Uredba o ratifikaciji Sporazuma o varovanju tajnih podatkov in materiala na področju obrambnega sodelovanja med Ministrstvom za obrambo Republike Slovenije in Ministrstvom za obrambo Države Izrael

The Ministry of Defence of the Republic of Slovenia and the Ministry of Defence of the State of Israel (hereinafter referred to as the Parties)
    Recognising their intention to participate in joint projects in the field of defence and military affairs;
    Wishing to safeguard the secrecy of defence and military projects, and classified material and classified information exchanged under the envisaged cooperation in the field of defence cooperation;
    Considering that the agreement on protection of classified information in the field of defence cooperation (hereinafter referred to as the Agreement) is in their mutual interest;
    The Parties are allowed to exchange the classified material and classified information, which were produced in between them, only;
    Desiring to define the terms and conditions governed by this Agreement;
    HAVE AGREED AS FOLLOWS:

ARTICLE I: ADOPTION OF PREAMBLE

The Preamble forms an integral part of this Agreement and shall be binding on both Parties.

ARTICLE II: DEFINITIONS

1. For the purposes of this Agreement the term “classified material and classified information” shall mean any material or information which is exchanged under the envisaged cooperation in the field of defence cooperation, – in the interests of the national security of the releasing Party and in accordance with laws and regulations in force – requires protection against unauthorized disclosure, and which was classified by the Competent Authorities in accordance with Article IV of the present Agreement.
    2. The term “information” shall comprise classified information in any form, including written, oral or visual forms.
    3. The term “material” shall mean a document, product or substance on which or in which information may be recorded or which may contain or comprise information irrespective of its physical character, and shall include but is not limited to: written documents, hardware, equipment, machinery, devices, samples, photos, audio records, reproductions, maps or letters, and other products, substances or items which may contain information.

ARTICLE III: SECURITY CLASSIFICATION AND DISCLOSURE

1. The Parties may not disclose classified material and classified information covered by this Agreement and acquired within the framework of defence cooperation and joint projects to any third party, country or individual without prior consent of the originating Party.
    2. In accordance with their national laws, regulations and practices, the Parties shall implement appropriate measures for the protection of classified material and information. A Party shall afford to all classified material and classified information a degree of protection that is equal to the protection provided to classified material and information originated by it.
    3. Access to classified material and information shall be limited to those requiring access for the purposes of performing their duties and those who were authorized by the Competent Authority and have under internal legislation access to classified information. Only persons with appropriate security clearance shall have access to information classified CONFIDENTIAL and above.

ARTICLE IV: PROJECT CLASSIFICATION

1. Having knowledge of security measures under applicable internal laws and regulations, a Party shall protect classified material and classified information exchanged under this Agreement and shall adopt equivalents of security classifications listed in the table below:

+-----------------------+-------------------+------------------+
|REPUBLIC OF SLOVENIA   |ENGLISH            |THE STATE OF      |
|                       |EQUIVALENT         |ISRAEL            |
+-----------------------+-------------------+------------------+
|STROGO TAJNO           |TOP SECRET         |SODI BEYOTER      |
+-----------------------+-------------------+------------------+
|TAJNO                  |SECRET             |SODI              |
+-----------------------+-------------------+------------------+
|ZAUPNO                 |CONFIDENTIAL       |SHAMUR            |
+-----------------------+-------------------+------------------+
|INTERNO                |RESTRICTED         |SHAMUR            |
+-----------------------+-------------------+------------------+

2. Upon receipt of classified material and classified information a Party shall record and mark this material and information with its own security classification marking according to the equivalents listed in the above table. The Originating Party shall inform the Receiving Party of any changes in classification.
    3. Classification guidelines for individual projects shall be coordinated between the contact persons of both Parties as specified in Article VIII.

ARTICLE V: VISITORS AND SECURITY CLEARANCE

1. Access to classified material and information and to premises where classified projects under this Agreement are carried out shall be provided by one Party to a person of the other Party, if this person has acquired a visit permit from the Competent Authority of the Host Party and has a suitable need-to-know basis. Upon visit notification, such permit shall be issued to persons who are security cleared and are authorised to handle classified material and information (hereinafter referred to as the visitors).
    2. The Competent Authority of the Originating Party shall inform the Competent Authority of the Host Party of expected visitors at least three weeks prior to the planned visit. In case of special needs, an authorisation of the visit shall be issued as soon as possible subject to prior coordination.
    3. Requests for visits must comprise the following data:
    A. name of the visitor, date and place of birth, nationality and passport number.
    B. official title of the visitor and the name of the entity, plant or organization represented by the visitor;
    C. security clearance of the visitor by his/her Competent Authority;
    D. planned date of visit;
    E. purpose of the visit;
    F. name of plants, installations and premises to be visited;
    G. names of persons of the Host Party to be visited, names of units and plants or organisations.
    4. Upon approval by the Competent Authority, a visit permit shall be issued for a specified period of time required for a specific project. Recurring visit permits shall be issued for a period not exceeding 12 months. These permits shall be issued by the Competent Authorities of the Parties.
    5. The Competent Authority of the Party and authority for issuing the visit permits in the Republic of Slovenia is the Intelligence and Security Service (ISS) of the Ministry of defence of the Republic of Slovenia, the Competent Authority for the State of Israel and authority for issuing the visit permits is Directorate of Security for the Defence Establishment (DSDE).

ARTICLE VI: TRANSFER OF CLASSIFIED MATERIAL AND INFORMATION

1. The Parties shall request and transfer classified material and classified information only through secure channels approved by them in accordance with internal legislation.

ARTICLE VII: UNAUTHORISED DISCLOSURE OR LOSS OF CLASSIFIED MATERIAL AND INFORMATION

1. In case of unauthorised disclosure or loss of classified material and information, the Receiving Party shall investigate every case for which it is known or suspected that classified material and information of the Originating Party were disclosed to unauthorised persons or were lost. The Receiving Party must promptly inform the Originating Party of any details concerning such cases and of the final results of such investigations or of corrective measures in order to prevent such cases from recurring.
    2. The Party conducting such an investigation shall cover all costs incurred by the investigation; these costs are not subject to reimbursement by the other Party.

ARTICLE VIII: NOMINATED SECURITY AUTHORITIES FOR MONITORING AGREEMENT IMPLEMENTATION

1. Each Party shall nominate an authority responsible for monitoring the implementation of this Agreement, regarding the protection of classified material and information:
    For the Ministry of Defence of the State of Israel – Directorate of Security for the Defence Establishment (DSDE).
    For the Ministry of Defence of the Republic of Slovenia: Intelligence and Security Service (ISS) at the Ministry of Defence of the Republic of Slovenia.
    2. The above authorities of the Parties shall agree on joint security plans for exchange of classified material and information in line with this Agreement.
    3. Each in their respective countries, the above mentioned Competent Authorities shall prepare and disseminate security instructions and procedures for the protection of classified material and information.
    4. Each Party shall agree to and previously harmonise with the other Party all provisions, instructions, procedures and practices which are in any way related to the implementation of this Agreement in general and in all contracts concluded between private and public organisational units or companies engaged by both Parties for the purposes of this Agreement.
    5. Both Competent Authorities shall coordinate mutual visits to exchange views and ideas concerning the activities to be performed according to this Agreement.
    6. Each Party shall appoint a contact person:
    For the Ministry of Defence of the State of Israel: Head of the Information Security at DSDE.
    For the Ministry of Defence of the Republic of Slovenia: General director of the Intelligence and Security Service at the Ministry of Defence of the Republic of Slovenia or a person authorised by the General director.

ARTICLE IX: SETTLEMENT OF DISPUTES

1. In case of a dispute between the Parties as to the interpretation or implementation of provisions or any other issues arising from this Agreement, the Parties shall agree to settle the dispute amicably and shall not submit it for settlement to third parties or any national or international tribunal.
    2. During the settlement of any dispute, both Parties must continue to meet all obligations under this Agreement.

ARTICLE X: EFFECTIVE DATE, TERMINATION AND APPLICATION

1. This Agreement shall enter into force on the day on which the Parties notify each other that all internal legal requirements for its entry into force have been met. The present agreement will apply provisionally from the date of the last signature. It may be terminated by way of written notification at any time by either Party, in such case the Agreement shall be terminated six (6) months after the date of receiving such denunciation by other Party. Nevertheless, the Agreement shall remain in force and apply to any or all activities, contracts or exchange of classified material and information carried out prior to its termination.
    2. This Agreement shall be on a case-by-case basis subject to “modus operandi” defined separately from this Agreement by the Competent Authorities of the Parties as defined in the first paragraph, Article VIII. Any contract signed and subject to “modus operandi” shall be in line with this Agreement.
    3. If this Agreement is terminated, the classifications of all existing projects shall remain in force until the Parties reach a mutual agreement on security issues.

XI. MISCELLANEOUS

1. The Party’s inability to insist in one or several cases on consistent implementation of provisions of this Agreement or to exercise any rights arising from this shall not be construed as a waiver within the framework of the Party’s rights to apply or react to such provisions or rights on any future occasion.
    2. The purpose of article headings is to facilitate reference and are not intended and shall not be applied to limit or extend the wording of provisions to which these headings refer.
    3. Neither Party may assign rights or obligations arising from this Agreement or in any other way transfer these rights or obligations without a written consent of the other Party.
    4. Each Party shall assist the personnel of the other Party in performing services and/or exercising rights in accordance with the provisions from this Agreement in the country of the other Party.
    5. All previous information that has been exchanged in the area of defence cooperation prior this agreement coming into force will be protected in accordance with the provisions stated in this agreement.

ARTICLE XII: NOTIFICATIONS

1. Notifications or messages required or permitted on the basis of this Agreement shall be forwarded to the addresses listed below in accordance with the provisions of this Agreement.
    2. Notifications generated by either Party to this Agreement must be in writing and in the English language.
    3. Notifications shall be sent to the following addresses:
    Ministry of Defence of The State of Israel:
    The State of Israel – Ministry of Defence
    Head of Information Security for the Defence Establishment (DSDE)
    Hakiria, Tel-Aviv, Israel
    Telephone: ++ 972-3-697-5486
    Fax: ++ 972-3-697-5138
    Ministry of Defence of the Republic of Slovenia:
    General director of Intelligence and Security Service of the Ministry of Defence of Republic of Slovenia
    Dimičeva 15
    1000 Ljubljana
    Slovenia
    Telephone: ++ 386-1-471-1300
    Fax: ++ 386-1-471-9022

ARTICLE XIII: ENTIRE ARRANGEMENT

The present Agreement constitutes the entire arrangement between the Parties to the Agreement and supersedes all previous notifications or assurances, either oral or written, prepared for these purposes by the Parties taking into consideration the subject-matter of this Agreement.
    This Agreement may be amended at any time on the basis of mutual agreement by the Parties. Any amendment must be in writing only, signed by the duly authorized representatives of each Party. Any amendment shall enter into force in line with the provisions of Article X of this Agreement. This Agreement is done in two originals, in English language.
    IN WITNESS WHEREOF the Parties have signed this Agreement.
    For the Ministry
    of Defence of
    The State of Israel:
    TITLE:
    Director DSDE (MALMAB) and Senior Deputy Director
    General
    Yechiel Horev (s)
    Date and place:
    18. 4. 2007
    For the Ministry
    of Defence of the Republic of Slovenia:
    TITLE:
    General director of Intelligence and Security Service
    Damir Črnčec, M. Sc. (s)
    Date and place:
    18. 4. 2007, Tel Aviv