Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign 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 Cyprus on the exchange and mutual protection of classified information (a joint annex), signed in Nicosia on 22 January 2010, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, 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 REPUBLIC OF CYPRUS RELATING TO EXCHANGE AND THE PROTECTION OF CLASSIVE INFORMATION (SEMBLIC ANNEX)
The Government of the French Republic,
and
The Government of the Republic of Cyprus,
The Parties shall,
Desirous of ensuring the protection of information and classified materials exchanged or produced between the two States or between public bodies to the private subject to their respective national laws and regulations;
Agreed on the following provisions,
Article 1
Definitions
For the purposes of this Agreement:
1.1 "Classified Information" refers to information, documents and materials, regardless of form, nature or mode of transmission, whether developed or under development, to which a degree of classification or a mark 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 access by any person not otherwise authorized
1.2 "Safety clauses or contract" means a contract, subcontract or project whose development and execution require access to classified information or the use and production of classified information.
1.3 "Contractor" means any individual or legal person with the legal capacity to negotiate and enter into classified contracts or security clauses related to the provision of goods, services or works.
1.4 "Resident" refers to any national of a State as well as to any natural or legal person who, as the case may be, is legally resident or legally established in the territory of that State.
1.5 "National Security Authority" (ANS) refers to the national authority responsible for general control and implementation of this Agreement for each Party.
1.6 "Competent Security Authorities" refers to any Designated Safety Authority (DSA) or any other competent entity authorized in accordance with the national laws and regulations of the Parties and who are responsible for the implementation of this Agreement in the areas concerned.
1.7 "Part of Origin" refers to the Party, including any public or private body subject to its national laws and regulations, which issues or transmits classified information to the other Party.
1.8 "Recipient Party" refers to the Party, including any public or private body subject to its national laws and regulations, to whom the Classified Information is transmitted.
1.9 "Hot Party" refers to the Party on whose territory a visit takes place.
1.10 "Principle of the need to know about it" refers to the need to have access to information classified under a specific official function and for the execution of a specific mission.
Article 2
Scope
This Agreement constitutes the common security regulation applicable to any exchange of classified information between Parties or between their public or private bodies subject to their national laws and regulations.
Article 3
National Security Authorities
The National Security Authority of each Party shall:
For the French Republic:
General Secretariat of Defence and National Security (S.G.D.S.N.).
For the Republic of Cyprus:
Ministry of Defence.
National Security Authority.
Parties shall keep each other informed of any possible change affecting their National Security Authority and their Competent Security Authorities through diplomatic channels.
Article 4
Security principles
4.1 In accordance with their respective national laws and regulations, Parties shall take appropriate measures to protect classified information that is transmitted, received or created under this Agreement and shall provide such information with a level of protection equivalent to that accorded to their own national classified information as defined in Article 5.
4.2 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 Article 5.
4.3 Access to classified information is strictly reserved for nationals of Parties who have obtained an appropriate level of authorization and whose functions render access to such information essential in accordance with the Principle of the need to know.
4.4 The receiving Party shall not declassify or declassify a Classified Information transmitted without the prior written consent of the Party of origin.
4.5 Parties shall be promptly informed of any changes affecting the protection of classified information exchanged or produced under this Agreement, including any changes in the classification level of that information.
4.6 The classified information transmitted may not be used for purposes other than those for which it is transmitted unless the Party of origin has prior written consent.
4.7 Parties shall ensure that any requirements arising from their national security laws and regulations covering the security of offices, sites and facilities under their jurisdiction are met, including through inspection inspections and inspections.
Article 5
Safety classifications and equivalences
5.1 Parties undertake to ensure the protection of classified information exchanged and adopt the equivalence of security classification levels defined in the table below:
| TRES SECRET DEFENSE | AKPΣAOPPHTO |
| SECRET DEFENSE | AOPPHTO |
| CONFIDENTIED DEFENSE | EMΣETEYTIKO |
| (See paragraphs 5.2. and 5.3 below) | EPIOPIΣMENHΣ XPHΣHΣ |
Article 6
Safety clearance procedure
6.1 For access to classified information CONFIDENTIEL DEFENSE / IΣTEYTIKO or higher level, each Party, in accordance with its national laws and regulations, conducts a security clearance procedure.
6.2 With regard to the security clearance of a national of one of the Parties who has stayed or who is still staying in the territory of the other, the NSOs of the Parties shall provide assistance in accordance with their national laws and regulations.
6.3 Parties shall mutually recognize security clearances issued to their nationals in connection with access to classified information.
6.4 In the event of a refusal to issue an enabling certificate, the NOA or the Competent Security Authorities of the Party that made the application for security of establishment are notified of that refusal as soon as possible.
6.5 NSAs or Competent Security Authorities shall be kept mutually informed of changes in 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
7.1 The Party concerned shall not disclose any classified information exchanged or elaborated under this Agreement to any third State, international organization or entity or national of a third State, irrespective of its prior written consent of the NOA or the Competent Security Authorities of the Party of origin.
7.2 The Classified Information prepared jointly by the Parties under agreements, contracts or other common activities shall not be declassified, declassified or transmitted to a third State, to a natural or legal person having the nationality of a third State, or to an international organization without the prior written consent of the other Party.
7.3 Prior to the transmission to Contractors of any classified information received from the Party of origin, the Competent Security Authorities of the Recipient Party:
(a) ensure that Contractors and their facilities are capable of providing appropriate protection to classified Information;
(b) assign the required level of authorization to the facilities of the Contractor concerned;
(c) assign the level of empowerment required to persons in need of knowledge;
(d) ensure that all persons who have access to classified information are informed of their responsibilities arising from existing national laws and regulations;
(e) conduct security inspections at the facilities concerned.
Article 8
Translation, Reproduction and Destruction
8.1 The receiving Party shall ensure the marking of reproductions and translations produced identically to the originals and shall ensure the same protection.
8.2 The classified Information TRES SECRET DEFENSE / AKPΣ AHOPPHTO are neither reproduced nor translated. Additional original copies may be provided upon written request from the Party of origin.
8.3 The Classified Information TRES SECRET DEFENSE / AKPΣ AOPPHTO is not destroyed unless expressly authorized by the Party of origin. They shall be returned to the Party of origin in accordance with paragraphs 9.1 or 9.2 below, after being recognized as no longer necessary or upon expiry of their validity.
8.4 The translation and reproduction of classified information SECRET DEFENSE/AOPPHTO is authorized only with the written consent of the NO or the Competent Security Authorities of the Party of origin.
8.5 The classified information shall be destroyed in such a way that their total or partial reconstruction is impossible.
Article 9
Transmission between Parties
9.1 The 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.
9.2 NSAs or Competent Security Authorities may agree on what Classified Information may be transmitted by a means other than diplomatic channels, to the extent that this mode of transmission would be inappropriate or difficult.
9.3 The transmissions meet the following requirements:
(a) The forwarding person is a permanent employee of the forwarding or recipient company, or is a member of the administration, and has an authorization of at least one level equal to that of the classified information to be conveyed;
(b) The delivery person shall be provided with a letter of mail issued by the authority to which the sender or the person to whom the consignee reports;
(c) The Party of origin shall maintain a register of classified information that is transmitted and an excerpt from that register shall be provided to the recipient Party upon request;
(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;
9.4 The transmission of a large amount of classified information is organized between the NSOs or the respective Competent Security Authorities on a case-by-case basis.
9.5 The electronic transmission of classified information is carried out only in encrypted form, using mutually accepted cryptographic methods and devices between the NSOs or respective Competent Security Authorities.
9.6 For the purposes of this Agreement and in exceptional circumstances requiring the immediate transmission of information as defined in Articles 5.2 and 5.3, transmission without the use of cryptographic means may be carried out after prior consent between the Parties and on a case-by-case basis.
Article 10
Security agreements or clauses
10.1 The Competent Security Authorities of the Party of origin shall notify the Competent Security Authorities of the Party concerned of any Agreement classified or security clauses before any exchange of classified information. This notification must indicate the highest level of classification of the Information involved in the Contract.
10.2 A Party intending to conclude or authorize one of its Contractors to enter into a Classified Agreement or security clauses with a Contractor of the other Party shall ensure to the Competent Agreement or Authorities of the other Party that the Contracting Party holds the appropriate level of authorization necessary for the execution of the said Agreement and that it has taken all appropriate security measures to classify the appropriate security measures. If not, the NO or the Competent Security Authorities of the recipient Party shall commence an enabling procedure at the required level.
10.3 For any Security Agreement or Security Clauses, a security annex shall be established. In this annex, the NOA or the Competent Security Authorities of the Party of origin specify what should be protected by the recipient Party and the corresponding applicable classification level. Only the Party of origin may change the classification level of an Information defined in a security annex.
10.4 The safety annex contains provisions for safety instructions as well as a classification guide. These instructions are consistent with those provided by the Competent Security Authorities of the Party of origin.
10.5 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.
10.6 The Competent Security Authorities of the Party in the territory of which the contract is to be executed are required to ensure that, as part of the performance of classified or security clauses, a level of security is applied and maintained equivalent to that required for the protection of their own classified or security clauses.
10.7 Before passing a Security Agreement or security clauses with a subcontractor, the Contractor shall be authorized by its Competent Security Authorities. The subcontractors comply with the same security conditions as those established for the Contractor.
Article 11
Visits
11.1 Visits to the facilities of one of the Parties where a representative of the other Party has access to classified information or to sites where access to such information is directly possible are subject to prior written authorization from the NO or the Competent Security Authorities of the host Party.
11.2 Visits to the facilities of one of the Parties by third-country nationals involving access to classified information exchanged or produced between Parties or sites where access to such information is directly possible require prior written authorization from the NSOs or the Competent Security Authorities of the Parties.
11.1 The visits referred to in paragraphs 11.1 and 11.2 above imply that any visitor has an appropriate security clearance and the need to know about it.
11.4 Requests for visits, where access to classified information of level TRÈS SECRET DEFENSE/AKPΣ AOPPHTO is required, are sent through diplomatic channels to the NO of the host Party. Requests for visits, where access to classified information at the lower level is required, are processed directly between the respective NSAs or Competent Security Authorities. Requests are sent at least three (3) weeks before the date required for the visit. Requests for visits contain the information referred to in the Appendix to this Agreement.
11.5 Each party may request a visit authorization for a maximum period of twelve (12) months. If a particular visit is likely not to be concluded within the time limit provided for by the permit to visit, or if an extension of the period provided for by the permit to visit is required, the requesting Party may request a new permit to visit, provided that it is carried out at least three (3) weeks before the current authorization expires.
11.6 All visitors comply with the Host Party's laws, regulations and security instructions.
Article 12
Multiple visits
12.1 Parties may draw up a list of authorized personnel to undertake several visits in relation to any particular project, program or contract, in accordance with the agreed terms and conditions between the NSAs or the Competent Security Authorities of the Parties. Initially, these lists are valid for a period of twelve (12) months and, by agreement between the NSAs or the Competent Security Authorities of the Parties, this validity period may be extended for other periods not exceeding twelve (12) months in total.
12.2 The lists referred to in paragraph 12.1 above shall be established in accordance with the national laws and regulations of the host Party. Once these lists have been approved, the general terms and conditions of all special visits may be settled directly by the organizations that the persons mentioned on these lists will visit.
Article 13
Violation of laws and regulations
Protection of Classified Information
13.1 In the case that a violation of national regulations relating to the protection of classified information transmitted under this Agreement may not be waived, or where it is presumed or discovered, in particular in the event of loss or any other type of proven or suspected compromise, the NOA or the Competent Security Authorities of the other Party shall be immediately informed in writing.
13.2 The notification must be sufficiently detailed so that the Party of origin can conduct a full assessment of the consequences.
13.3 The Party having discovered or suspected the facts shall immediately conduct an investigation, with the assistance of the other Party as necessary, in accordance with the national laws and regulations in force within the Party concerned. The Party conducting the investigation shall promptly inform the Non-Self-Governing Authorities of the other Party of the circumstances, the outcome of the investigation, the measures adopted and the corrective actions taken.
Article 14
The fees
14.1 The execution of this Agreement in principle does not generate any specific costs.
14.2 Any costs incurred by a Party arising from the application of this Agreement shall be borne by that Party only within the limits of its budgetary availability.
Article 15
Resolution of disputes
15.1 Any dispute as to the interpretation or application of this Agreement shall be resolved exclusively in the context of consultations between the Parties, without recourse to any third party or international tribunal.
15.2 For the duration of the dispute, Parties continue to comply with the obligations arising from this Agreement.
Article 16
Final provisions
16.1 This Agreement shall be concluded for an indefinite period. Each Party shall notify the other of the performance of the internal procedures required for the entry into force of this Agreement which takes effect on the first day of the second month following the last notification.
16.2 As appropriate, NSAs or 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.
16.3 Each Party shall promptly communicate to the other any changes to its national laws and regulations that may have an effect on the protection of classified information under this Agreement. In this case, the Parties shall agree to consider possible amendments to this Agreement. In the meantime, Classified Information remains protected in accordance with these provisions.
16.4 The provisions of this Agreement may be amended by mutual agreement in writing between the Parties. These amendments shall take effect on the terms and conditions set out in Article 16, paragraph 1.
16.5 This Agreement may be denounced by mutual agreement or unilaterally, denunciation taking effect six (6) months after receipt of written notification. The denunciation shall not challenge 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 seals there.
Done in Nicosia on 22 January 2010, in duplicate, in French and Greek languages, both texts being equally authentic.
A N N E X E
The visit request referred to in Articles 11 and 12 shall contain the following information:
(a) The name and name of the visitor, the date and place of birth, the nationality and number of the passport or identity card;
(b) The employment and function of the visitor, the name of the establishment or organization that uses it;
(c) The level of security clearance of the visitor, authenticated by a security certificate to be provided by the competent authority of the requesting Party;
(d) The proposed date of the visit and the expected duration;
(e) The purpose of the visit and all necessary indications specifying the subjects to be treated with classified information and their classification levels;
(f) The name of the establishments, facilities and premises, objects of the visit;
(g) Names and names of persons who must receive the visitor;
(h) The date, signature and affixation of the official stamp of the competent authority of the requesting Party.
It is understood that for the above-mentioned personal data, the Parties comply fully with the provisions of their national laws and regulations relating to the protection of personal data.
Done on 6 July 2012.
François Hollande
By the President of the Republic:
The Prime Minister,
Jean-Marc Ayrault
Minister of Foreign Affairs,
Laurent Fabius
For the Government
of the French Republic:
Jean-Marc Rives,
Ambassador
of France to Cyprus
For the Government
of the Republic of Cyprus:
Markos Kyprianou,
Minister
Foreign Affairs
