Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Seen them Articles 52 to 55 of the Constitution ;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 2001-1075 of 16 November 2001 publishing the framework agreement between the French Republic, the Federal Republic of Germany, the Kingdom of Spain, the Italian Republic, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland on measures to facilitate the restructuring and operation of the European defence industry, done in Farnborough on 27 July 2000,
Decrete:
The agreement between the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland on the mutual protection of classified information, signed in London on 27 March 2008, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will 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 UNITED KINGDOM OF GREAT BRITAIN AND IRELAND OF THE NORTH CONCERNING THE PROTECTION OF CLASSIVE INFORMATION
The Government of the French Republic and the Government of the Kingdom of Great Britain and Northern Ireland (hereinafter referred to as the "Parties")
Desirous of ensuring the protection of classified information, falling under the responsibility of the respective competent security authorities, which are exchanged between the two States or addressed to commercial and industrial organizations in each of the two States through approved channels, agree, in the interest of national security, the following provisions set out in this Agreement.
This Agreement incorporates the security requirements set out in Chapter 4 of the Framework Agreement between the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Italian Republic, the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Sweden on measures to facilitate the restructuring and operation of the European defence industry, signed on 27 July 2000 and referred to as "the Framework Agreement".
Article 1
Definitions
(1) For the purposes of this Agreement:
1. "Classified Information" all information (i.e., all knowledge that may be communicated in any form) or any material for which it is established that they require protection from unauthorized communication and are referred to as classification;
2. "Contractor", an individual or legal person who concludes or is bound by a contract;
3. "Contract" or "contract of subcontract", a legally applicable agreement under which the parties to this agreement have entered into mutual obligations;
4. "Categorised contract", a contract containing classified information or involving the production, use or transmission of classified information;
5. "Document", any letter, note, minutes, report, service note, signal or message, sketches, photograph, film, card, chart, diagram, plan, notebook, carbon paper, writing machine tape or any other form of recorded information (e.g. tape recording, magnetic recording, perforated cards, tape);
6. "Part of origin", the Government or the competent State Security Authority at the origin of the classified Information;
7° "Recipient Party", the Government or the competent State Security Authority to which classified information is transmitted;
8. "NSA", the National Security Authorities that are responsible for the overall control and implementation of this Agreement;
9. "Competent Security Authority", a designated Security Authority or a competent body authorized in accordance with the national laws and regulations of the Parties and which is responsible for the implementation of this Agreement.
(2) The Parties shall determine that the following security classifications are comparable and covered by this Agreement:
French Republic
TRES SECRET DEFENSE
SECRET DEFENSE
CONFIDENTIEL
DEFENSE
(see paragraphs 1 and 2
below)
United Kingdom
of Great Britain
and Northern Ireland
UK TOP SECRET
UK SECRET
UK CONFIDENTIAL
UK RESTRICTED
1. The French Republic treats and protects the classified information of the United Kingdom bearing the classification "UK RESTRICTED" according to its existing national laws and regulations relating to protected but not classified information of defence such as "RESTREINTE DIFFUSION".
2. The United Kingdom of Great Britain and Northern Ireland treats and protects protected but unclassified defence information transmitted by the French Republic such as "RESTREINTE DIFFUSION" or any other previously notified protective marking, according to its existing national laws and regulations relating to the classification "UK RESTRICTED".
3. In order to maintain comparable security standards and at the request of one of the Parties, each Party shall provide all necessary information regarding national security legislation, regulations and policies that are being applied to ensure the safety of classified information and materials. Each Party agrees to facilitate contacts between the respective competent security authorities.
Article 2
Responsible authorities
The National Security Authority of each State is as follows:
For the French Republic:
General Secretariat of National Defence (S.G.D.N.)
51, boulevard de La Tour-Maubourg, 75700 Paris 07 SP
For the United Kingdom of Great Britain and Northern Ireland:
Cabinet Office
Security Policy Division
26 Whitehall
London SW1A2WH
In order to implement this Agreement, the Parties shall mutually inform themselves with their respective competent security authorities.
Article 3
Security measures
(1) Within the framework of their national legislation, the Parties shall adopt all appropriate measures to ensure the protection of the security of the classified information transmitted to, or transmitted to, detained or produced by, a Contractor or an institution in relation to a contract concluded by a Party in the territory or in the jurisdiction of the other Party.
(2) The Classified Information shall be granted a level of protection at least equivalent to that required for the Classified or Protected Information of the recipient Party whose level of security or protection classification is comparable, as stipulated in paragraph (2) of Article 1 of this Agreement.
(3) The recipient Party restricts access to classified or protected information transmitted by the other Party to persons in need of knowledge and, except in the case of classified information such as UK RESTRICTED and the equivalent French level defined in Article 1 (2) 1. and 2., which have been authorized and authorized to access the Classified Information of a comparable classification level, in accordance with national security regulations.
(4) Individual security clearances for nationals of a Party who are legally resident in the territory of the other Party shall be carried out by the Competent Security Authority of that State, which shall conduct foreign controls if necessary.
(5) An individual security clearance issued by the NO or a competent security authority of a Party shall be accepted by the other Party when access to classified information is required.
(6) Subject to the provisions of subsection (7) of this Article, unless expressly authorized otherwise, the Party concerned shall not disclose, use or permit the disclosure or use of any classified information communicated by the other Party except for the purposes and in the context of any limitation declared by or on behalf of the Party of origin.
(7) In accordance with its national legislation and regulations, the Party concerned shall not transmit to any third State or international organization any classified information provided under the provisions of this Agreement or publicly disclose a classified information without the prior written consent of the Party of origin.
(8) Subject to the provisions of subsections (3) and (7) of this Article, the Party concerned shall not transmit any classified information transmitted under the provisions of this Agreement to any Government, individual, third-party contractor, or international organization, without the prior written authorization of the Party of origin.
(9) Access to classified information of level TRES SECRET DEFENSE / UK TOP SECRET by a person who has exclusively the nationality of a Party is granted without prior authorization from the Party of origin.
(10) Access to classified information of level CONFIDENTIAL DEFENSE / UK CONFIDENTIAL or level SECRET DEFENSE / UK SECRET by a person with exclusively the nationality of a Party to the Framework Agreement is granted without prior authorization from the Party of origin.
(11) Access to classified information of level CONFIDENTIAL DEFENSE / UK CONFIDENTIAL or level SECRET DEFENSE / UK SECRET by a person with dual nationality of a Party and a Member State of the European Union is granted without prior authorization from the Party of origin. Any other access not provided by the subsections of this Article shall be determined by the consultation process described in subsection (12), numbers (1) to (5).
(12) Access to classified information at CONFIDENTIEL DEFENSE / UK CONFIDENTIAL or higher by a person who does not hold the nationality(s) described in paragraphs (9) to (11) above is subject to prior consultation with the Party of origin. The consultation process for these persons is described in paragraphs (1) to (5) below.
1. Parties shall inform and consult each other when access to classified information relating to a specific project or program is to be granted.
2. This process is initiated before the start or, if necessary, during the course of the project or program.
3. Information is limited to the nationality of the persons concerned.
4. A Party consulted determines whether access to classified information by non-Parties to the Framework Agreement is acceptable or not.
5. Such consultations should be undertaken without delay to reach consensus. If consensus cannot be reached, the decision of the Party of origin is accepted. Whatever the case, any refusal is accepted.
(13) However, in order to simplify access to classified information, the Parties shall endeavour to agree in program security instructions (PSIs) or in any other appropriate documentation approved by the relevant Competent Security Authorities, to ensure that the access restrictions specified in paragraph (12), paragraphs 1 to 5 of this Article are less stringent or not required.
(14) When the Party of origin, for national security reasons, requires that access to classified information at the CONFIDENTIAL/UK CONFIDENTIAL or higher level be limited only to persons holding only the nationality of one or both Parties, the said Information is marked with the corresponding security classification and an additional warning " SPECIAL France / United Kingdom" or "For UK/French Eyes Only".
(15) Parties shall ensure, in their territory, the conduct of necessary security inspections and compliance with national security regulations.
Article 4
Contracts classified
(1) A Party intending to conclude or authorize a Contractor of its State to enter into a contract classified with a Contractor of the other Party shall obtain from the Competent Security Authority of the other Party the assurance that the proposed Contractor has an enabling at the appropriate level and the assurance that it has taken the appropriate security measures to ensure the protection of classified information. This assurance states that the Contractor will respect national laws and regulations. Such insurance is not required when the classified contract contains only UK RESTRICTED Classified Information and its French equivalent, as defined in Article 1 (2) 1. and 2. The Competent Security Authority of the Contractor Party shall be responsible for the security procedures of the Authorized Contractor.
(2) A Contractor of a Party entering into a contract with a Contractor of the other Party shall be responsible for providing audit Contractor security clauses for the protection of classified UK RESTRICTED Information and its French equivalent, as defined in Article 1 (2) 1. and 2.
Article 5
Enforcement of classified contracts
Contracts entered into following the receipt of the insurance stipulated in Article 4 of this Agreement and involving Classified Information at the DEFENSE / UK CONFIDENTIAL or higher shall contain a security clause incorporating at least the following provisions:
1. the definition of "classified information" and comparable security classification levels of both Parties in accordance with the provisions of this Agreement;
2. the names of the competent authorities of each of the two Parties authorized to authorize the provision and to coordinate the protection of classified information in relation to the contract;
3. circuits to be used for the transfer of classified information between the competent authorities and the Contractors involved;
4. procedures and mechanisms indicating changes that may affect classified information either because of a modification of their classification or because their protection is no longer necessary;
5. accreditation procedures for visits or access by contracting staff;
6. procedures for the transmission of information classified to Contractors where such information is to be used or retained;
7. the requirement that the Contractor disclose the Classified Information only to a person who needs to know it and to or contribute to the performance of the contract and, except in the case of Classified Information at the UK RESTRICTED level and its French equivalent, as defined in Article 1 (2) 1. and 2., having been previously authorized at the appropriate level;
8. the requirement that, subject to the provisions of paragraph 7 of this Article, the Contractor shall not disclose or permit the disclosure of information classified to a person without the express authorization of the Party of origin;
9. the requirement that the Contractor immediately notify its Competent Security Authority of any loss, leakage or unauthorised disclosure, effective or suspected, of classified information covered by the contract.
Article 6
Marking of classified information
(1) The Party of origin shall ensure that the recipient Party is informed:
1. the classification or protection assigned to the information, ensuring that they are properly marked, and the conditions of disclosure and any applicable restrictions, and
2. any subsequent modification of the assigned classification or protection.
(2) The receiving Party shall ensure that:
1. Classified or protected information shall be marked with the corresponding classification or national security protection, in accordance with the provisions of paragraph (2) of Article 1 of this Agreement;
2. assigned classifications or protections shall not be amended without a written authorization by or on behalf of the Party of origin.
(3) In order to achieve and maintain comparable security standards, each Party shall provide to the other Party, at the request of the other Party, information on its security standards and procedures and practices in the protection of classified information.
Article 7
Reproduction and destruction
(1) Any reproduction or translation of classified information shall be kept to the minimum required and carried out in accordance with the national laws and regulations of the recipient Party.
(2) Information classified at SECRET DEFENSE / UK SECRET and CONFIDENTIEL DEFENSE / UK CONFIDENTIAL must be destroyed so as to make impossible any complete or partial reconstruction when their conservation is no longer necessary or at the end of their validity. According to the requirements of the national laws and regulations of the Parties, written proof of destruction must be retained and provided to the Party of origin upon request.
(3) Classified Level Information TRES SECRET DEFENSE / UK TOP SECRET are not destroyed. When no longer necessary for the recipient Party or at the end of its validity, they are returned to the Party of origin in accordance with Article 8 (1) of this Agreement.
Article 8
Transmission of classified information
(1) Classified Level Information TRES SECRET DEFENSE / UK TOP SECRET is normally transmitted between Parties only through the diplomatic channel. In exceptional circumstances, other modes of transmission may be defined if they are mutually approved in writing by the NO or a competent security authority of each Party.
(2) The Classified Level Information CONFIDENTIAL DEFENSE / UK CONFIDENTIAL or SECRET DEFENSE / UK SECRET is normally transmitted between the Parties by diplomatic means or by other intermediaries approved by the NO or a competent security authority of each Party. These Information carry the classification level and indicate their state of origin.
(3) In the event of an emergency, i.e. only when the use of the diplomatic channel cannot meet the requirements, the Classified Information at the CONFIDENTIEL DEFENSE / UK CONFIDENTIAL level may be transmitted by 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 security program for the management of value items by means of a signature service, including the registration of a continuing liability for custody through a signature and score register, or an electronic tracking and tracking system.
2. This courier company must obtain and provide the sender with proof of delivery on the signature and score register or obtain a receipt bearing the parcel numbers.
3. This courier company must ensure that the shipment will be delivered to the recipient before a date and an hour given within 24 hours.
4. This courier company may designate a commissioner or subcontractor. However, the liability for compliance with the above-mentioned conditions must be borne by the courier company.
(4) Classified UK RESTRICTED Information and its French equivalent, as defined in Article 1 (2) 1. and 2. are transmitted between the Parties in accordance with the national regulations of the shipper that may provide for the use of commercial messaging.
(5) Classified Level Information CONFIDENTIAL DEFENSE / UK CONFIDENTIAL or higher shall not be transmitted in plain by electronic means. Only cryptographic systems approved by the Competent Security Authorities of the Parties are used for the encryption of Classified Level Information CONFIDENTIEL DEFENSE / UK CONFIDENTIAL or higher, regardless of the mode of transmission. The Classified Information at the UK RESTRICTED level and its French equivalent, as defined in Article 1 (2) 1. and 2., is transmitted or consulted electronically (e.g. by means of point-to-point IT links) via a public network as the Internet only using commercial or governmental encryption devices mutually accepted by the competent national authorities. However, telephone conversations, video-conferences or fax transmissions containing classified UK RESTRICTED Level Information and its French equivalent, as defined in Article 1 (2) 1. and 2., may be made clear in the absence of an approved encryption system.
(6) When large volumes of classified information are to be transmitted, the mode of transport, the route taken and the escort (if applicable) are determined jointly, on a case-by-case basis, by the competent security authorities of the Parties.
Article 9
Visits
(1) Each of the Parties authorizes civil or military representatives of the other Party or employees of its Contractors to conduct visits with access to the Information classified in its State institutions, institutions and laboratories, as well as in the industrial establishments of the Contractors, provided that the visitor has an individual security clearance and the need to know about it.
(2) All visitors must comply with the security rules of the Host Party. All classified information provided or made available to visitors must be treated as if provided to the Party to which visitors belong, and must be protected accordingly.
(3) With regard to visits made in the context of classified information to state institutions of the other Party or facilities of a Contractor requiring access to classified information of level TRES SECRET DEFENSE / UK TOP SECRET or access to classified information at levels CONFIDENTIEL DEFENSE / UK CONFIDENTIAL or SECRET DE
(4) With respect to visits in the context of classified information to state institutions of the other Party or to facilities of a Contractor requiring access to classified information at levels CONFIDENTIEL DEFENSE / UK CONFIDENTIAL or SECRET DEFENSE / UK SECRET, the following procedure applies:
l. Subject to the following provisions, these visits are prepared directly between the establishment of origin and the establishment to be visited.
2. With regard to these visits, the following prerequisites must also be met:
(a) The visit is made for an official purpose.
(b) Any establishment of a Contractor to be visited has the appropriate establishment security clearance.
(c) Before arrival, the individual visitor's authorization must be confirmed directly to the establishment to be visited by the person officially responsible for security in the original establishment. To confirm their identity, the visitor must be in possession of an identity card or passport that must be submitted to the security officers of the institution to be visited.
(d) It belongs;
(i) persons responsible for the security of the establishment of origin to verify with its Competent Security Authority that any establishment of a company to be visited is in possession of the appropriate establishment security clearance;
ii) persons responsible for the security of the establishment of origin and the establishment to be visited to establish by mutual agreement the validity of the visit.
(e) The person responsible for the security of the establishment of a company to be visited or, where necessary, of a State institution must verify that all visitors are registered on a register, with indication of their name, organization they represent, the expiry date of their individual security clearance, the date or dates of visits and the names of the persons visited. These records must be kept for a minimum period of two years.
(f) The Competent Security Authority of the Host Party is entitled to require the prior notification of its facilities to be visited for more than 21 days. This competent security authority may then give its agreement, but in the event of a security problem, it consults the NO or the competent security authority of the visitor.
(5) The visits to the UK RESTRICTED protected or classified information and its French equivalent, as defined in Article 1 (2) 1. and 2., are also organized directly between the establishment of origin and the establishment to be visited.
Article 10
Violations of protection provisions
Classified Information
(1) Violations of the provisions relating to the protection of classified information described in this Agreement, in respect of which unauthorized disclosure, destruction, diversion, loss or unauthorized access by an unauthorized person is suspected or found, are immediately notified to the Party of origin by the Competent Security Authority of the recipient Party.
(2) In this case, the competent security authorities conduct an investigation and, if necessary, apply disciplinary sanctions or institute legal proceedings in accordance with national laws and regulations. The other Party shall, if so requested, assist the investigation and be informed of its results.
(3) In the event that a Party would discover such classified information violations having been provided to the other Party, it shall immediately notify the Party concerned of the circumstances of the violation and the results of any investigations carried out.
Article 11
Fees
(1) The implementation of the provisions of this Agreement normally does not entail any specific costs.
(2) Any costs incurred by a Party under the provisions of this Agreement shall be borne by that Party.
Article 12
Relations with other agreements,
Memorandums of Understanding and Arrangements
This Agreement repeals and replaces the Security Agreement in the form of an exchange of letters between the Minister of Defence of the French Republic and the Secretary of State for Defence of the United Kingdom of Great Britain and Northern Ireland in the field of the protection of classified information relating to defence but not concerning atomic energy, signed in Paris on 25 May 1994 and in London on 16 September 1994.
Article 13
Consultations
Each Party authorizes security experts from the other Party to visit its territory from time to time, on a mutual agreement, in order to speak with its NSA or its competent security authorities of the procedures and facilities for the protection of classified information made available by the other Party.
Article 14
Final provisions
(1) Each Party shall notify the other of the performance 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 day on which the second notification is received.
(2) This Agreement may be amended at any time by written consent between the Parties. The amendments come into force under the conditions set out in Article 14 (1) of this Agreement.
(3) Any dispute concerning the interpretation or application of this Agreement shall be resolved exclusively by consultation between the Parties.
(4) Each Party may denounce at any time this Agreement, by written notification transmitted through diplomatic channels, with at least six months' notice. In the event of denunciation of this Agreement, all classified information transmitted or produced on the basis of this Agreement shall continue to be processed in accordance with the provisions of this Agreement.
In faith, the undersigned, duly authorized by their respective Governments, have signed this Agreement.
Done in London on 27 March 2008, in duplicate, in English and French, both texts being equally authentic.
For the Government
of the French Republic,
Jean-Pierre Jouyet,
Secretary of State
European Affairs
For the Government
of the United Kingdom
of Great Britain
and Northern Ireland,
Jim Murphy,
Minister Delegate
European Affairs
Done in Paris, December 16, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
