REPUBLIC OF LITHUANIA
LAW ON
State Secrets and Official Secrets
1999 November 25 No VIII-1443
(As last amended on 17 October 2012 – No XI-2295)
Vilnius
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose of the Law
1. This Law shall regulate the basic principles of and procedure for classifying, storing, using, declassifying of the information comprising a state or official secret, co-ordinating and controlling protection actions and set minimum requirements for separate fields of protection of classified information (personnel security, administration of classified information, physical security, security of classified contracts, protection of automated data processing systems and networks).
2. The classified information of foreign states, the European Union or international organisations released to the Republic of Lithuania shall be stored and used in accordance with the procedure laid down by international treaties of the Republic of Lithuania, decisions of international organisations based on these treaties and implementing them, legal acts of the European Union and this Law. In the cases when international treaties of the Republic of Lithuania and/or decisions of international organisations based on the treaties and/or implementing them and legal acts of the European Union set other requirements for the storage and use of classified information of foreign states or international organisations than specified in this Law, the provisions of the international treaties and/or decisions of international organisations based on the treaties and/or implementing them and legal acts of the European Union shall apply.
Article 2. Definitions
1. Classified information shall mean the information recognised by an entity of secrets a state or official secret and related to the existence, essence or contents of documents, works, products or other objects and the documents, works, products or other objects recognised a state or official secret.
2. State secret shall mean the political, military, intelligence, counterintelligence, law enforcement, scientific and technical information classified in accordance with the procedure laid down by this Law, a loss or compromise of which may present a threat to the sovereignty, territorial integrity and defence power of the Republic of Lithuania, cause prejudice to state interests and pose a hazard to the human life. The list of categories of state secrets shall be determined by this Law.
Version of paragraph 2 valid as of 1 January 2013:
2. State secret shall mean the political, military, intelligence, law enforcement, scientific, technical and other information classified in accordance with the procedure laid down by this Law, a loss or compromise of which may present a threat to the sovereignty, territorial integrity and defence power of the Republic of Lithuania, cause prejudice to state interests and pose a hazard to the human life. The list of categories of state secrets shall be determined by this Law.
3. Official secret secret Official secret shall mean the political, military, economic, law enforcement, educational, scientific and technical information classified in accordance with the procedure laid down by this Law, a loss or compromise of which may inflict damage upon interests of the State or institutions thereof or create preconditions for a compromise of the information comprising a state secret and pose a hazard to human health. The list of categories of official secrets shall be determined by this Law.
Version of paragraph 3 valid as of 1 January 2013:
3. Official secret shall mean the political, military, intelligence, economic, law enforcement, educational, scientific, technical and other information classified in accordance with the procedure laid down by this Law, a loss or compromise of which may inflict damage upon interests of the State or institutions thereof or create preconditions for a compromise of the information comprising a state secret and pose a hazard to human health. The list of categories of official secrets shall be determined by this Law.
4. Classified document shall mean the recorded information recognised as a state secret or an official secret, regardless of the means of its recording and information-carrying media (graphic works performed by various means: hand-written, published in a printing house, typed, computer-written, painted or drawn; video or audio recordings, computer files, film and photo negatives, positives or other information arrays), also copies of such information-carrying media made in any manner or by any means.
5. Classified products shall mean a variety of installations, systems, weapons, military, computer and other technical equipment, complexes, aggregates, devices, software and chemical products recognised as a state secret or an official secret.
6. Classified works shall mean scientific, research, testing, design, technical maintenance works and technological processes recognised as a state secret or an official secret.
7. Other classified objects shall mean materials, liquids, gases, minerals, biological and other forms of matter which have been recognised a state or official secret and which, according to their properties or nature, cannot be ascribed to the concept of a document, products or works.
8. Entities of secrets shall mean the state and municipal institutions the activities of which are related to the classification and declassification of information, the use and/or protection of classified information, the agencies assigned to the sphere of regulation of such institutions, the undertakings whereto these institutions have granted the status of an entity of secrets upon co-ordination with the Commission for Secrets Protection Co-ordination.
9. Originator of classified information shall mean an entity of secrets that has prepared and classified information in accordance with the procedure laid down by this Law or the successor to rights thereof. An entity of secrets, except for a successor to the rights of the entity of secrets that has prepared and classified information, which has at his disposal or uses in his activities the information obtained in any manner, being of any nature and origin and prepared, classified and communicated thereto by another entity of secrets shall not be considered as the originator of classified information.
10. Recipient of classified information shall mean an entity of secrets or structural division thereof, a person, contractor/sub-contractor that has obtained, in accordance with the procedure laid down by legal acts, the classified information prepared by another entity of secrets.
11. Classification of information shall mean the assignment of data to a state or official secret, application of an appropriate classification, laying down of a time period for classification and establishing required protection.
12. Declassification of classified information shall mean cancellation of a classification applied to data and established protection.
13. Protection of classified information shall mean application of protection measures and procedures against a loss or compromise of classified information.
14. Personnel security shall mean the procedures which have been laid down for screening candidacies of the persons applying for authorisations to handle or familiarise with classified information or for security clearances and which allow to decide whether a person may be entrusted with classified information and the control and periodic instruction of a person holding an authorisation to handle or familiarise with classified information or a security clearance on requirements for the protection of classified information and statutory liability for violation thereof.
15. Authorisation to handle or familiarise with classified information shall mean a document issued in accordance with the procedure laid down by this Law and confirming a person’s right to handle or familiarise with the Republic of Lithuania information classified “Top Secret“, “Secret”, “Confidential” or to store or transport such information.
16. Security clearance shall mean a document issued in accordance with the procedure laid down by this Law and confirming a person’s right to handle or familiarise with the classified information released by foreign states or international organisations and classified “Top Secret“, “Secret”, “Confidential” or to store or transport such information.
17. Consent for screening shall mean a written consent of a person applying for an authorisation to handle or familiarise with classified information or for a security clearance whereby authorised institutions are granted the right to collect and obtain data on him and his contacts and the surroundings which influence the assessment of the person’s security and loyalty to the State of Lithuania.
18. Pledge to protect classified information shall mean a written commitment of a person holding an authorisation to handle or familiarise with classified information or a security clearance to protect the classified information entrusted or made known to him.
19. Physical protection shall mean the totality of the physical, mechanical, electronic and procedural security measures and methods ensuring the protection of the territories and premises in which classified information is handled or is stored against unauthorised access thereto and the protection of the classified information stored therein against seizure, other unauthorised acquisition, compromise and loss. It shall be applied by taking account of classifications of protected information, importance, volume of the information and assignment of such territories, premises or workstations to an appropriate security area.
20. Security area shall mean an established protected territory or premises intended for handling classified information and protection thereof.
21. Administration of classified information shall mean procedures for preparing, formalising, registering, sending, transporting, receiving, reproducing, protecting, destroying and accounting of the classified information which has been assigned different classifications.
22. Subject to a consent of the originator of information shall mean a reference denoting that a classified document may not be reproduced or distributed without a consent of the originator of classified information.
23. Protection of automated data processing systems and networks (hereinafter: ‘ADP systems and networks’) shall mean the totality of the mechanical, software, procedural and electronic security measures ensuring the confidentiality of the classified information stored, processed and transmitted in ADP systems and networks, availability to authorised information users and the integrity and authenticity of such information.
24. Classified contract shall mean an agreement concluded between an entity of secrets and a contractor on the procurement of products, services or works, whose conclusion or execution will require access to classified information or which will lead to entrusting, use or creation of such information.
25. Security of classified contracts shall mean the application of classified information security measures and procedures in the course of the conclusion and execution of classified contracts.
26. Contractor shall mean any economic entity, whether a natural person, a private legal person, a public legal person, other organisations and divisions thereof or a group of such persons, eligible to offer or offering products, services or works wherewith an entity of secrets is planning to conclude or has concluded a classified contract.
27. Sub-contractor shall mean a third party employed by the contractor for the implementation of part of a classified contract.
28. Facility security clearance shall mean a document issued in accordance with the procedure laid down by this Law and confirming that a contractor/sub-contractor complies with classified information protection requirements.
29. Institutions ensuring the security of classified contracts shall mean the institutions implementing requirements for the security of classified contracts and exercising control prior to signing a classified contract and in the course of execution thereof.
30. Consent of the contractor/sub-contractor for screening shall mean a written consent of the contractor/sub-contractor that needs to obtain a facility security clearance whereby the institutions ensuring the security of classified contracts are granted the right to collect and obtain data on the contractor/sub-contractor.
31. Classification guide shall mean a document drafted for the execution of specific classified contracts and specifying the classified information in use or planned to be created, establishing classifications of this information, time periods for classification and conditions of changing of the classifications or declassification of information.
32. Employee shall mean a civil servant or a person employed under an employment contract or a serviceman.
33. Responsible person shall mean a separate structural division/divisions of an entity of secrets designated by a decision of the head of the entity of secrets or a person authorised by him, an employee or an employee appointed by a decision of the head of the contractor/sub-contractor to organise and implement the administration, protection and control of the classified information held by the entity of secrets or the contractor/sub-contractor.
34. ADP systems and networks shall mean the body of the infrastructure comprising one or several computers, computer peripheral equipment and software and operating on the basis of information technologies, the purpose of which is to perform the functions of automated processing and storage of classified information, and electronic communications networks transmitting classified information (with the exception of public electronic communications networks).
35. Departmental security accreditation authority shall mean a structural division of an entity of secrets appointed or established by a decision of the head of the entity of secrets or a person authorised by him in accordance with the procedure laid down by legal acts and performing the functions of control of security of ADP systems and networks and issuance of authorisations for automated processing and transmission of classified information using the ADP systems and networks of the entity of secrets, the contractor/sub-contractor thereof.
36. User of classified information shall mean an employee of an entity of secrets, the contractor/sub-contractor authorised to handle or familiarise with classified information in accordance with the procedure laid down by legal acts.
37. Authorisation of a contractor/sub-contractor to handle or familiarise with classified information shall mean a document issued to a self-employed natural person engaged in farming activities in accordance with the procedure laid down by this Law and confirming the person’s right to handle or familiarise with classified information and store such information and authorising to conclude classified transactions.
Article 3. Basic Principles of Organisation of the Protection of Classified Information
1. Information must be classified and declassified in conformity with the principles of lawfulness, validity and timeliness.
2. Information must be classified where it corresponds to at least one of the categories of information referred to in Article 7 of this Law and where disclosure or loss thereof is likely to pose a threat to interests of the State or institutions thereof, human life or legal interests of society.
3. A classification applied to information and the level of protection established for such information must be commensurate with the importance of classified information and the amount of the prejudice likely to be caused upon a compromise or loss of such information.
4. An entity of secrets that has classified information must ensure that the classified information, upon the cessation of necessity for classification or where the previously established level of protection of information, according to its importance, is not required any longer, is immediately declassified or such information is downgraded and the entities of secrets whereto such information has been released are notified thereof.
5. Classified information must, at all stages of administration thereof, be afforded required protection throughout the time period for classification thereof.
6. Classified information must be entrusted in strict compliance with the need-to-know principle. The need-to-know principle shall mean that classified information may be entrusted only to the persons holding appropriate authorisations to handle or familiarise with classified information and needing, in discharge of their official duties, to familiarise with classified information. A person may be entrusted with classified information of the volume required for the discharge of his duties.
7. In order to safeguard classified information, requirements for all areas of the protection of classified information (personnel security, administration of classified information, physical security, security of classified contracts, protection of ADP systems and networks) must be applied in the aggregate.
8. All breaches of requirements for the protection of classified information which may result or have resulted in a loss or compromise of classified information must be immediately reported to the head of an entity of secrets, and the latter must take appropriate measures to prevent further disclosure or loss of classified information and to minimise the adverse effects and immediately notify thereof authorised institutions. The institutions must, in accordance with the established procedure, conduct an enquiry to establish the facts of the breaches of requirements for the protection of classified information and to prosecute the persons liable therefor.
Article 4. Right of Ownership of Classified Information, Release of Classified Information to Foreign States and International Organisations
1. Classified information, except for the information considered a secret of foreign states or international organisations, shall be the property of the Republic of Lithuania.
2. When acquiring into the ownership of the State the information which, according to its nature and importance, should be classified, but belongs by the right of ownership to a natural or legal person that is not an entity of secrets, he must be fairly recompensed. A decision on the acquisition of information into the ownership of the State shall be taken by the Government. The Republic of Lithuania Commission for Secrets Protection Co-ordination (hereinafter: ‘the Commission for Secrets Protection Co-ordination’) shall, upon the recommendation of entities of secrets, assess the validity of the acquisition of such information and determine a possible recompense to the holder of the information. Where the holder of the information agrees with the proposed recompense, the entity of secrets shall address the Government for a relevant decision thereon to be taken. Where the holder of the information does not agree with the proposed recompense, information shall be taken into the ownership of the State upon a decision of the Government by recompensing the holder of such information at the price established by the Commission for Secrets Protection Co-ordination. The holder of the information may appeal against such a decision of the Government to courts in accordance with the procedure laid down by laws.
3. The information comprising a state secret may be released only to the states or international organisations with which the Republic of Lithuania has signed agreements on the reciprocal protection of classified information. Such information may be released to the states or international organisations with which the Republic of Lithuania has not signed an agreement on the reciprocal protection of classified information by a decision of the Commission for Secrets Protection Co-ordination.
Article 5. Classification and Marking of Classified Information
1. Classified information shall be divided into top secret, secret, confidential and restricted information according to its importance, the amount of the prejudice likely to be caused to the State, institutions thereof or individuals upon a loss or disclosure of this information to unauthorised persons and the level of protection required to protect such information.
2. Classification “Top Secret” shall be applied to the information comprising a state secret, a loss or compromise of which may pose a threat to the sovereignty or territorial integrity of the Republic of Lithuania or cause exceptionally grave prejudice to state interests or pose a hazard to human life.
3. Classification “Secret” shall be applied to the information comprising a state secret, a loss or compromise of which may impair the defence capabilities of the State or cause prejudice to state interests or create preconditions for posing a hazard to human life or health.
4. Classification “Confidential” shall be applied to the information comprising an official secret, a loss or compromise of which may harm state interests or cause prejudice to activities of state institutions or create preconditions for a compromise of the information comprising a state secret.
5. Classification “Restricted” shall be applied to the information comprising an official secret, a loss or compromise of which may harm interests of state institutions.
6. Classifications, in decreasing order of importance, shall be the following:
Article 6. Classification of Information
1. Information shall be classified on the basis of the list of categories of information to be classified presented in Article 7 of this Law, detailed lists of information to be classified which have been drawn up by entities of secrets on the basis of the list and approved in accordance with the established procedure and the contents of specific information to be classified.
2. Classifications of information shall be applied or changed and the time periods for classification thereof shall be established by the entities of secrets which prepared the information in accordance with the procedure laid down by this Law.
Article 7. List of Categories of Information to be Classified
1. A state secret may comprise:
1) detailed data on the state military reserve and consolidated detailed data on the mobilisation reserve of material resources;
2) plans of activities of state and municipal institutions under the conditions of a state of emergency and war and mobilisation plans;
3) detailed data on the creation, use, production technologies, technical data of the technological protection means used for the protection of securities, documents, document forms, tax stamps, official markings, banknotes and coins against forgery;
4) detailed information on the use of technological processes for quality upgrading of armaments, military equipment and the technical means used in operational investigative activities;
5) detailed information on negotiations with foreign states or international organisations; the information related to the foreign states or international organisations, a loss or compromise of which may harm relations between the states, state interests or conclusion of treaties;
6) detailed information on the course, objects, contents and results of co-operation with the special services of foreign states or international organisations;
8) detailed data on cable lines of the networks intended for the transmission of classified information, on systems of launching installations, electricity supply and non-cryptographic protection and detailed schemes thereof;
9) data on combination settings, enciphering equipment intended for the enciphering of classified information or protection thereof and on related documents, organisation and carrying out of enciphering operations;
10) data on the equipment and functioning of the information systems processing classified information, the protection means applied thereto;
11) detailed data on the use of radio frequencies and call signs in the event of a war or state of emergency and the structure of telecommunications networks, communication schemes and the use of interconnectors and telecommunications networks for the purposes of state security and defence;
14) mobilisation plans of the deployment of the army and types thereof and other armed forces, a scheme for managing mobilisation notification and mobilisation deployment and information on actions of the army and other armed forces and on control of military units in the event of introduction of alert stages;
15) consolidated detailed data of a register handled by the Weaponry Fund of the Republic of Lithuania under the Ministry of the Interior of the Republic of Lithuania (hereinafter: ‘the Weaponry Fund’), where the owner, manager, user of a weapon is an institution of the national defence system, institution of the system of the Interior or the system of the State Security Department or entities of operational investigative activities;
16) the information likely to disclose the identity of covert participants in operational investigative activities;
17) detailed data on the record file data of covert participants in operational investigative activities who are insured with state social insurance and compulsory health insurance, on state social insurance and compulsory health insurance contributions, income tax contributions and on the data of property and income declarations of these persons and their family members;
18) detailed data on the organisation, course and results of the operational investigative activities carried out by the structural divisions of the State Security Department as well as the Second Investigation Department under the Ministry of National Defence which are engaged in intelligence or counter-intelligence, the use of measures and methods, financing thereof, provision with technical means of operational investigative activities, other logistical support, the information obtained in the course of operational investigative activities as well as analytical information making use of the information obtained in the course of operational investigative activities;
19) detailed data on the organisation, course and results of the operational investigative activities carried out by entities of operational investigative activities and covert participants in operational investigative activities, the use of measures and methods, financing thereof, logistical support, the information obtained by covert participants in operational investigative activities in the course of the operational investigative actions and the analytical information prepared on the basis thereof;
20) the information which has been voluntarily submitted by present or former employees of or the persons engaged in covert co-operation with of the special services of other states to entities of operational investigative activities;
21) the classified data of a pre-trial investigation or criminal case assisting in the identification of a witness or a victim;
22) the data likely to disclose the identity of the persons who have been granted statutory protection against criminal pressure as well as information on the income tax contributions of these persons, detailed information on the organisation of protection of the said persons and financing thereof;
24) the information related to covert intelligence staff members and the persons engaged in covert co-operation with intelligence services and the special guarantees applied thereto;
25) the information related to the legal persons ensuring operational investigative activities and providing favourable conditions therefor;
26) the analytical information prepared by institutions of national security and related to the assessment of external risks and threats;
27) data on the course of operations and composition of special mission military units of the national defence system;
Version of paragraph 1 valid as of 1 January 2013:
1. A state secret may comprise:
1) detailed data on the state military reserve and consolidated detailed data on the mobilisation reserve of material resources;
2) plans of activities of state and municipal institutions under the conditions of a state of emergency and war and mobilisation plans;
3) detailed data on the creation, use, production technologies, technical data of the technological protection means used for the protection of securities, documents, document forms, tax stamps, official markings, banknotes and coins against forgery;
4) detailed information on the use of technological processes for quality upgrading of armaments, military equipment and the technical means used in activities of criminal intelligence entities and intelligence institutions;
5) detailed information on negotiations with foreign states or international organisations; the information related to the foreign states or international organisations, a loss or compromise of which may harm relations between the states, state interests or conclusion of treaties;
6) detailed information on the course, objects, contents and results of co-operation with the special services of foreign states or international organisations;
8) detailed data on cable lines of the networks intended for the transmission of classified information, on systems of launching installations, electricity supply and non-cryptographic protection and detailed schemes thereof;
9) data on combination settings, enciphering equipment intended for the enciphering of classified information or protection thereof and on related documents, organisation and carrying out of enciphering operations;
10) data on the equipment and functioning of the information systems processing classified information, the protection means applied thereto;
11) detailed data on the use of radio frequencies and call signs in the event of a war or state of emergency and the structure of telecommunications networks, communication schemes and the use of interconnectors and telecommunications networks for the purposes of state security and defence;
14) mobilisation plans of the deployment of the army and types thereof and other armed forces, a scheme for managing mobilisation notification and mobilisation deployment and information on actions of the army and other armed forces and on control of military units in the event of introduction of alert stages;
15) consolidated detailed data of a register handled by the Weaponry Fund of the Republic of Lithuania under the Ministry of the Interior of the Republic of Lithuania (hereinafter: ‘the Weaponry Fund’), where the owner, manager, user of a weapon is an institution of the national defence system, institution of the system of the Interior or the system of the State Security Department or entities of operational investigative activities;
16) the information likely to disclose the identity of covert participants in criminal intelligence, intelligence officers and covert human intelligence sources;
17) detailed data on the record file data of covert participants in criminal intelligence and intelligence officers who are insured with state social insurance and compulsory health insurance, on state social insurance and compulsory health insurance contributions, income tax contributions and on the data of property and income declarations of these persons and their family members;
18) detailed data on intelligence tasks, organisation, course and results of activities of intelligence institutions, the use of methods, technical and other means and materials, financing and logistics support of intelligence institutions, also intelligence information;
19) detailed data on organisation, course and results of criminal intelligence and intelligence involving covert participants in criminal intelligence, classified intelligence officers and covert human intelligence sources, the use of means and methods, funding and logistics support thereof, the information obtained by the covert participants in criminal intelligence, classified intelligence officers and covert human intelligence sources in the course of criminal intelligence and intelligence and analytical information prepared on the basis thereof;
20) the information which has been voluntarily submitted by present or former employees of or the persons engaged in covert co-operation with of the special services of other states to criminal intelligence entities and intelligence activities;
21) the classified data of a pre-trial investigation or criminal case assisting in the identification of a witness or a victim;
22) the data likely to disclose the identity of the persons who have been granted statutory protection against criminal pressure as well as information on the income tax contributions of these persons, detailed information on the organisation of protection of the said persons and financing thereof;
24) the information related to covert intelligence officers and the persons engaged in covert co-operation with intelligence services and the special guarantees applied thereto;
25) the information related to the legal persons ensuring activities of criminal intelligence and intelligence institutions and providing favourable conditions therefor;
26) the analytical information prepared by institutions of national security and related to the assessment of external risks and threats;
27) data on the course of operations and composition of special mission military units of the national defence system;
2. An official secret may comprise:
1) detailed data on the organisation of protection of classified information, accounting and managing of such information;
2) detailed data on the procedure for and course of screening candidacies of the persons applying for an authorisation to handle or familiarise with classified information as well as the detailed data collected thereon in the course of the screening, where such data are not assigned to a state secret;
3) detailed plans of pre-trial investigation institutions on search for and detention of the persons who have committed, are suspected of or are charged with criminal acts as well as on the organisation of complex means and operations;
4) detailed data on the organisation of protection of protected persons of state institutions or structural divisions thereof and important state and military objects, the protection systems in use, documents of design, construction and repairs of such objects;
5) information on the co-operation of entities of operational investigative activities with municipal institutions, undertakings, agencies and organisations for the purposes of operational investigative activities;
6) consolidated detailed data on the logistical support, quantitative and composition of special mission units of the Lithuanian army and entities of operational investigative activities;
8) data on a record file managed by special mission units of the Lithuanian army and entities of operational investigative activities of their officers insured with state social insurance and data on the funds of the aforementioned entities allocated for the state social insurance contributions and income tax contributions of officers thereof;
10) detailed data on the provision of the Lithuanian army, institutions of the national defence system, institutions of the system of the Interior and entities of operational investigative activities with communication equipment and the procedure for using radio frequencies and call signs;
11) data on the inspection and verification of banks and other credit institutions, insurance undertakings, insurance brokers and the undertakings organising lotteries and gaming;
12) projects of fixing exchange rates of the national and base currency and data on the participants of the repurchase transactions executed by the Bank of Lithuania, parties to fixed-term deposits, participants of securities auctions of the Government and the Bank of Lithuania and their bids, liquidity loans;
13) information submitted in proposals of financial institutions on state borrowing in foreign and domestic capital markets and the application of financial derivatives;
14) consolidated detailed data on the organisation and implementation of guarding of the state border and related plans;
15) detailed plans of the organisational and technical development of the Lithuanian army, types thereof, other institutions of the national defence system and the armed forces;
16) consolidated detailed data on the provision of the Lithuanian army, other institutions of the national defence system and the armed forces, institutions of the system of the Interior, entities of operational investigative activities and the Weaponry Fund with weapons, firearms, explosives, combat equipment, special means as well as information on the provision of entities of operational investigative activities with the technical equipment of operational investigative activities;
17) detailed data on programmes and plans of production of weapons, firearms, explosives, combat equipment, special means, the technical equipment of operational investigative activities;
18) detailed data on funds of entities of operational investigative activities and expenditure on the carrying out of the operational investigative activities, and procurement of weapons, firearms, explosives, combat equipment, special means and the technical equipment of operational investigative activities;
19) detailed data on the weapons, firearms, explosives, combat equipment, special means, technical means of operational investigative activities of institutions of the national defence system, institutions of the system of the Interior, entities of operational investigative activities, the Prosecutor’s Office, the Bank of Lithuania, the Weaponry Fund as well as rules for storing and accounting of personal safety and active defence, radiation and chemical safety, special decontamination means and engineering equipment, distribution and organisation of protection thereof;
20) detailed data on the organisation and course of the operational investigative activities of entities of operational investigative activities, the use of measures and methods, tasks, operations, financing thereof, results, logistical support, the information obtained in the course of operational investigative actions, where this information is not assigned to state secrets, as well as the analytical information prepared by entities of operational investigative activities and making use of the information obtained in the course of operational investigative actions;
21) the Republic of Lithuania topographic maps specifying characteristics of strategic objects, characteristics and purpose of military and state border guard objects as well as military purpose maps;
24) information on conclusion of the contracts concerning privatisation of the undertakings referred to in paragraph 1 of Article 3 and paragraph 1 of Article 4 of the Law on Enterprises and Facilities of Strategic Importance to National Security and Other Enterprises Important in Ensuring National Security, where disclosure of such information would cause prejudice to state economic and political interests;
25) the information prepared by state institutions on the personal and professional characteristics of a candidate for the position of a diplomatic representative of the Republic of Lithuania which influence the taking of a decision on his appointment;
Version of paragraph 2 valid as of 1 January 2013:
2. An official secret may comprise:
1) detailed data on the organisation of protection of classified information, accounting and managing of such information;
2) detailed data on the procedure for and course of screening candidacies of the persons applying for an authorisation to handle or familiarise with classified information as well as the detailed data collected thereon in the course of the screening, where such data are not assigned to a state secret;
3) detailed plans of pre-trial investigation institutions on search for and detention of the persons who have committed, are suspected of or are charged with criminal acts as well as on the organisation of complex means and operations;
4) detailed data on the organisation of protection of protected persons of state institutions or structural divisions thereof and important state and military objects, the protection systems in use, documents of design, construction and repairs of such objects;
5) information on interoperability between entities of criminal intelligence and intelligence institutions and municipal institutions, undertakings, agencies and organisations for the purposes of criminal intelligence and intelligence;
6) consolidated detailed data on the logistics support, quantitative and composition of special mission units of the Lithuanian army, entities of criminal intelligence and intelligence institutions;
8) data on a record file managed by special mission units of the Lithuanian army, entities of criminal intelligence and intelligence institutions of their officers insured with state social insurance and data on the funds of the aforementioned entities allocated for the state social insurance contributions and income tax contributions of officers thereof;
10) detailed data on the provision of the Lithuanian army, institutions of the national defence system, institutions of the system of the Interior, entities of criminal intelligence and intelligence institutions with communication equipment and the procedure for using radio frequencies and call signs;
11) data on the inspection and verification of banks and other credit institutions, insurance undertakings, insurance brokers and the undertakings organising lotteries and gaming;
12) projects of fixing exchange rates of the national and base currency and data on the participants of the repurchase transactions executed by the Bank of Lithuania, parties to fixed-term deposits, participants of securities auctions of the Government and the Bank of Lithuania and their bids, liquidity loans;
13) information submitted in proposals of financial institutions on state borrowing in foreign and domestic capital markets and the application of financial derivatives;
14) consolidated detailed data on the organisation and implementation of guarding of the state border and related plans;
15) detailed plans of the organisational and technical development of the Lithuanian army, types thereof, other institutions of the national defence system and the armed forces;
16) consolidated detailed data on the provision of the Lithuanian army, other institutions of the national defence system and the armed forces, institutions of the system of the Interior, entities of criminal intelligence, intelligence institutions and the Weaponry Fund with weapons, firearms, explosives, combat equipment, special means and information on the provision of the entities of criminal intelligence with the technical means of criminal intelligence, provision of the intelligence institutions with the technical means intended for activities of the criminal institutions;
17) detailed data on programmes and plans of production of weapons, firearms, explosives, combat equipment, special means, and the technical means intended for activities of entities of criminal intelligence and intelligence institutions;
18) detailed data on funds of entities of criminal intelligence and intelligence institutions and expenditure for criminal intelligence and intelligence and for procurement of weapons, firearms, explosives, combat equipment, special means and technical means of operational activities;
19) detailed data on the weapons, firearms, explosives, combat equipment, special means and technical means of criminal intelligence available to institutions of the national defence system, institutions of the system of the Interior, entities of criminal intelligence, the Prosecutor’s Office, the Bank of Lithuania, and the Weaponry Fund and technical means intended for activities of intelligence institutions, also rules for storing and accounting of personal safety and active defence, radiation and chemical safety, special decontamination means and engineering equipment, distribution and organisation of protection thereof;
20) detailed data on organisation and course of criminal intelligence and intelligence of entities of criminal intelligence and intelligence institutions, the use of means and methods, operations, financing, results and logistics support thereof, the information obtained in the course of criminal intelligence, where such information does not constitute a state secret, also analytical information prepared by entities of criminal intelligence and intelligence institutions and using the information obtained in the course of criminal intelligence and intelligence;
21) the Republic of Lithuania topographic maps specifying characteristics of strategic objects, characteristics and purpose of military and state border guard objects and military purpose maps;
24) information on conclusion of the contracts concerning privatisation of the undertakings referred to in paragraph 1 of Article 3 and paragraph 1 of Article 4 of the Law on Enterprises and Facilities of Strategic Importance to National Security and Other Enterprises Important in Ensuring National Security, where disclosure of such information would cause prejudice to state economic and political interests;
25) the information prepared by state institutions on the personal and professional characteristics of a candidate for the position of a diplomatic representative of the Republic of Lithuania which influence the taking of a decision on his appointment;
27) information on cooperation of intelligence institutions with legal and natural persons of the Republic of Lithuania, also with foreign intelligence and security institutions and international organisations, where such information does not constitute a state secret;
28) detailed data on the funds of intelligence institutions and expenses for activities of intelligence institutions and for procurement of weapons, ammunition, explosives, combat equipment, technical systems, other means and materials;
29) detailed data on organisation and course of activities of intelligence institutions, the use of methods, technical systems, means and materials, intelligence tasks, operations, financing, results and logistics support thereof, intelligence information, where such information does not constitute a state secret.
3. The classified information referred to in paragraph 1 of this Article may be classified as an official secret by a decision of the originator of information, where according to its contents and the amount of the prejudice likely to be caused to the State upon a compromise or loss thereof, such information does not require a higher classification.
4. Entities of secrets shall, on the basis of the list of categories of classified information, draw up detailed lists of the classified information related to their activities. The detailed lists of classified information must provide for classifications of classified information, time periods for classification or conditions of declassification of such information. The detailed lists of the classified information shall be approved and amended by heads of entities of secrets upon agreement with the Commission for Secrets Protection Co-ordination.
Article 8. Time Periods for Classification
1. Information shall be classified for the following time periods:
2. The classified information whose disclosure may create preconditions for posing a hazard to human life or health shall be classified for a time period of 75 years.
3. The time period for classification of information shall start from the date of registration of classified information or its inclusion in records.
4. In the cases where it is expedient to classify information for a shorter period for classification than the one specified in paragraph 1 of this Article, the period for classification shall be entered next to the classification.
5. In the cases where classification of information is expedient only until a certain event upon taking place whereof classification of information ceases to be relevant, a specific event or other conditions of declassification of the information shall be specified next to the classification.
6. In the cases where a specific time period for classification cannot be established, although it is known that it is inexpedient to keep information classified during the whole period of classification as established by law or to automatically declassify it upon the expiry of the time period for classification as laid down by law or it is known that the classification of the classified information is going to be changed, the reference “ISS” (“declassified by a decision of an entity”) shall be entered next to the classification by a decision of the originator of information.
7. In the cases where the time period for classification of the information comprising a state secret must be longer than the one referred to in points 1 and 2 of paragraph 1 of this Article, a decision on the issue shall be taken and the time period for classification shall be extended by the Commission for Secrets Protection Co-ordination upon recommendation of an entity of secrets. The time period for classification may be extended for up to 10 years. The number of extensions shall not be restricted.
8. In the cases where the time period for classification of the information comprising an official secret must be longer than the one referred to in points 3 and 4 of paragraph 1 of this Article, a decision on the issue shall be taken and the time period for classification shall be extended by the originator of the classified information. The time period for classification may be extended for up to 5 years. The number of extensions shall not be restricted.
Article 9. Change of Classifications of Classified Information and Time Periods for Classification
1. The originator of classified information shall have the right, in accordance with the procedure laid down by this Law, to change the affixed classification and the established time period for classification of the information. All entities of secrets whereto the classified information has been passed shall be given written notice of such changes.
2. Where in performing his functions, the recipient of classified information needs to change an assigned classification or a time period for classification, he must, by submitting a justified request, address the originator of classified information. The recipient of classified information may change the assigned classification and the time period for classification only with a written consent of the originator of the information.
Article 10. Declassification of Classified Information
1. Classified information shall be declassified where:
2. Where the established time period for classification has not expired yet, classified information may be declassified only by a decision of the originator of classified information.
3. Upon the expiry of the established time period for classification, the information classified “Top Secret”, “Secret” and “Confidential” shall be declassified only by a decision of the originator of the classified information. Upon the expiry of the established time period for classification, the information classified “Restricted” shall be considered declassified without taking a separate decision, where the information has not be assigned an additional reference and the originator of the information has not notified of the extension of the time period for classification of the information.
CHAPTER THREE
COMPETENCE AND POWERS OF STATE INSTITUTIONS IN THE FIELD OF PROTECTION OF CLASSIFIED INFORMATION, RESPONSIBILITY OF INSTITUTIONS AND PERSONS FOR IMPLEMENTATION OF ACTIONS OF THE PROTECTION OF CLASSIFIED INFORMATION
Article 11. Co-ordination of the Protection of Classified Information
1. Actions of the protection of the Republic of Lithuania information classified “Top Secret”, “Secret”, “Confidential” and implementation at institutions of the Republic of Lithuania of actions of the protection of the classified information released by foreign states, the European Union or international organisations to the Republic of Lithuania or the classified information prepared by joint actions of foreign states, the European Union or international organisations and the institutions of the Republic of Lithuania shall be co-ordinated by a collegial institution – the Commission for Secrets Protection Co-ordination. Regulations of the Commission for Secrets Protection Co-ordination shall be approved by the Government. The Commission for Secrets Protection Co-ordination shall have its blank and seal.
2. The Commission for Secrets Protection Co-ordination shall consist of six members – the President of the Republic, the Chairman of the Seimas, the Prime Minister shall each delegate two members. A citizen of the Republic of Lithuania who has service or work experience in the field of implementation of the policy of protection of classified information and who conforms to the requirements set forth by legal acts for the issuance of an authorisation to handle or familiarise with the information classified “Top Secret” and a security clearance granting the right to familiarise with the classified information released by foreign states, the European Union or international organisations and assigned a classification equivalent to “Top Secret” may be appointed to members of the Commission for Secrets Protection Co-ordination. The chairperson of the Commission for Secrets Protection Co-ordination shall be appointed by the Prime Minister from among the appointed members of the Commission. The deputy chairperson of the Commission for Secrets Protection Co-ordination shall be elected by members of the Commission.
3. A structural division of the State Security Department which carries out and exercises control over the actions of protection of classified information shall perform functions of the Secretariat of the Commission for Secrets Protection Co-ordination, and the head of this division shall be appointed Secretary of the Commission for Secrets Protection Co-ordination. Only the persons who have obtained, in accordance with the procedure laid down by this Law, an authorisation to handle and familiarise with the information classified “Top Secret” as well as a security clearance granting the right to familiarise with the classified information released by foreign states, the European Union or international organisation and assigned a classification equivalent to “Top Secret” may be Secretary and staff of the Secretariat of the Commission for Secrets Protection Co-ordination. The Secretariat of the Commission for Secrets Protection Co-ordination shall prepare material for sittings of the Commission for Secrets Protection Co-ordination, implement the decisions taken by the Commission for Secrets Protection Co-ordination on the instruction of this Commission and control the implementation of these decisions by entities of secrets, contractors/sub-contractors.
4. The Commission for Secrets Protection Co-ordination shall perform the following functions:
1) co-ordinate the implementation of provisions of the Republic of Lithuania international treaties on reciprocal protection of classified information, where necessary, initiate the conclusion of such treaties or denunciation of concluded treaties;
2) exercise control over the implementation of the actions required for the protection of the classified information released to the Republic of Lithuania by foreign states, the European Union or international organisations, perform other functions to ensure the security of the classified information passed to the Republic of Lithuania according to legal acts of the European Union or treaties of the Republic of Lithuania with the foreign states or international organisations;
3) issue security clearances to the persons who need, in discharging their duties, to handle or familiarise with the classified information released to the Republic of Lithuania by foreign states or international organisations and, on the grounds established by this Law, revoke the security clearances;
4) address, on the assignment of the institutions ensuring the security of classified contracts, the issues related to the possibility of issuance of a facility security clearance to the contractor/sub-contractor whose participant holds at least 1/3 of votes at the meeting of participants and is registered in non-EU Member States or non-NATO member countries or in the countries with which the Republic of Lithuania has not concluded an agreement on mutual protection of classified information;
5) establish the registry systems necessary for management of the classified information released to the Republic of Lithuania by foreign states, the European Union or international organisations, take decisions on the expediency of establishment of new registries of the classified information conveyed to the Republic of Lithuania or cancellation of previously established registries;
6) submit proposals on the improvement or repeal of this Law and other legal acts related to the protection of classified information, improvement of the system of legal regulation of classified information protection which is currently in force;
7) set requirements for specific fields of the protection of classified information (personnel security, physical security, security of classified contracts, security of ADP systems and networks storing, processing or transmitting classified information, administration of the classified documents released to the Lithuania by foreign states or international organisations) and control of the protection of classified information, provide entities of secrets, contractors/sub-contractors with interpretations and methodological assistance on issues of the protection of classified information;
8) co-ordinate the decisions of entities of secrets on the granting of the status of an entity of secrets to the agencies or undertakings within their sphere of regulation;
9) co-ordinate the detailed lists drawn up by entities of secrets and containing the classified information related to activities thereof as well as amendments to the said lists and submit proposals and notes thereon to entities of secrets;
10) decide, through the mediation of entities of secrets, issues on the possibility to issue security clearances or authorisations to handle or familiarise with classified information to the persons having dual citizenship or the persons not meeting the qualification of permanent residence in the Republic of Lithuania referred to in Article 16(2)(2) of this Law;
11) decide, upon the expiry of the time period for classification of information as established in Article 8(1)(1) and (2) or Article 8(2) of this Law and on recommendation of entities of secrets, issues on the expedience of extension of the time period for classification;
12) resolve disputes between entities of secrets, also disputes between entities of secrets and other persons arising over classification of information, storage, use, declassification, and control of protection of classified information;
13) submit proposals to entities of secrets on the lawfulness of acquisition of the information which, according to its nature and importance, should be classified, but belongs by the right of ownership to an entity of secrets that is not a natural or legal person and the amount of a possible recompense to the holder of the information;
14) decide, on recommendation of entities of secrets, issues on the possibility to release the information comprising a state secret to foreign states or international organisations wherewith no international treaties have been concluded on the reciprocal protection of classified information;
15) establish forms of a person’s, contractor’s/sub-contractor’s consent for screening, an authorisation to handle or familiarise with classified information, a security clearance and certificate confirming the issuance of this clearance, a questionnaire to obtain an authorisation to handle or familiarise with classified information, a questionnaire to obtain an authorisation to handle or familiarise with the information classified "Restricted", a pledge of a person to protect classified information, a classified contracts security questionnaire, a facility security clearance, a contractor’s/sub-contractor’s authorisation to handle or familiarise with classified information, forms of certificates of acceptance of the premises wherein classified information is stored as fit for use and the structure of the classification guide;
16) recognise the premises wherein the classified information released to Lithuania by foreign states or international organisations and assigned the classifications equivalent to “Top Secret” and “Secret” is stored or is planned to be stored as fit for storing such information;
17) compile and approve, on recommendation of entities of secrets, a list of complementary markings indicating restrictions on the use of classified information;
18) decide, on recommendation of entities of secrets, on the possibility of completion of execution of a classified contract in the event of revocation of a contractor's facility security clearance or a contractor’s/sub-contractor’s authorisation to handle or familiarise with classified information, where the damage resulting from termination of the classified contract would be disproportionately greater than the likely threat to classified information.
5. Decisions of the Commission for Secrets Protection Co-ordination taken in performing the functions referred to in paragraph 4 of this Article shall be binding on entities of secrets, contractors, sub-contractors. In performing the function referred to in point 2 of paragraph 4 of this Article, the Commission for Secrets Protection Co-ordination shall have the right to assign the institutions responsible for specific fields of protection of classified information to carry out the actions provided for in international treaties of the Republic of Lithuania or legal acts of the European Union.
6. The Commission for Secrets Protection Co-ordination shall seek to ensure that the information of the same importance in different entities of secrets be assigned the same classification and established the same level of protection.
7. Decisions of the Commission for Secrets Protection Co-ordination shall be adopted by the majority of votes of the Commission members participating at the meeting. In the event of a tie vote, the chairperson shall have the casting vote. A meeting of the Commission for Secrets Protection Co-ordination shall be valid if attended by at least 2/3 of members of the Commission.
8. The Commission for Secrets Protection Co-ordination shall be represented at state institutions and courts by the chairperson of the Commission, the deputy chairperson of the Commission or a member of the Commission authorised by the chairperson of the Commission. Specialists, experts in law and other fields may be involved in order to ensure the activities of the Commission for Secrets Protection Co-ordination.
9. Decisions of the Commission for Secrets Protection Co-ordination shall be published in accordance with the procedure laid down by laws and other legal acts.
Article 12. Implementation of the Protection of Classified Information
1. The policy of the protection of classified information shall be formulated by the Government and the Commission for Secrets Protection Co-ordination. The protection of classified information shall be organised and implemented by entities of secrets, contractors/sub-contractors in accordance with the procedure laid down by this Law, the Government, the Commission for Secrets Protection Co-ordination, the institutions performing functions of the Security Accreditation Authority, the National Communications Security Authority, the National Distribution Authority and the authorities protecting against electromagnetic radiation, as well as the institutions ensuring the security of classified contracts. The remit of competence of the Security Accreditation Authority, the National Communications Security Authority, the National Distribution Authority, the authorities protecting against electromagnetic radiation and the functions in ensuring the protection of national classified information, the classified information released to the Republic of Lithuania by foreign states, the European Union or international organisations shall be specified by the Government.
2. The head of an entity of secrets shall be responsible for an overall organisation and condition of the protection of the classified information at the disposal of the entity of secrets. Heads of structural divisions, the persons authorised by them as well as the persons whereto information has been entrusted shall be responsible for the carrying out of requirements for the protection of classified information in the structural divisions of an entity of secrets wherein the classified information is stored or used. A person entrusted with classified information shall be directly liable for a loss or compromise of the said information.
3. Entities of secrets shall draw up and approve lists of the structural divisions which handle classified information or store the information classified “Top Secret”, “Secret” or “Confidential” and ensure that the classified information is used and stored only by the structural divisions entered in the lists.
4. Entities of secrets shall draw up lists of the positions subject to authorisations to handle or familiarise with classified information.
6. The lists of positions referred to in paragraphs 4 and 5 of this Article must specify the highest category of classified information which the persons occupying the positions specified in a list may handle or familiarise with.
7. The persons in charge of the physical security of the information classified “Top Secret”, “Secret” or “Confidential” or authorised to transport the said information must hold authorisations to handle or familiarise with the information classified “Secret”.
8. In the entities of secrets or structural divisions thereof housing the classified information of the Republic of Lithuania, foreign states or international organisations, lists of the persons who have been issued authorisations to handle or familiarise with classified information or holding security clearances must be drawn up.
Article 13. Special Commission of Experts
1. In entities of secrets, the protection of classified information shall be co-ordinated by the special standing commissions of experts formed by a decision of the head of an entity of secrets. They shall:
1) draft the legal acts of the entity of secrets related to the protection of classified information and supervise the implementation of these legal acts;
2) submit proposals to an entity of secrets on the issuance to persons of authorisations to handle or familiarise with classified information or revocation of issued authorisations;
3) submit proposals and conclusions on the validity of classification of information, changing of classifications, declassification or destruction of classified information;
4) organise checks of the condition of protection of the classified information at the disposal of an entity of secrets and submit proposals on the prevention of breaches of requirements for the protection of classified information, deal with other issues related to the protection of classified information.
2. Taking into consideration the volume of classified information, the head of an entity of secrets shall be permitted not to form a special commission of experts and to assign the performance of its functions to an authorised person.
3. Only the persons who have obtained, in accordance with the procedure laid down by this Law, an authorisation to handle or familiarise with classified information or, where an entity of secrets uses the classified information prepared by foreign states or international organisations, a security clearance may be members of a special commission of experts. The authorisations of the special commission of experts to handle or familiarise with classified information or the security clearances must be commensurate with the highest classification of the information at the disposal of the entity of secrets.
Article 14. Duty to Appoint a Responsible Person
By a decision of an entity of secrets or a person authorised by it or the head of the contractor/sub-contractor, a person must be appointed to be responsible for organisation and implementation of the administration, protection and control of the classified information at the disposal of the entity of secrets or the contractor/sub-contractor.
Article 15. Authorisation to Handle or Familiarise with Classified Information and a Security Clearance
1. A position related to the use of the information of the Republic of Lithuania classified “Top Secret”, “Secret” or “Confidential” or to the protection of the said information shall be subject to appropriate authorisations to handle or familiarise with classified information. A position related to the use of the classified information of foreign states or international organisations assigned the classifications equivalent to “Top Secret”, “Secret” or “Confidential” or to the protection of the said information shall be subject to appropriate security clearances. The candidates selected for a position related to the use of classified information or to protection thereof may be appointed for the position upon prior screening of their candidacies and obtaining of a conclusion that the person meets the conditions referred to in paragraph 1 of Article 16 of this Article.
2. The position occupied by the President of the Republic, the Chairman of the Seimas and the Prime Minister shall entitle them to familiarise with classified information and to use it.
3. In the course of a pre-trial investigation or hearing a criminal case the file whereof contains classified information, the suspect (the accused) and counsel for the defence of the suspect (the accused) shall have the right, in accordance with the procedure laid down by the Code on Criminal Proceedings, to familiarise with the classified information contained in the file, except for the data assisting in the identification of a victim or witness who has been granted anonymity.
4. The persons listed in paragraph 3 of this Article shall, prior to granting to them the right to familiarise with classified information, be warned of criminal liability for a disclosure of classified information. The persons listed in paragraphs 5 and 6 of this Article must, prior to issuing to them a temporary authorisation to handle or familiarise with the classified information of the Republic of Lithuania, foreign states or international organisations, submit a written pledge of the set form to protect the classified information entrusted to them.
5. Upon the declaration in the Republic of Lithuania of a state of war or emergency or in the course of military operations and by a decision of the head of an entity of secrets or a person authorised by him, a person who does not hold an authorisation to handle classified information may be granted the right to familiarise with it, where such information is needed for the performance of the functions or carrying out of the tasks assigned to him.
6. In the exceptional cases as specified in the NATO regulatory documents regulating the protection of classified information, the head of an entity of secrets may issue to a person who does not hold a security clearance a written temporary authorisation to familiarise with the classified information released to Lithuania by NATO, where the loyalty of the person to the State of Lithuania and his security cast no doubt. The authorisation issued by the head of the entity of secrets must specify the type of the classified information which the person is granted the right to familiarise with.
7. Entities of secrets may issue authorisations to handle or familiarise with classified information only subject to a conclusion of the State Security Department that a person meets the conditions referred to in paragraph 1 of Article 16 of this Law. This provision shall not be applied to the issuance of authorisations to the persons referred in Article 17(3)(4) of this Law.
Article 151. Right to Handle or Familiarise with the Information Classified “Restricted”
1. The employees of an entity of secrets (civil servants, the persons working under an employment contract) whose work is related to the use of information classified "Restricted" or the protection of such information shall be issued an authorisation to handle or familiarise with the information classified “Restricted” by the head of an entity of secrets or a person authorised by him. The procedure for granting of the right to handle or familiarise with such information shall be laid down by entities of secrets on the basis of the basic principles of granting such right as approved by the Commission for Secrets Protection Co-ordination. This right shall be granted to employees of the entity of secrets until employment relations are terminated or until the powers of the persons appointed to office expire.
2. The employees of a legal person holding a facility security clearance shall be granted the right to handle or familiarise with the information classified “Restricted” by the State Security Department acting in compliance with the basic principles of granting such right as approved by the Commission for Secrets Protection Co-ordination. This right shall be granted to employees of the legal person until the expiry of the validity of the facility security clearance.
3. The right granted to employees of an entity of secrets working under an employment contract and to the employees of a legal person holding a facility security clearance to handle or familiarise with information classified “Restricted” shall not be granted or shall be revoked where a person:
1) has been found guilty, by an effective judgment of conviction, of a grave, serious or less serious crime or criminal act related to compromise of a state secret or an official secret, unauthorised holding of information comprising a state secret, loss of a state secret, seizure of an official secret or another unauthorised acquisition and has an unspent or unexpunged conviction or, in the case of a misdemeanour, less than three years have lapsed from the date when the judgment of conviction became effective;
2) collaborates or collaborated or maintains or maintained relations with an intelligence or security service of another state or with the person collaborating or maintaining relations with the intelligence or security service of another state due to the interests hostile to the Republic of Lithuania;
4. The employees of an entity of secrets working under an employment contract and the employees of a legal person holding a facility security clearance to be granted the right to handle or familiarise with information classified “Restricted” shall be screened by the institutions indicated in Article 3(17) of this Law.
5. The institutions performing screening must screen a person to be granted the right to handle or familiarise with information classified “Restricted” not later than within 20 working days.
6. The persons holding an authorisation to handle or familiarise with information classified “Top Secret”, “Secret” or “Confidential” or granted the right, in compliance with this Law, to familiarise with such classified information shall not be subject to screening as regards the granting of the right to handle or familiarise with information classified “Restricted”.
7. The persons authorised to handle or familiarise with information classified “Restricted” may, in compliance with the need-to-know principle, be granted access to classified information assigned the classifications equivalent to “Restricted” and released to the Republic of Lithuania by foreign states, the European Union or international organisations.
Article 16. Conditions of the Issuance of an Authorisation to Handle or Familiarise with Classified Information and a Security Clearance
1. A person applying for an authorisation to handle or familiarise with classified information or for a security clearance shall be issued the said authorisation or clearance, where:
2) the person submits a completed questionnaire of the set form and provides a written consent for screening of his candidacy;
4) the facts collected in the course of the screening cast no doubt as to the person’s security or loyalty to the State of Lithuania;
2. An authorisation to handle or familiarise with classified information or a security clearance shall not be issued to a person, where the person:
2) has permanently resided in the Republic of Lithuania for less than last five years, and the Commission for Secrets Protection Co-ordination has, in accordance with the procedure laid down in Article 10(4)(11) of this Law, taken a decision not to issue an authorisation to handle or familiarise with classified information or a security clearance;
3) has applied to appropriate state institutions for renunciation of the citizenship of the Republic of Lithuania;
4) has dual citizenship, and the Commission for Secrets Protection Co-ordination has, in accordance with the procedure laid down in Article 11(4)(10) of this Law, taken a decision not to issue an authorisation to handle or familiarise with classified information or a security clearance;
5) has been convicted for a crime against the independence of the State of Lithuania, territorial integrity and constitutional order thereof or for any particularly serious crime or a criminal act related to the seizure of an official secret, other unauthorised acquisition or compromise;
7) has been recognised incompetent or of limited competence in accordance with the procedure laid down by laws;
8) has collaborated with or maintains relations with a special service of another state or with the persons collaborating with the special service of another state due to the interests hostile to the Republic of Lithuania;
9) maintains relations with the persons belonging to organised criminal groups or criminal associations;
10) takes part in the activities of a non-registered religious community, political organisation or formations thereof;
11) deliberately concealed from or submitted to the institutions screening his candidacy false biographical facts or other personal data, the data on his connections and surroundings likely to influence a decision on the issuance of an authorisation to handle or familiarise with classified information or a security clearance;
12) has been dismissed for a violation of the procedure for handling classified information in accordance with the procedure laid down by laws or other legal acts or where an authorisation to handle classified information or a security clearance has been revoked for such violations;
Version of point 13 valid as of 1 January 2013:
13) is being prosecuted for an intentional criminal act or is subject to a pre-trial investigation or criminal intelligence investigation related to the said act;
14) is subject to the application of preventive measures in accordance with the Law on Organised Crime Prevention;
15) receives income from military or special services of other states, where this is not provided for in international treaties or agreements of the Republic of Lithuania;
16) cannot prove the lawfulness of acquisition of the property which he manages, uses or has at his disposal, and where his standard of living does not correspond to actual income;
17) abuses alcohol, consumes narcotic, psychotropic or other substances with psychological effects or where other personal and professional properties due to which he is not suitable for handling classified information are established;
18) suffers from mental disorders or other health disorders which may limit his capabilities and negatively influence his actions.
3. The persons holding authorisations or security clearances granting the right to handle or familiarise with the information applied a higher classification shall not need a separate authorisation or a security clearance to handle or familiarise themselves with the information applied a lower classification.
4. Where a person needs to handle or familiarise with the information applied a higher classification than specified in an authorisation or a security clearance issued to him, his candidacy shall be screened anew.
5. A security clearance and an authorisation to handle or familiarise with the information classified “Top Secret” shall be issued for a time period not exceeding five years, and that to handle or familiarise with the information classified “Secret”, “Confidential” for a time period not exceeding ten years. This time period shall start from the date of signing the consent of the State Security Department to issue the said authorisation or from the date of submission of a conclusion of an institution which has carried out the screening of a candidacy, where the authorisation to handle or familiarise with classified information or the security clearance is issued to covert participants in operational investigative activities, covert intelligence staff members and the persons engaged in covert co-operation with intelligence services.
Version of paragraph 5 valid as of 1 January 2013:
5. A security clearance and an authorisation to handle or familiarise with the information classified “Top Secret” shall be issued for a time period not exceeding five years, and that to handle or familiarise with the information classified “Secret”, “Confidential” for a time period not exceeding ten years. This time period shall start from the date of signing the consent of the State Security Department to issue the said authorisation or from the date of submission of a conclusion of an institution which has carried out the screening of a candidacy, where the authorisation to handle or familiarise with classified information or the security clearance is issued to covert participants in criminal intelligence, covert intelligence officers and covert human intelligence sources.
6. Additional screening of a person shall be carried out six months prior to the expiry of validity of an authorisation to handle or familiarise with classified information or a security clearance. The person may also be subject to repeated screening prior to the expiry of the time periods established by this Article, where the circumstances provided for in paragraph 2 of this Article are suspected to have arisen. In the course of the repeated screening and by a decision of an entity of secrets, the person may be prohibited from handling classified information.
7. A decision on the denial of an authorisation to handle or familiarise with classified information, the denial of a security clearance, an objection of the State Security Department on the issuance to a person of the said authorisation as well as a decision of the institutions screening the candidacy to terminate the screening of the candidacy upon the establishment of the circumstances referred to in paragraph 2 of this Article may be appealed against by the person or an entity of secrets to court within 30 calendar days of the receipt of the decision.
Article 17. Screening of a Person’s Candidacy
1. The main aim of screening of a person’s candidacy shall be to determine whether the person applying for an authorisation to handle or familiarise with classified information or for a security clearance may be entrusted with the classified information and whether the person subject to screening is secure and loyal to the State of Lithuania. Candidacies shall be screened upon the submission of an entity of secrets or a person authorised by it.
2. A person applying for an authorisation to handle or familiarise with classified information or for a security clearance shall submit to a responsible person a completed questionnaire of the set form and a written consent for screening. The person shall also submit a detailed autobiography, where he applies for an authorisation to handle or familiarise with the information classified “Top Secret” or “Secret”. Screening of a candidacy shall aim at establishing whether there are any conditions referred to in paragraph 2 of Article 16 of this Law. In the course of the screening, methods and measures of operational investigative activities may not be employed, with the exception of an intelligence interview and review of the operational record file data. Prior to taking a decision, the institutions screening a candidacy may invite a person for an interview, require the person’s written clarifications and, where necessary and subject to the person’s consent, perform a polygraph test.
Version of paragraph 2 valid as of 1 January 2013:
2. A person applying for an authorisation to handle or familiarise with classified information or for a security clearance shall submit to a responsible person a completed questionnaire of the set form and a written consent for screening. The person shall also submit a detailed autobiography, where he applies for an authorisation to handle or familiarise with the information classified “Top Secret” or “Secret”. Screening of a candidacy shall aim at establishing whether there are any conditions referred to in paragraph 2 of Article 16 of this Law. In the course of the screening, methods and means of criminal intelligence may not be employed, with the exception of an interview and review of data stored in the criminal intelligence information system. Prior to taking a decision, the institutions screening a candidacy may invite a person for an interview, require the person’s written clarifications and, where necessary and subject to the person’s consent, perform a polygraph test.
3. Candidacies of the persons applying for an authorisation to handle or familiarise with classified information shall be screened:
1) in respect of the persons employed or applying for employment in the national defence system – by the Second Investigation Department under the Ministry of National Defence and the State Security Department;
2) in respect of the persons employed or applying for employment in the system of the Interior – by the institutions authorised by the Minister of the Interior and the State Security Department;
3) in respect of the persons employed or applying for employment in the Special Investigation Service – by the Special Investigation Service and the State Security Department;
Version of point 4 valid as of 1 January 2013:
4) in respect of covert participants in criminal intelligence, covert intelligence officers and covert human intelligence sources – by entities of secrets;
5) by the State Security Department, where an authorisation to handle or familiarise with classified information or a security clearance has been applied for by a person not specified in points 1-4 of this paragraph.
4. Where a candidacy has been screened by the Second Investigation Department under the Ministry of National Defence, the institutions authorised by the Minister of the Interior or the Special Investigation Service and where no circumstances referred to in paragraph 2 of Article 16 of this Law were established in the course of the screening, a questionnaire completed by the person, his autobiography and conclusions of the screening carried out shall be submitted to the State Security Department. The State Security Department shall assess the results of the screening according to the information which is at its disposal and shall, where necessary, collect additional information or recommend this to be done by the institutions which have carried out the screening of the candidacy and submit to an entity of secrets a consent or a reasoned objection with regard to the possibility of issuing to the person an authorisation of a relevant category to handle or familiarise with classified information.
5. In the cases where a candidacy has been screened by the Second Investigation Department under the Ministry of National Defence, the institutions authorised by the Minister of the Interior or the Special Investigation Service and where the circumstances referred to in paragraph 2 of Article 16 of this Law were established in the course of the screening, the screening shall be terminated by a decision of the Minister of National Defence or the Minister of the Interior or the persons authorised by them or Director of the Special Investigation Service. The decision shall be notified to an entity of secrets and the person candidacy whereof was subject to screening. The State Security Department shall not screen the candidacy.
6. The candidacy of a person applying for a security clearance shall be screened by the State Security Department. Where the person holds an authorisation to handle or familiarise with classified information issued not earlier than 18 months ago, the State Security Department shall submit to the Commission for Secrets Protection Co-ordination the material on the basis whereof the person has been issued the authorisation. It shall be possible not to screen the candidacy anew.
7. The institutions carrying out screening must screen the candidacy of a person applying for an authorisation to handle or familiarise with classified information or for a security clearance:
1) within 60 working days, where the person is applying for an authorisation to handle or familiarise with the information classified “Confidential“ or for an appropriate security clearance;
2) within 90 working days, where the person is applying for an authorisation to handle or familiarise with the information classified “Secret” or for an appropriate security clearance;
3) within 120 working days, where the person is applying for an authorisation to handle or familiarise with the information classified “Top Secret” or for an appropriate security clearance.
4) within 40 working days, where the person who is applying for an authorisation to handle or familiarise with classified information or for an appropriate security clearance has been selected, in accordance with the procedure laid down by legal acts, for the positions of a civil servant, state official, judge or serviceman in professional military service related to the use of the information classified “Confidential” or applied a higher classification or the protection thereof or has won a competition for such a position of the civil servant.
8. Where the State Security Department consents to the issuance to a person of an authorisation to handle or familiarise with classified information, an entity of secrets shall issue an authorisation of the set form to handle or familiarise with classified information.
9. A decision on the issuance of an authorisation to handle or familiarise with the information applied an appropriate classification must be taken by an entity of secrets within 20 working days of signing of the consent of the State Security Department to issue the said authorisation. A decision on the issuance of an authorisation to handle or familiarise with the information applied an appropriate classification to the head of an entity of secrets within 20 working days of signing of the consent of the State Security Department to issue the said authorisation shall be taken by a person appointing the head of the entity of secrets or a person authorised by him. The entity of secrets which has taken the decision must notify the State Security Department of the authorisations issued to handle or familiarise with classified information within 10 working days.
10. An authorisation to handle or familiarise with classified information as issued to a person by an entity of secrets together with a written pledge of the person to protect classified information shall be kept in the person’s file or in accordance with the procedure laid down by the entity of secrets.
11. Security clearances shall be registered and stored in accordance with the procedure laid down by the Commission for Secrets Protection Co-ordination.
12. Upon the request of appropriate institutions of foreign states or international organisations, the Commission for Secrets Protection Co-ordination or entities of secrets shall submit certificates of the form set by the Commission for Secrets Protection Co-ordination confirming that a person has been issued a security clearance.
Article 18. Revocation of an Authorisation to Handle or Familiarise with Classified Information and a Security Clearance
*1. An authorisation to handle or familiarise with classified information and a security clearance shall be revoked, where:
2) a person has on repeated occasions violated the procedure laid down for handling classified information, or where, due to a grave breach of this procedure, a threat has arisen of a loss or compromise of classified information;
3) employment (service) relations are terminated with an entity of secrets or powers of the persons elected or appointed expire;
4) any of the circumstances referred to in paragraph 2 of Article 16 of this Law arises or transpires.
2. An entity of secrets shall, on its own initiative or upon a reasoned recommendation of the State Security Department, revoke an authorisation to handle or familiarise with classified information. The entity of secrets shall give written notice of a decision taken on the revocation of the authorisation to handle or familiarise with classified information to the State Security Department within ten working days.
3. Upon the request of a person whose authorisation to handle or familiarise with classified information or security clearance has been revoked, an entity of secrets must provide a written specification of the reasons for revocation of the authorisation to handle or familiarise with classified information.
4. The Commission for Secrets Protection Co-ordination shall revoke a security clearance on its own initiative or upon a reasoned recommendation of the State Security Department or an entity of secrets.
5. Upon the receipt of a reasoned recommendation of the State Security Department on the revocation of an authorisation, a person or an entity of secrets shall have the right to appeal against a decision on the revocation of an authorisation to handle or familiarise with classified information or a security clearance to court within 30 calendar days of the receipt of the decision.
6. The revocation of an authorisation to handle or familiarise with classified information or a security clearance shall not relieve a person from the obligation not to disclose the classified information obtained in the course of service as well as from liability for a disclosure of such information.
*Note. Article 18(1)(4) of the Law of the Republic of Lithuania on State Secrets and Official Secrets (version of 16 December 2003) (Official Gazette, No 4-29, 2004), to the extent that it stipulates that an authorisation to handle or familiarise with classified information or a person's security clearance shall be revoked if the circumstances referred to in Article 16(2)(13) of this Law arise or transpire, and does not stipulate that, if these circumstances arise or transpire before adopting a decision on the revocation of such an authorisation or clearance, the person's security and loyalty to the State of Lithuania must be additionally verified with a view to determining whether his further handling of classified information would pose a threat to the security of such information, shall be recognised as being in conflict with the provision of the first paragraph of Article 35 of the Constitution of the Republic of Lithuania (‘Citizens shall have the right to [...] enter on equal terms in the State service of the Republic of Lithuania’), the provision of the first paragraph of Article 48 (‘Each human being may freely choose a job’), and the constitutional principle of the rule of law.
Article 19. Duties of a Person Holding an Authorisation to Handle or Familiarise with Classified Information or a Security Clearance
A person holding an authorisation to handle or familiarise with classified information or a security clearance shall be under an obligation:
1) to know requirements of the legal acts regulating the protection of classified information and carry them out;
2) not to disclose, lose and release the classified information entrusted to or obtained by him to unauthorised persons as well as to the persons who, although having the right to handle classified information, are not authorised to familiarise with it;
3) to protect the classified information entrusted to him or obtained during the period of service for the entire time period for classification of this information;
5) to prevent the unlawful actions of third parties which may result in a disclosure, loss, seizure or other unauthorised acquisition of classified information and to immediately notify of these facts and other circumstances of a disclosure or loss of classified information a responsible person or the head of an entity of secrets;
6) to immediately notify a responsible person of a loss or disclosure of the classified information entrusted to him as well as of breaches of requirements for the protection of classified information;
7) to return all the classified information entrusted to him to a responsible person when terminating employment (service) relations, being transferred to a position not involving to the use of classified information;
8) to provide information, oral or written clarifications to the persons authorised to exercise control of the protection of classified information;
9) to notify a responsible person of changes in the questionnaire data submitted to the institutions which have screened his candidacy;
10) six months prior to the expiry of validity of an authorisation to handle or familiarise with classified information or a security clearance as well as in the course of additional screening carried out by authorised institutions, to submit to a responsible person the documents required for the carrying out of the screening.
Article 20. Functions of a Responsible Person in the Field of Personnel Security
A responsible person shall:
1) organise the issuance of authorisations to handle or familiarise with classified information and keep accounts thereof;
2) ensure that classified information is accessed only by authorised persons and that the need-to-know principle is strictly complied with;
3) ensure that the classification applied to the classified information which a person handles or familiarises with is not higher than the one specified in an authorisation issued to the person;
4) control that all the persons handling or familiarising with classified information carry out requirements of the legal acts regulating the protection of classified information;
5) inform the institutions screening a candidacy of changes in a person’s questionnaire data likely to influence the issuance or revocation of an authorisation;
6) six months prior to the expiry of validity of an authorisation to handle or familiarise with the information comprising a state secret or of a security clearance, organise repeated screening of a candidacy;
7) collect from the persons who are issued authorisations to handle or familiarise with classified information written pledges of the set form to protect classified information;
8) familiarise persons, against their signature, with a detailed list of the classified information related to activities of an entity of secrets;
9) once per calendar year, inform the persons entrusted with classified information of statutory liability for unauthorised holding of classified information, compromise, loss, seizure or other unauthorised acquisition of classified information;
Article 21. Application of a Classification to a Document or Part Thereof
1. The head of an entity of secrets’ structural division which has drafted a document shall consider a proposal of the person who has drafted the document and take a decision on the application of a classification to the document and the establishment of a time period for classification thereof and be liable for the validity of the decision taken.
2. A document shall not be applied a classification solely for the reason of its topic or the classification of a document in reply to which it has been drafted.
3. The classification of a document shall be determined according to the highest classification of the information contained in the text of the document.
4. Where a document consists of separate parts each applied a different classification or contains annexes whose classifications are different from the classification of the document, clear references must be provided in the document about different classifications of the parts of the document and annexes thereto – in the text of the document, listing of the annexes or a list of the parts of the document (contents) as well as at the beginning of the said parts of the document’s text or on the annexes to the document.
5. Where parts of or annexes to a document are integral part of the document, the said document shall be included in the accounting records of classified documents and stored according to its most highly classified part or annexes. The parts of the document or annexes thereto which may be detached shall be distributed, entered in accounting records and stored according to the classification of the said parts of the document or annexes thereto.
Article 22. Requirements for the Administration of Classified Documents
1. The documents classified “Top Secret” shall be administered in the following manner:
4) conveyed to executors against their signature by recording the fact of the conveyance in classified information registration media;
5) released by the recipient of classified information to another entity of secrets only with a written consent of the originator of the information;
7) stored separately from the documents which have been applied other classifications, with the exception of the documents stored in computer storage media;
2. The documents classified “Secret” shall be administered in the following manner:
3) may be reproduced or copied only subject to a written decision of the head of an entity of secrets or a person authorised by him and with a written consent of the originator of the information;
5) may be released by the recipient of classified information to another entity of secrets only with a written consent of the originator of the information;
6) conveyed to executors against their signature by recording the fact of the conveyance in classified information registration media;
3. The documents classified “Confidential” shall be administered in the following manner:
2) may be reproduced or copied by a decision of a person exercising control over the execution of a document and in compliance with the need-to-know principle, where the document does not bear the reference “Subject to a consent of the originator of information”. Copies must be registered and numbered;
3) conveyed to executors against their signature by recording the fact of the conveyance in classified information registration media;
4. The documents classified “Restricted” shall be administered in the following manner:
Article 23. Familiarisation with the Classified Information at the Disposal of Another Entity of Secrets
1. The right to familiarise with the information classified “Top Secret”, “Secret” or “Confidential” and being at the disposal of another entity of secrets shall be granted to a person by the head of the entity of secrets having the information at its disposal in compliance the need-to-know principle. The person must submit a letter of targeted authorisation of the head of an institution where he is employed. The letter of targeted authorisation must confirm that the person holds an authorisation to handle or familiarise with the classified information applied an appropriate classification or a security clearance, where it is necessary to familiarise with the classified information released by a foreign state or an international organisation, and specify the need, as based on the discharge of immediate duties, to familiarise with specific classified information as well as the volume of the classified information which the person needs to familiarise with.
2. Where a decision is taken not to permit a person to familiarise with the classified information specified in a letter of targeted authorisation, the head of an entity of secrets having this information at its disposal must provide reasons for his decision and, within 10 working days, familiarise with the decision the head of an institution which has provided the person with the letter of targeted authorisation. The said decision may be appealed against to the Commission for Secrets Protection Co-ordination, which shall take a decision binding on the entity of secrets.
Article 24. Transportation of Classified Information
1. The documents, products and other objects classified “Top Secret” must be conveyed in the territory of the Republic of Lithuania by at least two military couriers or the persons authorised by an entity of secrets, one of whom must be armed with a firearm.
2. The documents, products and other objects classified “Secret” must be conveyed in the territory of the Republic of Lithuania by one person armed with a firearm or at least two unarmed military couriers or couriers of courier services or the persons authorised by an entity of secrets.
3. The documents, products and other objects classified “Top Secret” and “Secret” may be conveyed to and from diplomatic missions of the Republic of Lithuania in foreign states, missions of the Republic of Lithuania to international organisations, consular posts and special missions of the Republic of Lithuania by at least two unarmed diplomatic or military couriers or the persons authorised by an entity of secrets.
4. The documents, products and other objects classified “Confidential” and “Restricted” may be conveyed by unarmed military, diplomatic couriers, couriers of courier services or the persons authorised by an entity of secrets.
5. The persons carrying classified documents, products and other objects must:
6. The recipient of classified information must acknowledge receipt of the documents, products and other objects classified “Top Secret” and “Secret” with his signature.
7. The persons carrying classified documents, products and other objects shall be prohibited from familiarising with the classified information being conveyed.
8. A person carrying classified documents, products and other objects must ensure their protection against loss by any means – combat actions, available special means or a firearm. These means must be commensurate with an occurrence or imminent threat of a seizure of classified information.
Article 25. Destruction of Classified Information
1. Classified information shall be destroyed in accordance with the procedure laid down by the Government.
2. A decision on the destruction of classified information shall be taken by the head of an entity of secrets or a person authorised by him, with the exception of the cases referred to in Article 22(1)(8) of this Law.
Article 26. Evacuation or Destruction of Classified Information in the Event of a State of War or Emergency
1. An entity of secrets handling or storing classified information must prepare and approve plans of the evacuation or destruction of classified information in the event of a state of war or emergency.
Article 27. Inspection of Classified Information
1. Once annually, the persons authorised by the head of an entity of secrets must inspect the information comprising a state secret. Conclusions of the inspection shall be formalised by a statement. The statement shall be approved by the head of the entity of secrets.
2. Once per three years, the persons authorised by the head of an entity of secrets must inspect the information classified “Confidential”. Conclusions of the inspection shall be formalised by a statement. The statement shall be approved by the head of the entity of secrets.
3. The periodicity of inspecting the information classified “Restricted” shall be established by an entity of secrets.
4. The aim of inspections shall be to establish whether classified information has not be lost or corrupted.
5. It shall be considered that classified information has been accounted for, where:
2) receipt of information has been confirmed in writing by an appropriate entity of secrets or a structural division whereto classified information has been released;
Article 28. Functions of a Responsible Person in the Field of Administration of Classified Information
A responsible person shall:
1) organise the accounting of classified information, control distribution and manage registration thereof;
2) select information for destruction, declassification or extension of a time period for classification of the said information;
4) be responsible for conveyance of classified information to executors and other entities of secrets;
5) be responsible for a timely notification of entities of secrets of changes in the classifications, declassification or extension of a time period for classification of classified information;
6) by a decision of the head of an entity of secrets or a person authorised by him, familiarise the persons authorised by other entities of secrets with the information classified “Top Secret”, “Secret” or “Confidential”;
7) organise, at the intervals established in Article 27 of this Law, the inspection of classified information;
Article 29. Regulation of the Administration of Classified Information
A detailed procedure for preparing, documenting, sending, transporting, receiving, reproducing, destroying and accounting of classified information shall be laid down by the Government in compliance with the provisions of Chapter Five of this Law.
Article 30. Implementation of Physical Security
1. Entities of secrets must ensure adequate protection of all territories, premises and workstations in which classified information is handled or stored by relevant physical, mechanical, procedural and electronic security measures and assignment of guards.
2. The physical security measures applied for the protection of classified information must be designed to:
1) deny entry by unauthorised persons of the territories and premises where classified information is handled or stored;
3) prevent the employees who do not hold an authorisation to handle or familiarise with classified information from familiarising with contents of the classified information;
3. In deciding on the selection and installation as well as use of specific means of protection, account shall be taken by an entity of secrets of the following factors:
4. Physical security shall consist of:
2) the installation and use of the mechanical security measures to impede intrusion or forced entry into a territory and premises;
4) the installation and use of the electronic surveillance and electronic security measures allowing personal identification and restricting entry as well as recording entry into premises, presence in and exit from the premises;
5. Taking account of the factors listed in paragraph 3 of this Article and facilities of ensuring the protection of protected information, the constituent parts of physical security as referred to in points 2-5 of paragraph 4 of this Article may be applied in the aggregate or priority may be given to several or one of them.
Article 31. Security Areas
1. The territories and premises in which classified information is handled or stored shall be subdivided into separate security areas according to the classifications applied to the information, mode of storage and risk of unauthorised familiarisation with the classified information.
2. An administrative security area – a defined territory and/or premises in which the movement of persons and vehicles shall be controlled. Class I or Class II security areas shall be accessible only from the administrative area. Only the information classified “Restricted” may be stored or handled in the administrative area. The classified information stored in the administrative security area must be kept in metal cabinets or in safes.
3. Class II security area – the territories and premises in which the information classified “Confidential” and above is stored or handled as well as the premises entry into which constitutes direct access to the central control of this security area’s electronic security measures. The information stored in Class II security area and classified “Secret” or “Top Secret” must be kept in safes or in repositories specially designed to store such information. The information stored in Class II security area and classified “Confidential” must be kept in metal cabinets or in safes.
4. Class II security area shall be imposed the following requirements:
2) the area may be accessed only by the persons holding an authorisation to handle or familiarise with the information classified “Confidential”. All other persons must be escorted by a guard or a person authorised by the head of an entity of secrets;
3) where the information classified “Secret” or “Top Secret” is stored in the area, a control post must be set up at entrances to the area or to separate premises thereof to identify a person or an identification system must be installed;
6) electronic security measures must transmit a double signal warning of an attempt of forced entry into the area or of an unauthorised presence therein not to a single response system;
5. Class I security area – the premises in which the information classified “Confidential” and above is handled or stored. Entry into the area constitutes direct access to the information stored therein as well as to the central control of this security area’s electronic security measures.
6. Class I security area shall be imposed the following requirements:
4) this security area shall, by a decision of the head of an entity of secrets or a person authorised by him, be accessed only by the persons holding authorisations to handle or familiarise with the most highly classified information stored in the said security area;
7. Where necessary and in the event of absence of a person entrusted with classified information, repositories of documents, personal safes, metal cabinets may be opened only by the persons authorised by the head of an entity of secrets. Entities of secrets must lay down the procedure for the carrying out and recording of such actions.
8. Where unauthorised persons are suspected to have entered repositories of documents or opened personal safes, metal cabinets, a report shall be immediately forwarded to a responsible person, the head of an entity of secrets and the State Security Department. Until the arrival of officers of the State Security Department, the responsible person and the head of the entity of secrets shall take measures necessary to preserve the place of the incident intact.
Article 32. Functions of a Responsible Person in Implementing the Physical Security of Classified Information
A responsible person shall:
1) ensure that appropriate physical security measures are in place and operate properly in the territories and premises where classified information is handled or stored;
2) draft the documents regulating physical security procedures, control the compliance with the procedures laid down and carry out periodic inspections of the physical security arrangements in place;
4) submit proposals to the head of an entity of secrets or a person authorised by him on the subdivision of premises into security areas;
Article 33. Classified Contracts
1. In performing the functions assigned to them, entities of secrets shall have the right to conclude classified contracts. The entities of secrets may assign conclusion of classified contracts to their structural divisions holding the rights of the contracting authority.
2. A classified contract may be concluded only with a contractor who has been issued, in accordance with the procedure laid down by this Law, a facility security clearance or a contractor’s/sub-contractor’s authorisation to handle or familiarise with classified information.
3. A contractor shall, subject to consent of the contracting authority executing a classified contract, have the right to engage a sub-contractor for execution of a part of the contract, where the sub-contractor holds a facility security clearance or a contractor’s/sub-contractor’s authorisation to handle or familiarise with classified information.
4. The contractors participating in the selection published by foreign states or international organisations on the awarding of a classified contract shall be applied the requirements referred to in this Chapter, where a foreign state or international organisation requests to provide a proof of their security.
5. The undertakings, agencies and organisations operating or registered in the foreign states with which international treaties have been concluded on mutual protection of classified information or with which classified information is exchanged under EU or NATO legal acts or the citizens of such foreign states engaged in economic activities may participate in the selection published by entities of secrets of the Republic of Lithuania on the awarding of a classified contract providing for release of classified information of the Republic of Lithuania in the course of execution thereof, where a foreign institution ensuring the security of classified contracts confirms that an undertaking, agency, organisation or natural person participating in the selection is secure and meets the requirements of the foreign state set forth to contractors concluding respective classified contracts.
6. A classified contract may be unilaterally terminated, where the contractor/sub-contractor does not meet the requirements set for the protection of classified information.
7. The contractor/sub-contractor shall not be considered the originator of classified information. The entire information created in the course of execution of a classified contract shall be considered the property of the Republic of Lithuania as of the moment of creation thereof and shall be protected and processed in compliance with the provisions of this Law.
8. An entity of secrets planning to conclude, or having concluded, a classified contract must:
1) appoint the persons responsible for the control of the protection of the classified information released in the course of conclusion and execution of the classified contract or created in the course of execution of the contract and the carrying out of requirements of the classified contract;
4) prepare a classification guide, where the execution of the classified contract will include creation of classified information;
6) provide, within five working days from the conclusion of the classified contract, the institution ensuring the security of classified contracts and exercising control of the protection of classified information in the course of the execution of the classified contract with copies of the classified contract and classification guide, if such has been prepared.
9. The contractor/sub-contractor must:
1) organise and carry out the protection of the classified information entrusted or created in the course of execution of the classified contract in accordance with the procedure laid down by this Law and other legal acts regulating the protection of classified information;
2) ensure that classified information will be handled or familiarised with only by the persons holding an authorisation to handle or familiarise with classified information or authorised to handle or familiarise with information classified “Restricted” alone and only in compliance with the need-to-know principle;
4) notify the State Security Department of the emergence of the circumstances referred to in Article 36(1)(1),(3),(4),(5) or (13) of this Law;
5) hand over to an entity of secrets, upon the execution of the classified contract or upon the termination of execution thereof prior to the time limit, the entire classified information obtained or created in the course of execution of the classified contract.
7) give an immediate notice to the responsible person of an entity of secrets and to the institution ensuring the security of classified contracts and exercising control of the protection of classified information in the course of execution of a classified contract of any breaches of requirements for the protection of classified information which resulted or might have resulted in a compromise or loss of classified information or if such breaches are suspected to have been incurred;
9) give a notice, not later than within five working days, to the responsible person of an entity of secrets and the institution ensuring the security of classified contracts and exercising control of the protection of classified information of termination of a contract with the sub-contractor executing a part of the classified contract, also of termination of an employment contract with persons related to the contractor/sub-contractor who have been issued authorisations to handle or familiarise with classified information or who are authorised to handle or familiarise with information classified “Restricted”.
Article 34. Issuance of a Facility Security Clearance
1. Private and public legal persons, other organisations, divisions thereof or groups of such persons (hereinafter: ‘legal persons’) seeking to obtain a facility security clearance must apply to the institution ensuring the security of classified contracts in compliance with the provisions of Article 38 of this Law.
2. A legal person applying to the institution ensuring the security of classified contracts must submit:
1) an application for initiation of the procedure of inspection of the legal person's security and issuance of a facility security clearance. In the application, the legal person shall indicate the economic activity in pursuit whereof the legal person intends to participate in classified contracts, the highest classification level of the classified information which the contractor intends to store and handle in its premises, also the address of the premises wherein classified information is to be handled or stored;
2) a classified contracts security questionnaire as completed by the legal person and its written consent for inspection;
3) the questionnaires completed by the head of the administration of the legal person, the chief accountant or the head of a structural division keeping accounts or the employee of another legal person keeping accounts of the legal person subject to inspection, the persons in charge of protection of classified information, substitutes thereof and the employees or authorised persons who will participate in preparing and making commercial offers to entities of secrets regarding conclusion of classified contracts, where the questionnaires have been prepared in respect of the persons applying for an authorisation to handle or familiarise with information classified “Top Secret”, “Secret” or “Confidential”, and written consents of such persons for inspection. Where the legal person applies for the issuance of a facility security clearance entitling to conclude classified contracts in the course of execution whereof the information classified "Restricted" will be used or created, the questionnaires of the specified form as completed by the head of the administration of the legal person, the chief accountant or the head of a structural division keeping accounts or the employee of another legal person keeping accounts of the legal person subject to inspection, the persons in charge of protection of classified information, substitutes thereof and the employees or authorised persons who will participate in preparing and making commercial offers to entities of secrets regarding conclusion of classified contracts, where the questionnaires are completed for the purpose of granting the right to handle or familiarise with the information classified “Restricted”, and written consents of such persons for inspection shall be submitted;
4) the information required to assess the premises wherein classified information is to be handled or stored for their recognition as fit for handling classified information or storing such information;
3. The provision of the information indicated in points 4 and 5 of paragraph 2 of this Article may be omitted where a legal person decides to participate in procurement procedures and an entity of secrets indicates in the notice of procurement related to classified information that a classified contract will be executed using ADP systems and networks belonging to the entity of secrets or not using the ADP systems and networks. The information indicated in point 5 of paragraph 2 of this Article shall not be provided where the legal person informs that it will not use the ADP systems and networks in executing classified contracts.
4. A legal person not holding a facility security clearance and intending to participate in published procurement procedures shall apply to an institution ensuring the security of classified contracts and submit the information referred to in paragraph 2 of this Article together with completed questionnaires of the employees of the legal person who will participate in executing a classified contract and who will need to handle or familiarise with classified information, the questionnaires being intended for the persons applying for the issuance of an authorisation to handle or familiarise with information classified “Top Secret”, “Secret” or “Confidential”, or questionnaires for the issuance of an authorisation to handle or familiarise with information classified “Restricted”, where in the course of execution of a published classified contract information classified not higher than “Restricted” will be used or created.
5. Facility security clearances shall be issued and revoked by the State Security Department. In the cases when a legal person's security is screened by the institutions indicated in Article 38(1)(2), (3) and (4) of this Law, the State Security Department must take a decision on the issuance of a facility security clearance not later than within ten working days from the submission of the conclusion of the institution ensuring the security of classified contracts and screening the legal person's security regarding the legal person’s security.
6. Facility security clearances shall be issued for a fixed term:
1) three years - granting the right to conclude classified contracts in the course whereof access will be provided to information classified “Top Secret” or such information will be entrusted, used or created;
7. The authorisations to handle or familiarise with classified military information issued to employees of a legal person shall be valid until the expiry of the period of validity of a facility security clearance issued to the legal person, but not longer than established in Article 16(5) of this Law. The employees of the legal person shall be granted the right to handle or familiarise with information classified “Restricted” for a period not longer than the period of validity of the facility security clearance issued to the legal person.
8. During the period of validity of a facility security clearance, a legal person must forthwith notify the State Security Department of any changes in the information referred to in paragraph 2 of this Article.
9. In order to ensure the continuity of the validity of a facility security clearance, the legal persons wishing to receive a new facility security clearance may, at least six months before the expiry of the validity of the facility security clearance and acting in accordance with the provisions of this Article, apply to the State Security Department for the issuance of the new facility security clearance.
Article 35. Security Screening of a Legal Person
1. The aim of the security screening of a legal person shall be to determine whether a classified contract may be concluded with a contractor by ensuring an adequate protection of classified information.
2. When performing a legal person's security screening, the following shall be verified:
1) the capital and management structure of the legal person, origin of the capital, owners and formal registration;
2) the offences committed by the legal person, the criminal acts committed by the employees, owners or members of the managing bodies of the legal person;
3) the legal person's business relations, the relations of participants of the legal person holding at least 1/3 of votes at the meeting of participants, the head of the legal person, members of management bodies of the legal person, the chief accountant or the head of a structural division keeping accounts or an entity/person keeping accounts with the persons convicted for the criminal acts committed by an organised group or criminal association or with the persons who have been imposed preventive measures under the Law on Organised Crime Prevention, relations with special services of foreign states activities whereof are hostile to the interests of the State of Lithuania;
5) the ability of the legal person to pursue activities in accordance with the economic activities indicated in the application;
3. Employees of a legal person shall be screened regarding the issuance of an authorisation to handle or familiarise with classified information or granting of the right to handle or familiarise with the information classified “Restricted” and shall be issued the authorisations or granted the right by the State Security Department in compliance with provisions of this Law.
4. The premises of a legal person wherein classified Information is to be handled or stored shall be examined and an authorisation to handle classified information or to store such information therein shall be issued by the institutions referred to in Article 38 of this Law.
5. The ADP systems and networks of a legal person providing for automated processing of classified information or providing for transmission of classified information shall be assessed at the request of an institution ensuring the security of classified contracts and authorisations for automated processing and transmission of classified information via the ADP systems and networks by the Security Accreditation Service or a departmental security accreditation authority.
6. An institution ensuring the security of classified contracts and screening a legal person's security must perform the security screening of the legal person not later than within six months from the request to initiate the procedure of the legal person's security screening. The request to initiate the procedure of security screening of the legal person shall be considered submitted upon submission to the institution ensuring the security of classified contracts of the documents referred to in Article 34(2) of this Law.
7. An institution ensuring the security of classified contracts shall, when performing the security screening of a legal person, have the right to obtain the entire information regarding the security screening of the legal person and employees thereof from state and municipal institutions, banks and other legal persons.
8. An institution ensuring the security of classified contracts must ensure the security of commercial secrets which it accessed in the course of security screening of a legal person.
9. Where an entity of secrets publishes a notice of procurement related to classified information and a legal person holding a valid facility security clearance decides to participate in procurement procedures, the legal person shall, upon assessing the object of procurement, submit to an institution ensuring the security of classified contracts the questionnaires completed by the employees who will need to handle or familiarise classified information and intended for the persons applying for the issuance of an authorisation to handle or familiarise with information classified “Top Secret”, “Secret” or “Confidential”, or questionnaires for the issuance of an authorisation to handle or familiarise with information classified “Restricted”, where in the course of execution of the classified contract information classified not higher than “Restricted” will be used or created, with the exception of the persons referred to in Article 34(2)(3) of this Law and holding appropriate authorisations to handle or familiarise with classified information or authorised to handle or familiarise with information classified “Restricted”.
10. Where an entity of secrets publishes a notice of procurement related to classified information and indicates that the classified contract will be executed in the premises of the entity of secrets using the ADP systems and networks belonging to the entity of secrets, the premises of a legal person and the ADP systems and networks used by the legal person shall not be subject to screening.
Article 36. Conditions of Denial of a Facility Security Clearance
1. A facility security clearance shall not be issued where, in the course of a pre-clearance inspection, it transpires that:
2) a legal person, in providing the information indicated in Article 34(2) of this Law, has provided falsified or false data or concealed data likely to affect the legal person's security clearance;
3) a legal person does not have a valid licence/authorisation to engage in the activities indicated in its application for the issuance of the facility security clearance, where such activity is subject to a licence under the laws of the Republic of Lithuania, or the validity of the licence, the licence has been suspended or revoked;
4) a legal person is being liquidated, reorganised, has suspended or limited the economic activities which it indicated in its application for the issuance of a facility security clearance, is subject to bankruptcy proceedings or extrajudicial bankruptcy proceedings have been initiated against it;
5) the legal person has tax arrears to the state budget of the Republic of Lithuania, municipal budgets or the funds, the taxes paid whereto are administered by State Tax Inspectorate (except for the cases of deferral of the payment of taxes, interest, fines by the legal person in accordance with the procedure established by legal acts of the Republic of Lithuania or a tax dispute is held in relation to these taxes, interest, fines), has arrears to the budget of the State Social Insurance Fund;
6) a legal person, a subsidiary of the legal person, a participant of the legal person holding at least 1/3 of votes at the meeting of participants, a member of the legal person's management body, the chief accountant or the head of a structural division keeping accounts and the entity/person keeping accounts of the legal person subject to inspection (hereinafter: ‘a legal person or the persons related thereto’) have been convicted of crimes against the independence of the State of Lithuania, its territorial integrity and constitutional order, regardless of whether the conviction has expired;
7) a legal person or persons related thereto has an unspent or unexpunged conviction for criminal acts against human life, against property, property rights and property interests, against economy and business practice, against the financial system, against social security, against civil service and public interests, against government order;
8) there are data confirming the fact that a legal person or persons related thereto are related to the financing of terrorism;
9) there are data confirming the fact that a legal person or persons related thereto, due to the interests hostile to the Republic of Lithuania, collaborated or collaborates/collaborate or maintains/maintain relations with an intelligence security service of a foreign state or with the persons collaborating or maintaining relations with an intelligence security service of a foreign state;
10) there are data confirming the fact that a legal person or persons related thereto performed the actions which are in conflict with international treaties of the Republic of Lithuania, international sanctions implemented pursuant to the Law of the Republic of Lithuania on the Enforcement of Economic and Other International Sanctions;
11) there are data confirming the fact that a legal person, a subsidiary of the legal person, a participant of the legal person holding at least 1/3 of votes at the meeting of participants has violated the Law of the Republic of Lithuania on Control of Strategic Goods over the past three years;
12) the persons referred to in Article 34(2)(3) and Article 35(9) of this Law do not comply with the requirements as set forth in legal acts for the issuance of an authorisation to handle or familiarise with classified information or an authorisation to handle or familiarise with information classified “Restricted”;
13) a participant of a legal person holding at least 1/3 of votes at the meeting of participants is registered in non-EU Member States or non-NATO member countries or in the countries with which the Republic of Lithuania has not concluded an agreement on mutual protection of classified information, and the Commission for Secrets Protection Co-ordination has not taken a decision on the issuance of a facility security clearance in respect of the legal person;
14) a legal person has not complied with the requirements set forth in legal acts for the protection of classified information;
15) a legal person, through its own fault, has previously been denied a facility security clearance, the facility security clearance has been revoked and reasons for the denial or revocation of the said clearance have not been removed;
2. Where a legal person or the persons related thereto are given a notice of suspicion in the pre-trial investigation being carried out in respect of the criminal acts referred to in points 6 and 7 of paragraph 1 of this Article or an indictment is drawn up in respect of such acts, or a prosecutor applies to the court for the termination of proceedings by a penal order or for the hearing of the case under the accelerated procedure, or where the legal person is subject to tax inspection, the legal person’s security screening process shall be suspended until the pre-trial investigation is terminated, the court judgment becomes effective or a decision of the tax administrator is adopted allowing for the adoption of a decision on the issuance of a facility security clearance.
3. A legal person shall have the right to appeal against a decision of the State Security Department on the refusal to issue a facility security clearance to Vilnius Regional Administrative Court within 30 calendar days from the receipt of such a decision.
4. Where a decision is taken to refuse the issuance of a facility security clearance, a new application for initiation of inspection of a legal person and the issuance of the facility security clearance may be filed upon elimination of the circumstances leading to the refusal to issue the facility security clearance or in the event of disappearance of such circumstances.
Article 37. Revocation of a Facility Security Clearance
1. A facility security clearance shall be revoked or a concluded classified contract shall be terminated in the cases when:
1) the contractor/sub-contractor or an employee thereof grossly breaches the requirements set forth for the protection of classified information, which results in a compromise or loss of the classified information entrusted to the contractor/sub-contractor or poses a threat of a compromise or loss of classified information, or breaches the requirements set forth for the protection of classified information at least twice;
2. A legal person shall have the right to appeal against a decision of the State Security Department on the revocation of a facility security clearance to court within 30 calendar days from the receipt of such a decision.
3. Where a facility security clearance is revoked, a new application for initiation of inspection of a legal person and the issuance of a facility security clearance may be filed upon elimination of the circumstances leading to the revocation of the facility security clearance or in the event of disappearance of such circumstances.
4. In the event of revocation of a facility security clearance, a classified contract concluded previously may remain in force (with the exception of the cases when the circumstances indicated in Article 36(1)(8), (9), (10) and (11) of this Law transpire), provided that the contract is approaching completion and the damage as a result of termination of the contract would be disproportionately greater than the potential threat to classified information. A decision on completion of execution of the classified contract shall be taken by the Commission for Secrets Protection Co-ordination on the recommendation of an entity of secrets.
Article 38. Institutions Ensuring the Security of Classified Contracts and Control of the Protection of Classified Information in the Course of Execution of Classified Contracts
1. The legal persons applying for a facility security clearance shall be screened by:
1) the State Security Department, in all cases, with the exception of cases provided for in points 2, 3 and 4 of this paragraph;
2) the Second Investigation Department under the Ministry of National Defence having regard to Article 35(3) and (5) of this Law, in the cases when institutions of the national defence system carry out procurement related to classified information, and procurement procedures involve the legal persons not holding a facility security clearance;
3) the divisions authorised by the Minister of the Interior having regard to Article 35(3) and (5) of this Law, in the cases when institutions of the system of the Interior carry out procurement related to classified information, and procurement procedures involve the legal persons not holding a facility security clearance;
2. When the institutions specified in points 2, 3 and 4 of paragraph 1 of this Article perform a legal person’s security screening, screening conclusions concerning the issuance (non-issuance) of a facility security clearance shall be submitted to the State Security Department.
3. The control of the protection of classified information in the course of execution of classified contracts shall be exercised by:
2) the Second Investigation Department under the Ministry of National Defence - in the cases when classified contracts are concluded and executed by institutions of the national defence system;
3) the divisions authorised by the Minister of the Interior - in the cases when classified contracts are concluded and executed by the institutions of the system of the Interior;
Article 39. Organisation, Execution and Termination of Classified Contracts, Where the Contractor is a Natural Person
1. Classified contracts may be concluded and executed by a citizen of the Republic of Lithuania who, in accordance with the procedure laid down in this Article, has been issued an authorisation to handle or familiarise with classified information.
2. A classified contract may be concluded with a natural person where the natural person to execute the classified contract meets the conditions specified by this Law for the issuance of an authorisation to handle or familiarise with classified information or for the granting of the right to handle or familiarise with information classified “Restricted”.
3. Where a classified contract is executed outside the premises of an entity of secrets, provisions of Article 35(4) and (5) of this Law shall apply. The classified contract to be executed outside the premises of the entity of secrets may not be concluded with a natural person where the premises belonging to the natural person and/or the ADP systems and networks used have not been issued respective authorisations.
4. Security screening of a natural person shall be performed, and a contractor’s/sub-contractor’s authorisation to handle or familiarise with classified information shall be issued by the State Security Department.
5. A contractor’s/sub-contractor’s authorisation to handle or familiarise with classified information shall be issued for a fixed term:
1) three years - granting the right to conclude classified contracts in the course whereof access will be provided to information classified “Top Secret” or such information will be created;
6. A natural person who has entered into a classified contract shall be subject to the requirements of Article 33(9)(1), (5), (6), (7) and (8) of this Law.
7. Where a contractor’s/sub-contractor’s authorisation to hand or familiarise with classified information is revoked in accordance with the procedure laid down by this Law, the classified contracts concluded with this contractor/sub-contractor shall be terminated.
8. A natural person who is a contractor/sub-contractor may appeal against a decision of the State Security Department to revoke an authorisation to handle or familiarise with classified information issued to the contractor/sub-contractor to Vilnius Regional Administrative Court within 30 calendar days from the receipt of such a decision.
Article 40. Development and Certification of ADP Systems and Networks
1. The rules for development and certification of ADP systems and networks shall be specified by the Government.
2. Entities of secrets may, in accordance with the procedure laid down by the institution performing the functions of the Security Accreditation Authority, appoint or set up departmental security accreditation authorities. The general rules for activities of departmental security accreditation authorities shall be approved by the institution performing the functions of the Security Accreditation Authority. The institution performing the functions of the Security Accreditation Authority shall co-ordinate the activities of departmental security accreditation authorities relating to performance of the functions of control of security of ADP systems and networks and issuance of authorisations for automated processing and transmission of classified information via ADP systems and networks of an entity of secrets, the contractor/subcontractor thereof.
3. Classified information may be subject to automated processing and transmission only via certified ADP systems and networks. ADP systems and networks shall be considered to be certified when an entity of secrets, the contractor/sub-contractor thereof are issued an authorisation for automated processing and transmission of classified information via ADP systems and networks. The authorisation for automated processing and transmission of classified information using ADP systems and networks shall be issued by the institution performing the functions of the Security Accreditation Authority, or a departmental security accreditation authority in accordance with the procedure laid down by the institution performing the functions of the Security Accreditation Authority.
Article 41. Requirements for the Protection of ADP Systems and Networks
1. The means of protection used for safeguarding the security of ADP systems and networks must ensure:
3) integrity of the classified information stored, processed or transmitted and system services and resources;
4) availability to authorised users of the classified information stored, processed or transmitted and system services and resources;
5) recording of deliberate or accidental breaches of confidentiality, integrity or availability of the classified information stored, processed or transmitted via ADP systems and networks as well as services and resources of the ADP system and networks;
2. ADP systems and networks must be equipped with the protection mechanisms and security management procedures preventing breaches of security, detecting occurred breaches of security and restoring the confidentiality, integrity and availability to authorised users of the classified information and services and resources of the ADP systems and networks as adversely affected by the breaches of security.
3. The security requirements for ADP systems and networks shall be set forth by an institution performing the functions of the Security Accreditation Authority.
4. ADP systems and networks must be equipped with the means of protection allowing to protect the information classified “Confidential” or above against compromise through electromagnetic emissions. The means of protection applied must be commensurate with the risk of the compromise of information and the prejudice likely to be caused upon the disclosure of the information.
5. All operations of the installation and modification of ADP systems and networks must be carried out with the participation and under the supervision of a responsible person. The persons carrying out the maintenance of the communication facilities and computing devices used for storage or transmission of classified information, ADP systems and networks must be cleared to the highest classification level of the information processed, stored or transmitted in the said equipment or system.
6. The requirements for the means of protection of ADP systems and networks against electromagnetic radiation shall be set forth by the Commission for Secrets Protection Co-ordination.
Article 42. Transmission of Classified Information via ADP Systems and Networks
1. When transmitting classified information via ADP systems and networks, the confidentiality, integrity and availability to authorised users of the classified information must be ensured.
2. When transmitting classified information via ADP systems and networks, confidentiality thereof must be ensured by means of the cryptographic methods and products approved by the National Distribution Authority and the telecommunications protection requirements approved by the National Communications Security Authority.
3. Transmission of classified information via public telecommunications networks in clear text, with the exception of the cases referred to in paragraph 4 of this Article, shall be prohibited.
4. By a decision of the head of an entity of secrets’ structural division housing classified information, the information classified “Restricted”, “Confidential” and “Secret” may be transmitted in clear text, where a state of war or emergency has been declared and means of encrypting are not available, while speed of delivery is more important than the imminent threat of disclosure of the information.
Article 43. Protection of Computer Storage Media
1. All computer storage media used for recording classified information must be adequately identified, held and stored according to the requirements set for the protection of the most highly classified information contained therein.
Article 44. Functions of a Responsible Person in Organising the Protection of ADP Systems and Networks
A responsible person must:
1) ensure the installation, operation and maintenance of means of protection at the workstations with elements of ADP systems and networks;
2) devise telecommunications plans and schemes and specify therein the location of wires, cables, the amount, types, numbering thereof;
3) on the basis of the requirements set by the Security Accreditation Authority, develop, implement and control the procedures for managing security of the ADP systems and networks of an entity of secrets or contractor/sub-contractor and periodically acquaint therewith administrators and users of the ADP systems and networks;
4) prepare the documents required to obtain an authorisation for automatic processing and transmission of classified information via ADP systems and networks, organise the issuance of the authorisation;
5) ensure that ADP systems and networks are handled by the users authorised to familiarise with the classified information stored, processed and transmitted in the ADP systems and networks and related to the discharge of their duties as well as control user actions;
6) exercise control of the administration of user passwords and/or of installations for the user identification;
9) verify the information collected about occurrences (process errors, unauthorised users and operation of the system);
10) notify the head of the contractor/sub-contractor of an entity of secrets or a person authorised by him of any gaps known to exist in the protection afforded to the ADP systems and networks of the entity of secrets, the contractor/sub-contractor and the breaches which have occurred and take remedial measures.
Article 45. Control of the Protection of Classified Information
1. Implementation of the policy of protection of the Republic of Lithuania classified information and carrying out of actions of the protection of classified information in all institutions within the country and abroad shall be controlled by the State Security Department. The Department shall:
1) control compliance with the procedure laid down for classifying, using, storing, destroying and declassifying the information classified “Top Secret”, “Secret” and “Confidential”. An entity of secrets must eliminate the deficiencies established in the course of an inspection by the State Security Department within a time limit laid down by the Department and notify thereof the State Security Department;
2) submit proposals to the Government, the Commission for Secrets Protection Co-ordination on the upgrading of the classified information protection system;
2. Control of the protection of the information classified “Restricted” shall be exercised by the entities of secrets that have this information at their disposal.
3. The persons exercising control of the protection of classified information must hold authorisations to handle or familiarise with the information classified “Top Secret”. The persons exercising control of the protection of the classified information released to the Republic of Lithuania by other states or international organisations must be appropriately security cleared.
4. The persons exercising control of the protection of classified information shall, in the course of inspections, be familiarised with the contents of classified documents only with a consent of the head of an entity of secrets.
5. The persons exercising control of the protection of classified information shall have the right:
1) in accordance with the procedure laid down by an entity of secrets, to access the territories and premises where classified information is processed, stored or transmitted;
2) to familiarise with the documents of an entity of secrets regulating the protection of classified information;
3) to carry out inspections of storage of classified documents or copies thereof, where it is required to establish whether a document (copy thereof) has not been lost and is stored in a place specified in accounting documents;
5) to familiarise with ADP systems and networks designed for the processing, storage or transmission of classified information;
6) to request from responsible persons or from the persons handling classified information oral and written explanations about compliance with the procedure for protecting classified information or breaches of this procedure;
6. Where classified information is suspected to have been lost or compromised, an enquiry shall be conducted by a decision of the head of an entity of secrets. The inspection must:
1) establish and confirm the classification, contents and volume of the classified information lost or disclosed;
2) establish the persons whose actions could have led to the loss or disclosure of classified information;
7. Where, upon the carrying out of the enquiry provided for in paragraph 6 of this Article and the inspection referred to in Article 27 of this Law, it transpires that classified information has indeed been lost or compromised, the head of an entity of secrets shall immediately notify thereof the State Security Department.
8. Where, upon the conducting of an enquiry, it transpires that the classified information released to the Republic of Lithuania by foreign states or international organisations has indeed been lost or compromised, notice shall be immediately given to the Commission for Secrets Protection Co-ordination, appropriate services of the state or international organisation which has released the information and the State Security Department.
Article 46. Liability for Unauthorised Holding of Classified Information, Compromise, Loss, Seizure or Other Unauthorised Acquisition of Classified Information
A person shall be held liable for an unauthorised holding of classified information, the compromise, loss, seizure or other unauthorised acquisition of classified information or for other breaches of the requirements set for the protection of classified information in accordance with the procedure laid down by legal acts.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS
Annex to Republic of Lithuania
Law No IX-1908
of 16 December 2003