Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In light of Decree No. 2001-238 of 14 March 2001 on the publication of The Convention between the Government of the French Republic, the Government of the Federal Republic of Germany, the Government of the Republic of Italian and the Government of the United Kingdom of Great Britain and Northern Ireland establishing the Joint Armaments Cooperation Organization, signed at Farnborough on 9 September 1998;
In view of Decree No. 53-192 of 14 March 1953 Amended on the ratification and publication of international commitments entered into by France,
Demeeting:
The OCCAR security agreement between the Government of the French Republic, the Government of the Federal Republic of Germany, the Government of the Kingdom of Belgium, the Government of the Italian Republic and the Government of the United Kingdom of Great Britain and Northern Ireland, signed in Paris on 24 September 2004, will be published in the Journal Official 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
OCCAR SECURITY
THE GOVERNMENT FROM THE FRENCH REPUBLIC, THE GOVERNMENT OF THE FEDERAL REPUBLIC GERMANY, THE GOVERNMENT OF THE KINGDOM OF BELGIUM, THE GOVERNMENT OF THE ITALIAN REPUBLIC AND THE GOVERNMENT OF THE UNITED KINGDOM OF GRANDE-BRETAGNE AND NORTHERN IRELAND
The members of OCCAR (Joint Organisation for Cooperation in the Field of ) established by the Convention establishing OCCAR signed on 9 September 1998 in Farnborough ("OCCAR Convention"), and referred to in Article 2 of the OCCAR Convention,
hereinafter referred to as " The Parties ",
-recognizing that the execution of OCCAR tasks requires the exchange of classified information;
-willing to ensure the security of classified information generated by or transmitted to OCCAR,
agree to what Follows:
Article 1
1. For the purposes of this Agreement, " Classified information " Any type of information, document or material the unauthorised disclosure of which is likely to cause damage to the interests of the Parties or OCCAR, whether this information is issued within OCCAR or received from the Parties and which has Has been designated by a security classification.
2. Such classified information must be identified either by a national classification mark or by the stamp " OCCAR " Accompanied by the appropriate classification level in accordance with Article 3.
Article 2
Each Party shall:
a) Protect and ensure the security of classified information generated by or transmitted to OCCAR;
b) Maintain the security classification of the information and assign the classified information the appropriate level of protection to the Classification level set by the issuer;
(c) Do not use this classified information for purposes other than those specified in the OCCAR Convention or in the specific arrangements of the programs;
(d) Do not disclose these Information classified to another international organisation, to states Who are not party to this Agreement nor to any other legal entity that is not located in the territory of a Party or is not involved in an activity of OCCAR without:
-the prior written consent of the issuer;
-and an appropriate security arrangement or arrangement;
e) Ensure that the national classified information provided to OCCAR in conjunction with a specific program will not be Disclosed to Parties not involved in the program only with the prior written consent of the issuer;
f) Ensure that the classified information generated within the OCCAR in conjunction with a specific program will not be provided Parties not involved in the program than with prior consent Written by Parties participating in the program.
Article 3
For OCCAR Classified Information, the Stamp " OCCAR " Is used with the following classification levels:
(a) SECRET: this classification is only applied to information whose unauthorized disclosure is likely to cause serious harm to the interests of the Parties or OCCAR;
(b) CONFIDENTIAL: this classification is applied to information whose unauthorized disclosure is likely to cause damage to the interests of the Parties or OCCAR;
(c) RESTRICTED: This classification is applied to information whose unauthorized disclosure is likely to disadvantage the interests of the Parties or OCCAR.
Article 4
1. For the purposes of this Agreement, the measures for the protection of OCCAR safety classifications are equivalent to those of the national security classifications of the Parties as shown in the table below:
You can view the table in OJ
No 172, 27/07/2006 text number 9
2. For the purposes of this agreement, the French Party protects the OCCAR RESTRICTED information and The national RESTREINTES information of the other Parties according to the protective measures accepted by the Parties for OCCAR RESTRICTED. The other Parties to this Agreement shall protect the French national protection marking RESTRICTED according to the protective measures accepted by the Parties for OCCAR RESTRICTED.
3. For the new member states of OCCAR, the equivalence table shall be determined in the invitation made in accordance with Article 53 of the OCCAR Convention.
Article 5
1. The Parties shall ensure that all persons who have access to, or are likely to have access to classified information SECRET or CONFIDENTIAL, have an appropriate security clearance, prior to assuming their duties, and that they Have the "
2. Arrangements for access to classified information CONFIDENTIAL or SECRET are as defined in the OCCAR Security Regulations.
Article 6
1. The Parties concerned shall investigate all cases for which it is recognised or for which there are grounds for suspecting that the classified information provided or generated under this Agreement has been disclosed to persons not Or have been compromised or lost.
2. The Parties concerned shall promptly inform the other Parties and the OCCAR of such events, as well as the final results of the investigation and of the corrective action taken to avoid such events. Repeating.
Article 7
1. The Parties shall ensure that the OCCAR safety regulations adopted in accordance with Articles 12 (g) and 42 of the OCCAR Agreement are in accordance with the provisions of this Agreement.
2. A Security Committee shall be established to study all Security aspects. It shall be composed of representatives of the ANS/ASD representatives of each Party.
Article 8
This Agreement shall in no way preclude the Parties from entering into other agreements concerning the exchange of information Classified by them and have no effect on the scope of this Agreement.
Article 9
1. This Agreement shall be subject to ratification, acceptance or approval by the Parties and shall enter into force 30 days after the deposit by all signatories of their instruments of ratification, acceptance or approval. The depositary shall inform all Parties and OCCAR of the date of entry into force of this Agreement.
2. The Government of the French Republic is the depositary of this Agreement.
3. The Parties shall, at the request of one of the Parties, consider any proposed amendments to this Agreement. Any proposal adopted on the decision of all Parties shall be subject to ratification, acceptance or approval in accordance with the provisions of paragraph 1 of this Article. The amendment shall enter into force thirty days after the date of receipt by the depositary of the instruments of ratification, acceptance or approval of the Parties, and the depositary shall notify all Parties and OCCAR of the date of entry into force Of the amendment. Any new Party to this Agreement shall be automatically bound by the amendment after this amendment enters into force.
Article 10
1. Any dispute concerning the interpretation or application of this Agreement shall be settled by consultation between the Parties. Pending the resolution of any dispute, the Parties shall continue to fulfil all their commitments under this Agreement.
2. Disputes shall not be subject to arbitration by a third State, an international organization or any Other legal person.
Article 11
1. When an invitation is made under the terms of Article 53 of the OCCAR Convention, accession to the OCCAR Convention requires the simultaneous deposit of an instrument of accession to this Agreement.
2. This Agreement shall enter into force for The new Member State on the day the OCCAR Convention enters into force for it.
Article 12
1. A Party may not withdraw from this Agreement or the OCCAR Agreement without withdrawing from the other Party.
2. Where a Party withdraws from this agreement and the OCCAR agreement, the Party concerned shall continue to fulfil its obligations under the provisions of this Agreement.
In witness whereof, the undersigned, duly authorized to that effect by their Signed this Agreement.
Done at Paris, on September 24, 2004, in English, French, German and Italian versions, the four texts being equally authentic, in a single original copy deposited in the archives of the Government of the French Republic, which shall transmit a duly certified copy thereof
For the Government
of the French Republic:
François Lureau,
General Delegate
for Armaments
For the Government
of the Federal Republic of Germany
:
Klaus Neubert,
Ambassador
For the Government of
of the Kingdom of Belgium:
Pierre-Etienne Champenois,
Ambassador
For the Government
of the Italian Republic:
Emilio del Mese,
National Security Authority
For the
Government of the United Kingdom of Great Britain
and Northern Ireland:
Sir John Holmes,
Ambassador
Done at Paris, 25 July 2006.
Jacques Chirac
By the President of the Republic:
Prime Minister,
Dominique de Villepin
The Minister for Foreign Affairs,
Philippe Douste-Blazy
