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Decree No. 2006-452 Of 18 April 2006 On The Publication Of The Agreement Between The Government Of The French Republic And The Government Of The Republic Of Estonia On The Exchange And Mutual Protection Of Classified Information (In...)

Original Language Title: Décret n° 2006-452 du 18 avril 2006 portant publication de l'accord entre le Gouvernement de la République française et le Gouvernement de la République d'Estonie concernant l'échange et la protection réciproque d'informations classifiées (en...

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Keywords

FOREIGN AFFAIRS, INTERNATIONAL AGREEMENT, BILATERAL AGREEMENT, FRANCE, ESTONY, INFORMATION CLASSIFIEE, MATERIAL CLASSIFIES, PROTECTION RECIPROQUE, COMPETENT AUTHORITY



JORF n ° 93 of April 20, 2006 page 5881
text #6




Decree n ° 2006-452 of 18 April 2006 on the publication of the agreement between the Government of the Republic French and the Government of the Republic of Estonia concerning the exchange and mutual protection of classified information (set in an annex), signed in Tallinn on 17 August 2005 (1)

NOR: MAEJ0630043D ELI: https://www.legifrance.gouv.fr/eli/decret/2006/4/18/MAEJ0630043D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2006/4/18/2006-452/jo/texte


The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
In the light of articles 52 to 55 of the Constitution;
Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into by France, Decorated:

Article 1


Agreement between the Government of the French Republic and the Government of the Republic of Estonia concerning the exchange and mutual protection of classified information (an Annex), signed in Tallinn on 17 August 2005, will be published in the Official Journal of the French Republic.

Article 2


The 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 OF ESTONIA CONCERNING EXCHANGE AND PROTECTION RECIPROCAL OF CLASSIFIED INFORMATION (ALL ANNEX)
The Government of the French Republic and the Government of the Republic of Estonia, hereinafter referred to as " Parties ",
Referring to the Treaty of Understanding, Friendship and Cooperation between the French Republic and the Republic of Estonia signed in Paris on January 26, 1993, and
Desiring to ensure the protection of classified information and materials Exchanged or produced between the Parties or between other public or private bodies subject to their respective national laws and regulations and which deal with classified information and materials,
Have agreed as follows:


Article 1
Definitions


Under this Agreement, the following terms are defined for clarity:
1.1." Classified Information " Refers to information and materials, regardless of the form, nature or mode of transmission, whether developed or under development, to which a degree of classification or protection has been assigned and which, in The interest of national security and in accordance with the national laws and regulations of the Parties, require protection against any violation, destruction, misappropriation, disclosure, loss, access by an unauthorized person or any other Compromise type.
1.2." Classified Contract " Refers to any legal relationship that requires access to classified information or the use of Classified Information.
1.3." Contractant " Means any natural or legal person having the legal capacity to negotiate and conclude classified contracts.
1.4." National Security Authority " Means the authority responsible for the overall control and implementation of this Agreement, in accordance with the national laws and regulations of each
. Competent security authorities " Means a Designated Security Authority or any other competent body in accordance with national laws and regulations, responsible for the implementation of this Agreement in the areas concerned.
1.6. Original Party " Refers to the Party, including public/private bodies subject to its national laws and regulations, where classified information is classified.
1.7." To Party " Means the Party, including any public/private body subject to its national laws and regulations, to whom the classified information is communicated.
1.8. Need to know " Means the need to have access to classified information within a specified official function and for the execution of a specific mission.
1.9." Host Party " Means the Party in whose territory a visit takes place.


Article 2
Scope


This Agreement constitutes the common security regulations applicable to all Commitments and contracts concluded or to be concluded by the Parties or by the bodies authorized for this purpose and which concern the exchange of classified information.


Article 3
National security authorities


The National Security Authority of each state is:
For the French Republic: General Secretariat of National Defence (SGDN), 51, boulevard de Latour-Maubourg, 75700 Paris 07 SP;
For the Republic of Estonia: Julgeolekuosakond, Eesti Vabariigi Kaitseministeerium, Sakala 1, 15094 Tallinn.


Article 4
Mutual protection of classified information


4.1. In accordance with their respective national laws and regulations, the Parties shall take all appropriate measures to protect Classified Information which is transmitted, received or created under the terms of this Agreement. The Parties shall provide to Classified Information which has been transmitted, received or created a level of protection equivalent to that accorded to their own National Classified Information, as defined in Article 5 of the present Agreement.
4.2. Access to Classified Information is strictly reserved for nationals of Parties who have obtained an appropriate level of clearance and whose functions provide access to the said essential information on the basis of " Need to know ".
4.3. In the case of a clearance for a national of one of the Parties who has stayed or is still residing in the territory of the other Party, the National Security Authorities/Competent Authorities of the Parties agree to lend a Mutual assistance in accordance with their national laws and
. The receiving Party shall not decommission or declassify any Classified Information received from the Party of origin without the prior written consent of the Party of
. The Parties shall ensure that any requirements concerning their national security laws and regulations covering the safety of agencies, offices and facilities under their jurisdiction are met, inter alia, through inspection visits
4.6. Upon receipt of the Classified Information from the other Party, the receiving Party shall bring its own national classification in accordance with the equivalences defined in Article 5 of this
. The Parties shall promptly keep informed of any changes that would affect the protection of Classified Information exchanged or produced under this Agreement.


Article 5
Security Marks and Equivalencies Classified Information


5.1. The Parties undertake to ensure the protection of the classified information exchanged and adopt the equivalence of the security classification levels defined in the table below:


You can consult the table In OJ
n ° 93, 20/04/2006 text number 6



5.2. The French Republic treats and protects the Estonian Classified Information marked " Piiratud " According to its existing national laws and regulations relating to protected but unclassified information, such as " Restricted distribution ".
5.3. The Republic of Estonia processes and protects Information not classified but bearing a mention of French protection such as " Restricted distribution " According to its national laws and regulations relating to the protection of information " Piiratud ".
5.4. In order to maintain comparable safety standards and at the request of either Party, each Party shall provide all necessary information concerning national laws, regulations and national security procedures applied to ensure that Security of Classified Information. Each Party agrees to facilitate contacts between their National Security Authority/Competent Security Authorities.


Article 6
Use of Classified Information


6.1. The receiving Party shall not disclose Classified Information to any third party without the prior written consent of the Party of
. The classified information transmitted shall not be used for any purpose other than that for which it was originally transmitted, except in the prior written consent of the Party of origin.
6.3. Before the transmission to contractors of any classified information received from the Party of origin, the receiving Party:
(a) shall ensure that the contractors and their installations are capable of providing adequate protection to the Classified information;
b) assigns the required level of clearance to the facilities of the competent Contracting Party;
c) attributes the level of clearance required to persons with the " Need to know " ;
d) ensures that all persons who have access to Classified Information are informed of their responsibilities in terms of protecting Classified Information, in accordance with existing national laws and regulations;
E) regularly check whether their installations comply with the security rules for Classified Information.


Article 7
Translation, Reproduction and Destruction


7.1. The classified information very secret defence/täiesti salajane is not reproduced or translated. Additional original copies may be provided upon written request from the originating Party.
7.2. The classified information very secret defence/täiesti salajane shall not be destroyed unless expressly authorized by the Party of origin. They shall be returned to the Party of origin in accordance with paragraph 10.1 of this Agreement after having been recognized as being no longer necessary.
7.3. The translation and reproduction of classified secret defence/salajane information shall be authorized only with the written consent of the National Security Authority/Competent Security Authorities of the Party of
. Classified Information is destroyed in such a way that full or partial reconstruction is not possible.


Article 8
Visits


8.1. Visits by nationals of a Party to one of the sites of the other Party resulting in access to Classified Information shall be subject to prior written authorization furnished by the National Security Authority/Authorities Security for the host Party.
8.2. Visits by nationals of a third State resulting in access to classified information transmitted by a Party in the direction of the second Party to this Agreement shall be permitted only with the prior written consent of the Original Party.
8.3. Requests for visits, when access to classified information very secret defence/täiesti salajane and secret defence/salajane is required, are addressed through diplomatic channels to the National Security Authority/Competent Authorities of Host Party security. Requests for visits, when access to Classified Information at the lower level is necessary, are dealt with directly between the respective national security authorities/respective security authorities. Requests must be made at least three (3) weeks in advance. Requests for visits shall contain the information set out in the Annex to this
. One or the other party may request a visit authorization for a maximum period of twelve (12) months. If a particular visit is likely not to be concluded within the agreed period, or if an extension of the regular visit period is necessary, the requesting party may request a new visitation on condition that it Sent at least three (3) weeks before the current authorization expires.
8.5. All visitors comply with the security laws and regulations and all the instructions of the host Party.
8.6. The Parties may agree on a list of personnel authorized to carry out several visits in connection with any particular project, programme or contract, in accordance with the terms and conditions agreed upon by the National Authorities of Security/Competent security authorities of both Parties. Initially, these lists are valid for a period of twelve (12) months and, subject to an agreement between the national security authorities/competent security authorities of the Parties, this period of validity may be extended for others Periods not exceeding 12 months.
8.7. The lists referred to in paragraph 8.6. Above shall be drawn up in accordance with the provisions in force in the host Party. Once these lists have been approved by the Parties, the general conditions of all specific visits may be settled directly with the competent authorities in the institutions than the persons mentioned on those lists Are willing to visit and these visits must be carried out in accordance with the approved terms and conditions.
8.8. In the framework of specific cooperation, other procedures may be put in place if they are jointly approved by the national security authorities/competent security authorities and in accordance with laws and regulations Parties.


Article 9
Classified Contracts


9.1. The competent authorities of the Parties intending to enter into a Contract classified with a Contracting Party registered in the territory of the other Party or intending to authorize one of its own Contracting Parties to enter into a Contract classified as The territory of the other Party must first receive from the National Security Authority/Competent Security Authorities of the other Party, the written assurance that the proposed contractor has received an appropriate level clearance and That it has the facilities necessary to handle and store the corresponding Classified Information.
9.2. Any classified contract drawn up between the bodies of the Parties and/or private organisations (such as industries, research centres, support or service facilities, etc.) must contain provisions relating to security conditions And a list of clearances in accordance with the provisions of this Agreement.
9.3. The National Security Authority/Competent Security Authorities of the Party in whose territory the work is to be performed shall be responsible for requiring and ensuring security measures equivalent to those required in accordance with National laws and regulations.
9.4. All subcontractors who have an interest in the sub-contracted sub-contracts will be subject to the prior submission of the Contracting Party to the approval of the National Security Authorities/Competent Authorities. In the event of acceptance, the subcontractors shall comply with the same security conditions as those established for the
. Any notification of a classified contract must first be transmitted to the National Security Authority/Competent Security Authorities of the Party in whose territory the project is to be carried out. This notification must indicate the highest level of classification of the information involved in the Contract.


Article 10
Transmissions between the Parties


10.1. Classified Information of very secret defence/täiesti salajane is normally transmitted through diplomatic channels. However, in certain specific cases, other provisions may be taken with the prior written consent of the competent authorities of the Parties, in accordance with the national laws and regulations of the Party of
. Classified information classified as defence/salajane and confidential defence/konfidentsiaalne shall be transmitted between the Parties in accordance with the national security laws and regulations of the Party of origin. The normal route of transmission is the diplomatic channel, but other means may be put in place in the event of an emergency if they are mutually approved by the respective national security authorities/respective security authorities of the Parts.
10.3. In the cases described in paragraph 10.2, the following requirements shall be met:
(a) the conveyor has authorized access to Classified Information of an appropriate classification level;
(b) the Party of origin shall hold a Register of Classified Information which is transferred and an extract from this register concerning the exchange of Classified Information between the Parties shall be provided to the receiving Party upon request;
(c) Classified Information shall be Sealed envelopes and sealed in accordance with internal transmission regulations;
d) receipt of Classified Information is confirmed in writing.
10.4. The transmission of a large amount of classified information is organized between the Parties on a case-by-case basis.
10.5. The electronic transmission of Classified Information is only made in encrypted form (using mutually agreed cryptographic methods and devices between the National Security Authorities/Competent Authorities of Respective security).


Article 11
Compromise


11.1. In the event of a violation, destruction, misappropriation, unauthorized reproduction, disclosure, loss, or any other type of actual or suspected compromise of any classified information exchanged or produced between the Parties, the receiving Party shall conduct An investigation and takes all necessary measures in accordance with its national laws and regulations in order to limit the consequences and prevent any other occurrence of this kind. The receiving Party shall notify the Party of origin of the facts of this compromise as soon as possible, of the measures taken and of their
. Whatever the source of the compromise, the Parties immediately keep each other informed and provide assistance on request.


Article 12
Fees


12.1. The application of this Agreement does not, in principle, generate any specific costs. In the event that costs are incurred by one of the Parties, such costs shall be borne by the Parties within the limits of its budgetary
. A Party shall not be liable for any costs incurred by the other Party as a result of the application of this Agreement.


Article 13
Dispute Settlement


Any dispute relating to The interpretation or application of this Agreement is resolved exclusively through consultation between the Parties.


Article 14
Final Provisions


14.1. Each Party shall notify the other of the completion of the internal procedures required for the entry into force of this Agreement, which shall take effect on the first day of the second month following the date of receipt of the last Notifications.
14.2. This Agreement shall be concluded for an indefinite period. Each Party may denounce it at any time with six (6) months' notice transmitted through diplomatic
. The termination of this Agreement shall not affect the rights and obligations of Parties related to Classified Information exchanged under this Agreement.
14.4. This Agreement may be amended by the Parties at any time. The amendments shall be recorded in writing and shall enter into force in accordance with the procedures set out in paragraph 14.1.
In witness whereof, the representatives of both Parties duly authorized to that effect have signed this Agreement
Tallinn, 17 August 2005 in duplicate, in the French and Estonian languages, both texts being equally authentic.

Appendix


A N N E X E


A visit request must contain the following information:
(a) The names and names, place and date of birth, nationality and passport number or identity card of the visitor;
(b) The profession and duties of the visitor as well as the name of the institution that employs him;
(c) The level of clearance of the visitor, authenticated by a clearance certificate issued by the requesting Party;
(d) The proposed date and duration The visit;
e) The purpose of the visit and the information on the topics to be processed and the classification level of Classified Information;
f) The name (s) of the institution/establishments, facilities and premises for The visit is carried out;
g) The names and names of those who are welcoming the visitor;
h) The date, signature and official stamp of the National Security Authority/Competent security authorities.


Done in Paris, April 18, 2006.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Dominique de Villepin

The Minister of Foreign Affairs,

Philippe Douste-Blazy


For the Government

of the French Republic:

Chantal de Bourmont,

Ambassador of France

For the

Government of the Republic of Estonia:

Jaak Jöerüt,

Minister of Defense


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