The Government of the Republic of Armenia and the Government of the Republic of Cyprus (hereinafter referred to as “the Parties”),

Recognizing the need of defining rules of protection of mutually exchanged Classified Information within the framework of political, military, economic, legal, scientific, technological or any other type of cooperation, as well as for the Classified Information generated during such cooperation,

Aiming to ensure mutual protection of any Party’s Classified Information, which has been transferred to the other Party,

Willing to create an entire set of rules on mutual protection of Classified Information exchanged between the Parties,

Taking into account the mutual interests of the Parties related to the protection of Classified Information, in accordance with the legislation of the Parties,

Have agreed as follows:

Article 1
Purpose

The Purpose of this Agreement is to ensure the protection of the Classified Information regularly exchanged or generated between the Parties in accordance with its provision, the legislation of the Parties and the norms of international law.

Article 2
Definitions

The definitions used in this Agreement shall mean the following:

“Breach of Security” means an act or an omission which is contrary to this Agreement or 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.

“Classified Contract” means an agreement between two or more Contractors, which contains, includes or requires access to Classified Information.

“Classified Information” means any information or material, which irrespective of its form or content, requires protection from unauthorized activities and has been classified in accordance with the legislation of the Parties.

“Competent Authority” means the national security authority which is responsible for the implementation and supervision of the present Agreement, with which the activities related to the implementation of this Agreement are agreed upon.

“Contractor” means the physical person or legal entity, which has the legal capacity to enter into Classified Contracts.

“Facility Security Clearance” means the decision of the Competent Authority, which stipulates that the legal entity has physical and organizational capability to handle and store Classified Information in accordance with the respective national legislation.

“Need-to-know” means the need to have access to Classified Information within the framework of the respective service position and in order to solve certain issue.

“Releasing Party” means the Party, which transfers the Classified Information to the State of the other Party.

“Personnel Security Clearance” means the decision of the Competent Authority, which stipulates that in accordance with the respective national legislation, physical persons are entitled to get permission to have access to Classified Information.

“Recipient Party” means the Party, to which the Classified Information is transferred by the other Party.

“Third Party” means any State, organization, legal entity or physical person, which is not a party to this Agreement.

“Subcontractor” means an individual, a legal entity or other form of organization submitted by the Contractor, under the law of one of the Parties, which has legal capacity to undertake Classified Contracts under the provisions of this Agreement.

Article 3

Security Classification Levels

For the purposes of this Agreement the Parties agree that the following security classification levels and markings are equivalent and correspond to the security classification levels prescribed by the national legislation of the Parties:

For the Republic of Armenia

For the Republic of Cyprus

Equivalent in English

ՀԱՏՈՒԿ ԿԱՐԵՎՈՐՈՒԹՅԱՆ

AKPΩΣ AΠOPPHTO

TOP SECRET

ՀՈՒՅԺ ԳԱՂՏՆԻ

AΠOPPHTO

ԳԱՂՏՆԻ

ΕΜΠΙΣΤΕΥΤΙΚΟ

CONFIDENTIAL

Information originated from both Parties, classified as «ΑΚΡΩΣ ΑΠΟΡΡΗΤΟ», «ΑΠΟΡΡΗΤΟ» and «ΕΜΠΙΣΤΕΥΤΙΚΟ» is equivalent and corresponds to the Armenian security classification levels, as «ՀԱՏՈՒԿ ԿԱՐԵՎՈՐՈՒԹՅԱՆ», «ՀՈՒՅԺ ԳԱՂՏՆԻ» and «ԳԱՂՏՆԻ», also equivalent and corresponds to international security classification levels prescribed in English as «TOP SECRET», «SECRET» and «CONFIDENTIAL».

Information originated from the Cypriot Party security classification level as «ΠΕΡΙΟΡΙΣΜΕΝΗΣ ΧΡΗΣΗΣ» / «RESTRICTED» is equivalent and corresponds to the Armenian Party security classification level as «ԳԱՂՏՆԻ»/ «ΕΜΠΙΣΤΕΥΤΙΚΟ» / «CONFIDENTIAL».

Article 4
Competent Authorities

1.

The Competent Authorities of the Parties are:

For the Republic of Armenia:
National Security Service adjunct to the Government of the Republic of Armenia.

For the Republic of Cyprus:
National Security Authority/Ministry of Defence of the Republic of Cyprus.

2.

The Parties shall inform each other through diplomatic channels about any modification of the information on the contact of the Competent Authorities.

3.

Upon request the Competent Authorities shall inform each other about respective national legislation on Classified Information and shall exchange information on the standards of security, procedures and practices related to the protection of Classified Information.

Article 5
Protection Measures and Permission to Have Access to
Classified Information

1.

In accordance with the national legislation, the Parties shall undertake all due measures to protect Classified Information exchanged and generated under this Agreement. Such Classified Information shall be granted the same level of protection as it is provided by Article 3 of this Agreement for national Classified Information of equivalent level.

2.

The Releasing Party shall inform the Recipient Party in writing about modification of the security classification level of any transmitted Classified Information.

3.

The permission to have access to Classified Information shall, according to the “Need-to-know” basis, be restricted to such persons, who are allowed, in accordance with national legislation, to have access to Classified Information of equivalent security classification level.

4.

Within the framework of the present Agreement, each Party shall recognize the Personnel Security Clearances and Facility Security Clearances granted in accordance with the national legislation of the other Party. The Security Clearances shall comply with the Security Classification levels provided under Article 3 of this Agreement.

5.

The Competent Authorities, in accordance with the national legislation, support each other in the implementation of issues related to procedures of review of individual trustworthiness, which are necessary when applying this Agreement.

6.

Within the framework of this Agreement, the Competent Authorities shall without delay inform each other about any modification related to the Personnel and Facility Security Clearances, particularly, about their suspension or about downgrading their level.

7.

The Recipient Party shall:

a)

submit Classified Information to any Third party only when the prior written consent of the Releasing Party has been granted.

b)

mark the received Classified Information in accordance with Article 3.

c)

use the Classified Information only for the purposes for which it has been given.

Article 6
Transmission of Classified Information

1.

On a case by case basis upon agreeing with the Competent Authority the Classified Information shall be transmitted through diplomatic channels, in case of absence of other arrangement between the Competent Authorities. The Recipient Party shall confirm in written the receipt of the Classified Information.

2.

The electronic transfer of Classified Information shall be implemented in accordance to the encryption codes validated by the Competent Authorities.

3.

The main points of entry and exit for the Classified Information exchanged under this Agreement shall be:

For the Republic of Armenia:
Ministry of Foreign Affairs of the Republic of Armenia.
Government House # 2
Vazgen Sargsyan 3/8, Yerevan, 0010

For the Republic of Cyprus:
The Central TOP SECRET Registry at the Ministry of Foreign Affairs. Presidential Palace Avenue, 1447, Nicosia.

Article 7
Reproduction and Translation of Classified Information

1.

Translations and reproductions of Classified Information shall be done in accordance to the legislation of the Recipient Party and with the following procedures:

a)

Individuals shall be granted relevant Personnel Security Clearance in accordance to the national legislation.

b)

Translations and reproductions shall be marked and protected as the original of Classified Information.

c)

Translations and number of copies shall not exceed the amount required for official purposes.

d)

Translations shall contain a notification in the translation language, which will demonstrate that they contain Classified Information received from the Releasing Party.

2.

Any Classified Information equivalent to the security classification level «ՀՈՒՅԺ ԳԱՂՏՆԻ»/«ΑΠΟΡΡΗΤΟ»/«SECRET» or higher shall be translated or reproduced only upon prior written consent of the Releasing Party.

Article 8
Destruction of Classified Information

1.

The destruction of Classified Information shall be done in such a way so as to exclude the possibility of its reproduction and recovery.

2.

Classified Information equivalent to the security classification level «ՀԱՏՈՒԿ ԿԱՐԵՎՈՐՈՒԹՅԱՆ» / «ΑΚΡΩΣ ΑΠΟΡΡΗΤΟ» / «TOP SECRET» shall not be destroyed. It shall be returned to the Competent Authority of the Releasing Party.

3.

Classified Information equivalent to the security classification levels «ΠΕΡΙΟΡΙΣΜΕΝΗΣ ΧΡΗΣΗΣ» / «RESTRICTED», «ΕΜΠΙΣΤΕΥΤΙΚΟ» / «ԳԱՂՏՆԻ» / «CONFIDENTIAL» and «ΑΠΟΡΡΗΤΟ» / «ՀՈՒՅԺ ԳԱՂՏՆԻ» / «SECRET» shall be destroyed in accordance with the Parties’ national legislation.

4.

The Act on the destruction of Classified Information shall be drafted and its English translation shall be transferred to the Competent Authority of the Releasing Party.

Article 9
Classified Contracts

1.

Either Party, which desires to enter into a Classified Contract with a Contractor of the other Party or desires to authorize one of its Contractors to enter into a Classified Contract in the territory of the other Party shall have the prior written consent of the Competent authority of the other Party through its Competent Authority stating that the proposed Contractor is entitled to have access to the Classified Information of the respective security classification level, as provided by Article 3 of this Agreement and granted with a Facility Security Clearance of the appropriate security classification level with the exception of Classified Information equivalent to the security classification level «ՀԱՏՈՒԿ ԿԱՐԵՎՈՐՈՒԹՅԱՆ» / «ΑΚΡΩΣ ΑΠΟΡΡΗΤΟ» / «TOP SECRET».

2.

Any Classified Contract concluded under this Agreement shall include the following:

a)

Contractor’s obligation to ensure, that its premises have the necessary conditions to deal with and keep Classified Information of respective security classification level.

b)

Contractor’s obligation to ensure that the individuals who are required to implement obligations related to having access to Classified Information be granted with a Personnel Security Clearance.

c)

Contractor’s obligation to ensure that all individuals who are authorized to have access to Classified Information have been informed about their obligations in the field of protection of Classified Information in accordance with both Parties’ national legislation.

d)

If the Subcontractor is authorized to have access to Classified Information, then the Subcontractor has the same obligations of security standards that the Contractor has.

e)

Contractor’s obligation to review periodicaly the security of its premises.

f)

List of Classified Information and fields, where Classified Information may be generated.

g)

Procedure for communication in case of modification of the security classification level of the Classified Information.

h)

Communication and electronic means of transmission.

i)

Procedure of transmission or transportation of Classified Information.

j)

Respectively authorized physical persons or legal entities, which are responsible for the co-ordination of the protection of Classified Information related to the Classified Contract.

k)

Contractor’s obligation to notify in case of real or possible loss, outflow or non-authorized dissemination of Classified Information.

l)

Contractor’s obligation to transfer the copy of the Classified Contract to its Competent Authority.

m)

Subcontractor’s obligation to implement the obligations related to security which has the Contractor.

3.

By the written consent of the Competent Authority of the Recipient Party, the Contractor has the right to involve a Subcontractor.

4.

Upon the commencement of pre-contractual negotiations between a possible Contractor in the territory of any of the Parties and a possible Contractor located in the territory of the other Party, which are aimed to signing Classified Contracts, the Competent Authority shall inform the other Party on security classification Level of the classified information related to the pre-contractual negotiations.

5.

A copy of each Classified Contract shall be transferred to the Competent Authority of the Party, where necessary measures shall be undertaken to ensure due level of supervision of security.

6.

Representatives of Competent Authorities shall visit each other to analyze the means adopted by the Contractor for the protection of Classified Information included in the Classified Contract. The notification for the visit shall be submitted at least twenty (20) days in advance.

Article 10
Visits

1.

The visits of citizens of one of the Party to the other Party, which involve the right to access to Classified Information and Classified Contracts are subject to the prior written approval by the Competent Authority of the host Party.

2.

Visits which include right to access to Classified Information, shall be authorized by one of the Parties to citizens of the other Party only in cases, when they have respective Personnel Security Clearance and are authorized to receive or have access to Classified Information in accordance to their national legislation.

3.

Visits which include right to access to Classified Information of citizens of third States, will be authorized only by general agreement between the Parties.

 4.

The Competent Authority of the host Party shall receive a request for the Competent Authority of the other Party about the visit with at least thirty (30) days in advance.

5.

In urgent cases, the request for visit shall be transmitted with at least one day in advance.

6.

The request for visit shall include:

a)

The name and surname of the visitor, date of birth, month, day and place, nationality, number of passport or identity document.

b)

The name and address of the legal entity represented by visitor.

c)

The name and address of the legal entity to be visited.

d)

Visitor’s Personnel Security Clearance and the confirmation of its validity.

e)

The object and purpose of the visit.

f)

The dates and duration of the requested visit. In case of regular visits the general duration of the visits shall be mentioned.

g)

The official seal of the Competent Authority, date and signature.

7.

As soon as the visit is confirmed, the Competent Authority of the host Party shall grant a copy of the request for visit to the security employees of the legal entity to be visited.

8.

The validity of the confirmation of the visit shall not exceed one year.

9.

The Parties may draft a list of the names of the individuals, who are authorized to pay regular visits. The lists will be valid for an initial duration of twelve (12) months. The conditions of respective visits by those individuals shall be directly agreed upon with the respective contact points of the legal entity in accordance to the terms and conditions agreed upon.

Article 11
Breach of Security

1.

In accordance to the national legislation of the Parties, in case of Breach of Security, which leads to the real or possible revealing of Classified Information generated or received by the other Party, the Competent Authority of the Party where the Breach of Security or unauthorized revealing of Classified Information took place, shall immediately inform the Competent Authority of the other Party and start respective investigation.

2.

If the Breach of Security is originated in a Third party, the Competent Authority of the transferring State shall undertake the activities provided by Paragraph 1 of this Article.

3.

The other Party shall, upon request, co-operate with the investigation in accordance with Paragraph 1 of this Article.

4.

The other Party shall be informed on the results of the investigation and shall receive ultimate information on the causes and the amount of damage.

Article 12
Expenses

Each Party bears with its own costs related to the application and supervision of this Agreement.

Article 13
Dispute Settlement

The disputes arising out of the interpretation or application of the provisions of this Agreement shall be settled through negotiations and consultations between the Parties.

Article 14
Final Provisions

1.

This Agreement is concluded for an indefinite period of time and enters into force on the day of the receipt of the last written notification by which the Parties have notified each other, through diplomatic channels, on the completion of the internal procedures necessary for its entry into force.

2.

Any amendment or supplement to this Agreement may be done upon mutual written consent of the Parties. Amendments and supplements are formulated in separate protocols, which are integral part of this Agreement.

3.

Each Party may terminate this Agreement by notifying the other Party in written. The termination of this Agreement enters into force six months after the receipt of the respective notification.

4.

Notwithstanding of the termination of this Agreement, the Parties shall ensure that they will continue to protect all Classified Information, according to the provisions of this Agreement, until the Releasing Party dispenses, by its written consent, the Recipient Party from this obligation.

Done at Nicosia on 29 May, 2017 in two originals, each in the Armenian, Greek and English languages, all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.