Treaties
DefenseREF: 95-2 CTIA 69 Signed at Sofia Feb.1, 1995 AGREEMENT BETWEEN THE UNITED STATES AND BULGARIA CONCERNING THE PROTECTION OF CLASSIFIED MILITARY INFORMATION
Taking into consideration the changes in the political and military situation in the world, Registering the important role of cooperation between the two countries for stabilization of peace, international security and trust, and Expressing their desire for mutually beneficial cooperation based on mutual respect and trust and taking account of the interests of both Parties, Have agreed on the following: CHAPTER I ARTICLE 1 The Parties shall fulfill their obligations, listed in the Agreement, in accordance with its clauses based on principles of equality and mutual benefit. ARTICLE 2 The Parties shall apply this Agreement for the protection of classified military information in accordance with their national laws and regulations. Decisions on information to be provided by one Party to the other shall be approved by the appropriate authorities of the respective countries. ARTICLE 3 Each Party shall promptly notify the other of any changes to its laws and regulations that would affect the protection of classified military information under this Agreement. In such case, the Parties shall consult as provided for in Chapter XVI, to consider possible changes to this Agreement. In the interim, classified military information shall continue to be protected as described herein, unless agreed otherwise in writing by the providing Party. ARTICLE 4 The Agreement refers only to matters regarding the subject of this Agreement. ARTICLE 5 The subject of this Agreement is the protection of classified military information provided directly or indirectly by one Party to the other Party, or to an officer or other representative of the Parties. Such information shall be protected according to the terms set forth herein. For the purpose of this Agreement, classified military information is information that is generated by or for the Department of Defense of the United States of America or the Ministry of Defense of the Republic of Bulgaria, or that is under their jurisdiction or control, and which requires protection in the interests of national security of the Parties. For the United States of America, classified military information is marked CONFIDENTIAL, SECRET, or TOP SECRET. For the Republic of Bulgaria, it is marked SECRET, TOP SECRET, and TOP SECRET OF SPECIAL IMPORTANCE. The information may be in oral, visual, or documentary form, or in the form of equipment or technology. ARTICLE 7 Supplemental agreements under this Agreement may be concluded by the designated responsible agencies. For the Government of the United States of America, the responsible agency shall be the Department of Defense. For the Government of the Republic of Bulgaria, the responsible agency shall be the Ministry of Defense. ARTICLE 8 No individual shall be entitled to access to the information solely by virtue of rank, appointment, or security clearance. Access to the information shall be granted only to those individuals whose official duties require such access and who have been granted a personnel security clearance in accordance with the prescribed standards of the Parties. The Parties shall ensure that: (1) The recipient Party will not release the information to a government, person, firm, or other institution or organization of a third country without the written approval of the releasing Party; (2) The recipient Party will afford the information a degree of protection equivalent to that afforded it by the releasing Party; (3) The recipient Party will not use the information for other than the purpose for which it was provided; (4) The recipient Party will respect private rights, such as patents, copyrights, or trade secrets which are involved in the information; and (5) Each facility or establishment that handles classified military information shall maintain a registry of the clearance of individuals at the facility or establishment who are authorized to have access to such information. CHAPTER V ARTICLE 9 The determination on the granting of a personnel security clearance to an individual shall be consistent with the interests of national security and shall be based upon all available information indicating whether the individual is of unquestioned loyalty, integrity, and trustworthiness, and excellent character, and of such habits and associates as to cast no doubt upon his or her discretion or good judgment in the handling of classified information. An appropriate investigation, in sufficient detail to provide assurance that the above criteria have been met, shall be conducted by the Parties with respect to any individual to be granted access to classified information covered by this Agreement. ARTICLE 11 Before a representative of a party releases classified information to an officer or representative of the other Party, the receiving Party shall provide to the releasing Party an assurance that the officer or representative possesses the necessary level of security clearance and requires access for official purposes and that the information will be protected by the receiving Party. ARTICLE 12 Authorizations for visits by representatives of one Party to facilities and establishments of the other Party, where access to classified military information is required, shall be limited to those necessary for official purposes. Authorizations to visit the facilities and establishments shall be granted only by the Parties or government officials designated by the Parties. The Parties or their designee shall be responsible for advising the facility or establishment of the proposed visit, and the scope and highest level of classified information that may be furnished to the visitor. Requests for visits by representatives of the Parties shall be submitted through the United States Defense Attache Office in Sofia, in the case of United States visitors, and through the Bulgarian Defense Attache Office in Washington, D.C., in the case of Bulgarian visitors. CHAPTER VII ARTICLE 13 The Parties shall be responsible for all classified military information of the other Party while in transit or storage within their territory. The Parties shall be responsible for the security of all government and private facilities and establishments where the information of the other Party is available and shall assure that qualified individuals are appointed for each such facility or establishment who shall have the responsibility and authority for the control and protection of the information. The information shall be stored in a manner that assures access only by those individuals who have been authorized access pursuant to Chapter IV of this Agreement. CHAPTER VIII ARTICLE 16 Classified military information shall be transmitted between the Parties through (1) Documents. Documents and other media containing classified information shall be transmitted in double sealed envelopes, the innermost envelope bearing only the classification of the documents and the organizational address of the intended recipient and the outer envelope bearing the organizational address of the recipient, the organizational address of the sender, and the registry number, if applicable. No indication of the classification of the enclosed documents shall be made on the outer envelope. The sealed envelope shall then be transmitted according to the prescribed procedures of the Parties. Receipts shall be prepared for packages containing classified documents that are transmitted between the Parties, and a receipt for the enclosed documents shall be signed by the final recipient and returned to the sender. (2) Equipment. (a) Classified equipment shall be transported in sealed covered vehicles, or be securely packaged or protected, and kept under continuous control to prevent access by unauthorized persons. (b) Classified equipment which must be stored temporarily awaiting shipment shall be placed in a protected storage area. The area shall be protected by intrusion-detection equipment or guards with security clearances who shall maintain continuous surveillance of the storage area. Only authorized personnel with the requisite security clearance shall have access to the storage area. (c) Receipts shall be obtained on every occasion when classified equipment changes hands en route; and, a receipt shall be signed by the final recipient and returned to the sender. (3) Electronic Transmissions. Classified military information transmitted by electronic means shall be encrypted. CHAPTER IX ARTICLE 17 Accountability or control procedures shall be established to manage the dissemination of and access to classified military information. ARTICLE 18 Each Party shall stamp or affix the name of the originating government on all classified military information received from the other Party. The information shall be marked with a national security classification marking of the recipient Party that will afford a degree of protection equivalent to that afforded it by the originating Party. ARTICLE 19 Classified documents and other media containing classified information shall be destroyed by burning, shredding, pulping, or other means preventing reconstruction of the classified information contained therein. ARTICLE 20 Classified equipment shall be destroyed beyond recognition or modified so as to preclude reconstruction of the classified information in whole or in part. ARTICLE 21 When a classified document and other media are reproduced, all original security markings thereon also shall be reproduced or marked on each copy. Such reproduced documents or media shall be placed under the same controls as the original document. The number of copies shall be limited to that required for official purposes. ARTICLE 22 All translations of classified information shall be made by individuals with security clearances pursuant to Chapter V. The number of copies shall be kept to a minimum and the distribution thereof shall be controlled. Such translations shall bear appropriate security classification markings and a suitable notation in the language into which it is translated, indicating that the document contains classified information of the originating Party. ARTICLE 23 Prior to the release to a contractor or prospective contractor of any classified military information received from the other Party, the recipient Party shall: (1) Ensure that such contractor or prospective contractor and the contractor's facility have the capability to protect the information; (2) Grant to the facility an appropriate facility security clearance; (3) Grant appropriate personnel security clearances for all individuals whose duties require access to the information; (4) Ensure that all individuals having access to the information are informed of their responsibilities to protect the information in accordance with applicable laws and regulations; (5) Carry out periodic security inspections of cleared facilities to ensure that the information is protected as required herein; and (6) Ensure that access to the information is limited to those persons who have a need to know for official purposes. CHAPTER XV ARTICLE 24 The originating Party shall be informed immediately of all losses or compromises, as well as possible losses or compromises, of its classified military information and the recipient Party shall initiate an investigation to determine the circumstances. The results of the investigation and information regarding measures taken to prevent recurrence shall be forwarded to the originating Party by the Party that conducts the investigation. CHAPTER XVI ARTICLE 25 Implementation of the foregoing security requirements can be advanced through reciprocal visits by security personnel of the Parties. Accordingly, security representatives of the Parties, after prior consultation, shall be permitted to visit the other Party, to discuss, and view firsthand, the implementing procedures of the other Party in the interest of achieving reasonable comparability of the security systems. Each Party shall assist the security representatives in determining whether classified military information provided by the other Party is being adequately protected. ARTICLE 26 This Agreement shall enter into force when it has been signed by both Parties. Amendments to the present Agreement shall be made by mutual consent of the Parties and shall enter into force as of the date of their signing. ARTICLE 28 This Agreement shall remain in force for a period of five years and shall be extended annually thereafter, unless either Party notifies the other, ninety days in advance, of its intention to terminate the Agreement. ARTICLE 29 Not withstanding the termination of this Agreement, all classified military information provided pursuant to this Agreement shall continue to be protected in accordance with the provisions set forth herein. DONE at Sofia this 1st day of February, 1995, in the English and Bulgarian languages, both texts being equally authentic. FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: FOR THE GOVERNMENT OF THE REPUBLIC OF BULGARIA:
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