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Decree No. 2015-412 13 April 2015 On The Publication Of The Agreement Between The Government Of The French Republic And The Government Of The Republic Of Azerbaijan Concerning The Exchange And Reciprocal Protection Information Classifi

Original Language Title: Décret n° 2015-412 du 13 avril 2015 portant publication de l'accord entre le Gouvernement de la République française et le Gouvernement de la République d'Azerbaïdjan concernant l'échange et la protection réciproque des informations classifi

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Keywords

BUSINESS , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , AZERBAIDJAN , CLASSIFIE INFORMATION , CHANGE D'INFORMATION , PROTECTION RECIPROQUE , CLASSIFICATION DE SECURITE


JORF no.0088 of 15 April 2015 page 6681
text No. 1



Decree No. 2015-412 of 13 April 2015 on the publication of the agreement between the Government of the French Republic and the Government of the Republic of Azerbaijan concerning the exchange and mutual protection of classified information, signed in Baku on 6 May 2014 (1)

NOR: MAEJ1508029D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/4/13/MAEJ1508029D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/4/13/2015-412/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
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:

Article 1


The agreement between the Government of the French Republic and the Government of the Republic of Azerbaijan concerning the exchange and mutual protection of classified information, signed in Baku on 6 May 2014, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.

  • Annex


    AGREEMENT
    BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE GOVERNMENT OF AZERBAAIJAN REPUBLIC CONCERNING ECHANGE AND THE RECIPROVING PROTECTION OF CLASSIVE INFORMATION, SIGNED TO BAKOU ON 6 MAY 2014


    The Government of the French Republic and the Government of the Republic of Azerbaijan (hereinafter referred to as the "Parties")
    Recognizing that effective cooperation may require the exchange of classified information between Parties;
    Desirous of ensuring the protection of classified information and materials exchanged or produced between the two Parties or between public or private bodies subject to their respective national laws and regulations,
    The following provisions were agreed:


    Article 1
    Scope


    1. This Agreement governs the exchange of all classified information between Parties or between public or private bodies subject to their respective national laws and regulations.
    2. This Agreement does not affect the obligations arising from any other bilateral or multilateral treaty, including any agreement governing the exchange and mutual protection of classified information.


    Article 2
    Definitions


    For the purposes of this Agreement:
    (a) The term "classified information" means any information that, regardless of form or nature, requires under the national legislation of either Party protection from unauthorized disclosure or other manipulation and that has been duly designated as such.
    (b) The term "classified contract" means a contract whose execution involves or requires access to classified information.
    (c) The term "contractor" means any legal entity with legal capacity to enter into a contract classified in accordance with the terms and conditions set out in this Agreement and the national legislation of the States of the Parties and which is a party to that contract.
    (d) The term "National Security Authority" (ANS) means the national authority responsible for the supervision and implementation of this Agreement for each Party.
    (e) The term "Competent Authorities" (AC) means any Authority, including any Designated Security Authority (DSA) or any other competent entity authorized in accordance with the national laws and regulations of the Parties, responsible for the implementation of this Agreement in accordance with the relevant area.
    (f) The term "Part of Origin" means the Party, including public or private bodies subject to its national laws and regulations, which disclose classified information.
    (g) The term "Recipient Party" means the Party, including public or private bodies subject to its national laws and regulations, which receives classified information.
    (h) The term "third party" means any State, including public or private bodies subject to its national laws and regulations, or any international organization that is not a party to this Agreement.
    (i) The term "need to know" refers to the principle that access to classified information can only be granted to persons who have a proven need to know this information for the performance of their official functions where such information has been communicated to the recipient Party.
    (j) The term "person" means any natural or legal person.
    (k) The term "safety clearance" means a decision that is favourable following an investigation procedure to ensure the loyalty and reliability of a person, as well as other security aspects in accordance with the legislation in force in the States of the Parties. This decision allows a person to be granted access to classified information and permission to process it; security clearances issued to natural persons are referred to as " Personnel Security Enabling" (HSP) and security clearances issued to legal persons are referred to as " Establishment Security Enabling" (HSE).


    Article 3
    Competent authorities


    1. The National Security Authorities of the Parties responsible for the protection of classified information and the implementation of this Agreement shall:
    For the French Republic:
    General Secretariat of Defence and National Security (SGDSN), 51, boulevard de La Tour-Maubourg, 75700 Paris
    For the Republic of Azerbaijan: Ministry of National Security, 2, Parliament Avenue, AZ1006 Baku
    2. The National Security Authorities transmit their official contact details to each other and inform any subsequent changes to them.
    3. The Parties shall inform each other by diplomatic means of any change concerning their National Security Authority and other competent authorities.


    Article 4
    Safety classification levels and records


    4.1. The equivalence of national security classification levels and references is defined below:


    FRENCH REPUBLIC
    AZERBAAIJAN REPUBLIC

    SECRET DEFENSE

    "TAM MƌXFI"

    CONFIDENTIED

    "MƌXFI"

    DIFFUSION RESTREINTE

    « XIDMƌTI ISTIFADƌ ÜÇÜN »


    4.2. The French Republic treats and protects the information referred to as "XDM ISTI ISTIFADÜ ÜÇÜN" transmitted by the Republic of Azerbaijan in accordance with its existing national laws and regulations relating to protected but unclassified information, such as those relating to "RESTREINT DIFFUSION".
    4.3. The Republic of Azerbaijan treats and protects unclassified but covered by a statement of protection such as "RESTREINTE DIFFUSION" transmitted by the French Republic in accordance with its existing national laws and regulations relating to the protection of information referred to as "XDMƌTI ISTIFADƌ ÜÇÜN".
    4.4. Where, for specific security reasons, the Party of origin requests that access to classified information be limited to persons who exclusively have the nationality of the States of the Parties, such information should include the additional reference " SPECIAL FRANCE-AZERBAÏDJAN" or " SPECIAL AZERBAÏDJAN-FRANCE".


    Article 5
    Access to classified information


    Access to classified information at the CONFIDENTIEL DEFENSE/MƌXFI level and above under this Agreement is limited, on the basis of the need to know, to persons who have obtained an appropriate level of security clearance in accordance with the national laws and regulations of the Party under review.


    Article 6
    Security principles


    1. The Party of origin:
    (a) Ensure that classified information refers to appropriate security classification in accordance with its national laws and regulations;
    (b) Informs the recipient Party of any restrictions on the use of classified information;
    (c) Informs the recipient Party without delay of any further change in the security classification level of any classified information exchanged.
    2. The recipient Party:
    (a) Apposes its own national classification statement on classified information received from the Party of origin, in accordance with equivalences defined in Article 4;
    (b) They grant the same degree of protection as their own classified information of equivalent level;
    (c) Ensure that they are not declassified or subject to a classification level change without the prior written agreement of the Party of origin;
    (d) Ensure that they are not disclosed to a third party without the prior written consent of the Party of origin;
    (e) Use them only for the purposes for which they have been transmitted and in accordance with the disclosure conditions defined by the Party of origin.
    3. In order to ensure the management and control of classified information in each organization (establishment, enterprise) of the Parties that generates, reproduces and/or retains classified information, a registration system is established to ensure the receipt, dissemination, control and protection of classified information. This system must be approved by a competent authority of the State concerned.
    4. The information and communication systems (ICS) used to process electronic classified information exchanged under this Agreement shall be approved by the competent authority responsible for the security of the information systems of the State concerned.


    Article 7
    Security cooperation


    1. In order to maintain comparable security standards, the Competent Authorities shall, at their request, inform each other of their national laws and regulations relating to the protection of classified information and the practices arising from their application. They mutually reinforce any substantive amendments to the Agreement.
    2. Competent authorities may, upon request and in accordance with their national laws and regulations, assist in the process of staff security clearance and security clearance.
    3. Parties shall recognize, upon request and in accordance with their national laws and regulations, the security clearances of personnel and security clearances issued by the other Party.
    4. In the event of the withdrawal or decommissioning of a staff security clearance or recognized facility security clearance, the Competent Authorities shall promptly form such changes.


    Article 8
    Classified contracts


    1. Classified contracts are entered into and executed in accordance with national laws and regulations of each Party. The Competent Authorities certify, upon request, that prospective contractors and natural persons involved in the prior negotiation or execution of classified contracts have the security clearance of the personnel or the appropriate establishment security clearance.
    2. The Competent Authority may request its counterpart to conduct a security inspection of an establishment located in the territory of the other Party in order to ensure the constant protection of classified information.
    3. The Competent Authority of the Party in the territory of which the contract is to be executed shall ensure that the contract is applied and maintained, within the framework of the execution of classified contracts, a level of security equivalent to the level required to ensure the protection of its own classified contracts.
    4. Classified contracts include security instructions and a classification guide. These instructions are in accordance with those of the competent authority of the Party of origin and specify the information to be protected by the recipient Party and the appropriate classification level. A copy of the security instructions for the project and the classification guide is forwarded to the competent authority of the Party whose performance of the classified contract is reported.
    5. The obligations of the contractor with respect to the protection of classified information are as follows:
    (a) disclose classified information only to persons with security clearance, who need to know and use it in the contract;
    (b) Implement the necessary means to transmit classified information, as defined by the competent authorities;
    (c) Apply procedures and devices to inform the competent authority of any change that may be relevant to classified information;
    (d) Implement procedures for visits by staff from one Party to another, as defined by the competent authorities;
    (e) Inform its Competent Authority of any unauthorized access, or any attempt or presumption of unauthorized access, to the classified information exchanged;
    (f) Use only classified information received for purposes related to the purpose of the classified contract;
    (g) To comply with the procedures established by the laws and regulations in force in the States of the Parties with regard to the receipt, transmission, processing and final destruction of classified information.
    6. Before signing a contract classified with a subcontractor, the contractor must have been authorized by its competent authorities. Subcontractors shall comply with the same security conditions as the contractor.


    Article 9
    Transmission of classified information


    1. The classified information shall be transmitted in accordance with the national legislation of the Party of origin by diplomatic means or in any other manner agreed between the competent authorities.
    2. The transmission shall meet the following conditions:
    (a) The conveyor shall be permanently used by the Party of origin, the Party concerned or the administration of one of the Parties and shall be entitled to a level not less than that of the classified information to be transmitted;
    (b) The conveyor shall have a letter certificate issued in accordance with the applicable national laws and regulations of the Parties;
    (c) The classified information is properly packaged and sealed in accordance with the national laws and regulations of the Party of origin; and
    (d) The receipt of classified information is confirmed in writing without delay.
    3. The classified information transmitted must be recorded. An extract from the register is provided upon request.
    4. The transmission of classified information or material that cannot be operated in accordance with the above rules is organized on a case-by-case basis between the respective competent authorities.
    5. Parties may transmit information classified by electronic means in accordance with the security procedures approved by the competent authorities.


    Article 10
    Reproduction, translation and destruction of classified information


    1. Reproductions and translations of classified information submitted under this Agreement shall bear the same security classifications as the originals and shall be protected in the same manner as the originals. The number of reproductions is limited to the quantities required for official use.
    2. Translations of classified information submitted under this Agreement shall include an annotation in the language of translation and specifying that they contain classified information from the Party of origin.
    3. Translation/reproduction of classified information can only be ensured by authorized persons at least at the same level as that of the documents considered.
    4. The classified information provided under this Agreement and bearing the reference SECRET DEFENSE/"TAM MƌXFI" may only be translated or reproduced with the written prior agreement of the Party of origin.
    5. The classified information transmitted under this Agreement shall be destroyed in such a way that their full or partial reconstruction is impossible.
    6. In the event of a crisis situation that makes it impossible to protect, in accordance with their classification statement, classified information produced or transmitted under this Agreement, or if its restitution is not possible, it shall be destroyed immediately. The National Security Authority of the receiving Party shall inform as soon as possible the National Security Authority of the Party of origin of their destruction.


    Article 11
    Visits


    1. Visits that require access to classified information are subject to the written prior agreement of the Competent Authorities.
    2. Requests for visits shall be submitted at least twenty days in advance to the competent security authorities who transmit them to the competent security authority of the other Party. In the event of an emergency, a request for a visit may be submitted within a shorter period, subject to prior coordination between the competent authorities.
    3. Requests for visits should include:
    (a) The identity, date and place of birth, nationality and passport number or identity card of the visitor;
    (b) The function of the visitor and details of the legal person he represents;
    (c) The level of visitor security clearance and its validity;
    (d) The date and duration of the visit; in case of multiple visits, the total period covered by these visits;
    (e) The purpose of the visit, including the highest classification level of the classified information involved;
    (f) The name and address of the facility that is the subject of the visit, as well as the name, telephone and fax numbers and the e-mail address of the contact point;
    (g) The date, signature and official seal of the competent authority.
    4. Competent authorities may jointly establish a list of persons authorized to undertake multiple visits. They agree on other arrangements for such visits.
    5. The classified information to which a visitor becomes aware is considered classified information received under this Agreement.


    Article 12
    Security breach


    1. The Competent Authorities shall instruct each other and without delay in writing any breach of security, proven or suspected, resulting in the unauthorized disclosure of classified information under this Agreement or any other unauthorized manipulation of such information.
    2. The Party in whose territory this breach of security was committed immediately investigates in accordance with its national laws and regulations. The other Party shall cooperate in the investigation, upon request.
    3. The recipient Party shall, in all cases, inform the Party of origin, in writing, of the circumstances under which the breach of security has been committed, the extent of the damage, the measures taken to remedy it and the results of the investigation. This information shall enable the Party of origin to fully assess the consequences of this breach of security.


    Article 13
    Fees


    1. The implementation of this Agreement does not in principle entail specific costs.
    2. Each Contracting Party shall bear the costs incurred by it in the context of the application of this Agreement.


    Article 14
    Amendments


    This Agreement may, by mutual agreement between the Parties, be amended and supplemented in the form of separate protocols that form part of it.
    The amendments shall take effect on the terms and conditions set out in Article 15.


    Article 15
    Final provisions


    1. This Agreement shall be concluded for an indefinite period and shall enter into force on the date of receipt of the last notifications exchanged between the Parties through diplomatic channels and attesting to the fulfilment of the domestic legal procedures required for its entry into force.
    2. Each Party may denounce this Agreement by written notification from the diplomatic channel. In this case, this Agreement shall terminate after six months from the date of receipt of this notification by the other Party.
    3. Notwithstanding the denunciation of this Agreement, any classified information exchanged or produced under this Agreement shall be protected in accordance with the provisions of this Agreement until the Party of origin in writing exempts the Party concerned from that obligation.
    4. Any dispute relating to the interpretation or application of this Agreement shall be settled through consultations and negotiations between the Parties.
    In faith, the undersigned, duly authorized to do so, have signed this Agreement.
    Made in Baku on 6 May 2014 in two original French and Azeri languages, both texts being equally authentic.


    For the Government of the French Republic
    Ambassador of France to Azerbaijan
    Pascal Meunier


    For the Government of the Republic of Azerbaijan
    Deputy Minister for Foreign Affairs
    Khalaf Khalafov


Done on April 13, 2015.


François Hollande

By the President of the Republic:


The Prime Minister,

Manuel Valls


Minister for Foreign Affairs and International Development,

Laurent Fabius

(1) Entry into force: 19 December 2014.
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