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,
Decrete:
The agreement between the Government of the French Republic and the Government of the Republic of Poland concerning the mutual protection of classified information, signed in Warsaw on 28 May 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 FRANÇAISE REPUBLIC AND THE GOVERNMENT OF THE POLAND REPUBLIC CONCERNING THE RECIPROCERN PROTECTION OF CLASSIFED INFORMATION TO VARSOVIE 28 MAY 2008
The Government of the French Republic and the Government of the Republic of Poland, referred to as the Parties, wishing 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 national laws and regulations; agreed on the following provisions:
Article 1
Definitions
For the purposes of this Agreement the terms defined below shall have the following meaning:
1. "Classified Information" means all information and materials, regardless of form, nature or mode of transmission, whether developed or under development, to which a level of classification or protection has been assigned in accordance with the national laws and regulations of the Parties.
2. "Categorised contract" means any contract or contract of subcontract which the development or execution requires access to classified information.
3. "Contractor" means any person with legal capacity to negotiate and enter into classified contracts, including any subcontractor.
4. " Host Party" means the Party on whose territory a visit takes place.
5. "Part of Origin" means the Party, including any public or private body subject to its national laws and regulations, at the origin of the Classified Information.
6. "Recipient Party" means the Party, including any public or private body subject to its national laws and regulations, to whom the Classified Information is transmitted.
7. "National Security Authorities" refers to the authorities responsible for the overall control and implementation of this Agreement.
8. "Relevant Security Authorities" refers to any designated security authority or other competent entity in accordance with the national laws and regulations of the Parties responsible for the implementation of this Agreement.
9. "Need to know" refers to the principle that the person who is to become a recipient of the information may not have access to, knowledge or access to it only in the course of an official function and for the execution of a specific mission.
Article 2
Scope
This Agreement sets out the common security regulations applicable to any exchange of classified information between Parties and their public or private bodies subject to their national laws and regulations.
Article 3
National security authorities
1. The respective national security authorities of States are:
(1) For the French Republic:
National Defence General Secretariat (NDS).
(2) For the Republic of Poland:
SzefAgencji Bezpieczenstwa Wewnetrznego (ABW);
(inner security agency) ― civil domain Szef S1uzby Kontrwywiadu Wojskowego (SKW) ;
(military counterintelligence service) ― military domain.
2. The Parties shall, through diplomatic channels, mutually reinforce any possible change in respect of their national security authorities and their competent security authorities affecting the implementation of this Agreement.
3. Parties agree to facilitate contacts between their national security authorities and their competent security authorities.
Article 4
Principles of protection
Classified Information
1. In accordance with their respective national laws and regulations, both Parties shall take appropriate measures to protect classified information that is transmitted, received or created under the terms of this Agreement.
2. Both Parties shall provide to the Classified Information transmitted, received or created a level of protection equivalent to that granted to their own National Classified Information as defined in Article 5 of this Agreement.
3. Upon receipt of classified information from the Party of origin, the Party concerned shall apply its own national classification in accordance with the equivalences defined in Article 5 of this Agreement.
4. Access to classified information is strictly reserved for individuals who have obtained an appropriate level of clearance and who need to know about it. Access to only classified information facilities does not necessarily require authorization, but an authorization issued by the appropriate National Security Authority or by the competent security authorities of the host party.
5. In the case of an enabling procedure for an individual who has stayed or remains in the territory of the other Party, appropriate national security authorities or competent security authorities of the parties shall provide mutual assistance in accordance with their national laws and regulations.
6. The recipient Party shall not declassify or declassify any classified information received from the Party of origin without the prior written consent of the Party of origin.
7. The Party of origin shall inform the recipient party of any changes to the classification level of the previously transmitted classified Information.
8. The receiving Party shall not disclose any information classified to any third State, international organization or entity or national of any third State, without the prior written consent of the appropriate National Security Authority or the competent security authorities of the Party of origin.
9. Classified Information cannot be used for any purpose other than that for which it was originally transmitted, without the written prior consent of the appropriate National Security Authority or the competent Security Authorities of the Party of origin.
10. The Parties shall, as soon as possible, form any change in their national laws and regulations that would affect the protection of classified information exchanged or produced under this Agreement, including in respect of equivalences defined in Article 5 of this Agreement.
11. In order to ensure compliance with the terms of this Agreement, Parties shall ensure that national legislation and regulations relating to the protection of classified Information are complied with, in particular by conducting inspections at agencies, offices and other facilities under their jurisdiction.
Article 5
Equivalences of classification levels
1. The Parties shall apply the equivalent safety classification levels defined below:
| TRÈS SECRET DÉFENSE | SCISLE TAJNE |
| SECRET DEFENSE | TAJNE |
| CONFIDENTIED | POUFNE |
Article 6
Translation, reproduction and destruction
1. The reproduction of classified information TRÈS SECRET DEFENSE SCISLE TAJNE is not permitted, however, the translation is allowed and requires the prior written agreement of the National Authority of Appropriate Security or the competent security authorities of the Party of origin.
2. The translation and reproduction of classified information SECRET DEFENSE/TAJNE requires the prior written agreement of the appropriate National Security Authority or the competent security authorities of the Party of origin.
3. The classified information TRÈS SECRET DÉFENSE/SCISLE TAJNE are not destroyed. They shall be returned to the Party of origin in accordance with Article 9 of this Agreement.
4. The classified information SECRET DEFENSE/TAJNE or CONFIDENTIEL DEFENSE/POUFNE are destroyed in accordance with the national laws and regulations of the recipient Party in such a way that their total or partial reconstruction is impossible. Upon request, the Party having destroyed the classified Information shall issue a record of that destruction to the other Party.
Article 7
Visits
1. Visits to facilities of one of the Parties where a representative of the other Party has access to classified information or to sites where direct access to such information is possible are subject to prior written authorization from the appropriate National Security Authority or the competent security authorities of the host Party.
2. Visits to the facilities of one of the Parties by third-country nationals involving access to classified information exchanged or produced between the Parties or to sites where direct access to such information is possible require the prior written authorization of the appropriate national security authorities or the competent security authorities of both Parties.
3. The visits referred to in paragraphs 1 and 2 of this Article imply that any visitor has appropriate authorization and the need to know about it.
4. Requests for visits, where access to classified information TRÈS SECRET DÉFENSE/SCISLE TAJNE is required, are sent through diplomatic channels to the appropriate National Security Authority of the host Party.
5. Requests for visits, where access to classified information at the lower level is required, are processed directly between appropriate national security authorities or competent security authorities of the Parties. Requests are sent at least three (3) weeks before the date of the visit.
6. These requests contain the information referred to in paragraphs 1 to 8 below:
(1) Names and names, place and date of birth, nationality and passport or national identity card of the visitor;
(2) The title and functions of the visitor and the name of the establishment that employs it;
(3) The level of accessibility of the visitor, authenticated by an official document issued by the appropriate National Security Authority or by the competent security authorities of the requesting Party;
4) The proposed date and duration of the visit.
5) The purpose of the visit and information relating to subjects that will be treated and the classification level of the classified information involved;
6) The names of the facilities in which the visit is made;
7) The names and names of people hosting the visitor;
8) The date, signature and official stamp of the appropriate National Security Authority or the competent security authorities of the requesting Party.
7. Each Party may request a visit authorization for a maximum period of twelve (12) months. If the extension of a visit is required, the requesting Party may request the renewal of the visiting authorization provided that it is addressed at least three (3) weeks before the current authorization expires.
8. All visitors comply with the host Party's security regulations and instructions.
9. Appropriate national security authorities or competent security authorities of both Parties may draw up and approve lists of personnel authorized to undertake multiple visits in relation to any particular project, programme or classified contract. These lists include the information referred to in paragraph 6 of this Article. These lists are valid for a period of twelve (12) months; this validity period may be extended for a new period not exceeding twelve (12) months. Once these lists have been approved, the conditions for all special visits may be settled directly by the establishments that the persons mentioned on these lists will visit.
Article 8
Contracts classified
1. Prior to the conclusion of a Classified Level Agreement CONFIDENTIAL DEFENSE/POUFNE or higher with a Contractor placed under the jurisdiction of the other Party or to authorize one of its own Contractors to enter into a Contract that is classified in the territory of the other Party, a Party shall, in advance, receive the written assurance of the appropriate National Security Authority or the Competent Security Authorities of the other Party that the
2. Prior to the transmission to Contractors of any information classified by the Party of origin, the appropriate National Security Authority or the competent security authorities of the recipient Party:
(1) Ensure that Contractors and their facilities are able to provide appropriate protection to classified Information;
(2) Provide the required level of clearance for the Contractor's facilities;
(3) Provide the required level of empowerment for people with the need to know about it;
4) Ensure that all persons who have access to classified information are informed of their responsibilities arising from existing national laws and regulations;
5) Conduct security controls at the facilities concerned.
3. If the proposed Contractor has not received an adequate level of authorization, the appropriate National Security Authority or the Competence Security Authority which shall issue it shall forthwith inform the National Authority of appropriate Security or the Competence Security Authority of the other Party that, upon request, the procedures necessary to obtain such authorization shall be implemented.
4. No classified information shall be transmitted to the Contractor proposed prior to receipt of the written assurance provided for in paragraph 1 of this Article.
5. Any classified contract contains a security annex and a classification guide, approved by the appropriate National Security Authority or the competent security authorities of the Party of origin. A copy of these documents is transmitted to the appropriate National Security Authority or to the competent Security Authorities of the recipient Party.
6. The appropriate National Security Authority or the competent security authorities of the Party in the territory of which the classified contract is carried out shall ensure that, as part of the execution of the said contract, a level of security equivalent to that required for the protection of their own classified contracts is applied and maintained.
7. Prior to a contract with a subcontractor, the Contractor must have been authorized by the appropriate National Security Authority or the competent security authorities of the Party of origin. Any subcontractor conforms to the same security conditions as those established for the Contractor.
8. The appropriate National Security Authority or the competent security authorities of the Party of origin shall inform the appropriate National Security Authority or the competent security authorities of the Party concerned of the commencement of the realization of the Contract classified before any exchange of classified information. This notification shall indicate the highest level of classification of information to be transmitted under the Contract.
Article 9
Classified information transmissions
1. Classified Level Information TRÈS SECRET DEFENSE/SCISLE TAJNE shall be transmitted exclusively by diplomatic means, in accordance with national laws and regulations of the Party of origin. However, other arrangements may be made on a case-by-case basis with the mutual consent of the appropriate national security authorities of the two Parties.
2. The classified information of SECRET DEFENSE/TAJNE and CONFIDENTIEL DEFENSE/POUFNE levels shall be transmitted between the Parties in accordance with the national laws and regulations of the Party of origin. The normal channel of transmission is the diplomatic channel, but other means may be put in place on a case-by-case basis if mutually approved by the appropriate national security authorities or competent security authorities of the Parties.
3. The transmissions provided for in paragraphs 1 and 2 of this Article shall meet the following minimum requirements:
(1) The conveyor has an appropriate security clearance.
(2) The Party of origin shall maintain a register of classified information that is transferred and an excerpt from that register shall be provided to the recipient Party upon request;
(3) The classified information is properly packaged and sealed;
4) The receipt of classified information is confirmed in writing.
4. The transmission of a large quantity of classified information shall be organized in accordance with the arrangements made on a case-by-case basis by the appropriate national security authorities or by the competent security authorities of the Parties.
5. The electronic transmission of classified information is only carried out in encrypted form, using cryptographic methods and devices mutually accepted by the appropriate national security authorities or by the competent security authorities of the Parties.
Article 10
Violation of laws and regulations
to the Protection of Classified Information
1. In the event of a violation of national laws and regulations on the protection of classified information exchanged or produced between the Parties, including any loss, destruction, compromise or non-compliance with the provisions of this Agreement, proven or suspected, the appropriate National Security Authority or the competent security authorities of the Party discovering the facts shall promptly inform the appropriate National Security Authority or the competent security authorities of the other Party. This notification must be sufficiently detailed to allow a complete assessment of the consequences.
2. The appropriate National Security Authority or the competent security authorities of the Party discovering the facts mentioned in paragraph 1 of this Article shall immediately conduct an investigation with, where necessary, the participation of the appropriate National Security Authority or the competent security authorities of the other Party and shall notify them of the facts, the results of the investigation and the measures taken to mitigate the effects and to avoid any new occurrence.
Article 11
Fees
1. The application of this Agreement does not generate any specific costs.
2. Any potential costs incurred by a Party as a result of the implementation of this Agreement shall be borne by that Party only within the limits of its budgetary availability.
Article 12
Settlement of disputes
Any dispute between the Parties relating to the interpretation or application of this Agreement shall be resolved exclusively through consultations between the Parties.
Article 13
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. This Agreement shall take effect on the first day of the second month following the day on which the last notification is received.
2. This Agreement shall be concluded for an indefinite period.
3. This Agreement may be amended by mutual written consent between the Parties at any time. Such amendments shall enter into force according to the procedure described in paragraph 1 of this Article.
4. Each Party may, through the diplomatic channel, denounce this Agreement by giving notice of six (6) months in writing. In the event of denunciation, Parties shall continue to ensure the protection of classified information transmitted or produced in accordance with the provisions of this Agreement.
In faith, the representatives of the two Parties duly authorized to do so have signed this Agreement.
Done in Warsaw on 28 May 2008, in two copies, each in French and Polish languages, both texts being equally authentic.
For the Government
of the French Republic:
François Barry Delongchamps
Ambassador of France
Poland
For the Government
of the Republic of Poland:
Krysztof Bondaryk
Chief of the Agency
of Internal Security
Done in Paris, February 24, 2009.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
