Common use of CLASSIFIED CONTRACTS Clause in Contracts

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. If there is a need An appropriate security clearance shall be issued to conclude a the Contractor before the Classified Contract with a Contractor residing in is concluded. Upon request 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 National Security Authority shall furnish information whether a proposed Contractor has been issued an appropriate security clearance, corresponding to classification level of the Classified Information to be obtained in advance that received, stored and handled. If the proposed Contractor has a security clearance corresponding to the required classification level and has im- plemented does not hold an appropriate security arrangements clearance, the National Security Authority to ensure assign the protection of Classified Information. This assur- ance also involves the obligation Contract, may request for that Contractor to ensure that the be 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 Authoritycleared. 2. The Classified Contracts between the legal entities National Security Authority of the states Party in the territory of which the Classified Contract is to be performed, shall assume the responsibility for prescribing and administering security measures for the Classified Contract under the same standards and requirements that govern the protection of its own Classified Contracts. 3. Sub-contractor(s) engaged into Classified Contract shall comply the security requirements applied to the Contractor. 4. Security instructions will be an integral part of each Classified Contract. These security instructions shall include the following aspects: a) classification levels of the Parties information that will be generated and exchanged in the course of Classified Contract, and list of Classified Information that will be transmitted to the Contractor; b) an obligation that the Contractor shall be concluded disclose the Classified Information only to a person who is authorized in ac- cordance accordance with the national laws and regulations to have access to Classified Information of the states equivalent classification level, who has "need-to- know" and who is employed or engaged in the carrying out of the PartiesClassified Contract; c) procedure for the communication of changes in the classification of information; d) communication channels and means for transmission of Classified Information; e) an obligation to notify about any Breach of Security; f) the procedure for the approval of visits or inspection to facilities of the Contractor; g) an obligation to use the Classified Information under the Classified Contract and only for the purposes related to the subject matter of the Classified Contract; h) strict adherence to the procedures for destruction of the Classified Information. 35. The Competent Security Authority is responsible for ensuring that Copy of the security instructions of any Classified Information, which has been either released Contract shall be forwarded 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 National Security Authority of the other Party shall provide a security requirements list. The Competent Security Authority of one Party shall provide where 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 to be performed to allow adequate security measuressupervision and control.

CLASSIFIED CONTRACTS. 1. If there is a need to conclude a Classified Contract with a Contractor residing 1 — In case of classified contracts concluded and im- plemented 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 one 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 national 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 obtain prior writ- ten assurance that the Contractor has undertaken proposed contractor holds a facility security clearance of an appropriate level. 2 — The contractor commits itself to: a) Ensure that its premises have adequate conditions for the processing of classified information; b) Have an appropriate facility security clearance gran- ted to observe national laws and regu- lations on those premises; c) Have appropriate personnel security clearances gran- ted to persons who perform functions that require access to classified information; d) Ensure that all persons with access to classified in- formation are informed of their responsibility towards the protection of Classified Informationclassified information, according to the law in force; e) Allow security inspections of their premises. 4. At all events3 — Any subcontractor must fulfil the same security obligations as the contractor. 4 — The national security authority shall be responsible for the supervision and control of the compliance of the contractor with the commitments set in paragraph 2 of the present article. 5 — Every classified contract concluded between con- tractors of the Parties, under the Competent Security Authority provisions of the present Agreement, shall ensure that include an appropriate project security instructions identifying the Contractor will handle following aspects: a) Project security classification guide and list of clas- sified information; b) Procedure for the parts communication of a contract which require classification, changes in the same manner as Classified Information classification of information; c) Communication channels and means for electromag- netic transmission; d) Procedure for the transportation of classified infor- mation; e) Authorities competent for the co-ordination of the state safeguarding of classified information related to the con- tract; f) An obligation to notify any actual or suspected com- promise of classified information. 6 — Copy of the Contractor in compliance with project security instructions of any classified contract shall be forwarded to the national se- curity authority of the Party where the classified contract is to be performed to allow adequate security classification defined in the Article 2 of this Agreementsupervision and control. 5. Should 7 — Representatives of the Competent Security Authority approve national security authorities may visit each other in order to analyse the efficiency of the measures adopted by a contractor for the protection of classified information involved in a classified sub contract. Notice of the visit shall be provided, this Article shall apply ac- cordinglyat least, thirty days in advance. 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. If there is a need to conclude a ) Classified Contract Contracts shall be concluded and implemented in accordance with a Contractor residing in the territory national legislation 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 respective Party, an assurance from . Upon request the Competent Security Authority of each Party shall be obtained in advance that provide information whether the proposed potential Contractor has a facility security clearance corresponding to the required security classification level and has im- plemented implemented appropriate security arrangements to ensure the protection of Classified Information. This assur- ance also involves If the obligation potential Contractor does not hold a facility security clearance, the Competent Authority may request for the Contractor to ensure that be cleared. For RESTRICTED level the Parties will provide a security arrangements assurance, as defined in Article 2. (2) A security section or an annex shall be an integral part of the security cleared Contractor correspond to national laws and regulations on protection of every Classified Contract or sub-contract. In this section or annex it shall be specified which 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 will 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 or generated as a result of the other Party or generated in connection with; a Classified implementation of the Contract, and which corresponding security classification level has been assigned a to this information, as well as the minimum security classification. On request measures to be applied for the protection of the Competent Security Authority of one Party, Classified Information. (3) The Classified Contract shall implement the Competent Security Authority of minimum standards and 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 measures for 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 accordance with the same manner as Classified Information national legislation of the state of the Contractor in compliance with the security classification defined in the Article 2 Parties and provisions of this Agreement. (4) The Competent Authority, in whose country the work is to be performed, shall assume responsibility for prescribing and administering security measures for the contract under the same standards and requirements that govern the protection of its own classified contracts. (5. Should ) Sub-contractors interested in classified subcontracts, shall be submitted in advance by the contractor to the Competent Security Authority approve a classified sub contractAuthority, this Article shall apply ac- cordingly. 6. The Competent Security Authorities shall ensure that a Classified Contract is authorized only after or other relevant authority in accordance with the Contractor has implemented all national legislation of the Parties, for issuance of the necessary security measuresclearances or assurances. The sub-contractor must fulfill the same security obligations as have been set for the contractor. (6) Notification of any classified project, agreement, contract or sub-contract shall be forwarded in advance to the Competent Authority of the country where the project is to be performed. (7) Two -2- copies of the security section of any classified contract shall be forwarded to the Competent Authority in whose country the work is to be performed. (8) Prior to release to either Party's contractors or potential contractors of any Classified Information received from the other Party, the receiving Party shall: Ensure that such contractors or potential contractors and their facilities have the capability to protect the Classified Information adequately. Grant an appropriate facility security clearance to the relevant contractors. Grant an appropriate personnel security clearance for all personnel whose duties require access to the Classified Information. Ensure that all persons having access to Classified Information are informed of their responsibilities to protect the Classified Information in accordance with applicable laws. Carry out periodic security inspections of relevant cleared facilities.

CLASSIFIED CONTRACTS. 1. If there is In accordance with the application of the procedural rules laid down in their re- spective national laws and regulations, the Parties shall recognize one other’s establish- ment security clearances. The provisions of article 2, paragraph 2, of this Agreement shall accordingly be applicable. 2. Before concluding a need classified contract with a party to a classified contract under the jurisdiction of the other Party, or authorizing one of its parties to a classified contract to conclude a Classified Contract with a Contractor residing classified contract in the territory of the state other Party, one Party shall receive prior written assurance from the national security authority or the competent security au- thorities 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 conformity with the national laws and regulations of the states lat- ter, to the effect that the party to a proposed classified contract has received clearance at the appropriate level and has taken all appropriate security measures necessary for the protection of the Partiesclassified information. 3. To ensure compliance with security standards in conformity with national laws and regulations, the competent security authorities of either of the Parties may request a security inspection in a particular facility. 4. A classified contract shall contain information on security instructions and a classification guide. Such instructions shall be in conformity with those issued by the competent security authorities of the originating Party. 5. A security annex shall be included with any contractual instrument containing classified information. In that annex the competent security authorities shall specify what must be protected by the recipient Party and the corresponding applicable classification level. The Competent Security Authority is responsible for ensuring that Classified Information, which has been either released originating Party alone may change the classification level of an item of infor- mation defined in a security annex. 6. The national security authority or the competent security authorities in the origi- nating Party shall transmit a copy of the security annex to the Contractor national security authority or the competent security authorities of the other Party. 7. The Party intending to conclude, or generated in connection with; authorize one of its parties to a Classified Contractclassified contract to conclude, has been assigned a security classification. On request of the Competent Security Authority of one Party, the Competent Security Authority classified contract with a party to a classified contract of the other Party shall provide a verify with the national security requirements list. The Competent Security Authority of one Party shall provide authority or the Competent Security Authority competent security authorities of the other Party with a notification stating that the Contractor party to a classified contract concerned has undertaken the appropriate se- curity clearance level needed for performance of the contract. Otherwise the national se- curity authority or the competent security authorities of the recipient Party shall introduce a clearance procedure at the appropriate level. 8. The competent security authorities of the originating Party shall notify the com- petent security authorities of the recipient Party of any classified contract prior to observe national laws and regu- lations on any ex- change of classified information. Such notification must indicate the highest classification level of any information involved in the contract. 9. The competent security authorities of the Party in whose territory the work is to be done are required to ensure that during performance of the classified contract a level of security equivalent to that required for the protection of Classified Informationtheir own contracts is applied and maintained. 410. At all eventsBefore concluding a classified contract with a subcontractor, the Competent Security Authority party to a classi- fied contract shall ensure that the Contractor will handle the parts of a contract which require classification, in obtain authorization from its competent security authorities. Subcon- tractors shall comply with the same manner security requirements as Classified Information of those laid down for 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 party to 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.