17 DECEMBER 2001. - An Act to approve the Agreement between the Government of the Kingdom of Belgium and the Government of the Federal Republic of Germany concerning the mutual protection of classified information, signed in Brussels on 7 November 1996 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the Government of the Kingdom of Belgium and the Government of the Federal Republic of Germany on the mutual protection of classified information, signed in Brussels on 7 November 1996, will come out its full and complete effect.
Promulgate this Act, order that it be clothed in the Seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 December 2001.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Defence,
A. FLAHAUT
Seen and sealed the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 2000-2001.
Senate.
Documents. - Bill tabled on June 25, 2001. Report, no. 2-801/1.
Text adopted by the Commission, No. 2-801/2.
Annales parliamentarians. - Discussion, meeting of 10 July 2001.
Voting, meeting of 12 July 2001.
Room.
Session 2000-2001.
Documents. - Project transmitted by the Senate. Report, no. 50-1359/1.
Text adopted in plenary and subject to Royal Assent, No. 50-1359/2.
Annales parliamentarians. - Discussion, meeting of October 18, 2001.
Voting, meeting of 18 October 2001.
(2) This agreement entered into force on 28 February 2002.
Agreement between the Government of the Kingdom of Belgium and the Government of the Federal Republic of Germany concerning the mutual protection of classified information
The Government of the Kingdom of Belgium
and
The Government of the Federal Republic of Germany,
Desiring both of them to ensure, in accordance with the basic principles and minimum security standards adopted by the North Atlantic Organization, the security of classified information exchanged between the official authorities of the two States, or transmitted to German or Belgian industrial firms in the framework of government contracts;
Encouraged by the idea of creating a security regulation, applicable to all cooperation agreements and contracts involving a classified exchange of information that might be concluded between Contracting Parties,
The following agreed:
Article 1^er
Definition and general provisions
For the purposes of this Agreement; the notion of "classified information" includes any material, document, element or substance of any kind, transmitted orally, visually, in writing, electronically or in any other form, to which the competent authorities of a Contracting Party conferred themselves or ordered to confer a degree of classification.
Article 2
Reciprocal protection, authorizations, inspections and controls
(1) Contracting Parties shall take, within the framework of their national legislation, all measures to ensure the safety of classified information, transmitted under this Agreement or produced by an adjudicator under a classified contract. They will ensure the same protection as that granted to their own classified information of an equivalent degree. To the extent that the provisions applicable to classified NATO information provide for stricter protection, Contracting Parties shall apply such protection. The competent bodies of the Contracting Parties shall be aware of the security provisions in force with the other Contracting Party.
(2) The Contracting Parties shall not allow any third State to have access to the so-called classified information without the prior authorization of the competent authority on the order of which the classification has been established and shall use that information exclusively for the purpose indicated.
(3) Access to classified information may only be allowed to persons whose official mission requires that they become aware of it and who, for classified information "CONFIDENTIEL" and above, have been duly authorized and instructed to do so, after having been the subject of a security investigation in accordance with national legislation.
(4) The Contracting Parties shall ensure, each in their territory, that safety provisions are observed and that necessary security inspections are organized.
(5) The competent authorities of a Contracting Party shall jointly authorize the security experts of the other Contracting Party to conduct occasional visits to their respective territories, in order to discuss the procedures and measures to be applied in respect of security and protection of classified information. Any authority concerned will provide these experts with the necessary assistance to enable them to see that classified information provided by the above-mentioned competent authorities has adequate protection. However, no control right is provided.
Article 3
Contracts
(1) The competent authority of a Contracting Party wishing to enter into a classified contract shall notify the competent authority of the other Contracting Party in due course of its intention, indicating to it the chosen contract, the object of the contract and its classified elements.
(2) The competent authority of the Contracting Party to which the procuring party reports shall inform the authority of the other Contracting Party on the security conditions present in the procuring party (firm, personnel, storage of classified information).
Article 4
Attribution of classification, security clause
(1) The competent authority of the Contracting Party to which the procuring party reports shall confer a specified degree of classification to any classified information transmitted or produced under the contract, and shall transmit to the competent authority of the Contracting Party to which the procuring party, in the form of a list, a summary of that classification.
(2) At the same time, the Adjudicator's authority will inform the Adjudicator's authority that the Adjudicator has committed himself to accepting the security requirements of his own Government for the processing of classified information entrusted to him and to make, where necessary, the declarations required for that purpose with the competent authority of his country. To this end, a security clause will be inserted into the contract with the buyer.
(3) The competent authority to which the adjudicator reports shall acknowledge receipt, in writing, of the classification list transmitted to him and shall forward it to the adjudicator.
(4) This authority will ensure that the awardee treats classified elements of the contract in accordance with the security clause, as well as classified information of its own country, according to the degree of classification assigned to them in the classification list transmitted to it.
(5) Contracting Parties shall ensure that no classified contract is awarded or that no phase of classified work is undertaken before the security authority under the contract has confirmed that the required security measures have been taken or may be taken in a timely manner.
(6) Two copies of the contract will be sent to the Government of the country where the work will take place. A copy is intended for the competent government authority, the second to the adjudicator.
(7) To the extent that the competent procuring authority authorizes a subcontract, paragraphs 1 to 6 will also be applied.
Article 5
Classification levels
(1) The classified information transmitted will also be marked by the competent authority of the receiving State, or at its initiative, of the equivalent national level of classification.
The table of equivalence of national classification levels is as follows:
For the Kingdom of Belgium:
TRES SECRET/ZEER GEHEIM
SECRET/GEHEIM
CONFIDENTIEL/VERTROUWELIJK
DIFFUSION RESTREINTE/BEPERKTE VERSPREIDING
For the Federal Republic of Germany:
STRENG GEHEIM
GEHEIM
VS-VERTRAULICH
VSD-NUR FUR DEN DIENSTGEBRAUCH
(2) This requirement to affix classification marks will also apply to classified information produced in the procuring party as part of the execution of classified information contracts and to classified information reproduced for that purpose.
(3) The elements of the contract that do not constitute classified information (e.g., industrial and commercial secrets) must bear a mark that differs significantly from the classification levels listed above.
(4) The modification or deletion of classification levels will only be possible in the receiving State upon request of the original authority or authority that has taken the initiative of the classification. The authority concerned of the State of origin shall inform the other authority of its intention to modify or delete a degree of classification.
Article 6
Transmission of classified information
(1) In principle, classified information will be transmitted from state to state by diplomatic or military mail.
(2) The competent authority shall acknowledge receipt and send them by a safe and protected way to the consignee.
(3) Competent authorities may, as part of a well-determined project, enter into a general or limited arrangement, allowing for the renouncing of the diplomatic mail path for classified information up to the level of classification "SECRET" inclusively, to the extent that the use of the said mail would constitute an exaggerated obstacle to the transport of a contract.
In such cases:
- the person carrying the transport shall be entitled to have access to classified information of an equivalent grade of classification;
- the shipper must keep a record of classified information carried. A copy of this statement will be delivered to the recipient, who will transmit it to the competent authority of his country;
- classified information shall be packaged in accordance with existing standards for the transport of such information within the national territory;
- the delivery of classified information must be carried out against acknowledgement of receipt.
(4) The security authority to which the consignor reports will issue a transport permit pass, which the person responsible for the transport of classified information will have to deal with it.
(5) For the transport of classified information representing a certain volume, the competent authorities will determine case by case the means of transport, itinerary and escort.
Article 7
Visits
(1) Visitors to a Contracting Party may not have access, in the territory of the other Contracting Party, to classified information and protected facilities in which classified information is processed or produced without the prior authorization of the competent authority of the Contracting Party visited. This authorization will only be granted to persons who have been the subject of a security investigation and who have access to classified information.
(2) Visitors will be notified to the competent authority of the Contracting Party visited by the competent authority of the Contracting Party of origin, at least four weeks before the commencement of the visit. The request for a visit will mention, for each visitor, its name, name, place and date of birth, nationality, degree of empowerment and the installation to be visited, the precise purpose and the date of its visit.
(3) The visit authorization may be granted jointly by the competent authorities, for a specified period not exceeding twelve months. In addition, lists of visitors with a valid visitor permission for one year may be exchanged.
Article 8
Security incidents
(1) Any security incident in which a security breach of classified information referred to in this Agreement is presumed or found shall be communicated promptly to the national security authority of the other Contracting Party.
(2) Investigation and prosecution of security offences will be carried out by the competent authorities and courts of the Contracting Party which has jurisdiction, in accordance with national regulations.
Article 9
Fees
In the relationship between Contracting Parties, costs incurred by an authority for the implementation of security measures will not be reimbursed.
Article 10
Competent authorities
The competent governmental bodies and authorities in respect of security in the territory of each Contracting Party shall be designated in the Annex. Any change will be communicated as soon as possible.
Article 11
Influence of other existing agreements
Any agreement and any pre-existing contract between Contracting Parties on the security of classified information shall remain fully applicable, provided that their provisions are not inconsistent with this Agreement.
Article 12
Revision
Any Contracting Party may at any time request in writing a revision of this Agreement. Negotiations on this revision can then be initiated.
Article 13
Entry into force, duration of validity, denunciation
(1) This Agreement shall enter into force one month after the date on which the Contracting Parties have mutually informed themselves that the internal conditions necessary for its entry into force are met.
(2) This Agreement shall be concluded for an indefinite period.
(3) Any Contracting Party may denounce this Agreement in writing, subject to a notice of six months. In such cases, classified information transmitted under this Agreement will continue to be processed in accordance with the provisions of this Agreement.
Done in Brussels on 7 November 1996 in two originals, each in French, Dutch and German languages, each text being equally authentic.
For the Government of the Kingdom of Belgium:
Minister of Foreign Affairs,
E. DERYCKE
For the Government of the Federal Republic of Germany:
Ambassador
Dr. R. HOFSTETTER
Annex
1. Security Authority
For the Kingdom of Belgium:
National Security Authority (ANS)
Ministry of Foreign Affairs
General Service Directorate
rue des Petit Carmes 15
B-1000 Brussels
Tel. 32/2-501-86-15
32/2-501-85-14
Telex: 21376
23979
25733
25731
Telefax: 32/2-501-80-58
For the Federal Republic of Germany:
Bundesministerium des Innern
Referat I S 4
Graurheindorfer Str. 198
D-53117 BONN
Tel.: 49/228-681-5241
49/228-681-5315
Telex: 886896
Telefax: 49/228-681-3791
2. National Security Authority, responsible for visits, transportation (transmission) of classified information, as well as security in industrial enterprises:
For the Kingdom of Belgium
Ministry of National Defence
SGR/SMI
Quartier Reine Elisabeth
rue d'Evere, 1
B-1140 Brussels
Tel. 32/2-701-46-14
Telex: 21808
Telefax: 32/2-243-00-94
For the Federal Republic of Germany:
Bundesministerium für Wirtschaft
Villemombler Strasse 76
D-53123 Bonn
Tel. : 49/228-615-2523/2069 (Visites)
Telex: 886747
Fax: 49/228-615-2676/4007 (Visites) .