Νόμος 3349/2005

ΑΡΘΡΟ 14 ΤΕΛΙΚΕΣ ΔΙΑΤΑΞΕΙΣ

14.1 Η παρούσα Συμφωνία θα τεθεί σε ισχύ από την ημερομηνία παραλαβής της τελευταίας ειδοποιήσεως με την οποία τα συμβαλλόμενα μέρη θα κάνουν γνωστό εκατέρωθεν σε γραπτή μορφή μέσω διπλωματικών καναλιών ότι οι απαιτήσεις των εθνικών νομοθεσιών τους για την έναρξη ισχύος της συμφωνίας έχουν περαιωθεί.

14.2. Η παρούσα Συμφωνία μπορεί να τροποποιείται οποτεδήποτε γραπτώς από τα συμβαλλόμενα Μέρη. Όλες οι τροποποιήσεις θα είναι αναπόσπαστα μέρη της Ρυθμίσεως και θα τεθούν σε ισχύ σύμφωνα με τις διατάξεις της προηγούμενης παραγράφου.

14.3. Η παρούσα Συμφωνία ισχύει για απεριόριστο χρονικό διάστημα. Η παρούσα Συμφωνία θα παραμείνει σε ισχύ μέχρι να καταγγελθεί από οποιοδήποτε Συμβαλλόμενο Μέρος δίνοντας στο άλλο έξι μήνες προγενέστερη γραπτή ειδοποίηση καταγγελίας. Τα δύο Συμβαλλόμενα Μέρη θα παραμείνουν υπεύθυνα μετά την καταγγελία ή τον τερματισμό για την προστασία όλων των διαβαθμι-σμένων πληροφοριών που ανταλλάσσονται υπό τις ρυθμίσεις της παρούσας Συμφωνίας.

14.4. Ομοίως, οποιαδήποτε διαβαθμισμένη πληροφορία, η οποία ανταλλάσσεται σύμφωνα με την παρούσα Ρύθμιση θα διασφαλίζεται, μολονότι η διαβίβασή της μπορεί να προκύψει μετά από ειδοποίηση από οποιοδήποτε Συμβαλλόμενο Μέρος να την καταγγείλει.

14.5. Σε περίπτωση καταγγελίας λύσεις σε οποιαδήποτε σημαντικά προβλήματα θα επιδιώκονται με διαβουλεύσεις μεταξύ των δύο Συμβαλλομένων Μερών.

14.6. Αυτή η Γενική Συμφωνία Ασφαλείας (GSA) δεν καλύπτει την ανταλλαγή πυρηνικών, βιολογικών, χημικών (NBC) πληροφοριών, σχετικά με τον εξοπλισμό που κοινώς αναφέρεται ως Όπλα Μαζικής Καταστροφής (WMD).

Υπεγράφη στο Βουκουρέστι την 13 Ιουνίου 2003 σε δύο πρωτότυπα αντίγραφα, κάθε ένα στην Αγγλική, Ελληνική ή Ρουμανική γλώσσα, όντας όλα τα κείμενα εξίσου αυθεντικά. Σε περίπτωση διαφορών μεταξύ των κειμένων, η Αγγλική εκδοχή θα υπερισχύει.

ΓΙΑ ΤΟ ΥΠΟΥΡΓΕΙΟ ΓΙΑ ΤΟ ΥΠΟΥΡΓΕΙΟ

ΕΘΝΙΚΗΣ ΑΜΥΝΑΣ ΤΗΣ ΕΘΝΙΚΗΣ ΑΜΥΝΑΣ ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ ΡΟΥΜΑΝΙΑΣ

Υποστράτηγος Ιωάννης Γιαμαλάκης Διευθυντής Β' ΚΛΑΔΟΥ (ΥΣΠ)/ΓΕΕΘΑ

Αντιστράτηγος Gheorghe Rotaru Γενικός Δντής της Γενικής Διεύθυνσης Πληροφοριών/

ΥΠΑΜ

GENERAL SECURITY ARRANGEMENT Between

THE MINISTRY OF NATIONAL DEFENSE OF THE HELLENIC REPUBLIC And

THE MINISTRY OF NATIONAL DEFENSE

OF ROMANIA

CONCERNING THE PROTECTION OF EXCHANGED CLASSIFIED INFORMATION

The Ministry of National Defense of the Hellenic Republic and the Ministry of National Defense of Romania, also referred to as Contracting Parties, for the purpose of this Arrangement, wishing to ensure the protection of classified information transferred for the purposes of Defense matters, research, production and procurement, through approved channels, have, in the interests of National security, established the following arrangement which are set out in this General Security Arrangement (GSA). Have agreed as follows:

ARTICLE 1

DEFINITIONS

The following terms are defined in the interests of clarity:

1.1. "Classified Information* means defense information or material determined to required protection against unauthorized disclosure which has been so designated by security classification;

"Material* includes documents and also any item of machinery or equipment or weapons either manufactured or in the process of manufacture;

«Document» means any recorded information regardless of its physical form or characteristics, including, without limitation, written or printed matter, data processing cards and tapes, maps, charts, photographs, paintings, drawings, engravings, sketches, working notes and papers, carbon copies and ink ribbons, or reproductions by any means or process, and sound, voice, magnetic or electronic or optical or video recordings in any form, and portable ADP equipment with resident computer storage media, and removable computer storage media.

1.2. «Contractor» means an individual or legal entity possessing the legal capability to undertake contracts, engaged or interested in Defense matters, research, production and procurement.

1.3. «Contract» means an agreement between two or more parties creating and defining enforceable rights and obligations.

1.4. "Classified Contract* means a Contract, which contains or involves Classified Information.

1.5. «NATIONAL Security Authority (NSA)/Designated Security Authority (DSA)» means the Authority responsible for Defense Security in each country.

1.6. «Originating Contracting Party» means the Party of the present Arrangement, which transmits Classified Information and materials.

1.7. «Recipient Contracting Party* means the Party of the present Arrangement which Classified Information and materials is transmitted to.

1.8. «Visitors» means individuals being representatives of any Contracting Party who have access to Classified Information under the present Arrangement on the other Contracting Party's State territory.

ARTICLE 2

SECURITY CLASSIFICATION

The security classifications and their equivalents for the Contracting Parties will be limited to: IN THE HELLENIC EQUIVALENCY IN ROMANIA

REPUBLIC IN ENGLISH IN ENGLISH

AKPOS APORRITO TOP SECRET STRICT SECRET DE

(ΑΚΡΩΣ ΑΠΟΡΡΗΤΟ) IMPORTANTA DEOSEBITA

APORRITO SECRET STRICT SECRET

(ΑΠΟΡΡΗΤΟ)

EMPISTEYTIKO CONFIDENTIAL SECRET

(ΕΜΠΙΣΤΕΥΤΙΚΟ)

PERIORISMENIS CHRISSIS RESTRICTED SECRET DE SERVICIU (ΠΕΡΙΟΡΙΣΜΕΝΗΣ ΧΡΗΣΗΣ).

ARTICLE 3

COMPETENT SECURITY AUTHORITIES

3.1. The Authorities responsible for this aspect of Defense Security for the Contracting Parties are the following:

FOR THE HELLENIC REPUBLIC

NATIONAL SECURITY AUTHORITY (NSA) Hellenic National Defense General Staff B' Branch/ Security Section (HNDGS/B' BR/SEC. SECTION) STRATOPEDO "PAPAGOU" MESOGION AVE., STG 1020 Athens, Greece Tel: 0030 10 6572009 Fax: 0030 106426432

DESIGNATED SECURITY AUTHORITY (DSA)

General Secretariat For Financial Planning And Defense Investments General Directorate Defence

Industry And Research Directorate Defence Industry STRATOPEDO "FAKINOU", STG 1020 Athens, Greece Tel: 0030-10-7474224 Fax: 0030-10-7474236

FOR ROMANIA

DESIGNATED SECURITY AUTHORITY (DSA) General Defense Intelligence Directorate Ministry of National Defense 13-15 Izvor Street Bucharest

With respects to the civilian field, the Romanian Contracting Party agrees to support the Hellenic Contracting Party for routing the applications to the appropriate Romanian authorities.

3.2. The points of contact for all aspects of this Arrangement are:

FOR ROMANIA

The Defense Military, Air & Naval Attache Romanian Embassy Emanuel Benaki No.7

PALEO PSYCHICO ATHENS

FOR THE HELLENIC REPUBLIC Embassy of the Republic of Greece Defence Attache Office 1-3 Bvd Pache Protopopescu, Sector 2 Bucharest, Romania

Tel: 004-021-2568010 Fax.: 004-021-2568020

ARTICLE 4

RESTRICTIONS ON USE AND DISCLOSURE

4.1. Unless express prior consent is given to the contrary, the Recipient Contracting Party will not disclose or use, or permit the disclosure or use, of any Classified Information except for purposes and within any limitation stated by or on behalf of the Originating Contracting Party.

4.2. The Recipient Contracting Party will not pass or disclose to a Government official, Contractor, Contractor's employee or to any other person holding the nationality of any third country or of dual nationality, or to any international organization, any Classified Information, supplied under the provisions of the present Arrangement, nor will it publicly disclose any Classified Information without the prior written permission of the Originating Contracting Party's NSA/DSA.

Furthermore, the Recipient Contracting Party will not disclose to any third party, any information supplied in confidence, whether classified or not, without the prior written permission of the Originating Contracting Party's NSA/DSA.

4.3. Nothing in the Arrangement will be taken as an authority for, or to govern the release, use, exchange or disclosure of information in which intellectual property rights exist, until the specific written authorization of the Originating Contracting Party's NSA/DSA has first been obtained.

ARTICLE 5

PROTECTION OF CLASSIFIED INFORMATION

5.1. The Originating Contracting Party will ensure that the Recipient Contracting Party is informed of:

5.1.1 The level of classification of the information and of any conditions of release or limitations on its use, and that documents are so marked.

5.1.2 Any subsequent change in classification.

5.2. The Recipient Contracting Party will:

5.2.1 In accordance with its national laws and regulations, afford a level of security protection to Classified Information as it is afforded to its own Classified Information of equivalent classification, as shown in Article 2.

5.2.2 Ensure that Classified Information is marked with its own classification in accordance with Article 2 above.

5.2.3 Ensure that Classifications are not altered, except as authorized in writing by or on behalf of the Originating Contracting Party.

5.3. In order to achieve and maintain comparable standards of security, each NSA/DSA will, on request, provide to the other information about its security standards, procedures and practices for safeguarding Classified information, and will for this purpose facilitate visits by the representatives of the other NSA/DSA.

ARTICLE 6 ACCESS TO CLASSIFIED INFORMATION

Access to Classified Information will be limited to those persons who have a «need to know», and who have been security cleared by the Recipient Contracting Party's NSA/DSA in accordance with their national laws and regulations on protection of information, to the level appropriate to the classification of the information to be accessed.

ARTICLE 7

TRANSMISSION OF CLASSIFIED INFORMATION

7.1. Classified Information will be exchanged between the two Contracting Parties in accordance with the National laws and regulations on protection of the information of Originating Contracting Party. The normal route will be through official diplomatic Government to Government channels, but other arrangements may be established, if mutually acceptable to both Contracting Parties.

7.2. Classified Information may be transmitted between a Romanian company and a Hellenic owned company in Romania or a Hellenic company and a Romanian owned company in the Hellenic Republic using the national transmission rules applicable in the country in which the companies are located. Releases may only take place between companies, which hold the relevant security clearances and where the information has been approved for release to the other Contracting Party.

ARTICLE 8 VISITS

8.1. The prior approval of the NSA/DSA of the host Contracting Party will be required in respect of visitors, including those on detached duty from the other State, where access to Classified Information or to Defense establishment/ contractor premises engaged in classified work is necessary. Requests for such visits will be submitted through the Defense Attache's Office in the respective Embassies.

8.2. Requests will include the following information:

8.2.1. Name of proposed visitor, date and place of birth, nationality and passport number/identity card number.

8.2.2. Officiai status of the visitor together with the name of the establishment, company or organization, which he represents or to which he belongs.

8.2.3. Certification of level of security clearance of the visitor.

8.2.4. Name and address of the establishment, company or organization to be visited.

8.2.5. Name and status of the person(s) to be visited, if known.

8.2.6. Purpose of the visit.

8.2.7. Date of the visit. In case of recurring visits the total period covered by the visits should be stated (Recurring visit applications are valid for a period of up to 12 months only).

8.3. All visitors will comply with the national laws and regulations on protection of Classified Information of the host Contracting Party.

8.4. Visit requests should be submitted to the host Contracting Party's NSA/DSA in accordance with the provisions of this Arrangement. Short notice visits can be arranged in urgent cases by special mutually determined arrangements.

8.5. In cases involving a specific project or a particular contract it may, subject to the approval of both Contracting Parties, be possible to establish Recurring Visitors Lists. These Lists will be valid for an initial period not exceeding 12 months and may be extended for further period of time (not to exceed 12 months) subject to the prior approval of both Competent Security Authorities. They should be submitted in accordance with the normal procedures of the host Contracting Party's NSA/DSA. Once a list has been approved, visit arrangements may be made direct between the establishments or companies involved in respect of listed individuals.

8.6. Any information which may be provided to visiting personnel or which may come to the notice of visiting personnel, will be treated by them as if such information had been furnished pursuant to the provisions of this Arrangement.

ARTICLE 9 CONTRACTS

9.1. When proposing to place, or authorizing a Contractor based in its state territory to place, a Contract involving Classified Information with a Contractor in the country of the other Contracting Party, the respective Contracting Party will obtain prior assurance from the NSA/DSA of the other Contracting Party that the proposed Contractor is security cleared to the appropriate level and also has suitable security safeguards to provide adequate protection for Classified Information. The assurance will carry a responsibility that the security conduct by the cleared Contractor will be in accordance with the national laws and regulations on protection of Classified Information and monitored by his NSA/DSA.

9.2. Contracts placed following the pre-contract enquiries specified at paragraph

9.1 will contain a security requirement clause incorporating at least the following provisions:

9.2.1. The definition of the term «Classified Information* and of the equivalent levels of security classification of the

two Contracting Parties in accordance with the provisions of the present Arrangement.

9.2.2. The names of each Contracting Party's NSA/DSA empowered to authorize the release and to co-ordinate the safeguarding of Classified Information related to the Contract.

9.2.3. The channels to be used for the transfer of the Classified Information between the Contracting Parties' NSA/DSA and/or Contractors involved.

9.2.4. The procedures and mechanisms for communicating the changes that may arise in respect of Classified Information either because of changes in its security classification or because protection is no longer necessary.

9.2.5. The procedures for the approval of visits, access or inspection by personnel of one Contracting Party to companies of the other Contracting Party which are covered by the Contract.

9.2.6. A Statement that the Contractor will disclose the Classified Information only to a person who has previously been cleared for access, who needs to know, and is employed on, or engaged in, the carrying out of the Contract.

9.2.7. A Statement that the Contractor will not disclose the Classified Information or permit it to be disclosed to any person not expressly cleared by his NSA/DSA to have such access.

9.2.8. A Statement that the Contractor will immediately notify his NSA/DSA of any actual or suspected loss, leak or compromise of the Classified Information of the Contract.

9.3. The Originating Contracting Party's NSA/DSA will pass two copies of the relevant parts of the Classified Contract to the Recipient Contracting Party's NSA/DSA, to allow adequate security monitoring.

9.4. Each contract will contain guidance on the security requirements and on the classification of each aspect/element of the Contract.

In the Hellenic Republic this guidance will be set out in a Security Requirements Check List.

In Romania the guidance will be contained in specific security clauses and in a Security Aspects Letter (SAL).

The guidance must identify each classified aspect of the Contract, or any classified aspect, which is to be generated by the contract, and allocate to it a specific security classification. Changes in the requirements or to the aspects/elements will be notified as and when necessary and the Originating Contracting Party will notify the Recipient Contracting Party when all the information has been declassified.

ARTICLE 10

RECIPROCAL INDUSTRIAL SECURITY ARRANGEMENTS

10.1. Each Contracting Party's NSA/DSA will notify the security status of a Contractor located in its state territory when requested by the other Contracting Party's NSA/DSA. Each Contracting Party's NSA/DSA will also notify the security clearance status of one of its individuals belonging to the Contractor Personnel when so requested. These notifications will be known as Facility Security Clearance Information Sheet (FIS) and Personnel Security Clearance Information Sheet (PIS) respectively.

10.2. When requested the NSA/DSA will establish the security clearance status of the Contractor/individual which is the subject of the enquiry and forward a Security Clearance Information Sheet if the Contractor/individual is already cleared. If the Contractor/individual does not have a security clearance, or the clearance is at a lower security level than that which has been requested, a Facility/Personnel Security Clearance Information Sheet will be also sent.

Following successful enquiries a Security Clearance Information Sheet will be provided which will then permit a reciprocal security clearance to be issued.

10.3. A Contractor which is deemed by the NSA/DSA, in the country in which it is registered, to be under the ownership, control or influence of a third party whose aims are not compatible with those of the host Contracting Party's state is not eligible for a Facility Security Clearance and the requesting NSA/DSA will be notified.

10.4. If either NSA/DSA learns of any derogatory information about an individual for whom a Personnel Security Clearance Information Sheet has been issued, it will notify the other NSA/DSA of the nature of the information and the action it intends to take, or has taken. Either NSA/DSA may request a review of any Personnel Security Clearance Information Sheet, which has been furnished earlier by the other NSA/DSA, provided that the request is accompanied by a reason. The requesting NSA/DSA will be notified of the results of the review and any subsequent action.

10.5. If information becomes available which raises doubts about the suitability of a reciprocally cleared Contractor to continue to have access to Classified Information in the other country then details of this information will be promptly notified to the NSA/DSA to allow an investigation to be carried out.

10.6. If either NSA/DSA suspends or takes action to revoke a reciprocal personnel security clearance, or suspends or takes action to revoke access which is granted to a national of the other country based upon a security clearance, the other Contracting Party's NSA/DSA will be notified and given reasons for such decision taken.

10.7. Each NSA/DSA may request the other to review any Facility Security Clearance Information Sheet, provided that their request is accompanied by the reason for seeking the review. Following the review, the requesting NSA/DSA will be notified of the results and will be provided with facts supporting any decision taken.

10.8. If required by the other Contracting Party each NSA/DSA will co-operate in reviews and investigations concerning Security Clearances.

ARTICLE 11 LOSS OR COMPROMISE

11.1. In the event of a security infringement involving loss of classified material or suspicion that Classified Information has been disclosed to unauthorized persons, the NSA/DSA of the Recipient Contracting Party will immediately inform the Originating Contracting Party's NSA/DSA.

11.2. An immediate investigation will be carried out by the Recipient Contracting Party's NSA/DSA, with the assistance from the Originating Contracting Party's NSA/DSA, if required, in accordance with the national laws and regulations applicable in that state on protection of Classified Information. The Recipient Contracting Party will inform the NSA/DSA of the Originating Contracting Party about the circumstances, measures adopted and outcome of the investigation as soon as is practicable.

ARTICLE 12 COSTS

Each Contracting Party shall cover its own expenses pursuant to the implementation of this Arrangement

ARTICLE 13 DISPUTES

Any dispute regarding the interpretation or application of this Arrangement will be resolved by consultation between the Contracting Parties and will not be referred to any national or international tribunal or third party for settlement.

ARTICLE 14 FINAL PROVISIONS

14.1. The present Arrangement shall come into effect on the date of receiving of the last notification by which the Contracting Parties notify each other, in written form through diplomatic channels, that the requirements of the national legislation for its entry into force have been completed.

14.2. The present Arrangement may be amended any time in writing, by the Contracting Parties. All amendments shall be integral parts of the Arrangement and shall come into force according to the provisions of the prior paragraph.

14.3. The present Arrangement is concluded for an unlimited period of time. The present Arrangement will remain in force until denounced by either Contracting Party giving to the other six months prior written notice of denunciation. Both Contracting Parties will remain responsible after denunciation or termination for the safeguarding of all Classified Information exchanged under the provisions of the present Arrangement.

14.4 Similarly, any Classified Information which is exchanged under the present Arrangement will be also safeguarded, even though its transfer may occur following notice by either of the Contracting Parties to denounce it.

14.5. In the event of denunciation, solutions to any outstanding problems will be sought by consultation between the two Contracting Parties.

14.6. This GSA does not cover the exchange of Nuclear, Biological or Chemical (NBC) information related to equipment commonly referred to as Weapons of Mass Destruction (WMD).

Signed in Bucharest, on 13th June 2003, in two original copies, each one in the English, Hellenic and Romanian languages, all texts being equally authentic. In case of differences between the texts the English version will prevail. FOR THE MINISTRY OF FOR THE MINISTRY OF NATIONAL DEFENSE OF NATIONAL DEFENSE THE HELLENIC REPUBLIC OF ROMANIA

Major General Lieutenant General

loannis Giamalakis Gheorghe Rotaru

Director B' Branch General Director/General

Hellenic National Defense Department of Defence General Staff Intelligence

Άρθρο δεύτερο

Η ισχύς του παρόντος νόμου αρχίζει από τη δημοσίευ-σή του στην Εφημερίδα της Κυβερνήσεως και της Συμφωνίας που κυρώνεται από την πλήρωση των προϋποθέσεων του άρθρου 14 παρ. 1 αυτής.

Παραγγέλλομε τη δημοσίευση του παρόντος στην Εφημερίδα της Κυβερνήσεως και την εκτέλεσή του ως νόμου του Κράτους.

Αθήνα, 21 Ιουνίου 2005

Ο ΠΡΟΕΔΡΟΣ ΤΗΣ ΔΗΜΟΚΡΑΤΙΑΣ

ΚΑΡΟΛΟΣ ΓΡ. ΠΑΠΟΥΛΙΑΣ

ΟΙ ΥΠΟΥΡΓΟΙ ΟΙΚΟΝΟΜΙΑΣ ΕΞΩΤΕΡΙΚΩΝ ΚΑΙ ΟΙΚΟΝΟΜΙΚΩΝ

γ. αλογοσκουφησ π. μολυβιατησ

ΕΘΝΙΚΗΣ ΑΜΥΝΑΣ

σπ. σπηλιωτοπουλοσ

Θεωρήθηκε και τέθηκε η Μεγάλη Σφραγίδα του Κράτους. Αθήνα, 23 Ιουνίου 2005

Ο ΕΠΙ ΤΗΣ ΔΙΚΑΙΟΣΥΝΗΣ ΥΠΟΥΡΓΟΣ

α. παπαληγουρασ

απο το εθνικο τυπογραφειο