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Decree No. 2002-921 June 3, 2002, On The Publication Of The Agreement Between The Government Of The French Republic And The Government Of The Republic Of Korea On The Protection Of Classified Military Information Exchanged In L...

Original Language Title: Décret n° 2002-921 du 3 juin 2002 portant publication de l'accord entre le Gouvernement de la République française et le Gouvernement de la République de Corée relatif à la protection des informations militaires classifiées échangées dans l...

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Summary


Application of sections 52 To 55 of the Constitution.The Governments of France and Korea concluded, on 6 March 2000, an agreement on the protection of classified military information exchanged in the field of military cooperation and Armament. This agreement, of which the General Delegation for Armaments has had the initiative, is essentially technical in nature and relates to a sensitive area. His conclusion was essential to the development of our cooperation with Seoul in the field of armaments. Bilateral negotiations for the acquisition of equipment. The agreement, classic in its presentation, is concluded for a period of five years, and II identifies the relevant security authorities, in this case the ministries of the Defence of each of the parties, called upon to work together to ensure the protection of classified information. To this flax, they enable and authorize persons who have access to this information. In addition, the responsibility for conducting a security investigation, in the event of loss, compromise, disclosure or any other breach of classified military information, is the responsibility of the two parties. Undertake to respect for the protection of classified information, whether they relate to military matters as such (information on protection of the type) Restricted distribution "," Defence confidential "or" Defence ") or refer to contracts involving similar clauses (clearances, security annex in contracts, classification level of documents).Finally, it establishes a system of visits by nationals of one of the parts of the sites of the other party on which classified military information or classified projects are held. Requests for visits shall be transmitted to the national security authority (the DRMs in France) through diplomatic channels. This Agreement entered into force on 20 July 2000.

Keywords

FOREIGN AFFAIRS, INTERNATIONAL ACCORD, BILATERAL AGREEMENT , FRANCE, COREE, COOPERATION AGREEMENT, MILITARY COOPERATION, ARMAMENTS, PROTECTION , CLASSIFIED MILITARY INFORMATION, MARKING, USE, CONTRACT, TRANSMISSION , SECURITY SURVEY




STAFF JORF No. 132 of June 8, 2002 page 10209
text # 8



Decree No. 2002-921 of 3 June 2002 on the publication of the agreement between the Government of the French Republic and the Government of the Republic of Korea relating to the Protection of classified military information exchanged in the field of military cooperation and armaments, signed in Paris on 6 March 2000 (1)

NOR: MAEJ0230021D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/6/3/MAEJ0230021D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/6/3/2002-921/jo/texte


The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs, Cooperation and Francophonie,
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 undertaken by France,
.

Article 1


Agreement between the Government of the French Republic and the Government of the Republic of Korea Concerning the protection of classified military information exchanged in the field of military cooperation and armaments, signed in Paris on 6 March 2000, will be published in the Official Journal of the French Republic.

Item 2


The Prime Minister and the Minister for Foreign Affairs, Cooperation and Francophonie are each responsible for the execution of this Decree, which will be published in the Official Gazette of the Republic French.

Appendix


A C C O R D


BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE REPUBLIC OF KOREA RELATING TO THE PROTECTION OF MILITARY INFORMATION CLASSIFIED IN THE FIELD OF MILITARY COOPERATION AND ARMAMENT
The Government of the French Republic and the Government of the Republic of Korea hereinafter referred to as " the Parties ",
Desiring to ensure the protection of classified military information exchanged between the Parties in the framework of military cooperation and armaments,
Have agreed as follows:


Article 1
Subject


The Parties shall, in accordance with their laws and regulations, take all necessary measures to ensure the protection of classified military information exchanged between Parties or between private or public bodies of the Parties in the field of military cooperation and armaments.


Article 2
Definitions


For the purposes of this Agreement:
a) The expression " Classified military information " Means any information, document, material or official equipment of any kind relating to defence from a scientific, technical, industrial or military operational point of view, whether it is transmitted orally, visually, in writing Or in any other form, which must be protected against a transfer not authorized by the national laws and regulations of the Party of origin in the interests of the security of the Parties and which is classified by the competent authorities;
(b) The expression " Classified contracts " Means contracts, subcontracts, pre-contract negotiations or any other arrangement approved by one of the Parties with or between defence industrial companies, military supply companies, other companies or Organizations in which classified military information is produced, processed or preserved;
c) The phrase " Original Party " Means the Party issuing or transmitting classified military information to the other Party;
(d) The expression " To Party " Means the Party to which military information classified by the other Party is issued or transmitted.


Article 3
Security Authorities


1. The security authorities of the Parties shall be responsible for the implementation of this Agreement.
2. Security authorities shall be:
(a) For the Government of the French Republic:
The Minister of Defence;
(b) For the Government of the Republic of Korea:
The Minister of National Defence.


Article 4
Protection and use of classified military information


1. The Parties shall, within the framework of their laws and regulations, take all appropriate measures to ensure the protection of classified military information provided under this Agreement, including for the negotiation or implementation of
receiving Party shall not provide classified military information generated under this Agreement to a third party without the prior written agreement of the Party of origin.
3. The receiving Party shall not use military information classified for purposes other than those for which it was provided without the prior written consent of the Party of origin.
4. The receiving Party shall not use unclassified information relating to projects classified for purposes other than those for which it was provided without the prior written consent of the Party of origin.
5. When classified military information is no longer required for the purposes for which it was provided, the receiving Party shall appropriately:
(a) Return classified military information to the originating Party, or
(b) Destroy classified military information in accordance with procedures to be agreed upon.
6. Classified military information prepared jointly by the two Parties under agreements or contracts shall not be declassified, declassified, or transmitted to a third party in the prior written agreement of each Party.


Article 5
Marking classified military information


1. After mutual studies of their respective security regulations, the Parties undertake to ensure the protection of classified military information exchanged under this Agreement and adopt the equivalency of the levels of Classification defined in the table below:



You can view the table in OJ
No. 132, 08/06/2002 page 10209 to 10211



Before transmission to the receiving Party, the Party of origin determines The classification level and marks military information classified with the classification stamp shown in the table above.
2. The Party of origin shall inform the receiving Party of the classification level of the information Classified military, the conditions of their release and the Restrictions on their use by the receiving Party.
3. The receiving Party shall accord to classified military information provided by the Party of origin the protection it accords to its own classified military information of equivalent classification level.
4. The receiving Party shall in no way change the classification level assigned by the Party of origin without the prior written consent of the Party of origin.
5. Only the Party of origin is permitted to modify a classification level. If the Party of origin informs the receiving Party of changes in classification level, the receiving Party modifies the classification level accordingly.


Article 6
Access to military information Classified


1. On the basis of the need to know, classified military information is only provided to persons duly authorized and authorized at the appropriate level by their Security Authority.
2. No organization or person can be Associated with the implementation of classified agreements or contracts or even preliminary studies without having been authorized to the level required by its Security Authority.


Article 7
Contract with military information Classified


1. The Party intending to enter into a classified contract or to cooperate with a company of the other Party shall obtain the following prior assurances from the other Party:
a) That the latter has the right to the company at the required level; and
(b) That this company implements the prescribed security devices.
2. The Party authorizing its companies to enter into classified contracts with companies of the other Party shall guarantee to the other Party that the authorized company is Is authorized to the required level and implements prescribed security features.
3. Each Party shall provide to the other Party any information such as the name of the contractor, the object of the contract, the classified elements of the transactions, prior to the implementation of the
. Classified contracts awarded in accordance with this Agreement shall contain an appropriate security clause including provisions for the protection of classified military information.
5. Such classified contracts shall contain a security annex specifying the information to be protected by the receiving Party and the classification applicable to them.
6. Only the Party of origin may change the classification level of an information contained in a security annex. In the case of change, the Party of origin shall notify the receiving Party of any changes to a classification level. When all information has been declassified, the Party of origin shall inform the receiving Party.


Article 8
Methods of transmission


1. Each Party shall transmit classified military information to the other Party by diplomatic means or by any other means that may be agreed by the Parties.
2. In the event of an emergency, the Parties may transmit the information Members classified by staff authorised to the level required, appointed by the institution concerned by the classified contract and with a specific authorisation. Such staff shall be in advance duly informed of their duties with regard to the security of the documents
. For classified equipment or equipment that cannot be transported through diplomatic channels because of their size, weight, packaging or for any other reason, the rules specified in Annex I apply.


Article 9
IP Protection


1. This Agreement shall not affect any intellectual property rights to which any Party or any other third party may claim.
2. In the event of the transmission of classified military information, the Party of origin shall inform the Party Recipient that these intellectual property rights are included in this information.


Item 10
Visits


1. Visits by nationals of a Party to a site of the other Party where classified military information or classified projects are detained shall be granted subject to prior written authorisation for such visits. Provided by the security authority of the receiving Party. Visits by nationals of a third State with access to classified military information or to areas in which such information may be obtained may be authorised only by mutual agreement between the Parties. Permission to visit under this paragraph shall be granted only to the persons mentioned in paragraph 1 of Article 6.
2. Requests for visits shall be transmitted through diplomatic channels to the security authority of the receiving Party. Such requests must reach the security authority within a minimum period of three weeks before the requested visit. Visit requests shall contain the information contained in Annex II.
3. A Party may request permission to visit, including authorization for regular visits to a particular organization or institution, for a maximum period of twelve (12) months. If there is a presumption that a particular visit will not be completed within the approved time limit or that an extension of the authorized period for regular visits is required, the requesting Party shall make a new request Permission to visit within a time limit that cannot be less than three (3) weeks before the expiration of the authorization for the current visit.
4. All visitors must comply with the security rules and instructions of the receiving Party.


Article 11
Visits by security personnel


1. In accordance with the procedures set out in Article 10, the mandated security personnel of a Party, on the request of that Party, shall be authorized to visit the facilities and facilities in the territory of the other Party, including access to the Controlled areas in which classified military information is kept, to have access to classified military information transmitted and to discuss with the security authority of the other Party its procedures and practices Applicable to the protection of such military information Classified.
2. Each Party shall assist the authorized security personnel of the other Party in the performance of its duties as provided for in paragraph 1 of this Article.


Article 12
Security Standards Exchange


1. In order to achieve and maintain equivalent safety standards between the Parties, each Party shall provide information on its security rules to the other Party.
2. The Parties shall encourage their security personnel to consult and exchange Security policy information.


Article 13
Security Survey


1. In the event of loss, compromise, disclosure or any other breach of security, actual or presumed, classified military information, the receiving Party shall immediately inform the Party of origin. The receiving Party shall investigate the circumstances of the loss, compromise, disclosure or other security breach and take corrective action. The receiving Party shall promptly inform the Party of origin of the results of its investigation and of the corrective measures taken.
2. The receiving Party shall investigate any security breach in accordance with its laws and
. The Party conducting the investigation may, if necessary, request expert assistance from the other Party in the field of classified military information. These requests should be reviewed with care.


Article 14
Dispute Settlement


Disputes concerning the interpretation or application of this Agreement shall be resolved by Consultation between the Parties.


Article 15
Entry into force, review, modification, duration and termination


1. The Annexes to this Agreement shall form an integral part of this Agreement.
2. This Agreement shall enter into force on the date on which the Parties have notified each other of the completion of their internal procedures necessary for the entry into force Agreement.
3. This Agreement may be reviewed at the request of one of the Parties and amended by mutual agreement between the
. This Agreement shall remain in force for a period of five (5) years and shall be automatically renewed for consecutive periods of five (5) years, unless one Party notifies the other Party in writing of its intention to terminate this Agreement At least six (6) months before the expiration of this Agreement.
5. The termination of this Agreement shall not affect the projects under way under this Agreement.
6. Obligations resulting from the protection of classified military information covered by this Agreement shall continue to apply even in the event of termination of this Agreement.
In witness whereof, the undersigned, duly authorized by their Signed this Agreement.
Done in duplicate at Paris on March 6, 2000, in the French and Korean languages, both texts being equally authentic.


For the Government
of the Republic French:
M. Hubert Védrine,
Minister
of Foreign Affairs,
For the Government
of the Republic of Korea:
M. Lee Joung-Binn,
Minister
of Foreign Affairs,
A N N E X E I


The rules mentioned In paragraph 3 of Article 8 are the following:
(a) Any transport of classified material or equipment shall be subject to the prior written authorisation of the safety authority of each Party, relating to the necessity of transport, the dates, the means implemented and the modalities Enforcement;
(b) In the event of the transport of classified material or equipment, the consignor must notify the security authority of each Party in a timely manner in order to obtain the appropriate authorizations;
(c) Persons responsible for transportation and travel must be provided with Certificate of mail and have received from their employers any instructions necessary for the safety of classified equipment or equipment placed under their responsibility;
(d) Each Party shall specify the routes to be followed in its territory. If periodic shipments are to be arranged, the embarkation or deplaning points, as well as measures to ensure the safety of classified equipment and equipment during transit and customs clearance periods, are Agreed between the Parties.


A N N E X E I I


Visit requests have the following information:
a) Name, date and place of birth, nationality and passport number of the visitor;
b) Official title of the visitor and name of the entity, institution or organization it represents;
c) Certification of the level of clearance of the visitor Visitor granted by the security authority of the requesting Party;
d) Date of visit and duration;
e) Name of organizations or facilities to be visited;
f) Purpose of visit; and
g) Names of persons The host country to meet.


Done at Paris, June 3, 2002.


Jacques Chirac


By the President of the Republic:


Prime Minister,

Jean-Pierre Raffarin

The Minister of Foreign Affairs,

de la coopération et de la francophonie,

Dominique de Villepin


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