CLASSIFIED CONTRACTS Clause Samples
The 'Classified Contracts' clause defines the handling and management of contracts that involve classified or sensitive information. It typically outlines the security protocols, access restrictions, and compliance requirements that parties must follow when dealing with government or proprietary classified materials. For example, it may require personnel to have specific security clearances or mandate secure storage and transmission of documents. The core function of this clause is to ensure that all parties protect sensitive information in accordance with legal and regulatory standards, thereby minimizing the risk of unauthorized disclosure or security breaches.
CLASSIFIED CONTRACTS. 1. The Competent Security Authority of a Party, wishing to place a Classified Contract with a Contractor of the other Party, or wishing to authorise one of its own Contractors to place a Classified Contract in the territory of the other Party shall obtain prior written assurance from the Competent Security Authority of the other Party that the proposed Contractor is granted a Facility Security Clearance of the appropriate security classification level.
2. The Contractor shall submit information about potential sub-contractors for approval to the Competent Security Authority, in whose territory the work is to be performed.
3. Each Classified Contract concluded in accordance with this Agreement shall include:
a) commitment of the Contractor to ensure that its premises have necessary conditions for handling and storing Classified Information of the appropriate security classification level;
b) commitment of the Contractor to ensure that persons who perform duties requiring access to Classified Information are authorised in accordance with the national law to have access to Classified Information of the equivalent security classification level;
c) requirement that the Contractor shall ensure that all persons authorised to have access to Classified Information are informed of their responsibility towards the protection of Classified Information in accordance with the national law;
d) list of Classified Information and list of areas in which Classified Information can arise;
e) procedure for communication of changes in the security classification level of Classified Information;
f) communication means and electronic means for transmission;
g) procedure for the transmission of Classified Information;
h) commitment of the Contractor to notify any actual or suspected Breach of Security;
i) commitment of the Contractor to forward a copy of the Classified Contract to its own Competent Security Authority;
j) commitment of the subcontractor to fulfil the same security obligations as the Contractor.
4. As soon as pre-contractual negotiations begin between potential Contractors, the Competent Security Authority of the Originator shall inform the Competent Security Authority of the other Party of the security classification level given to the Classified Information related to those pre-contractual negotiations.
5. A copy of each Classified Contract shall be forwarded to the Competent Security Authority of the Party where the work is to be performed, to allow adequate secu...
CLASSIFIED CONTRACTS. (1) A Classified Contract shall contain provisions on the security requirements and on the Security Classification Level of the information to be released. A copy of the provisions shall be sent to the Competent Authority.
(2) In the context of Classified Contracts, each Party shall recognize the Facility Security Clearances issued by the other Party.
(3) In the context of the preparation or conclusion of Classified Contracts, the Competent Authorities shall inform each other upon request whether a valid Facility Security Clearance has been issued or the relevant proceedings have been initiated and about the security requirements for the Classified Information involved.
(4) The Competent Authorities shall inform each other about any Classified Contracts falling under this Agreement.
(5) The Competent Authorities shall inform each other without delay about any alteration with regard to Facility Security Clearances falling under this Article, in particular about a revocation or an alteration of the Security Classification Level.
(6) The Originator shall transmit to the Recipient and to the Competent Authority of the Recipient a list of the Classified Information to be transmitted under the Classified Contract.
(7) A contractor may hire a subcontractor to fulfil a part of a Classified Contract. Subcontractors shall be subject to the same security requirements as those applicable for the contractor.
CLASSIFIED CONTRACTS. 1. If there is a need to conclude a Classified Contract with a Contractor residing in the territory of the state of the other Party or with Contractor of the other Party residing in the territory of the state of the first men- tioned Party, an assurance from the Competent Security Authority shall be obtained in advance that the proposed Contractor has a security clearance corresponding to the required classification level and has im- plemented appropriate security arrangements to ensure the protection of Classified Information. This assur- ance also involves the obligation to ensure that the security arrangements of the security cleared Contractor correspond to national laws and regulations on protection of Classified Information and that these ar- rangements are supervised by the Competent Security Authority.
2. The Classified Contracts between the legal entities of the states of the Parties shall be concluded in ac- cordance with the national laws and regulations of the states of the Parties.
3. The Competent Security Authority is responsible for ensuring that Classified Information, which has been either released to the Contractor of the other Party or generated in connection with; a Classified Contract, has been assigned a security classification. On request of the Competent Security Authority of one Party, the Competent Security Authority of the other Party shall provide a security requirements list. The Competent Security Authority of one Party shall provide the Competent Security Authority of the other Party with a notification stating that the Contractor has undertaken to observe national laws and regu- lations on the protection of Classified Information.
4. At all events, the Competent Security Authority shall ensure that the Contractor will handle the parts of a contract which require classification, in the same manner as Classified Information of the state of the Contractor in compliance with the security classification defined in the Article 2 of this Agreement.
5. Should the Competent Security Authority approve a classified sub contract, this Article shall apply ac- cordingly.
6. The Competent Security Authorities shall ensure that a Classified Contract is authorized only after the Contractor has implemented all the necessary security measures.
CLASSIFIED CONTRACTS. (1) A Classified Contract shall contain provisions on the security requirements and on the classification level of the information to be released.
(2) In the context of Classified Contracts, each Party shall recognize the Facility Security Clearances issued by the other Party.
(3) In the context of the preparation or conclusion of Classified Contracts, the Competent Authorities shall inform each other upon request whether a valid Facility Security Clearance has been issued or the relevant proceedings have been initiated and about the security requirements for the Classified Information involved.
(4) The Competent Authorities shall inform each other without delay about any alteration with regard to Facility Security Clearances falling under this Article, in particular about a
(5) The Originator shall transmit to the Receiver and to the Competent Authority of the Receiver a list of the Classified Information to be transmitted under the Classified Contract.
CLASSIFIED CONTRACTS. 1. Upon request, the Competent Security Authority of the Recipient shall inform the Competent Security Authority of the Originating Party whether a proposed contractor participating in precontract negotiations or in the implementation of a Classified Contract has been issued an appropriate Security Clearance corresponding to the required security classification level. If the contractor does not hold such a Security Clearance, the Competent Security Authority of the Originating Party may request that the contractor be security cleared by the Competent Security Authority of the Recipient.
2. In the case of an open tender the Competent Security Authority of the Recipient may provide the Competent Security Authority of the Originating Party with the relevant Security Clearance certificates without a formal request.
3. A Facility Security Clearance is not required for Classified Contracts at KÄYTTÖ RAJOITETTU / BEGRÄNSAD TILLGÅNG or EINGESCHRÄNKT level.
4. To allow adequate security supervision and control, a Classified Contract shall contain appropriate security provisions as specified in Annex 1, including a security classification guide. A copy of the security provisions shall be forwarded by the Competent Security Authority of the Originating Party to the Competent Security Authority of the Recipient.
5. Sub-contractors shall be subject to the same security requirements, including due certifications, as the contractor which concluded the Classified Contract.
CLASSIFIED CONTRACTS. 12.1 A Party intending to enter into, or authorise a Contractor in its territory to enter into, a Classified Contract with a Contractor in the territory of the other Party shall obtain written:
(a) confirmation of the security clearance status of the Contractor, and of the Contractor’s personnel who are likely to require access to Classified Information provided to the Contractor in the performance of the Classified Contract; and
(b) information on whether the Contractor is owned or controlled by a Third Party; in accordance with the principles for security cooperation at Annex A.
12.2 The NSA and relevant CSAs of the Party in which territory the Contractor is located shall be responsible for the administration of the security requirements performed under Classified Contracts and ensuring the security conduct of Contractors within its territory.
12.3 Classified Contracts entered into following receipt of the written confirmation provided for in this Article shall contain security requirements incorporating at least the provisions as outlined in Annex B to this Agreement.
12.4 For Classified Contracts involving jointly originated Classified Information the NSAs or relevant CSAs may consult each other and shall mutually agree the provisions of the security requirements clause to be included in the Classified Contract.
12.5 Where a Classified Contract is performed, either in full or in part, in the territory of the other Party, the NSA or relevant CSA of the contracting Party shall provide a copy of the relevant parts of the Classified Contract to the other Party’s NSA or relevant CSA, to allow adequate security monitoring.
12.6 The Party who has entered into the Classified Contract with a Contractor shall ensure that the Contractor:
(a) obtains approval from its NSA or relevant CSA prior to executing a Classified Contract with a sub-contractor, and provides that sub-contractor with the relevant security requirements clause; and
(b) requires a sub-contractor to comply with the same security conditions as a Contractor as set out in this Agreement.
12.7 The Parties shall not disclose or release or provide access to Classified Information to any Contractor unless such disclosure, release or access is in accordance and continuing compliance with the provisions of this Agreement.
CLASSIFIED CONTRACTS. (1) A classified contract shall contain provisions on the security requirements and on the classification of each of its aspects or elements in accordance with the applicable national law.
(2) In the context of classified contracts, the Parties shall mutually recognise the facility security clearances.
(3) In the context of the preparation or conclusion of classified contracts, the competent authorities or agencies shall inform each other upon request, whether a valid facility security clearance has been issued or the relevant proceedings have been initiated.
(4) The competent authorities or agencies shall inform each other without delay in writing about any alteration with regard to facility security clearances falling under this Article, in particular about a revocation or an alteration of the security classification level.
CLASSIFIED CONTRACTS. (1) A Classified Contract shall contain provisions on the security requirements and on the security classification level of each element of the Classified Contract. If there are special project security instructions, a copy thereof shall be forwarded to the Competent Authority of the Party under whose jurisdiction the Classified Contract is to be implemented.
(2) On request, the Competent Authorities shall confirm that proposed contractors as well as individuals participating in pre-contractual negotiations or in the implementation of Classified Contracts have appropriate Personnel Security Clearance certificates or Facility Security Clearance certificates or that the relevant proceedings have been initiated.
(3) The Originator shall transmit to the Receiver and to the Competent Authority of the Receiver a list of the Classified Information to be transmitted under the Classified Contract.
CLASSIFIED CONTRACTS. Classified Contracts referred to in Article 6 of this Agreement shall contain the following information:
CLASSIFIED CONTRACTS. Classified Contracts shall identify the minimum security measures to be applied for the protection of DIENESTA VAJADZĪBĀM and ESA RESTRICTED information, for instance, by making Programme Security Instructions applicable to the Classified Contract. The minimum security measures shall be mutually agreed between the SAs of the Parties. Prior to placing a Classified Contract, the SA of the contracting authority shall inform the SA of the intended contractor.