Law of Ukraine
“On Ratification of the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Hellenic Republic on Mutual Protection of Secret Information in the Sphere of Defense”
Date of entry into force:
November 19, 2012
The Agreement between the Cabinet of Ministers of Ukraine and the Government of the Hellenic Republic on Mutual Protection of Secret Information in the Sphere of Defense (hereinafter referred to as “Agreement”) was signed on October 6, 2011 in the Athens.
The Law ratifies the Agreement.
Article 1 of the Agreement provides definitions of terms used in it. For example, “secret information in the sphere of defense” (hereinafter referred to as “secret information”) means any secret unit, which may be a verbal or written notice of secret nature, or digital or electronic (technical) transmission of a secret notice, or secret materials concerning the military or military technical sphere.
Comparison of the secrecy grades is provided for by Article 2 of the Agreement.
According to Article 3 of the Agreement, access to secret information is limited to those persons that require such access because of the nature of their service, and that possess an access authorization to a respective information secrecy grade, issued by the authorized body (competent security authority) of their state, as per respective national legislation. The source Party ensures that the receiving Party is informed about:
- the information secrecy grade, any conditions for its transfer, restrictions for its use, and of the fact that the documents are marked as such;
- any further changes in the secrecy grade.
The receiving Party shall:
- according to its national legislation, ensure the same level of protection of secret information as ensured by the source Party;
- ensure that secret information is marked by the appropriate secrecy grade according to Article 2 of the Agreement;
- ensure that secrecy grades remain unchanged, except by written consent of the source Party.
In order to ensure and maintain comparable security standards, each authorized body, on request, supplies the other authorized body with information about the former’s safety standards, and the procedures and practices of secret information security, facilitated by the competent security authorities. The authorized body for Ukraine is the Security Service of Ukraine. The authorized body for the Hellenic Republic is the General Directorate for Defense, Investment and Armaments Secretariat. The competent security authority for Ukraine is the Security Service of Ukraine. The competent security authority for the Hellenic Republic is the Counter-Intelligence and Security Division, Military Intelligence Joint Directorate of the Hellenic National Defense General Staff.
Unless the source Party provided written consent, the receiving Party shall not disclose or use any secret information, or permit its disclosure or use, except for the purposes and within any restrictions established by the source Party or on its behalf. The receiving Party shall not transfer any secret information provided under the Agreement to any third Party, and shall not disclose any secret information without a prior written consent of the source Party. Secret information is transmitted between the two states according to the national legislation of the source Party. The usual route is the official intergovernmental channels. In emergency situations, other arrangements may be reached, by mutual consent (Article 4 of the Agreement).
According to Article 5 of the Agreement, experts in the issues of security from the authorized (competent) security authorities shall make periodic visits to each other, to discuss the procedures and ensure fulfillment of the Agreement. Prior approval of the authorized (competent) security authorities of the receiving state is necessary for visitors, including those dispatched from another country, in cases when they require access to secret information, or to the premises of defense institutions or organizations where secret work is carried out. Requests for such visits are submitted through appropriate embassies.
Article 6 of the Agreement envisages that in case of violation of security rules resulting in the loss of secret material, or in a suspicion that secret information has been disclosed to unauthorized persons, the authorized body of the receiving Party shall immediately inform the authorized body of the source Party. The receiving Party (assisted by the source Party if necessary) shall immediately hold an investigation according to the current national legislation of its state in the sphere of protection of secret information. The receiving Party shall promptly inform the source Party about the circumstances, measures taken, and the results of investigation.
Each Party is indemnified against the claims against the other Party related to compensation of damages related to the execution of the Agreement (Article 7 of the Agreement).
The Law aims to provide legislative support of the Parties’ mutual protection of secret information that will be transferred or created in the course of cooperation between Ukraine and Greece.