Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of State, Minister for Foreign and European Affairs,
Considering the Constitution, in particular articles 52 to 55;
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 Croatia on the mutual protection of classified information, signed in Zagreb on 25 January 2011, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister of State, Minister for Foreign and European Affairs, are responsible, each with regard to him, 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 CROATIAN REPUBLIC ON THE MUTUAL PROTECTION OF CLASSIVE INFORMATION
The Government of the French Republic
and the Government of the Republic of Croatia
below referred to as "Parties",
Desirous of ensuring the protection of classified information and materials exchanged or produced between the two States or between public or private bodies subject to their respective national laws and regulations,
The following provisions were agreed:
Article 1
Definitions
For the purposes of this Agreement:
1. "Classified Information" means information, documents and materials, regardless of form, nature or mode of transmission, whether developed or under development, to which a degree of classification or level of sensitivity has been assigned and which, in the interest of national security and in accordance with the national laws and regulations of the Parties, require protection against any violation, destruction, diversion, disclosure, loss or other access by
2. "Classified Contract" means a contract, subcontract or project whose development and execution require access to classified information or the use and production of classified information.
3. "Contracting Party" means any natural or legal person with the legal capacity to negotiate and enter into classified contracts.
4. "National Security Authority" (ANS) means the national authority responsible for the general control and application of this Agreement for each Party.
5. "Relevant Security Authorities" means any designated security authority (DSA) or any other competent entity authorized in accordance with the national laws and regulations of the Parties, which is responsible for the application of this Agreement in the areas concerned.
6. "Part of Origin" means the Party, including any public or private body subject to its national laws and regulations, which generates or provides classified information to the other Party.
7. "Recipient Party" means the Party, including any public or private body subject to its national laws and regulations, to which classified information is transmitted.
8. " Host Party" means the Party on whose territory a visit takes place.
9. "Need to know" means the need to have access to classified information as part of a specific official function and to perform a specific task.
10. "Tierce part" means any State, organization, legal or physical person not party to this Agreement.
Article 2
Scope
This Agreement shall constitute the common security regulation applicable to any exchange of classified information between the Parties or between their public or private bodies subject to their national laws and regulations (and authorized for that purpose).
Article 3
National security authorities
The NOA for each Party is:
For the French Republic:
General Secretariat of Defence and National Security (SGDSN) 51, bd of La Tour-Maubourg
75700 PARIS 07 SP
For the Republic of Croatia:
Ured Vijeca za nacionalnu sigurnost (UVNS)
Jurjevska 34
10 000 ZAGREB
The Parties shall keep each other informed, through diplomatic channels, of any change in their NSOs and their relevant security authorities.
Article 4
Security principles
1. In accordance with their respective national laws and regulations, the Parties shall take appropriate measures to protect the Classified Information transmitted, received or generated under the provisions of this Agreement and shall grant them a level of protection equivalent to that applied to their own Classified National Information as defined in Article 5, paragraph 1.
2. 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 paragraph 1 of Article 5.
3. Access to classified information is strictly reserved for nationals of the Parties who have obtained the appropriate authorization and whose functions render access to such information essential, based on the need to know it.
4. The recipient Party shall not declassify or declassify classified information transmitted without the prior written consent of the Party of origin.
5. Parties shall be kept mutually informed without delay of any changes affecting the protection of classified information exchanged or produced under this Agreement.
6. The Classified Information transmitted cannot be used for purposes other than those transmitted to them. Parties shall ensure that any requirements arising from their national security laws and regulations relating to the security of agencies, offices and institutions under their jurisdiction are met, including through inspection visits and inspections.
Article 5
Safety classifications and equivalences
1. Parties undertake to ensure the protection of classified information exchanged and adopt the safety classification equivalences defined in the table below:
| TRES SECRET DEFENSE | VRLO TAJNO |
| SECRET DEFENSE | TAJNO |
| CONFIDENTIED DEFENSE | POVJERLJIVO |
| (see paragraphs 5.2. and 5.3 below) | OGRANICENO |
Article 6
Safety clearance procedure
1. With a view to accessing classified information at the CONFIDENTIEL DEFENSE/POVJERLJIVO level or at a higher level, each Party shall, in accordance with its national laws and regulations, conduct a security clearance procedure.
2. With regard to the security clearance of a national of one of the Parties who has stayed or is still in the territory of the other Party, the NSAs of each Party shall provide mutual assistance in accordance with their national laws and regulations.
3. Parties shall mutually recognize security clearances issued to their nationals in connection with access to classified information.
4. If a Contracting Party registered in the national territory of that Party is the property or is under the control of another State whose purposes are not compatible with the interests of that Party, the Contracting Party in question shall not be granted security clearance. ANS or the competent security authorities of the Parties that have requested security clearance from the establishments must be informed as soon as possible.
5. The NSOs or the relevant security authorities shall be kept informed of the changes affecting the security clearances of their nationals under this Agreement, in particular in the event of withdrawal of authorization or reduction of their level.
Article 7
Use of classified information
1. The recipient Party shall not disclose the Classified Information exchanged or produced under this Agreement to a third party without the prior written consent of the NO or competent security authorities of the Party of origin;
2. Classified information produced jointly by Parties under agreements, contracts or in any common activity shall not be declassified, declassified or transmitted to a third party without the prior written consent of the other Party.
3. Before transmitting to the Contracting Parties classified information received from the Party of origin, the competent security authorities of the Party concerned shall:
(a) Ensure that contracting parties and their institutions are able to provide appropriate protection to classified information;
(b) Provide the required level of clearance to the establishments of the Contracting Party concerned;
(c) Provide the level of empowerment required to persons in need of knowledge;
(d) Ensure that all persons who have access to classified information have been informed of their responsibilities arising from national laws and regulations;
(e) Conduct security checks of the institutions concerned.
Article 8
Translation, reproduction and destruction
1. The recipient Party shall make the marking of reproductions and translations that are identical to the originals and grant them the same protection.
2. The classified information TRES SECRET DEFENSE/VRLO TAJNO are neither reproduced nor translated. Original documents and additional translations may be provided upon written request from the Party of origin.
3. The classified information TRES SECRET DEFENSE/VRLO TAJNO shall not be destroyed unless expressly authorized by the Party of origin. They shall be returned to the Party of origin in accordance with the provisions of paragraphs 1 and 2 of Article 9 below, where it has been recognized that they are no longer necessary or upon the expiry of their validity.
4. The translation and reproduction of classified information SECRET DEFENSE/TAJNO shall be authorized only with the written consent of the NO or competent security authorities of the Party of origin.
5. The classified information is destroyed in such a way that their total or partial reconstruction is impossible. Written proof of destruction is retained and provided upon request to the Party of origin.
6. In the event of a crisis situation that makes it impossible to protect or restore classified information transmitted or generated under this Agreement, classified information shall be destroyed immediately. The receiving Party shall inform the NO of the Party of origin of such destruction as soon as possible.Article 9
Information transmission between Parties
1. Classified Information shall be transmitted from one Party to another by diplomatic means, in accordance with the national laws and regulations of the Party of origin.
2. ANS or competent security authorities may agree on the transmission of information classified by another means other than the diplomatic channel, as this mode of transmission would be inappropriate or difficult.
3. The transmission meets the following requirements:
(a) The conveyor has an appropriate security clearance. The conveyor is a permanent employee of the shipper or consignee corporation or is owned by the administration and is entitled to a level not less than that of the classified information to be transmitted;
(b) The conveyor holds a letter of mail issued by the competent authority of the shipper or consignee;
(c) The Party of origin shall maintain a record of the Classified Information transmitted and shall, upon request, provide an extract to the recipient Party;
(d) The Classified Information is properly packaged and sealed in accordance with the national laws and regulations of the Party of origin;
(e) The receipt of classified information is confirmed in writing as soon as possible.
4. The transmission of a significant amount of classified trainings is organized between the NSOs or the respective competent security authorities on a case-by-case basis.
5. The electronic transmission of classified information is carried out in encrypted form by means of cryptographic methods and devices mutually approved by the NSOs or the competent security authorities of both Parties.
Article 10
Classified contracts
1. The competent security authorities of the Party of origin shall inform the competent security authorities of the Party concerned of any contract classified before any exchange of classified information. This notification must specify the highest level of classification of the Information involved in the contract.
2. A Party wishing to conclude or authorize one of its contracting parties to enter into a contract classified with a contracting party of the other Party shall ascertain to the ANS or competent security authorities of that Party that the Contracting Party is entitled to the level required to execute the contract. In the absence of such authorization, the ANS or competent security authorities of the receiving Party shall initiate an enabling procedure at the required level.
3. Before entering into a contract classified with a contracting party under the jurisdiction of the other Party or authorizing one of its own contracting parties to enter into a contract classified in the territory of the other Party, a Party shall, in advance, receive the written assurance of the ANS or the competent security authorities of the other Party that the proposed contracting party is entitled to an adequate level and has taken all the necessary security measures to classify it.
4. For any classified contract, a security annex shall be established. In this annex, the NOA or competent security authorities of the Party of origin specify what should be protected by the recipient Party and the corresponding classification level. Only the Party of origin is able to change the classification level defined in the Safety Annex.
5. Any classified contract contains security instructions information and a classification guide. These instructions are consistent with those provided by the competent security authority of the Party of origin.
6. ANS or competent security authorities of the Party of origin shall transmit a copy of the security annex to the ANS or competent security authorities of the other Party.
7. The competent security authorities of the Parties in whose territory the work is to be carried out must ensure that a level of security equivalent to that required for the protection of their own classified contracts is applied and maintained as part of the performance of classified contracts.
8. Before signing a contract classified with a subcontractor, the contracting party shall be authorized by its competent security authorities. Subcontractors comply with the same security conditions as those established for the contracting party.
Article 11
Visits
1. Visits to the establishments of one of the Parties that involve the access of a representative of the other Party to classified information or to sites where direct access to such information is possible, are subject to prior written authorization from the NO or competent security authorities of the host Party.
2. Visits to the establishments of one of the Parties by third-party nationals involving access to classified information exchanged between or produced by the Parties, or to sites where access to such information is directly possible, are subject to the prior written authorization of the AN or competent security authorities of the other Party.
3. The visits mentioned in paragraphs 1 and 2 above require that all visitors have appropriate security clearance and the need to know about it.
4. Requests for visits, where access to classified information of level TRES SECRET DEFENSE/VRLO TAJNO is required, are transmitted through diplomatic channels to the host Party's NO. Requests for visits, where access to classified information at a lower level is required, are processed directly between the NSOs or the competent security authorities of the Parties. Requests are sent at least three (3) weeks before the required visit date. Requests for visits contain the information listed in the annex to this Agreement.
5. Each Party may request a visit authorization for a maximum duration of twelve (12) months. If a particular visit cannot be carried out within the time limits provided for by the permit to visit, or if an extension of the duration provided for by the permit to visit is required, the requesting Party may request a new permit to visit, provided that such request is made at least three (3) weeks before the current authorization expires.
6. All visitors must comply with the Host Party's regulations and security instructions.
Article 12
Multiple visits
1. Parties may establish a list of authorized personnel to undertake several visits to any specific project, programme or contract in accordance with the general conditions agreed by the NSAs or the competent security authorities of the Parties. These lists are initially valid for a period of twelve (12) months and, by agreement between the NSOs or the competent security authorities of the Parties, this validity period may be extended for additional periods not exceeding twelve (12) months in total.
2. The lists referred to in paragraph 1 above shall be determined in accordance with the national laws and regulations of the host Party. Once these lists are approved, the general conditions of all special visits may be defined directly by the entities that the persons mentioned in these lists must visit.
Article 13
Offences to related laws and regulations
to the Protection of Classified Information
1. Where a violation of national regulations relating to the protection of classified information transmitted under this Agreement cannot be ruled out or is presumed or discovered, in particular in the event of a loss or any other type of proven or suspected compromise, the AN or the competent security authorities of the other Party shall be informed without delay and in writing.
2. The notification must be sufficiently detailed so that the Party of origin can fully assess the consequences.
3. The Party that discovered or suspected the facts immediately conducts an investigation (with, if necessary, the assistance of the other Party) in accordance with its existing national laws and regulations. The Party conducting the investigation shall promptly inform the ANO or the competent security authorities of the other Party of the results of the investigation, the measures decided and the corrective actions taken.
Article 14
Fees
1. The application of this Agreement does not in principle generate any specific costs.
2. The costs incurred by a Party in the implementation and monitoring of this Agreement shall be borne by that Party alone.
Article 15
Settlement of disputes
1. Any dispute relating to the interpretation or application of this Agreement shall be settled exclusively by means of consultations between the Parties, without recourse to any third party or international tribunal.
2. For the duration of the dispute, the Parties undertake to comply with the obligations set out in this Agreement.
Article 16
Final provisions
1. This Agreement shall be concluded for an indefinite period. Each Party shall notify the other Party, through diplomatic channels, of the fulfilment 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 receipt of the last notification.
2. As appropriate, the NSOs or the competent security authorities of the Parties shall consult on specific technical aspects relating to the application of this Agreement and may conclude, on a case-by-case basis, any appropriate legal instrument or specific security protocol to complement this Agreement.
3. Each Party shall promptly inform the other Party of any changes to its national laws and regulations that may have an effect on the protection of Information classified under this Agreement. In this case, the Parties shall consult to consider any amendments to this Agreement. In the meantime, classified Information continues to be protected in accordance with the provisions of this Agreement.
4. The provisions of this Agreement may be amended by mutual agreement in writing between the Parties. These amendments shall take effect in the manner specified in paragraph 1 above.
5. This Agreement may be denounced either by mutual agreement or unilaterally. His denunciation takes effect six (6) months after receiving his notification in writing. The notice of denunciation has no effect on the rights and obligations of the Parties relating to the Information exchanged under this Agreement.
IN WITNESS WHEREOF, the representatives of the two Parties duly authorized to do so have signed and affixed their seal to this Agreement.
Made in Zagreb on 25 January 2011, in two original copies, in French and Croatian languages, all texts being equally authentic.
For the Government
of the French Republic:
Jérôme Pasquier
Ambassador of France
For the Government
of the Republic of Croatia
Petar Miševic
Director of AVC
Done on 18 November 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of State,
Minister for Foreign Affairs
and European,
Alain Juppé
