Agreement
between
the Government of the Slovak Republic 
and
the Government of the Republic of Finland
on
Mutual Protection of Classified Information

The Government of the Slovak Republic and the Government of the Republic of Finland, representing the Slovak Republic and the Republic of Finland, hereinafter referred to as the Parties,
 
Desiring to create a set of rules on mutual protection of Classified Information exchanged between the Parties,

Considering the mutual interests in protection of Classified Information, in accordance with the national legislation of the Parties,

Have agreed as follows:

Article 1
Scope of Application
The purpose of this Agreement is to protect Classified Information provided by one Party to the other Party for purposes of foreign affairs, defence, security, police, industrial, scientific or technological matters, or transmitted within the context of the implementation or preparation of Classified Contracts, or arising or produced within the context of an activity falling within the scope of application of this Agreement.

Article 2
Definitions
1. For the purposes of this Agreement:
a) Classified Information means information, documents or material of whatever form or nature provided by one Party to the other Party and to which a security classification level has been applied and which has been marked accordingly under national legislation, as well as any information, documents or material that have been generated on the basis of such Classified Information and marked accordingly;
b) Classified Contract means any pre-contractual negotiations, contracts, subcontracts or other approved arrangement with or between contractors located in the State of either Party in order to supply products, execute works or provide services involving access to or generation of Classified Information; 
c) Originating Party means the Party, including any State bodies or public or private legal entities under its jurisdiction, providing Classified Information to the Recipient Party;

d) Recipient Party means the Party, including any State bodies or public or private legal entities under its jurisdiction, to which Classified Information is provided by the Originating Party.
e) Need-to-know means a principle by which access to Classified Information may only be granted to an individual in connection with his/her official duties or tasks.

Article 3
Competent Security Authorities
1. The Competent Security Authorities designated by the Parties as responsible for the general implementation and the relevant controls of all aspects of this Agreement are:

 Slovak Republic:	Republic of Finland:	
National Security Authority
Budatínska 30
P. O. BOX 16
850 07 Bratislava
Slovak Republic	Ministry for Foreign Affairs
Security Service
Kanavakatu 3 A 
P.O. BOX 176
00161 Helsinki
FINLAND	

2. The Parties shall inform each other through diplomatic channels of any subsequent changes of the Competent Security Authorities referred to in Paragraph 1. 
3. The Competent Security Authorities shall notify each other of any other Competent Security Authorities that are responsible for the implementation of this Agreement.

Article 4
Security Classification Levels
The levels of security classification shall correspond to one another as follows:

Slovak Republic	 Republic of Finland	English translation	
PRÍSNE TAJNÉ	ERITTÄIN SALAINEN	“TOP SECRET”	
TAJNÉ	SALAINEN	“SECRET”	
DÔVERNÉ	LUOTTAMUKSELLINEN	“CONFIDENTIAL”	
VYHRADENÉ	KÄYTTÖ RAJOITETTU	“RESTRICTED”	

Article 5
Mutual Protection of Classified Information

1. The Recipient Party shall mark the received Classified Information with its own equivalent security classification marking, in accordance with the equivalence scale referred to in Article 4.
2. The Competent Security Authority of the Recipient Party shall alter the security classification marking or revoke it only when so requested by the Competent Security Authority of the Originating Party.
3. The Competent Security Authority of the Recipient Party may request the Competent Security Authority of the Originating Party to alter the security classification or to revoke it.                                                   
4. The Parties shall take all appropriate measures, in accordance with their national legislation, so as to protect Classified Information referred to in this Agreement. They shall afford such Classified Information the same protection as they afford their own Classified Information at the corresponding security classification level.
5. The Parties shall not permit access to Classified Information by international organisations, by officials or legal entities of third countries, or by nationals of a third country, without the prior written consent of the Competent Security Authority of the Originating Party.
6. Classified Information shall be used solely for the purpose for which it has been provided.
7. Access to Classified Information shall be limited to individuals who have a Need-to-know and who, according to national legislation, have been security cleared and authorised to have access to such Classified Information as well as briefed accordingly. 
8. The Parties shall ensure that the implementation of this Agreement is carried out properly.

Article 6
Classified Contracts
1. If the Competent Security Authority of the Originating Party intends to permit negotiations for concluding a Classified Contract with a contractor under the jurisdiction of the Recipient Party, it shall, upon request and without delay, obtain the relevant security certificates from the Competent Security Authority of the Recipient Party.
2. In the case of an open tender, the Competent Security Authority of the Recipient Party may provide the Competent Security Authority of the Originating Party with the relevant security certificates without a formal request.
3. Sub-contractors shall be subject to the same security requirements, including due certification, as the contractor which concluded the main Classified Contract.
4. The Competent Security Authority of the Originating Party shall deliver to the Competent Security Authority of the Recipient Party a list of the Classified Information provided by it for the carrying out of the Classified Contract.

Article 7
Transmission of Classified Information
1.	 As a rule, Classified Information shall be transmitted through diplomatic channels. The Recipient Party shall confirm in writing the receipt thereof.
2.	 If the use of diplomatic channels is unsuitable, the Competent Security Authorities of the Parties may agree on other ways of transmitting Classified Information that ensure its due protection.
3.	Classified Information may be transmitted electronically only in a fully encrypted mode, by using encryption methods and devices approved by the Competent Security Authorities.

                                                                      Article 8
Translation, Copying and Disposal of Classified Information
 1. Information classified as PRÍSNE TAJNÉ/ ERITTÄIN SALAINEN or TAJNÉ/ SALAINEN may be translated or copied only with the prior written consent of the Competent Security Authority of the Originating Party. Translation and copying of other Classified Information shall be carried out in accordance with the national legislation of the Recipient Party.
	2. Information classified as PRÍSNE TAJNÉ/ ERITTÄIN SALAINEN shall not be destroyed, but shall be returned to the Originating Party after it is no longer considered necessary in accordance with the national legislation. Information classified as TAJNÉ/ SALAINEN or below shall be disposed of in accordance with the national legislation.

Article 9
Visits
1. Visits to premises where Classified Information is developed, handled or stored, or where classified projects are carried out, shall be granted by one Party to visitors from the other Party only with the prior written permission of the Competent Security Authority of the Recipient Party. Such a permission shall only be granted to individuals who have a personnel security certificate and a Need-to-know.
2. The request for a visit submitted by the requesting Competent Security Authority shall contain the following information: name of the visitor, date and place of birth, number of travel document; nationality; position and name of the organisation represented; security certificate; purpose, date and duration of the visit; name and point of contact of the legal entities to be visited. 
3. The request for a visit shall be received by the Competent Security Authority of the Recipient Party at least thirty days before the visit takes place. In urgent cases the Competent Security Authorities can agree on a shorter period.
4. Visits involving access to Classified Information by nationals of a third state shall only be authorized by an agreement between the Competent Security Authorities.
5. The Competent Security Authorities may draw up a list of persons authorised to make multiple visits in respect of any particular Classified Contract.  

Article 10
Notification and Consultations
1. In order to implement this Agreement, the Competent Security Authorities shall notify each other of their relevant national legislation and amendments thereto. 
2. In order to ensure close co-operation in the implementation of this Agreement, the Competent Security Authorities shall consult each other upon request of one of them. 
3. The Competent Security Authorities may develop detailed procedures for the implementation of this Agreement.
Article 11
Resolution of Disputes
All disputes between the Parties on the interpretation or application of this Agreement shall be resolved exclusively by mutual consultations, unless the Competent Security Authorities can agree.

Article 12
Protection Violation 
1. Each Party shall without delay notify the other Party of any suspicion or discovery of a breach or compromise of the security of Classified Information.
2. The Parties shall undertake all appropriate measures in accordance with their national legislation so as to limit the consequences of violations referred to in Paragraph 1 and to prevent further violations. Upon request, the other Party shall provide investigative assistance, and it shall be informed of the outcome of the investigation and of the measures undertaken.

Article 13
Expenses
Each Party shall bear its own expenses incurred in the implementation of this Agreement.

Article 14
Final Provisions
1. The Parties shall notify each other in writing of the fulfilment of all national legal procedures necessary for the entry into force of this Agreement. It shall enter into force on the first day of the second month following the receipt of the later notification.
2. This Agreement is concluded for an indefinite period of time. It may be amended by a mutual and written consent of the Parties. Each Party may propose amendments to this Agreement at any time. In such a case the Parties shall begin consultations on amending this Agreement.
3. Each Party may terminate this Agreement by written notification delivered to the other Party through diplomatic channels, observing a period of notice of six (6) months. If the Agreement is terminated, the Classified Information already provided and the Classified Information arising under this Agreement shall be handled in accordance with the provisions of this Agreement for as long as necessary for the protection of the Classified Information concerned.
4. The Party in whose territory this Agreement is concluded shall take without delay, after the entry into force of the Agreement, measures to have the Agreement registered by the Secretariat of the United Nations in accordance with Article 102 of the UN Charter. The other Party shall be notified of the registration and of the registration number in the UN Treaty Series as soon as it has been issued by the UN Secretariat.

In witness whereof, the duly authorised representatives of the Parties have signed this Agreement,
in […] on the ...th day of Month, 20...
in two originals, in the Slovak, Finnish and English languages. In case of differences of interpretation, the English text shall prevail.

For the Government of the Slovak Republic 	For the Government of the Republic of Finland