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 New Zealand on the protection of classified information in the field of defence (a consolidated annex), signed in Paris on 19 February 2013, 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 FRENCH REPUBLIC AND THE GOVERNMENT OF THE NEW ZEALAND RELATING TO THE PROTECTION OF CLASSIVE INFORMATION IN THE FIELD OF EXPENDITURE (ENSEMBLE ANNEX)
The Government of the French Republic,
and
The Government of New Zealand,
The following is called "Parties",
To ensure the protection of classified information in the field of defence,
Desirous of creating conditions conducive to the protection of classified information and materials in the area of defence exchanged or developed by Parties, including provisions relating to the exchange with public or private bodies in accordance with the respective laws and regulations of the Parties,
The following agreed:
Article 1
Definitions
For the purposes of this Agreement,
The term "Classified Contract" means a contract, subcontract, project or other cooperative activities requiring access to classified or likely to generate classified information;
The term "Classified Information" means information generated by or for the Government of the French Republic or the Government of New Zealand, or subject to the jurisdiction or control of one of them, and which must be protected in the interest of the national security of the State in question, which it has designated by assigning it a security classification. This information may take an oral, visual, electronic or written form, or take the form of equipment or technology tool;
The term "National Security Authority" means the Authority or the competent body authorized under the national laws and/or regulations of the Parties and which is responsible for the implementation of this Agreement;
The term "contractor or subcontractor" means an individual or legal person who needs access to classified information exchanged under this Agreement for the purpose of providing a service or contract product;
The term "Reception Party" means the Party on whose territory a visit takes place.
The term "need to know" means the need to have access to classified information within the framework of an official function recognized for the purpose of carrying out a specific authorized mission;
The term "emitting Party" means the Party that creates, issues or transmits classified information to the recipient Party;
The term "Recipient Party" means the Party that receives classified information transmitted by the issuing Party, and may include public or private organizations or organizations.
Article 2
Scope
This Agreement shall regulate the exchange of all classified defence information relating to defence matters between the Parties, or between public or private bodies subject to their national laws and regulations.
Article 3
Competent authorities
(1) The Competent Security Authorities responsible for the general control and implementation of this Agreement shall:
(a) For the French Republic:
Ministry of Defence of the French Republic
14, rue Saint-Dominique
75700 PARIS SP 07
(b) For New Zealand:
Director of Defence Intelligence and Security
Defence Intelligence and Security Directorate
HQ New Zealand Defence Force
WELLINGTON
(2) Parties shall keep each other informed of any changes in the designation of their competent security authorities. Any change in the Competent Security Authority does not constitute a formal amendment to this Agreement.
Article 4
Security principles
(1) In accordance with their respective national laws and regulations, Parties shall take measures to ensure the protection of classified information transmitted, received or created under 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.
(2) The protection of classified information exchanged between Parties is governed by the following principles:
(a) The recipient Party shall accord to classified information that it receives a level of protection equivalent to that expressly applied to information by the issuing Party in accordance with the equivalences defined in Article 5 of this Agreement.
(b) Access to classified information and storage sites of classified information is strictly limited to nationals of duly authorized Parties at the appropriate level and whose functions require access to such classified information on the basis of the need to know.
(c) The receiving Party shall transmit the classified information to a third State, an international organization or body or to a national of a third State only with the written prior agreement of the competent security authorities of the issuing Party.
(d) Classified information cannot be used for purposes other than those to which it is officially transmitted.
(e) The receiving Party shall not declassify or declassify classified information without the prior written consent of the Competent Security Authorities of the issuing Party.
Article 5
Security classification correspondence
(1) Parties, taking into account the security measures prescribed by their respective national laws and regulations, undertake to ensure the protection of classified information exchanged and adopt the classification levels defined in the equivalence table below:
| SECRET DEFENSE | SECRET |
| CONFIDENTIED DEFENSE | CONFIDENTIAL |
| DIFFUSION RESTREINTE See index (2) and (3) below | RESTRICTED |
Article 6
Security permits
(1) With a view to accessing classified information at the CONFIDENTIAL/CONFIDENTIAL level or at a higher level, each Party shall, in accordance with national legislation and regulations, ensure that any person who has access to or may have access to classified information under this Agreement is entitled to the same level of security as such information or to a higher level.
(2) In the case of a security clearance for a national of one of the Parties who has stayed or stayed in the territory of the other Party, the competent national security authorities agree to provide mutual assistance in accordance with their national laws and regulations.
Article 7
Marking, reception and modification
(1) Upon receipt of classified information, the recipient Party shall apply its own national security classification stamps in accordance with the equivalences defined in Article 5 of this Agreement.
(2) When a issuing Party amends the classification of classified information exchanged under this Agreement, it shall inform the other Party of that change.
Article 8
Disclosure
The classified information exchanged, transmitted or prepared jointly by the two Parties under this Agreement, including classified contracts, shall not be declassified, declassified or transmitted to a third State, to a natural or legal person having the nationality of a third State exclusively, or to an international organization without the prior written consent of the issuing Party.
Article 9
Mutual security information
(1) Each Party acknowledges the security clearances of nationals of the other Party and ensures access to secure environments and information in accordance with the security clearance held.
(2) Upon request, if the competent security authorities of a Party consider that an organization registered in its national territory is the property of a third State or is under its control, and if the disclosure of classified information to that organization may affect national interests in terms of security of either Party, security clearance is not granted.
The Competent Security Authorities shall inform each other if an authorization is not granted under this section.
(3) The Competent Security Authorities shall be kept mutually informed of changes in individual security clearances or establishments that are aware of an exchange of information under this Agreement, in particular in the event of withdrawal or decommissioning of an authorization.
Article 10
Translation, reproduction and destruction
(1) Upon receipt of duplicates or translations of classified documents, the recipient Party shall be required in such case to mark them as doubles or translations. The documents of this type have the same protection as the original document and must bear the same marking.
(2) The translation and reproduction of classified information at the SECRET DEFENSE/SECRET level shall be permitted only with the written agreement of the Competent Security Authority of the issuing Party.
(3) The classified information shall be destroyed in accordance with the standards of destruction provided by the respective national laws and regulations of the Parties.
(4) In the event of the destruction of a document classified by the recipient Party, a written certificate of destruction is required. The recipient Party shall provide this certificate to the issuing Party upon request.
Article 11
Information transmission
1. The classified information shall be transmitted from one Party to another by diplomatic means or by other means agreed by mutual agreement between the Parties, in accordance with the national laws and regulations of the Parties.
2. Before receiving classified information, the Competent Security Authority of the recipient Party shall:
(a) ensure that its facilities concerned are provided with appropriate protection measures to house classified information and to allocate the required facility enabling;
(b) determine the level of security clearance that a person must obtain before receiving classified information;
(c) ensure that anyone who has access to classified information is informed of the responsibilities conferred by national laws and regulations;
(d) ensure that the receipt of classified information is confirmed in writing to the issuing Party as soon as possible.
3. Before sending classified information, the Competent Security Authority of the issuing Party shall:
(a) ensure that the representative of the issuing Party providing classified information
(i) has an appropriate security clearance;
(ii) an agent of the State or an employee of the issuing Party.
(b) ensure that the representative of the issuing Party who provides classified information is provided with a document issued by the competent security authority that states:
(i) in which case the person is carrying classified information;
(ii) the contact point for the issuing Party; and
(iii) the contact point for the recipient Party.
(c) update the registry of classified information transferred and provide, upon request, a copy of that register to the recipient Party.
(d) ensure that classified information is properly packaged and sealed in accordance with its national laws and regulations;
4. The electronic transmission of classified information is done entirely in encrypted form, using methods and cryptographic devices mutually accepted by the competent security authorities.
Article 12
Classified contracts
1. Before the conclusion of a contract between a contractor and a Party, or between two contractors, likely to involve the exchange of classified information, the provisions of the security contract shall be approved by the Competent Security Authority of the issuing Party.
2. The Competent Security Authorities of both Parties shall mutually in full and open form any classified information disclosed during pre-contractual negotiations.
3. The competent security authorities of both Parties shall notify each other of any relevant classified contract prior to the exchange of classified information.
4. In the event that a Contractor enters into a contract with a Contractor of the other Party, the Competent Security Authority shall take all necessary measures to ensure that the Contractors have an appropriate level security clearance for the performance of that Classified Contract.
5. In the event that a Contractor enters into a contract classified with a Contractor in the jurisdiction of the other Party or where a Contracting Party authorizes a Contractor registered in accordance with or operating in its territory to enter into a contract classified in the territory of the other Party, the Competent Security Authorities of the other Party shall:
a. Ensure that the contractor concerned has obtained the appropriate authorization and authorization of the relevant security authorities;
b. Ensure that appropriate security measures are put in place to protect classified information in accordance with the national laws and regulations of the recipient Party.
6. Any contract or contract of subcontract involving classified information shall include security provisions. These provisions make the provisions of this Agreement operational and any other conditions for the use of classified information imposed by the issuing Party. Only the issuing Party is able to change the level of classification of information or authorize the disclosure of additional information.
7. The Competent Security Authority of the issuing Party shall transmit a copy of the security annex to the contract to the Competent Security Authorities of the receiving Party.
8. Before entering into a contract classified with a subcontractor, the Contractor shall be authorized by its Competent Security Authority. The contractor shall be subject to security obligations in accordance with those established for the contractor.
Article 13
Visits
(1) Visits by nationals of a Party on the site of the other Party where classified information is kept shall be permitted only with the written prior agreement of the competent security authority of the host Party. Visits by third-country nationals on sites where classified information is exchanged between the Parties are permitted only by mutual agreement between the Parties.
(2) Requests for visits from a Party shall be forwarded, by diplomatic means or by other means agreed between the Parties, to the competent security authority of the host Party. Requests must be made at least three weeks before the date of the visit. Requests for visits contain the information listed in the annex to this Agreement.
(3) A Party may request an authorization for a visit of up to twelve months. If a particular visit cannot be completed within the time limit provided for in the permit to visit, or if an extension of the period covered by the permit to access is required, the requesting Party may request a new permit to visit, provided that it does so at least three weeks before the expiry of the current authorization.
(4) All visitors are required to comply with national laws and regulations as well as the instructions of the Host Party.
(5) Visits are allowed only if the person holds the required level of clearance and has the "need to know".
Article 14
Multiple visits
(1) For any classified project, programme or contract, Parties may establish lists of personnel authorized to conduct multiple visits in accordance with the terms and conditions agreed upon by the competent security authorities of the Parties. Initially, these lists are valid for a period of twelve months and, by agreement between the competent security authorities of the Parties, the validity period may be extended by additional periods of up to twelve months.
(2) The lists referred to above shall be established and fixed in accordance with the provisions in force in the host Party. Once these lists are approved by the Competent Security Authorities of the Parties, the procedure for visiting authorized personnel may be determined directly with the Competent Security Authorities or the facility to be visited.
Article 15
Facilities control
(1) Each Party shall conduct security inspections in its establishments and facilities of the contractor where classified information is kept transmitted, exchanged or produced jointly under this Agreement.
(2) In accordance with the procedures set out in this Agreement, the competent security authorities of each Party or their authorized representatives may, upon request, visit the sites and facilities on the territory of the other Party in order to examine the protective measures put in place to ensure the safety of classified information transmitted under this Agreement.
Article 16
Security breach
(1) In the event of suspicion or confirmation of compromise of classified information, including unauthorized use or loss, or of any violation of national regulations relating to the protection of classified information transmitted under this Agreement, the competent security authorities of the other Party shall be informed without undue delay.
(2) The notification must be sufficiently detailed to allow the issuing Party to undertake a complete assessment of the consequences.
(3) The receiving Party shall conduct an investigation (as required by the other Party) and shall take all appropriate measures, in accordance with its national laws and regulations, to limit the consequences and to prevent recurrence. The receiving Party shall inform the issuing Party through the competent security authorities, the results of the investigation and any measures taken to avoid further compromises.
Article 17
Fees
Unless the Parties have decided otherwise, each Party shall bear its own costs of participation in activities under this Agreement.
Article 18
Settlement of disputes
Any dispute arising from the interpretation or application of this Agreement shall be settled exclusively by consultation and negotiation between the Parties.
Article 19
Final provisions
(1) Each Party shall notify the other of the fulfilment of the national procedures required for the entry into force of this Agreement which shall take effect on the day the second notification is received. The Parties decided to implement the provisions of this Agreement with regard to any information exchanged prior to its entry into force.
(2) This Agreement may be amended at any time, in writing, by mutual agreement between the Parties. The amendments shall take effect according to the same procedure as that described in paragraph 1 of this Article.
(3) The Annex forms an integral part of this Agreement.
(4) This Agreement shall remain in force for an indefinite period. Each Party may denounce this Agreement by sending a written notification to the other Party through diplomatic channels, with a six-month notice.
(5) The obligations relating to the protection of classified information exchanged under this Agreement shall remain in force notwithstanding the denunciation of the Agreement.
(6) In the event of denunciation, any classified contract or contract of subcontract shall continue to be subject to the provisions of this Agreement unless the Parties agree otherwise.
IN WITNESS WHEREOF, the undersigned, duly authorized by their respective Governments, have signed this Agreement.
Done in Paris on 19 February 2013, in two copies, each in French and English, both texts being equally authentic.
Annex
The visit request must include the following information:
(a) Name, first name, date and place of birth, nationality and passport number of the visitor;
(b) Profession and responsibilities of the visitor, name of the institution or organization that employs the visitor;
(c) Level of visitor security clearance, authenticated by a security clearance to be provided by the requesting Party;
(d) Proposed date and duration of the visit;
(e) Purpose of the visit and any useful indications on the topic to be addressed and classification levels for classified information;
(f) Name of establishments, facilities and localities, purpose of the visit;
(g) Name and surname of persons to receive the visitor, if possible;
(h) The date, signature and affixation of the official registered stamp (from the Competent Security Authority).
Done on 1 October 2013.
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:
The Minister of Defence,
Jean-Yves Le Drian
For the Government
New Zealand:
The Minister of Defence,
Jonathan Coleman
