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Artigo 19.º — Registo

Vigente desde: 08/01/2021

Após a entrada em vigor do presente Acordo, a Parte em cujo território este seja 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 número de registo atribuído.

Em fé do que os abaixo assinados, devidamente autorizados para o efeito, assinaram o presente Acordo.

Feito em Lisboa, aos 28 de junho de 2018, em dois originais, cada um nas línguas portuguesa, húngara e inglesa, fazendo todos os textos igualmente fé. Em caso de divergência de interpretação, prevalecerá o texto na língua inglesa.

Pela República Portuguesa:

(ver documento original)

Pela Hungria:

(ver documento original)

AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND HUNGARY ON EXCHANGE AND MUTUAL PROTECTION OF CLASSIFIED INFORMATION

The Portuguese Republic and the Hungary (hereinafter referred to as "Parties"):

Recognising the importance of mutual co-operation between the Parties;

Realising that good co-operation may require exchange of classified information between the Parties;

Recognising that both Parties ensure equivalent protection for classified information;

Wishing to ensure the protection of classified information exchanged between them or between the legal entities or individuals under their jurisdiction:

Have, in mutual respect for their national interests and security, agreed upon the following:

Article 1

Scope of application

This Agreement sets out rules for the protection of classified information exchanged between the Parties or between the legal entities or individuals under their jurisdiction, in accordance with the respective Law of the Parties.

Article 2

Definitions

For the purpose of this Agreement:

  1. a)"Breach of security" means an act or an omission contrary to the respective Law of the Parties, which may lead to unauthorised disclosure, loss, destruction, misappropriation, access or any other type of compromise of classified information;
  2. b)"Classified contract" means an arrangement that contains or requires access to classified information, creating and defining enforceable rights and obligations;
  3. c)"Classified information" means any information that, regardless of its form or nature, requires protection against breach of security and has been duly designated;
  4. d)"Contractor" means a legal entity or an individual possessing the legal capacity to conclude classified contracts;
  5. e)"Facility security clearance" means the determination by a national security authority that a legal entity or an individual, possessing legal capacity, has the physical and organizational capability to handle and store classified information;
  6. f)"National security authority" means the state authority responsible for security and safeguarding of classified information as well as for the application of this Agreement;
  7. g)"Need-to-know" means the principle, according to which access to classified information may only be granted to a person who has a verified need to access classified information in connection with his/her official duties or for the performance of a specific task;
  8. h)"Originating party" means the Party, including the legal entities or individuals under its jurisdiction, which releases classified information to the other Party;
  9. i)"Personnel security clearance" means the determination by a national security authority that an individual is eligible to have access to classified information;
  10. j)"Receiving party" means the Party, including the legal entities or individuals under its jurisdiction, which receives classified information from the originating party;
  11. k)"Sub-contract" means a contract between a contractor and another contractor (sub-contractor) creating and defining enforceable rights and obligations;
  12. l)"Sub-contractor" means a legal entity or an individual possessing the legal capacity to conclude classified contracts, to whom a contractor gives a sub-contract;
  13. m)"Third party" means any international organisation or State that is not a Party to this Agreement.

    Article 3

    National security authorities

  14. 1 -The national security authorities of the Parties are:
    1. a)For the Portuguese Republic:

      Autoridade Nacional de Segurança, Presidência do Conselho de Ministros (National Security Authority, Presidency of the Council of Ministers);

    2. b)For Hungary:

      Nemzeti Biztonsági Felügyelet (National Security Authority).

  15. 2 -The Parties shall inform each other, in writing through diplomatic channels of any change regarding to the designation of the national security authorities.
  16. 3 -The national security authorities shall provide each other with official contact details and shall inform each other of any subsequent changes.
  17. 4 -Any change regarding to the national security authorities shall not constitute an amendment to this Agreement.

    Article 4

    Security classification levels

    The equivalence of the respective security classification levels is as follows:

    (ver documento original)

    Article 5

    Access to classified information

    Access to classified information under this Agreement shall be limited to individuals with a need-to-know, who are duly authorised and briefed of their responsibilities to protect such information.

    Article 6

    Security principles

  18. 1 -The originating party shall:
    1. a)Ensure that classified information is marked with appropriate classification markings;
    2. b)Inform the receiving party of any conditions for the use of classified information;
    3. c)Inform the receiving party in writing without undue delay of any subsequent changes in the classification level or duration of classification.
  19. 2 -The receiving party shall:
    1. a)Ensure that classified information is marked with the equivalent classification marking in accordance with article 4 of this Agreement;
    2. b)Afford the same degree of protection to classified information as afforded to its own classified information of equivalent classification level;
    3. c)Ensure protection of the classified information equivalent to its classification level until the written notification from the originating party about the declassification or the change of the classification level or the validity of the classified information;
    4. d)Ensure that classified information is not released to a third party without the prior written consent of the originating party;
    5. e)Use classified information only for the purpose it has been released for and in accordance with conditions for release of the originating party.

      Article 7

      Security co-operation

  20. 1 -In order to maintain comparable standards of security, the national security authorities shall, on request, inform each other of their respective Law concerning the exchange and protection of classified information.
  21. 2 -On request, the national security authorities shall assist each other during the personnel security clearance procedures and facility security clearance procedures.
  22. 3 -On request, the Parties shall recognise the personnel security clearances and facility security clearances issued by the other Party.
  23. 4 -The national security authorities shall promptly notify each other about changes in the recognised personnel security clearances and facility security clearances, especially in case of their withdrawal.
  24. 5 -The co-operation under this Agreement shall be effected in the English language.

    Article 8

    Classified contracts

  25. 1 -In case of classified contracts marked "Bizalmas!"/Confidencial/Confidential and above, implemented in the territory of one of the Parties, the national security authority of the other Party shall deliver prior written assurance that the proposed contractor holds a facility security clearance of an appropriate security classification level.
  26. 2 -The contractor or subcontractor shall ensure that all persons with access to classified information are informed of their responsibility towards the protection of classified information.
  27. 3 -The national security authorities may request each other to carry out a security inspection in a facility located in the territory of the other Party in order to ensure continuing compliance with security standards.
  28. 4 -Representatives of the national security authorities may visit each other in order to analyse the efficiency of the measures adopted by a contractor for the protection of classified information involved in a classified contract.
  29. 5 -Classified contract concluded between contractors of the Parties under the provisions of this Agreement shall include appropriate project security instructions identifying, at least, the following aspects:
    1. a)List of classified information involved in the classified contract and their security classification;
    2. b)Procedure for the communication of alteration in the security classification of information;
    3. c)Communication channels and means for electromagnetic transmission;
    4. d)Procedure for the transportation of classified information;
    5. e)Obligation to notify any actual or suspected unauthorized disclosure, misappropriation or loss of classified information.
  30. 6 -A copy of the project security instructions of a classified contract shall be forwarded to the national security authority of the Party where the classified contract is to be performed to allow adequate security supervision and control.

    Article 9

    Transmission of classified information

  31. 1 -Classified information shall be transmitted through diplomatic channels unless otherwise agreed in writing between the national security authorities.
  32. 2 -The national security authority of the receiving party shall confirm, in writing, the receipt of the classified information.

    Article 10

    Reproduction, translation and destruction of classified information

  33. 1 -Reproductions and translations of classified information released under this Agreement shall bear appropriate classification markings and shall be protected as the originals. The number of reproductions shall be limited to that required for official purposes.
  34. 2 -Translations of classified information released under this Agreement shall bear a note in the language of translation indicating that they contain classified information of the originating party.
  35. 3 -Classified information released under this Agreement marked "Szigorúan titkos!"/Muito Secreto/Top Secret shall be reproduced or translated only upon prior written consent of the originating party.
  36. 4 -Classified information released under this Agreement marked "Szigorúan titkos!"/Muito Secreto/Top Secret shall not be destroyed and shall be returned to the originating party.
  37. 5 -In case of a situation in which it is impossible to protect or to return the classified information to the originating party, it shall be destroyed without undue delay. The national security authority of the receiving party shall notify the national security authority of the originating party in writing of the destruction of the classified information.

    Article 11

    Visits

  38. 1 -With exception of visits entailing access to classified information marked as (ver documento original)/Reservado/Restricted which may be arranged directly between security officers of the entities concerned, visits entailing access to classified information are subject to prior written consent given by the national security authority of the host Party.
  39. 2 -The national security authority of the visiting Party shall notify the national security authority of the host Party about the planned visit through a request for visit at least twenty days before the visit takes place.
  40. 3 -In urgent cases, the request for visit shall be submitted at least seven days in advance.
  41. 4 -The request for visit shall contain the following:
    1. a)Name of the visitor, date and place of birth, nationality and passport/ID card number;
    2. b)Position of the visitor and specification of the organisation represented;
    3. c)Personnel security clearance level of the visitor and its validity;
    4. d)Date and duration of the visit and in case of recurring visits the total period of time covered by the visits;
    5. e)Purpose of the visit including the highest classification level of classified information involved;
    6. f)Name and address of the facility to be visited, as well as the name, phone/fax number, e-mail address of its point of contact;
    7. g)Date, signature and stamping of the official seal of the national security authority.
  42. 5 -The national security authority of the host Party shall inform, in due time, the national security authority of the visiting Party about the decision.
  43. 6 -Visit of individuals from a third party entailing access to classified information of the originating party shall only be authorized by a written consent of the national security authority of the originating party.
  44. 7 -The national security authority of the host Party shall provide a copy of the approved request for visit to the security officers of the entity to be visited.
  45. 8 -The validity of the visit authorization shall not exceed twelve months.
  46. 9 -The Parties may agree to establish a list of authorized persons to make recurring visits, which shall be valid for an initial period of twelve months.
  47. 10 -Once the Parties have approved the list for recurring visits, the terms of the specific visits shall be directly arranged with the security officers of the entities to be visited.
  48. 11 -Any classified information acquired by a visitor shall be considered as classified information released under this Agreement.

    Article 12

    Breach of security

  49. 1 -The national security authorities shall, without undue delay, inform each other in writing of any breach of security or suspicion thereof.
  50. 2 -The national security authority of the Party where the breach of security has occurred shall investigate the incident without undue delay. The national security authority of the other Party shall, if required, co-operate in the investigation.
  51. 3 -In any case, the national security authority of the receiving party shall inform the national security authority of the originating party in writing about the circumstances of the breach of security, the extent of the damage, the measures adopted for its mitigation and the outcome of the investigation.

    Article 13

    Expenses

    Each Party shall bear its own expenses incurred in the course of the implementation of this Agreement.

    Article 14

    Other international obligations

    The provisions of this Agreement shall not affect the rights and obligations arising from other international conventions, to which they are Party.

    Article 15

    Settlement of disputes

    Any dispute regarding the interpretation or implementation of this Agreement shall be settled by negotiations between the Parties, through diplomatic channels.

    Article 16

    Entry into force

    This Agreement shall enter into force on the thirtieth day following the receipt of the last written notification through diplomatic channels, stating that all the internal procedures necessary to that effect have been fulfilled.

    Article 17

    Amendment

  52. 1 -The Parties may amend this Agreement on the basis of mutual written consent.
  53. 2 -The amendments shall enter into force according to the terms specified in article 16 of this Agreement.

    Article 18

    Duration and termination

  54. 1 -This Agreement shall remain in force for an indeterminate period of time.
  55. 2 -Each Party may, at any time, terminate this Agreement.
  56. 3 -The termination shall be notified, in writing and through diplomatic channels, producing its effects six months after the date of the receipt of the respective notification.
  57. 4 -Notwithstanding the termination, all classified information released under this Agreement shall continue to be protected according to the provisions set forth herein, until the originating party dispenses the receiving party from this obligation, in writing and through diplomatic channels.

    Article 19

    Registration

    Upon the entry into force of this Agreement, the Party in which territory it is signed shall transmit it for registration to the Secretariat of the United Nations, according to article 102 of the Charter of the United Nations, and shall notify the other Party of the conclusion of this proceeding, indicating the respective number of registration.

    In witness whereof the undersigned, duly authorised to this effect, have signed this Agreement.

    Done in Lisbon, on 28th of June 2018, in two originals, in hungarian, portuguese and english languages, each text being equally authentic. In case of any divergence of interpretation the english text shall prevail.

    For the Portuguese Republic:

    (ver documento original)

    For Hungary:

    (ver documento original)

    113851157

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