Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
In light of articles 52 to 55 of the Constitution;
In light of the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into by France,
Décrète:
Agreement between the Government of the French Republic and the Government of the Federal Republic of Germany On the reciprocal protection of classified information, signed in Berlin on 15 March 2005, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
A C C O R D
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE REPUBLIC FEDERAL GERMANY ON RECIPROCAL PROTECTION OF CLASSIFIED INFORMATION, SIGNED IN BERLIN MARCH 15, 2005
The Government of the French Republic and the Government of the Federal Republic of Germany, hereinafter referred to as the Parties,
Taking into account the Framework Agreement between the French Republic, the Federal Republic of Germany, the Italian Republic, the Kingdom of Spain, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland concerning measures to To facilitate the restructuring and operation of the European defence industry signed on 27 July 2000, hereinafter referred to as the Framework Agreement;
Desiring both to ensure the protection of the classified information exchanged between the Parties in the framework of cooperation agreements concluded or concluded and in the framework of tenders, contracts or orders of public or private bodies of the Parties,
have agreed to the following provisions:
Article 1st
Definitions
For the purposes of this
: Classified information ", the information and material without prejudice to their form, nature and mode of transmission to which a Level of classification of safety or protection and which require, in the interests of national security and in accordance with the national laws and regulations of the Parties, protection against compromise, destruction, Subtraction, disclosure, loss or access of any unauthorized and authorized person.
" Contract or contract classified ", a contract between a natural or legal person authorized by a Party (public/private author of the order) and one Natural or legal person authorised by the other Party (contractor) in which classified information obtained from the State of the author of the order must be transmitted to the contractor or made available to employees of The latter having the task of performing work in the establishments of the author of the order. In a classified contract or contract, classified information may be produced on the basis of the classified information transmitted.
" Party of origin ", the Party issuing or transmitting classified information to the other Party Part.
" Party to which ", the Party to which is issued or transmitted a classified information by the Party of origin
ANS/ASD ", National Security Authority/Designated Security Authority.
Article 2
Equivalencies
1. The Parties state that the following classification levels are comparable:
French Republic
Federal Republic of Germany
TOP SECRET DEFSE
STRENG GEHEIM
SECRET DEFENCE
GEHEIM
CONFIDENTIAL DEFENCE
VS-VERTRAULICH
See paragraph 2 below
VS-NUR FÜR DEN DIENSTGEBRAUCH
2. The French Republic processes and protects classified information of the Federal Republic of Germany bearing the classification VS-NUR FÜR DEN DIENSTGEBRAUCH according to its national laws and regulations applying to protected information. Unclassified defence such as RESTRICTED DISSEMINATION. The Federal Republic of Germany processes and protects protected but unclassified information transmitted by the French Republic, such as RESTRICTED DISSEMINATION according to its national laws and regulations. VS-NUR FÜR DEN DIENSTGEBRAUCH classification.
Item 3
Identification
1. Upon receipt of classified information from the other Party, the receiving Party shall affix its own national classification/protection stamps in accordance with the equivalences and provisions defined in Article 2.
2. The marking requirement also applies to classified information produced in the receiving State from the information transmitted, as well as to the copies made in that State.
3. At the request of the Party of origin, the classification/protection levels shall be modified or cancelled by the authority of the recipient of the information, The Party of origin shall inform the competent authority of the other Party six weeks in advance Of its intention to make such a modification or cancellation.
Article 4
National measures
Within the framework of their national laws and regulations, the Parties shall take all the Measures to protect classified/protected information transmitted in accordance with this Agreement or produced by the Contractor in connection with a classified contract. They shall grant such information at least the same protection as that provided for in the procedure applicable to their own classified/protected information of equivalent level.
Article 5
General rules for access of Individuals
1. Access to classified information classified as CONFIDENTIEL DEFENSE/VS-VERTRAULICH or higher level, in accordance with this Agreement and under the conditions laid down in the following paragraphs, shall be restricted to natural persons who need Know and who has been issued a security clearance at the appropriate level to classify the information to which they need access.
2. Access to classified information of level TOP SECRET DEFEC/STRENG GEHEIM by a natural person who is exclusively a national of a Party to this Agreement shall be granted without prior authorization from the Party of
. Access to information as defined in Article 2 (2) is based on the principle of the need to know and does not require a security clearance.
4. An authorization for access must be sought from the competent authorities of the Party in whose territory it is necessary to access classified information.
5. The Parties to this Agreement shall not make available, communicate or use classified information and shall permit their making available, communication or use only for the purposes and within the limits stipulated by the Party of
. Classified information of either Party may not be communicated by the other to a third State or an international organization without the prior written consent of the Party of origin.
7. The Parties shall ensure, within their respective territories, that security inspections are carried out in accordance with national safety requirements.
Article 6
Access rules for individuals
within the framework of Classified contracts
1. An individual security clearance issued by the ANS/ASD or another competent national authority of a Party to the Framework Agreement shall be accepted by the Parties to this Agreement in the case of jobs involving access to information Classified, as part of classified defence industry contracts.
2. Access to classified information classified as CONFIDENTIAL DEFSE/VS-VERTRAULICH or level SECRET DEFSE/GEHEIM by a person who is exclusively a national of a Party to the Framework Agreement shall be granted without the prior authorisation of the Original Party.
3. Access to classified information classified as CONFIDENTIAL DEFSE/VS-VERTRAULICH or level SECRET DEFSE/GEHEIM by a person having dual nationality of a Party to the Framework Agreement and that of another State of the European Union shall be granted Without the prior authorization of the Party of origin. Any access not provided for in this paragraph should follow the consultation process described in the following paragraph.
4. Access to classified information classified as CONFIDENTIAL DEFSE/VS-VERTRAULICH or level SECRET DEFSE/GEHEIM by a person who does not have the nationality of a Party to the Framework Agreement is subject to prior consultation with the Party Of origin. The consultation process for these persons is as follows:
1 ° The Parties shall inform and consult each other when access to classified information relating to a project/programme is to be granted to nationals States which are not Parties to the Framework Agreement.
2 ° This process must be initiated before the start or, as the case may be, in a project/program.
3 ° The information transmitted is limited to the nationality of the natural persons
Party consulted shall determine whether the access of nationals of non-Parties to the Framework Agreement is acceptable or not.
5 ° These consultations shall be undertaken without delay in order to reach a consensus. If this is not possible, the decision of the Party of origin is accepted.
5. However, in order to simplify access to this classified information, the Parties shall endeavour to agree, in the Programme Security Instructions (PSI) or in any other appropriate documentation approved by the ANS/ASD concerned, To make these access restrictions less stringent or not required.
6. For special security reasons when the Party of origin requires access to level information RESTREINTE/VS-NUR FÜR DEN DIENSTGEBRAUCH, CONFIDENTIAL/VS-VERTRAULICH or level SECRET DEFSE/GEHEIM level is limited Only natural persons having exclusively the nationality of the receiving Party, this information shall bear the indication of their classification and an additional warning " SPECIAL FRANCE-GERMANY "/" Nur für deutsche und französische Staatsangehörige bestimmt ".
Article 7
Contracting with companies
1. Before entering a classified contract of level CONFIDENTIAL DEFSE/VS-VERTRAULICH and SECRET DEFSE/GEHEIM, the author of the order requires, through the authority of which he is responsible, the authority of the contractor to provide him with a Certificate of establishment security to determine whether the intended contractor is subject to security control by the competent authority of his State and whether he has taken the necessary security measures to carry out the contract. In this respect, the following procedure shall be applied:
1 If the contractor has not yet taken the necessary security measures, the competent authority responsible for the author of the order may at the same time request the competent authority responsible for the The contractor to have it take the necessary security measures in accordance with the national safety requirements and then issue the appropriate establishment safety certificate.
2 ° A security clearance Establishment must also be requested when a contractor has been invited to submit an offer or, in the context of a call for tenders, classified information must be sent to the candidates before the contract is
. Requests for the grant of an establishment security clearance for contractors in the State of the other Party shall contain information on the project as well as on the nature, volume and level of security classification Report classified information which is likely to be transmitted to or produced by the contractor, as well as any information which the State in which the company is responsible may need. In addition to the full designation of the company, the applications contain its mailing address and the name, the fixed telephone number and the fax number and the e-mail address of the security official and the first level of clearance of the The establishment.
4 ° The competent authorities of the Parties shall inform each other of any significant change in the security clearance issued.
5 ° Establishment security clearances and applications for Such clearances addressed to the respective competent authorities of the Parties may be transmitted in writing by the diplomatic bag, by mail or by other distribution services, by fax or by other means of transmission Information electronics.
2. Contracts ordered must contain a clause according to which the contractor is obliged to take the necessary measures to protect classified information in accordance with the national security requirements of his country.
3. The authority responsible to the author of the order reports to the contractor, by a separate classification guide, all information which needs to be classified, determines the level of classification necessary and makes this guide Classification in the classified market. It must also forward or forward this classification guide to the authority of the contractor.
4. The competent authorities responsible to the author of the order shall ensure that the classified information is made available to the contractor only when the appropriate establishment security clearance has been transmitted to the authority
Article 8
Transmission of classified information
1. The classified information classified as CONFIDENTIAL DEFSE/VS-VERTRAULICH and above is normally transmitted between the Parties through the diplomatic suitcase of Government to Government. The competent authority shall acknowledge receipt of such information and forward it to the addressee, in accordance with national security
. If the procedures provided for in the preceding paragraph result in an unacceptable delay in transmission, the competent authorities may agree-on a global basis or by setting restrictions-that the classified information of the CONFIDENTIAL level DEFSE/VS-VERTRAULICH and SECRET DEFSE/GEHEIM can be routed through another route. This routing, limited to well-defined establishments, will be carried out under the following conditions:
1. The delivery person is a permanent employee of the dispatching or receiving company, or belongs to the administration, and Has a clearance at least equal to that of the classified information to be transported;
2 ° The consignor shall keep a record of the classified information sent; a copy of the said statement shall be given to the addressee who transmits it To the competent authority;
3 ° Classified information shall be conditioned in accordance with the provisions applicable to carriage within the national territory;
4 ° Remission of classified information shall be made against accused Receipt;
5 ° The delivery person is provided with a letter of mail issued by the authority of the sender or the recipient.
3. For the routing of very large classified information of the CONFIDENTIAL level DEFSE/VS-VERTRAULICH and above, the means of transport, the itinerary and the escort shall be determined, on a case-by-case basis, on the basis of a transport plan to be presented By the person providing the route, by the competent authorities after mutual consultation.
4. In the context of contracts classified, in the event of an emergency, that is to say only where the procedures provided for in Article 8 (1) cannot meet the needs of industry, classified information of level CONFIDENTIAL DEFSE/VS-VERTRAULICH may be transmitted via commercial courier companies, provided that the following criteria are met:
1 ° The courier company is located in the territory of the Parties and has established a A security program for the support of value items with a signature service, including ongoing monitoring and recording to determine at any time that is in charge, or by a system of Register of signatures and points, either by an electronic tracking and recording system.
2 ° The courier company must obtain and provide the sender with proof of delivery on the signature and pointing register, or Courier must obtain a receipt bearing the parcel numbers.
3 ° The courier must ensure that the shipment will be delivered to the recipient before a given date and time within 24 hours.
4 ° The courier can Assign a task to a delegate or subcontractor. However, the responsibility for carrying out the above obligations remains with the courier company.
5 ° The commercial courier company must be approved by the ANS/ASD of one of the Contracting Parties.
5. Information as defined in Article 2 (2) shall be transmitted between the Parties in accordance with the national rules of the consignor, which may provide for the use of commercial courier
. The classified information classified as CONFIDENTIAL DEFSE/VS-VERTRAULICH and above shall not be transmitted by electronic means. Only cryptographic systems approved by the ANS/SDA concerned shall be used for the encryption of classified information at the CONFIDENTIAL DEFSE/VS-VERTRAULICH level and above, regardless of the mode of transmission.
7. Information as defined in Article 2 (2) shall be transmitted or retrieved by electronic means (e.g. point-to-point computer links) via a public network such as the Internet, with the use of systems Commercial encryption approved by one of the Parties to the Framework Agreement and therefore mutually agreed upon by the competent national authorities. However, telephone conversations, video-conferences or telefacsimile transmissions on the dedicated network containing information as defined in Article 2 (2) may be clear, in the absence of a system of Approved encryption.
Item 9
Out-of-Market Visits
1. Visitors from the territory of one of the Parties may not have access to classified information and facilities in which they are located, in the territory of the other Party, only with the prior authorisation of the authorities Concerned. This authority is granted only to persons who have been the subject of a security clearance at the required level and who have the need to know.
2. Requests for visits shall be submitted in a timely manner to the competent authorities of the Contracting Party in whose territory the visitors wish to visit and in accordance with the regulations of the Contracting Party. The competent authorities communicate the details of the requests and ensure the protection of personal data.
3. Requests for visits must be submitted in the language of the country in which the visit or in English is to be carried out and must contain the following particulars:
1 ° First name and surname, date and place of birth and the number of the Visitor's passport or identity card;
2 ° Visitor's nationality;
3 ° Visitor's title and name of the authority or service it represents;
4 ° Visitor's level of clearance for access to classified documents;
5 ° Purpose of the visit and the expected date of the visit;
6 ° Indication of the services, contacts and establishments to which he will be visited.
Article 10
Visits to Classified Markets
1. Within the context of classified contracts, each Party shall permit civil or military representatives of the other Party or employees of its contractors to carry out visits with access to classified information stipulated in a A security protocol or made available by a Party on a case-by-case basis in its institutions, institutions and laboratories of State as well as in the industrial establishments of the contractors, provided that the visitor has a clearance of Appropriate security and the need to know.
2. Subject to the following provisions, these visits are arranged directly between the sending establishment and the host institution:
1 ° All visitors must comply with the security rules of the receiving Party. All classified information communicated or made available to visitors shall be treated as if provided to the Party to which the visitors belong, and shall be protected accordingly.
2 ° Provisions contained in these paragraphs shall apply to the staff of contractors and to military or civilian representatives of the Party who require visits to the following institutions:
a) A service or establishment States of the other Party, or
(b) The institutions of a transnational defence company, another defence company or their subcontractors located in one or more of the Parties to the Framework Agreement, and who shall have access to Classified information classified as CONFIDENTIAL DEFSE/VS-VERTRAULICH and SECRET DEFSE/GEHEIM SECRET.
3 ° These visits are also subject to the following conditions:
a) The visit has an official purpose related to the defence activities of the Parties;
b) The establishment visited shall have an appropriate establishment security clearance, in accordance with the provisions of Article 7, if it is a business establishment.
4 ° Prior to arrival at an establishment, a request for a visit shall indicate the Confirmation of the individual security clearance of a visitor is given directly to the host institution by the security officer of the sending institution. To confirm the identity of the visitor, the visitor must be in possession of an identification/service card or passport to be presented to the security authorities at the host institution.
5. It is the responsibility of the security officers:
a) The sending institution to verify with their NSA/DSA that the establishment of the company visited is in possession of a suitable establishment security clearance;
b) Sending and hosting institutions to agree on the The need for the visit.
6 ° The security officer of the host institution must ensure that all visitors are registered on a register, indicating their name, the organisation they represent, the date of expiry of the The individual security clearance, date (s) of the visit (s) and name (s) of the person (s) visited. These records must be kept for at least five years.
7 ° The ANS/DSA of the receiving Party has the right to require its institutions to be informed prior to a visit if it is to last more than twenty-one days. This ANS/ASD may then agree, but in the event of a security problem, it consults the ANS/DSA of the visitor.
8 ° Visits to level information TOP SECRET DEFSE/STRENG GEHEIM require prior approval by the authorities Of the Parties' competent security. In this case, requests for visits should be made to the relevant security authorities through the official government channels.
9 ° Visits to information as defined in Article 2 (2) shall also be Organized directly, without requiring formal procedures, between the sending institution and the host institution.
Article 11
Mutual Concerts
1. The competent authorities of each Party shall become aware of the rules on the protection of classified information applicable to the territory of the other
. In order to ensure close cooperation in the implementation of this Agreement, the competent authorities shall conduct mutual
. Each Party shall also permit the ANS/ASD of the other Party or any other authority designated by mutual agreement to make visits to its territory to discuss with its security authorities procedures and devices for the protection of Classified/protected information made available by the other Party. Each Party shall assist that authority in its efforts to ensure that such information is sufficiently protected. The terms of the visits shall be fixed by the competent authorities; the provisions of Article 9 shall apply mutatis mutandis.
Article 12
Violations of the provisions
to the mutual protection of Classified information
1. Where an unauthorised disclosure of classified information is presumed or established, the other Party shall be informed as soon as
. Any violation of the provisions relating to the protection of classified information shall be investigated by the competent authorities of the Party in the territory of which the violation was committed. On request, the other Party shall lend its support to these investigations and shall be informed of their results.
Article 13
Fees
Implementation of this Agreement shall not normally generate any costs
In no case any costs incurred by one Party shall be borne by the other Party.
Article 14
Competent Authorities
Each Party shall make known to the other Party Competent authorities for the implementation of this Agreement.
Article 15
Relationship to other agreements
Specific agreements existing between the two Parties and the protection of protection Classified information shall remain in force provided that their provisions are not inconsistent with those of this Agreement.
Article 16
Repeal of the Agreement of 22 June 1978
The Agreement repeals and replaces the security agreement between the Government of the French Republic and the Government of the Federal Republic of Germany on the reciprocal protection of sensitive information of 22 June 1978.
Article 17
Final Terms
1. Each Party shall notify the other of the completion of the constitutional procedures required for the entry into force of this Agreement which takes effect on the first day of the second month following the date of receipt of the second Notification.
2. This Agreement is concluded for an indefinite period.
3. The Parties shall keep each other informed of any changes that may affect the implementation of this Agreement. This applies in particular to the information defined in Article 2 (2).
4. Any Party to this Agreement may, at any time, request in writing to amend this Agreement. It may be amended at any time by written consent of both Parties to this Agreement. If any Party submits such a request, the Parties shall enter into negotiations on this amendment.
5. Each Party may denounce this Agreement with six months' notice through diplomatic channels. In the event of termination, the classified information transmitted or produced by the Contractor under this Agreement shall continue to be processed in accordance with the provisions of Article 4 as long as the existence of the Classification justifies
. 6. Any dispute arising from the application or interpretation of this Agreement shall be resolved exclusively by consultation between the Parties to this Agreement.
Done at Berlin, on March 15, 2005, in duplicate in the French and German languages, the Two texts being equally authentic.
For the Government of
of the French Republic:
Claude Martin
Ambassador of France
For the Government
of the Federal Republic of Germany
:
Thomas Laeufer
Director of Legal Affairs
and Consular of the Department of
Affairs
Done at Paris, March 15, 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister for Foreign Affairs,
Philippe Douste-Blazy
