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 articles 52 to 55 of the Constitution.Les french and Korean Governments have concluded, on 6 March 2000, an agreement on the protection of classified military information exchanged in the field of military cooperation and weapons. This agreement, including the General delegation for armaments took the initiative, is essentially technical in nature and focuses on a sensitive area. His conclusion was essential to the development of our cooperation with Seoul in the armaments field. Bilateral negotiations for the acquisition of equipment from. french defence by the Korea are in the decision-making phase. The agreement, classic in its presentation, is concluded for a period of five years, II identifies the authorities responsible for safety, in this case the ministries of defence of each of the parties, to work together to ensure the protection of classified information. This linen, they empower and authorise persons with access to such information. In addition, the investigation of safety, loss, compromise, disclosure or any other violation of classified military information their responsibility. The agreement also lays down rules that both sides are committed to respect for the protection of classified information, as they relate to military matters strictly speaking (references to protection of the type "restricted", "confidential defence" or "secret defence") or relate to contracts with similar clauses (empowerment, security in contracts, level of classification of documents annex). Finally, it establishes a regime of access by nationals of one of the parties of the sites of the other party that are kept classified military information or classified projects. Visit requests are transmitted to the national security authority (DRMs in France) through diplomatic channels. This agreement entered into force on 20 July 2000.
Keywords foreign, INTERNATIONAL agreement, BILATERAL agreement, FRANCE, Korea, COOPERATION agreement, COOPERATION military, ARMAMENT, PROTECTION, military classified INFORMATION, marking, use, contract, TRANSMISSION, safety investigation, staff of security JORF n ° 132, June 8, 2002 page 10209 text no. 8 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 relating to the protection of classified military information exchanged in the field of military and armaments, signed cooperation 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 , Having regard to articles 52 to 55 of the Constitution;
Having regard to Decree No. 53-192, 14 March 1953 as amended relating to the ratification and publication of international commitments entered into by France, enacts as follows: Article 1 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 the field of military cooperation and weapons signed at Paris on March 6, 2000, will be published in the Official Journal of the French Republic.


Article 2 the Prime Minister and the Minister of Foreign Affairs, cooperation and la francophonie are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


Appendix A C C O R D between the Government of the Republic French and the Government of the Republic of Korea matter to the PROTECTION of information military classified EXCHANGED in the field of the COOPERATION military and of the weapons the Government of the French Republic and the Government of the Republic of Korea hereinafter referred to as the 'Parties', desirous of ensuring the protection of classified military information exchanged between the Parties in the framework of military cooperation and armament, have agreed as follows: Article 1 object Parties shall take, in accordance with their laws and regulations, all necessary measures for the protection of classified military information exchanged between the Parties or between the private or public Parties in the field of military cooperation and weapons.
Article 2 Definitions for the purposes of this agreement: a) "classified military information" means any information, document, material or official of any equipment type pertaining to the defence both from a scientific and technical, industrial or operational military point of view, it is transmitted orally, visually, in writing or in any other form, which must be protected against a transfer not authorized by the laws and regulations of the party of origin in the interest of the security of the Parties and which is classified by the competent authorities;
(b) the term "classified contracts" means contracts, subcontracts, negotiations before contract or any other arrangement approved by one of the Parties with or between industrial companies of defense, companies, military supplies, other companies or organisations in which are produced, processed, or stored classified; military information
(c) "Party of origin" means the part that delivers or transmits classified the other party military information;
(d) the term "Receiving party" means the party to which is issued or sent military information classified by the other party.
Article 3 security authorities 1. Security of the Parties authorities are responsible for the implementation of this agreement.
2. the security authorities are: 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. In the context of their laws and regulations, the Parties shall take all appropriate measures to ensure the protection of classified military information provided under this agreement, including the negotiation or implementation of agreements and classified contracts.
2. the receiving party shall not provide classified military information generated under this agreement to a third party without the prior written consent of the party of origin.
3. the receiving party shall not use military classified information for purposes other than those for which they were provided, without the prior written consent of the party of origin.
4. the receiving party must not use unclassified information in classified projects for purposes other than those for which it was provided, without the prior written consent of the party of origin.
5. whenever a classified military information is no longer necessary for the purposes for which it was provided, the receiving party shall appropriately: a) return military information classified at the party of origin, or b) destroy military classified information in accordance with procedures to be fixed by mutual agreement.
6. classified military information developed jointly by the two Parties on the basis of agreements or contracts may be downgraded, declassified or transmitted to a third party in the prior written agreement of each party.
Article 5 marking of classified military information 1. After studies between their respective security regulations, the Parties undertake to ensure the protection of classified military information exchanged under this agreement and adopt the equivalence of levels of classification defined in the table below: you can consult the table in OJ n ° w 132, 08/06/2002 page 10209 to 10211 before transmission to the receiving party the party of origin determines the level of classification and brand military classified information with the stamp's classification, as shown in the above table.
2. the party of origin shall inform the receiving party of the classification level of classified military information, dissemination as well as conditions of the restrictions on their use by the receiving party.
3. the receiving party gives the classified military information provided by the party of origin the protection that it accords to its own classified military information of equivalent level of classification.
4. the receiving party cannot in any way change the classification level assigned by the party of origin without prior agreement written latter.
5 only the party of origin is authorized to amend a classification level. If the party of origin shall inform the changes in classification level receiving party, the receiving party amends accordingly the classification level.
Article 6 access to classified military information 1. On the basis of the need to know the classified military information are communicated to the only persons duly authorized and empowered to the appropriate level by their safety authority.

2. no organization or person can be associated with the implementation of agreements or classified contracts or even preliminary studies without having been authorized at the level required by the safety authority.
Article 7 contract containing classified military information 1. The party which intends to a classified contract or to cooperate with a company of the other party must obtain the following prior insurance of the other party: has) that the latter has empowered society at the level required; and (b)) that this company is implementing safety devices prescribed.
2. the party which allows its companies to secure contracts classified with companies of the other party must guarantee to the latter that the licensed company is empowered at the required level and implementing safety devices prescribed.
3. each party provides the other party any information such as the name of the contractor, the object of the contract, the classified elements of operations, prior to the implementation of the contract.
4. classified contracts pursuant to this agreement contain a clause of security appropriate including provisions relating to the protection of the military information classified.
5. such classified contracts include an annex to security in which are specified to protect information by the recipient as well as the classification part that is applicable to them.
6 only the party of origin may change the classification level of information contained in an annex to security. In case of change, the party of origin shall notify the receiving party any modification of a classification level. When all information has been declassified, the party of origin shall inform the receiving party.
Article 8 transmission methods 1. Each Party shall transmit military classified information to the other party through the diplomatic channel or by any other means which may be agreed by the Parties.
2. in the event of emergency, the Parties may transmit military classified information through staff entitled to the required level, designated by the institution concerned by the contract classified and equipped with a special permission. This staff is in advance duly educated duties mandated safety of transported documents.
3. in the case of materials or classified equipment which cannot be routed through the diplomatic channel, due to their size, their weight, their packaging or for any other reason the rules set out in annex I shall apply.
Article 9 Protection of intellectual property rights 1. This agreement affects any of the intellectual property rights to which one of the Parties or any other third party is entitled.
2. in the case of transmission of classified military information, the party of origin shall inform the party recipient that these intellectual property rights are included in this information.
Article 10 visits 1. The visits by nationals of one party to the other party where classified military information or classified projects are held, are granted provided that prior written authorization for such visits has been given by the security authority of the party home. The nationals of a third State visits involving access to classified military information or to areas in which such information can be obtained may be authorised only by mutual agreement between the Parties. Permission to visit according to this paragraph is granted only to the persons mentioned in paragraph 1 of article 6.
2. Requests for visits are transmitted through the diplomatic channel to the authority of the receiving party security. These applications must reach the safety authority within a minimum period of three weeks prior to the requested visit. Visit requests contain the information listed in annex II.
3. a party may request a visit permission, including permission for regular visits to an organization or a given 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 or a lengthening of the period allowed for regular visits is necessary, the party which made the request to visit is a new application for leave to visit within a time limit which may not be less than three (3) weeks before the expiration of the authority regarding the ongoing visit.
4. all visitors must comply with the safety rules and instructions of the host Party.
Article 11 visits by security personnel 1. In accordance with the procedures set out in article 10, the security personnel commissioned from a party, on the request of that party, should be allowed to visit the facilities and installations in the territory of the other party including access to areas in which classified military information are retained, to have access to transmitted classified military information and to discuss with the security authority of the other party of its procedures and practices applicable to the protection of such military information classified.
2. each Party shall assist safety authorized personnel of the other party in the performance of his duties laid down in paragraph 1 of this article.
Article 12 exchange of safety standards 1. In order to achieve and maintain equivalent safety standards between the Parties, each Party shall provide to the other information on its security rules.
2. the Parties shall encourage their security staff to consult and exchange information on safety rules.
Article 13 investigation of safety 1. In the event of loss, compromise, disclosure or any other breach of security, effective or assumed, of classified military information, the receiving party shall immediately inform the party of origin. The recipient party investigates the circumstances of the loss, compromise, disclosure or any other breach of security and takes corrective action. The receiving party shall promptly inform the party of origin of the results of its investigation and corrective action taken.
2. the recipient party investigates any violation of security in accordance with its laws and regulations.
3. the party conducting the inquiry may, if necessary, to the other party request the assistance of experts in the field of classified military information. These applications must be examined with benevolence.
Article 14 settlement of disputes disputes relating to the interpretation or application of this agreement are settled by consultation between the Parties.
Article 15 entry into force, review, modification, duration and denunciation 1. The Annexes to this agreement are an integral part of this agreement.
2. this Agreement shall enter into force on the date on which the Parties have notified each other the completion of their internal procedures necessary for the entry into force of the agreement.
3. this agreement may be reviewed at the request of one of the Parties and amended by agreement mutual between the Parties.
4. this Agreement shall remain in force for a period of five (5) years and shall be automatically extended for consecutive periods of five (5) years, except if one of the Parties notifies its intention to terminate the agreement at least six (6) months before the expiry of this agreement in writing to the other party.
5. the denunciation of this agreement does not affect ongoing projects under this agreement.
6. the obligations resulting from the protection of the military information classified under this agreement continue to apply even in the event of denunciation of this agreement.
In witness whereof, the undersigned, duly authorized by their respective Governments, have signed this agreement.
Done in duplicate at Paris on 6 March 2000, in Korean, and French languages both texts being equally authentic.
For the Government of the French Republic: Mr. Hubert Védrine, Minister for Foreign Affairs, for the Government of the Republic of Korea: Mr. Lee Joung-Binn, Minister for Foreign Affairs, A N N E X E I the rules referred to in paragraph 3 of article 8 are as follows: has) any transport of materials or classified equipment shall be subject to the prior written approval of the safety of each party authority on the need to transport, dates, the means implemented and the implementing rules;
(b) in the case of transport of materials or classified equipment, the sender must notify its intention in a timely fashion to the safety of each party authority, in order to get to her permissions appropriate;
(c) the persons responsible for transport and the ferry should be equipped with a certificate of mail and have instructed their employers any necessary safety devices or classified equipment under their responsibility;
d) each part specifies the routes to be followed within its territory. If periodic shipments must be organised, the points of embarkation or disembarkation, as well as them measures to ensure the safety of equipment and equipment classified during periods of transit and customs clearance, are defined by mutual agreement between the Parties.
A N N E X E I I visit requests shall contain the following information: a) name, date and place of birth, nationality and passport of the visitor number.
(b) title official visitor and name of the entity, of the establishment or of the organization it represents.

c) certificate of the level of empowerment of the visitor by the security authority of the party which made the request to visit;
(d) date scheduled for the visit and duration;
e) name of agencies or facilities to visit;
f) purpose of the visit; and g) names of the people of the host country to meet.


Done at Paris, on 3 June 2002.
Jacques Chirac by the President of the Republic: Prime Minister Jean-Pierre Raffarin the Minister of Foreign Affairs, cooperation and la francophonie, Dominique de Villepin

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