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Law Approving The Agreement On Security Of Information Between The Parties To The North Atlantic Treaty, And Appendices I, Ii And Iii, Made In Brussels, 6 March 1997 (1)

Original Language Title: Loi portant assentiment à l'Accord sur la sécurité des informations entre les Parties au Traité de l'Atlantique Nord, et aux Annexes I, II et III, faits à Bruxelles, le 6 mars 1997 (1)

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17 FEBRUARY 2002. - An Act to approve the Agreement on the Safety of Information between the Parties to the North Atlantic Treaty and Annexes I, II and III, made in Brussels on 6 March 1997 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement on the Safety of Information between the Parties to the North Atlantic Treaty, and Annexes I, II and III, made in Brussels, on 6 March 1997, will emerge their full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 February 2002.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Defence,
A. FLAHAUT
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2000-2001.
Senate.
Documents. - Bill tabled on 10 October 2000, No. 2-551/1.
Session 2001-2002.
Report, no. 2-552/2.
Session 2000-2001.
Annales parliamentarians. - Discussion, meeting of 29 November 2000. - Vote, meeting of 29 November 2000.
Room.
Documents. - Project transmitted by the Senate, No. 50-1535/1. - Text adopted in plenary and subject to Royal Assent, No. 50-1535/2.
Annales parliamentarians. - Discussion, meeting of 18 December 2000. - Vote, meeting of 20 December 2000.

AGREEMENT ON THE SECURITY OF INFORMATION SUBMITTED BY PARTIES TO THE WORK OF THE NORTH ALANTIQUE
Parties to the North Atlantic Treaty, signed in Washington on 4 April 1949;
Reaffirming that the effectiveness of political consultation, cooperation and the establishment of defence plans for the purposes of the Treaty requires the exchange of classified information among Parties;
Considering that provisions are necessary between the Governments of the Parties to the North Atlantic Treaty for the mutual protection and safeguard of classified information exchanged between them;
Considering that a general framework for security standards and procedures is necessary
Acting on their own behalf and on behalf of the North Atlantic Treaty Organization, agreed as follows:
Article 1er
Parties:
(i) Ensure protection and backup:
(a) classified information (see Annex I), identified as such, originating from NATO (see Annex II) or submitted to NATO by a Member State;
(b) classified information, identified as such, submitted by a Member State to another Member State in support of a NATO programme, project or contract;
(ii) maintain the security classification of the information referred to in paragraph (i) above and make every effort to ensure their protection accordingly;
(iii) refrain from using classified information referred to in paragraph (i) above for purposes other than those provided for in the North Atlantic Treaty or any decisions and resolutions related to it;
(iv) refrain from communicating the information referred to in paragraph (i) above to non-NATO Parties without the consent of the original authority.
Article 2
Pursuant to Article 1er of this Agreement, the Parties shall ensure the establishment of a national security authority for the activities of NATO, an authority that implements preventive security systems. Parties establish and apply security standards that ensure the same degree of protection of classified information.
Article 3
(1) Parties must ensure that any national who, in performing his or her official duties, would need access to classified information CONFIDENTIEL and above or may have access to such information, has an appropriate security clearance before taking office.
(2) The purpose of security clearance procedures is to determine whether a person may, in the light of his/her loyalty and reliability, have access to classified information without an unacceptable security risk.
(3) Upon request, Parties shall cooperate with other Parties in the implementation of their respective security clearance procedures.
Article 4
The Secretary-General must ensure that the provisions of this Agreement are implemented by NATO (see Annex III).
Article 5
This Agreement does not in any way prevent Parties from entering into other agreements relating to the exchange of classified information that emanate from them and which do not relate to the purpose of this Agreement.
Article 6
(a) This Agreement shall be open for signature by the Parties to the North Atlantic Treaty and shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval will be deposited with the Government of the United States of America.
(b) This Agreement shall enter into force thirty days after the date of the deposit by two signatory States of their instruments of ratification, acceptance or approval. For each of the other signatory States, it will enter into force thirty days after the deposit of their own instrument of ratification, acceptance or approval.
(c) With respect to the Parties for which it has entered into force, this Agreement will cancel and replace the "Convention on Security among the States Signatories to the North Atlantic Treaty" approved by the North Atlantic Atlantic Council in Annex A (paragraph 1er) to the Appendix to the Part attached to D.C. 2/7, dated April 19, 1952, and then incorporated in the Attachment "A" (paragraph 1er) to C-M(55)15(Definitive), approved by the North Atlantic Council on March 2, 1955.
Article 7
This Agreement shall remain open to the accession of any new State Party to the Treaty of the North Alliance in accordance with its own constitutional procedure. His instrument of accession must be deposited with the Government of the United States of America. This Agreement shall enter into force for each State to accede to it thirty days after the date of deposit of its instrument of accession.
Article 8
The Government of the United States of America will inform the Governments of other Parties of the deposit of each instrument of ratification, acceptance, approval or accession.
Article 9
This Agreement may be denounced by each Party by means of a written notification of denunciation to the depositary, which shall inform all other Parties of this notification. The denunciation shall take effect one year after receipt of the notification by the depositary. However, it will not affect obligations or rights or faculties previously acquired by the Parties under the provisions of this Agreement.

Annex Ier
This Annex is an integral part of the Agreement.
The classified NATO information is defined as follows:
(a) the term "information" means any knowledge that may be communicated in any form;
(b) "classified information" means information or material that must be protected against unauthorized disclosure, in accordance with their security classification;
(c) the term "material" includes the document and any machine, equipment or weapon element, manufactured or in the course of manufacture;
(d) the term "document" means any recorded information, regardless of the form or physical characteristics, including without any restrictions the writings and printed material, the cards and the perforated strips, the geographical maps, the graphics, the photographs, the paintings, the drawings, the engravings, the sketches, the notes and working documents, the carbons and the tapes made by the encreurs, or the reproductions made by

ANNEX II
This Annex is an integral part of the Agreement.
For the purposes of this Agreement, the word "NATO" means the North Atlantic Treaty Organization, and the Organizations governed by either the Convention on the Status of the North Atlantic Treaty Organization, National Representatives and International Personnel signed in Ottawa on 20 September 1951, or the Protocol on the Status of International Military Headquarters created under the North Atlantic Treaty Treaty signed in Paris on 28 August 1952.

ANNEX III
This Annex is an integral part of the Agreement.
Consultations are held with military commanders to respect their prerogatives.
In faith, the following Representatives, duly authorized to do so by their respective Governments, have signed this Agreement.
Done in Brussels on 6 March 1997 in a single copy, in English and French, each text being equally authentic, which will be deposited in the archives of the Government of the United States of America, which will transmit certified copies to each of the other signatories.
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