MISAFIL Security Agreement
MISAFIL AGREEMENT
regarding security procedures for the exchange of information
01-08-2022
Russian - Соглашение МИСАФИЛ по безопасности
English - MISAFIL Security Agreement
MISAFIL AGREEMENT
regarding procedures for the exchange
of security information
London, UK, Approved 01 August 2022
CONSIDERING:
What MISAFIL fully share the goals of strengthening their own security,
What MISAFIL agrees that cooperation should be developed between them on issues of mutual interest in the field of information security,
that in this context there is an ongoing need for the exchange of classified information between Parties that are part of MISAFIL (hereinafter referred to as the "Parties"),
RECOGNIZING that full and effective cooperation and consultation may require access to and exchange of classified information and materials of the Parties,
AWARE that such access to and exchange of classified information and materials requires appropriate security measures,
THE MISAFIL PARTIES HAVE AGREED AS FOLLOWS:
Article 1
1. In order to fulfill the objectives of strengthening the security of each Party in all respects, this Agreement shall apply to classified information or materials in any form, either provided by one Party to the other Party, or exchanged between the Parties.
2. Each Party undertakes to protect secret information received from the other Party from unauthorized disclosure or loss in accordance with the terms set forth in this Agreement and in accordance with the relevant laws, rules and regulations of the Parties.
3. This Agreement is not a basis for forcing the Parties to provide or exchange classified information.
Article 2
For the purposes of this Agreement, "classified information" means any information or material in any form, nature or mode of transmission that is determined by either Party to require protection from unauthorized disclosure or loss that may or may cause varying degrees of harm or damage to the interests or reputation of each of the Parties to this Agreement.
Article 3
Each Party shall ensure that it has in place appropriate security systems and measures, based on the basic principles and minimum security standards set out in its respective laws, rules or regulations and reflected in an executive mechanism, in order to provide an equivalent level of protection for classified information subject to operation of this Agreement.
Article 4
1. Classified information must be disclosed or released in accordance with the principle of the consent of the originator.
2. The decision to disclose or disclose secret information is made by the receiving Party on a case-by-case basis, subject to the prior written consent of the providing Party and in accordance with the sender's consent principle.
3. A general release is not possible unless the Parties have agreed on procedures for certain categories of information that are relevant to their specific requirements.
4. Secret information subject to this Agreement may be provided to a contractor or potential contractor only with the prior written consent of the providing Party. Before disclosing any classified information to a contractor or potential contractor, the receiving Party shall ensure that the contractor or potential contractor has secured its facilities and is able to protect classified information in accordance with applicable laws, rules and regulations, and that the contractor or potential contractor has the required security clearance. to the security of the facility, where applicable, for itself and has appropriate clearances for its personnel who need access to classified information.
Article 5
To establish an equivalent level of protection for classified information provided by the Parties or exchanged between them, the security classifications must comply with the following:
MISAFIL TOP SECRET - MISAFIL TOP SECRET
Article 6
1. Each Party, with respect to classified information provided or transmitted in accordance with this Agreement:
(1) protect, in accordance with its own laws, rules and regulations, such classified information at an equivalent level of protection, insofar as it provides its own classified information at an appropriate level of secrecy;
(2) ensure that such classified information retains the security markings assigned to it by the submitting Party and that it is not downgraded or declassified without the prior written consent of the submitting Party; the receiving Party shall protect classified information in accordance with the provisions set out in its own applicable laws, rules and regulations for information having an equivalent protection class;
(3) not to use such classified information for purposes other than those specified by the originator or the purposes for which the information is provided or exchanged, unless the providing Party has given its prior written consent;
(4) not disclose such classified information to a third party and not make such classified information publicly available without the prior written consent of the Party that provided it;
(5) not permit access to such classified information by individuals, unless they have a need to know and have obtained security clearance or are otherwise authorized or authorized in accordance with the applicable laws, rules and regulations of the receiving Party;
(6) ensure that such classified information is processed and stored in facilities that are properly guarded, controlled and protected in accordance with its laws, rules and regulations; as well as
(7) ensure that all persons with access to such classified information are informed of their responsibility to protect it in accordance with applicable laws, rules and regulations.
2. The Host Party must:
(1) take all necessary measures in accordance with its laws and regulations to prevent disclosure of classified information provided under this Agreement to the public or any third party; if there is any request to provide any classified information provided under this Agreement to the public or any third party, the receiving Party shall immediately notify the providing Party in writing and both Parties shall consult each other in writing before deciding whether to report that the information has been received;
(2) inform the providing Party of any request by a judicial authority, including as part of a judicial process, or a legislative body acting as an investigating authority, to receive classified information received from the providing Party in accordance with this Agreement; in evaluating such a request, the receiving Party shall, to the greatest extent possible, take into account the opinion of the submitting Party; if, by virtue of the laws and regulations of the receiving Party, this request entails the transfer of classified information to the requesting legislature or judicial authority, also as part of the judicial process, the receiving Party ensures to the maximum extent possible that the information is adequately protected, including from any disclosure to others authorities or third parties.
Article 7
Electronic transmissions of classified information between Parties shall be encrypted in accordance with the requirements of the issuing Party as set out in its laws, rules and regulations; the implementing agreement sets out accordingly the conditions under which each Party may transmit, store or process classified information provided by the other Party in its internal networks.
Article 8
The Parties shall cooperate as far as practicable with respect to the security of classified information covered by this Agreement and may provide mutual assistance on matters of mutual interest in the field of information security. Mutual security consultations and assessment visits should be carried out by the competent security authorities to assess the effectiveness of security measures within their respective responsibilities. The Parties jointly decide on the frequency and timing of such consultations and assessment visits.
Article 9
Each Party shall bear its own costs associated with the implementation of this Agreement.
Article 10
1. Nothing in this Agreement shall change agreements or arrangements between the Parties or agreements or arrangements between one or more Member States.
2. This Agreement does not prevent the Parties from entering into other agreements regarding the provision or exchange of classified information subject to this Agreement, provided that these agreements do not contradict the obligations under this Agreement.
Article 11
Each Party shall notify the other Party in writing of any changes to its laws, rules and regulations that may affect the protection of classified information referred to in this Agreement.
Article 12
The Parties shall resolve any disputes arising in connection with the interpretation or application of this Agreement through consultations.
Article 13
Termination of this Agreement shall not affect obligations already entered into under this Agreement. In particular, all classified information provided or transferred under this Agreement will continue to be protected in accordance with the provisions of this Agreement.
Article 14
This Agreement is made in two copies in English and Russian. All language versions of the Agreement are subject to final legal and linguistic verification.
Article 15
1. This Agreement shall enter into force on the date of entry into force of the Trade and Cooperation Agreement, provided that prior to that date the Parties have notified each other that they have complied with their respective internal requirements and procedures. to establish their consent to be bound.
2. This Agreement shall apply from the date of application of the Agreement or from the date on which the Parties notify each other that they have complied with their respective internal requirements and procedures for the disclosure of classified information in accordance with this Agreement, whichever is later.
3. This Agreement may be revised to consider possible amendments at the request of either Party.
4. Any amendments to this Agreement must be made only in writing and by mutual agreement of the Parties.
Article 16
1. Nothing in this Agreement can be interpreted or construed as granting anyone (individuals, groups of persons, entities) the right to engage in any activity or perform actions aimed at the destruction of this Agreement, the destruction of the rights and freedoms set forth in this Agreement is prohibited.
2. Anyone who breaks the law is subject to these restrictions and their immunity does not apply in this respect. Anyone who continues to act in this way opposes the higher law and is personally responsible for their actions, security and consequences, at their own peril and risk, in accordance with the principles of international, sovereign and extraterritorial law.
3. All rights reserved. Without prejudice to any rights. The interpretation of this text belongs to the Parties MISAFIL. This agreement is valid from the moment of publication, according to international, sovereign and extraterritorial law.
This Agreement is documented and enforceable under international, sovereign and extraterritorial law.
Drafted and approved in London, United Kingdom on August 01, 2022.