cyprus:
Charalambos Petrides, Minister of Defence.
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