Key Benefits:
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:
The agreement between the Government of the French Republic and the Government of the Republic of Peru on the protection of information and material classified in the field of defence (a consolidated annex), signed in Lima on 4 November 2013, will be published in the Official Journal of the French Republic.
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.
AGREEMENT
ENTER THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE REPUBLIC OF THE PÉROU RELATING TO THE PROTECTION OF INFORMATION AND CLASSIVE MATTERIES IN THE FIELD OF EXPENSES (ENSEMBLE ANNEX), SIGNED TO LIMA ON 4 NOVEMBER 2013
The Government of the French Republic, hereafter referred to as "the French Party", and
The Government of the Republic of Peru, referred to as the "Party of Peru",
The Parties shall,
Desiring both States to guarantee the protection of classified information and materials exchanged or produced in the field of defence, 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:
"Classified Information and Materials", the information and material to which, without prejudice to their form, nature and mode of transmission, whether developed or under development, has been assigned a level of security or protection classification and which requires, in the interest of national security and in accordance with the national laws and regulations of the Parties, protection against destruction, subtraction, disclosure, loss, or other type of access authorized by a person
"Part of Origin", the Party, including any public or private body subject to its national laws and regulations, which issues or transmits classified information or material to the other Party;
"Recipient Party", the Party, including any public or private body subject to its national laws and regulations, to whom classified information or material is transmitted;
“ Host Party”, the Party on whose territory a visit is made;
"Relevant Security Authorities", the authority of each Party, responsible for the general control and implementation of this Agreement or any competent authority authorized in accordance with the national laws and regulations of each Party and which is responsible for the implementation of this Agreement in the areas concerned;
"Domain of defence", the area in which all means are implemented to carry out the national defence missions of each Party;
"Safety clauses contract or contract", a contract, subcontract or project whose development and execution require access to classified information or material or the use and production of classified information;
"Contractor" means any individual or legal entity with the legal capacity to negotiate and enter into contracts or security clauses;
"User", a natural or legal person authorized by the Parties to process classified information and materials;
"Need to know" refers to the need to have access to information and material classified under a specific official function and for the execution of a specific mission.
Article 2
Subject
This Agreement shall constitute the common security regulation, applicable in the area of defence, for any exchange of information and material classified between the Parties, or between public or private bodies subject to their national laws and regulations.
Article 3
Competent authorities
The Competent Security Authorities responsible for the general control and implementation of this Agreement shall:
For the French Republic:
Ministry of Defence of the French Republic, 14, rue Saint-Dominique, 75700 Paris SP 07.
For the Republic of Peru:
Ministerio de defensa, Av. La Peruanidad s/n, Jesús Marìa, Lima.
Parties shall be kept mutually informed of any possible change affecting their competent security authorities.
Article 4
Security principles
In accordance with their respective national laws and regulations, Parties shall take measures to ensure the protection of classified information and materials that are 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.
The protection of classified information and material exchanged between Parties shall be governed by the following principles:
4.1. The recipient Party shall give the classified information and material that it receives a level of protection equivalent to that expressly applied to that information and material by the Party of origin in accordance with the equivalences defined in Article 5 of this Agreement.
4.2. Access to classified information and materials is limited only to persons who have been previously authorized at the required level and whose functions require access to such information and material classified on the basis of the need to know.
4.3. The receiving Party shall not transmit the classified information and material to a third State, to a natural or legal person not having the nationality of a Party, or an international organization without the prior written authorization of the competent authorities of the Party of origin.
4.4. The classified information and material transmitted cannot be used for purposes other than those for which it is officially transmitted.
4.5. The receiving Party shall not declassify or declassify any classified information or material transmitted without the prior written consent of the competent authorities of the Party of origin.
Article 5
Safety classifications and equivalences
Parties, having taken note of the security measures prescribed by their respective national laws and regulations, undertake to ensure the protection of classified information and materials exchanged and adopt the equivalence of the security classification levels defined in the table below:
| SECRET DEFENSE | SECRETO |
| CONFIDENTIED | RESERVADO |
| (Nota) | CONFIDENCIAL |
In order to maintain comparable security standards, each Party, at the request of the other, shall provide all information regarding the security rules, procedures and national practices applied to ensure the safety of classified information and materials. Each Party shall facilitate contacts between the security authorities of the two Parties.
Parties shall be kept informed of any changes in laws and regulations concerning the security of classified information and materials.
Article 6
Security clearance
For access to classified information and materials CONFIDENTIEL DEFENSE/RESERVADO or higher, each Party, in accordance with national legislation and regulations, follows a security clearance procedure.
With regard to the security clearance of a national of one of the Parties who has stayed or is still residing in the territory of the other under agreements or contracts submitted to this Agreement, the competent security authorities of each Party shall provide assistance in accordance with their national legislation and regulations.
Article 7
Marking, reception and modification
Upon receipt of classified information and material from the other Party, the recipient Party shall apply its own national classification stamps in accordance with the equivalences defined in Article 5 of this Agreement.
The Parties shall mutually reinforce any further change in the classification of information and classified materials transmitted.
Article 8
Disclosure rules
The classified information and materials exchanged, transmitted or elaborated jointly by the two Parties under agreements, contracts classified or any other common activity 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.
Article 9
Security measures
Each Party shall bring to the attention of users the existence of this Agreement whenever exchanges of classified information and materials are concerned.
Parties shall mutually recognize security clearances issued to their nationals as part of access to classified information.
If one of the Parties considers that a company registered in its national territory is the property or is under the influence of a third State whose objectives are not compatible with those of the host Party, that company will not be issued an enabling certificate. The competent security authorities of the requesting Party shall be notified accordingly as soon as possible.
The Competent Security Authorities shall keep each other informed of the 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 10
Information transmission to users of Parties
In the event of transmission of classified information and material from one Party to users of the other Party, the recipient Party shall:
10.1. Ensure that their facilities are able to adequately protect classified information and materials.
10.2. Provide security clearance to these facilities at the required level.
10.3. Provide security clearance at the required level to those who need to know about it.
10.4. Ensure that all persons with access to this classified information and material are informed of their responsibilities for the protection of information and material classified in accordance with the laws and regulations in force.
10.5. Conduct or conduct regular safety inspections of its facilities.
Article 11
Reproductions, translations and destruction
The recipient Party shall ensure the marking of reproductions and translations produced identically to the originals and shall ensure the same protection.
The translation and reproduction of classified information SECRET DEFENSE/SECRETO is authorized only with the written consent of the competent security authorities of the Party of origin.
The classified information is destroyed in such a way that their total or partial reconstruction is impossible.
According to the national laws and regulations of the Parties, written proof of destruction must be retained and provided to the Party of origin upon request.
Article 12
Communications procedures
12.1. 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.
12.2. Competent security authorities may agree that classified information may be transmitted by another means other than diplomatic channels, as this mode of transmission would be inappropriate or difficult.
12.3. The transmissions meet the following requirements:
(a) The conveyor has an appropriate security clearance. The forwarding person is a permanent employee of the forwarding or receiving company, or is a member of the administration, and has an authorization of at least one level equal to that of 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 record of classified information that is transferred and an excerpt from that register shall be provided to the Party of origin upon request. The sender shall keep a record of the classified information forwarded, a copy of the said statement shall be delivered to the consignee who transmits it to the competent authority;
(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.
12.4. The transmission of a large amount of classified information is organized between the respective competent security authorities on a case-by-case basis.
12.5. The electronic transmission of classified information is carried out only in encrypted form, using mutually accepted cryptographic methods and devices between the respective competent security authorities.
Article 13
Contracts classified
13.1. Where pre-contractual negotiations for a contract or contract of subcontracted subcontract are commenced, between a user located in one of the Parties and another located in the other Party, the Competent Security Authority of the Party of origin shall inform the security authority of the recipient Party. The notification must indicate the highest level of classification of information involved in the classified contract.
13.2. The Competent Safety Authorities of the Party of origin shall notify the Competent Security Authorities of the Party concerned of any Security Agreement or clauses prior to any exchange of classified information.
13.3. 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 Security Authority of the other Party that the Contracting Party holds the appropriate level of authorization necessary for the performance of the said classified contract. If not, the Competent Security Authority of the recipient Party shall commence an enabling procedure at the required level.
13.4. Before concluding a Contract with a Contractor placed under the jurisdiction of the other Party or authorizing one of its own Contractors to enter into a Contractor classified in the territory of the other Party, a Party shall, in advance, receive the written assurance of the Competent Security Authority of the other Party that the Proposed Contractor has received an appropriate level clearance and that it has taken all appropriate security measures necessary for the protection of the information.
13.5. For any contract or contract of subcontract classified with classified information and material, a security annex shall be established. In this annex, the Competent Security Authority of the Party of origin of the information or equipment specifies what must be protected by the recipient Party and the corresponding classification level that is applicable. Only the authority of the Party of origin may change the classification level of an information or material defined in a security annex.
13.6. Any classified contract contains provisions relating to security instructions as well as a classification guide. These instructions are consistent with those provided by the competent security authorities of the Party of origin.
13.7. The Competent Security Authority of the Party of origin shall transmit a copy of the security annex to the Competent Security Authority of the other Party.
13.8. The Competent Security Authorities of the Party in the territory of which the classified contract is to be executed are required to ensure that, as part of the execution of classified Contracts, is applied and maintained a security level equivalent to that required for the protection of their own classified Contracts.
13.9. Before concluding a Contract 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 14
Visits
Visits by nationals of a Party on a site of the other Party where classified information and materials are held shall be granted provided that prior written authorization for such visits has been given by the competent security authority of the host Party. Visits by third-country nationals involving access to classified information or material exchanged between Parties or areas where such information and material may be held may be permitted only by mutual agreement between Parties.
Requests for visits are transmitted through diplomatic channels to the competent security authority of the host Party. These requests must be submitted within a minimum period of three (3) weeks before the requested visit. Requests for visits contain information contained in the Annex to this Agreement.
A Party may request a visit authorization for a maximum period of twelve (12) months. If there is a presumption that a particular visit will not be completed within the approved period or that an extension of the authorized period for regular visits is required, the Party making the request for a visit shall make a new request for permission to visit within a period not less than three weeks before the expiry of the authorization for the current visit.
All visitors must comply with the security rules and instructions of the host Party.
The visits referred to in this paragraph imply that any visitor has an appropriate security clearance and the need to know about it.
Article 15
Multiple visits
For any classified project, programme or contract, Parties may agree to establish lists of personnel authorized to undertake multiple visits in accordance with the terms and conditions mutually agreed by the competent security authorities of the Parties. These lists are valid for an initial period of twelve months that may be extended after agreement between the Competent Security Authorities of the Parties for additional periods not exceeding twelve months.
The lists mentioned above shall be established and determined 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 modalities of special visits may be carried out directly with the competent authorities of the establishments to be visited by the persons mentioned in the lists in accordance with the terms and conditions approved.
Article 16
Facilities control
In accordance with its national laws and regulations, each Party shall conduct security inspections in its establishments that hold classified information and materials transmitted or exchanged under this Agreement, in order to ensure that security measures are properly implemented.
In accordance with the procedures set out in this Agreement, the representatives of each Party, upon their request, may visit the sites and facilities located in the territory of the other Party in order to assess, with the competent authorities, the protective measures put in place to ensure the safety of classified information and materials transmitted by the Party of origin.
Article 17
Security component
In the event of a suspicious or proven compromise, in any form, destruction, diversion, diversion, unauthorized reproduction, disclosure, actual or presumed loss of classified information and material transmitted or exchanged, or any violation of the national regulations relating to the protection of classified information transmitted under this Agreement, the competent security authorities of the other Party shall be immediately informed in writing.
The notification must be sufficiently detailed so that the Party of origin can conduct a full assessment of the consequences.
The receiving Party shall conduct an investigation (with, if necessary, the assistance of the other Party) and shall take any appropriate action, in accordance with its national laws and regulations, to limit the consequences and prevent any new cases. The receiving Party shall inform the Party of origin of the results of the investigation and of the measures taken to avoid the reproduction of such actions.
Article 18
Fees
The execution of this Agreement does not generate any specific costs.
Article 19
Settlement of disputes
Any dispute relating to the interpretation or application of this Agreement shall be settled exclusively by consultation between the Parties.
Rule 20
Final provisions
Each Party shall notify the other of the performance of the internal procedures required for the entry into force of this Agreement, which shall take effect on the day the second notification is received. The provisions of this Agreement shall also apply to classified information and materials exchanged prior to its entry into force.
This Agreement may be amended at any time by mutual agreement in writing between the Parties. The amendments shall enter into force in accordance with paragraph 1 of this article.
This Agreement, including its annex, which is an integral part of it, shall be concluded for a period of twenty (20) years, from the date of entry into force, and shall be expressly renewed for periods of five (5) years.
This Agreement may be denounced at any time by each Party with a notice of six (6) months. Such denunciation shall not jeopardize the rights and obligations of the Parties relating to the protection of classified information and material exchanged for the purposes of the implementation of this Agreement.
In the event of denunciation and as long as the Party of origin has not notified their declassification to the Party concerned, classified information and material exchanged during the duration of the Agreement, as well as those resulting from classified contracts or subcontracts entered into and still in force or under execution, shall continue to be treated in accordance with the provisions of this Agreement.
IN WITNESS WHEREOF the representatives of the two Parties duly authorized to do so, sign this Agreement and apply its seal thereon.
Done in Lima on 4 November 2013 in two copies, each in French and Spanish, both texts being equally authentic.
For the Government of the French Republic: Jean-Yves Le Drian
Minister of Defence
For the Government of the Republic of Peru: Pedro Casteriano Bellido
Minister of Defence
Annex
The request for a visit referred to in articles 14 and 15 shall contain the following information:
(a) The name and name of the visitor, the date and place of birth, nationality and passport number;
(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 requesting Party;
(d) The proposed date of the visit and the expected duration;
(e) The purpose of the visit and all useful indications on the subjects to be treated and the classification levels of classified information and materials;
(f) The name of the establishments, facilities and premises, objects of the visit;
(g) Names and names of persons who must receive the visitor, if possible;
(h) The date, signature and affixing of the official stamp of the competent (security) authority of the requesting party.
Done on August 20, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
