Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Given the Decree No. 53-192 of 14 March 1953, amended on the ratification and publication of international commitments entered into by France, Décrète:
The agreement between the Government of the French Republic and the Swiss Federal Council on exchange and Mutual protection of classified information, signed at Solothurn on 16 August 2006, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are each responsible 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 FEDERAL COUNCIL ON THE EXCHANGE AND THE EXCHANGE RECIPROCAL PROTECTION OF CLASSIFIED INFORMATION
The Government of the French Republic,
The Swiss Federal Council,
hereinafter referred to as the Parties,
Desiring to ensure 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;
Have 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 the 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 interests of national security and in accordance with the national laws and regulations of the Parties, requires protection against any violation, destruction, misappropriation, disclosure, loss, access by a Unauthorized person or any other type of compromise.
1.2. " Classified Contract or Security Clauses " Means a contract, subcontract or project whose development and execution require access to classified information or the use and production of information Classified.
1.3. " Contractant " Means any individual or legal entity having the legal capacity to negotiate and conclude classified contracts or security clauses.
1.4. " National Security Authority " (ANS) refers to the national authority responsible for general monitoring and implementation of this Agreement for each Party.
1.5. " Competent security authorities " Refers to any Designated Security Authority (SDA) or other competent body authorized in accordance with the national laws and regulations of the Parties and responsible for enforcement Agreement according to the areas concerned.
1.6. " Original Party " Refers to the Party, including any public or private body subject to its national laws and regulations, which issues or passes classified information to the other Party.
1.7. " To Party " Refers to the Party, including any public or private body subject to its national laws and regulations, to whom the classified information is
. " Host Party " Refers to the Party in whose territory a visit takes place.
1.9. " Need to know " Refers to the need for access to classified information within a specified official function and for the execution of a specific mission.
1.10. " Third State " Refers to any State, international organization or entity or national of any state, which is not a party to this Agreement.
Article 2
Scope
This Agreement constitutes 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.
Article 3
National Security Authorities
The National Security Authority of each Party is:
For the French Republic:
National Defence Secretariat (SGDN), 51, boulevard de Latour-Maubourg, 75700 Paris 07 SP.
For the Swiss Confederation:
Chief of the Army Staff, Protection of Information and Objects, Papiermühlestrasse 20, CH-3003 Bern.
The Parties shall keep each other informed of all Possible change affecting the National Security Authority and their Competent Security Authorities by diplomatic note.
Article 4
Security Principles
4.1. In accordance with their respective national laws and regulations, the Parties shall take appropriate measures to protect classified information transmitted, received or created under the terms of this Agreement and shall contribute to the said Information a level of protection equivalent to that accorded to their own national classified information, as defined in Article 5.1.
4.2. Upon receipt of the classified information from the Party of origin, the receiving Party shall affix its own national classification according to the equivalences defined in Article 5.1.
4.3. Access to classified information is strictly reserved for nationals of Parties who have obtained an appropriate level of clearance and whose functions provide access to the said essential information on the basis of the need for Know.
4.4. The receiving Party shall not declassify or declassify classified information transmitted without the prior written consent of the Party of
. The Parties shall promptly keep informed of any changes that would affect the protection of classified information exchanged or produced under this
. Classified information transmitted shall not be used for purposes other than those for which it is transmitted, provided for in the contractual agreements or instruments concluded between the Parties.
4.7. The Parties shall ensure that any requirements arising from their national security laws and regulations covering the safety of agencies, offices and facilities under their jurisdiction are met, inter alia, through inspection visits
Item 5
Security Classifications and Equivalencies
5.1. The Parties undertake to ensure the protection of the classified information exchanged and adopt the equivalency of the security classification levels defined in the table below:
You can consult the table In OJ
No 39, 15/02/2007 text number 5
5.2. The French Republic treats and protects information with a reference such as " INTERNAL TO OFFICE INTERNAL TO SERVICE " Transmitted by the Swiss Confederation in accordance with its current national laws and regulations concerning information Protected but not classified, such as " RESTRICTED DISSEMINATION ".
5.3. The Swiss Confederation processes and protects information not classified but covered by a mention of protection such as " RESTRICTED DISSEMINATION " Transmitted by France in accordance with its national laws and regulations in force relating to Protecting information such as " INTERNAL TO THE OFFICE-INTERNAL SERVICE ".
5.4. For special security reasons, where the Party of origin requires access to classified information of level SECRET DEFENSE-SECRET/SEGRETO/GEHEIM or CONFIDENTIEL DEFENSE-CONFIDENTIEL/CONFIDENZIALE/VERTRAULICH Limited to persons who are exclusively nationals of the Parties, this information shall bear the reference to their classification and an additional warning " SPECIAL FRANCE-SUISSE ".
5.5. The ANS or Competent Security Authorities shall keep each other informed of any additional protection marking that may be exchanged or produced under this Agreement.
5.6. In order to maintain comparable safety standards and at the request of either Party, each Party shall provide all necessary information concerning national laws, regulations and security procedures applied for Ensure the security of classified information. Each Party agrees to facilitate contacts between their ANS and Competent Security Authorities.
Article 6
Security Clearance Steps
6.1. For access to classified information CONFIDENTIAL/CONFIDENTIAL/CONFIDENZIALE/VERTRAULICH or higher, each Party, in accordance with national laws and regulations, conducts a security clearance procedure.
6.2. As regards the security clearance of a national of one of the Parties who has stayed or is still residing in the territory of the other Party, the ANS of the Parties shall assist in accordance with their national laws and
. The Parties shall mutually recognise security clearances issued to their nationals in connection with access to classified
. If the ANS or the Competent Security Authorities of 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 its interests, That company will not be issued a clearance certificate. The ANS or the Competent Security Authorities of the requesting Party will be notified accordingly as soon as possible.
6.5. The ANS or the Competent Security Authorities shall keep each other informed of changes in the security clearances of their nationals within the framework of this Agreement, in particular in the event of withdrawal of clearance or
Article 7
Use of Classified Information
7.1. The receiving Party shall not disclose classified information exchanged or developed under this Agreement to any third State without the prior written consent of the ANS or the Competent Security Authorities of the Party of origin.
7.2. Classified information prepared jointly by the Parties under agreements, contracts or any other common activity shall not be declassified, declassified or transmitted to a third State without the prior written agreement of the other Part.
7.3. Prior to the transmission to contractors of any classified information received from the Party of origin, the Competent Security Authorities of the receiving Party:
(a) shall ensure that contractors and their facilities are capable of providing Appropriate protection for classified information;
b) attribute the required level of clearance to the facilities of the contractor concerned;
c) attribute the level of clearance 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) carry out security checks in the Affected installations.
Article 8
Translation, Reproduction and Destruction
8.1. The receiving Party shall ensure the marking of the reproductions and translations produced in the same manner as the originals and shall ensure the same protection.
8.2. The translation and reproduction of classified information SECRET DEFENSE-SECRET/SEGRETO/GEHEIM is authorized only with the written consent of the ANS or Competent Security Authorities of the Party of origin.
8.3. Classified information is destroyed in such a way that full or partial reconstruction is not possible.
Article 9
Transmission between the Parties
9.1. Classified information shall be transmitted from one Party to the other through diplomatic channels in accordance with the national laws and regulations of the Party of
. The ANS or the Competent Security Authorities may, by mutual agreement, agree that classified information may be transmitted by a means other than diplomatic means, to the extent that such mode of transmission would be inappropriate
9.3. The transmissions meet the following requirements:
(a) the conveyor has an appropriate security clearance;
(b) the originating Party maintains a record of the classified information that is transferred and an extract from that registry is provided To the receiving Party upon request;
(c) Classified information shall be properly packed and sealed in accordance with the national laws and regulations of the Party of origin;
(d) the receipt of classified information shall be confirmed by Written as soon as possible.
9.4. The transmission of a large amount of classified information is organized between ANS or respective Competent Security Authorities on a case-by-case basis.
9.5. The electronic transmission of classified information shall be carried out only in encrypted form, using mutually agreed cryptographic methods and devices between ANS or respective Competent Security Authorities.
Article 10
Classified or Security Clauses
10.1. The Competent Security Authorities of the Party of origin shall notify the Competent Security Authorities of the receiving Party of any classified contract or security clauses prior to 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 or security clause contract with a contractor of the other Party shall ascertain itself with the ANS or the Competent Security Authorities of the other Party The latter has the appropriate level of clearance necessary for the performance of the said contract. If not, the ANS or the Competent Security Authorities of the receiving Party will begin a clearance procedure at the required level.
10.3. Before concluding a classified or security contract contract with a contractor under the jurisdiction of the other Party or authorizing one of its own contractors to enter into a designated contract or safety clause in the territory of the other Party Party, a Party shall receive in advance the written assurance of the ANS or the Competent Security Authorities of the other Party that the proposed contractor has received an appropriate level clearance and has taken all security measures Appropriate for protecting classified information.
10.4. For any contractual instrument containing classified information, a security annex shall be drawn up. In this Annex, the ANS or the Competent Security Authorities of the Party of origin shall specify what is to be protected by the receiving Party and the corresponding applicable classification level. Only the Party of origin can change the classification level of an information defined in a security annex.
10.5. A classified contract or security clause contains provisions relating to safety instructions and a classification guide. These instructions are consistent with those provided by the Competent Security Authorities of the originating Party.
10.6. The ANS or the Competent Security Authorities of the Party of origin shall transmit a copy of the security annex to the ANS or the Competent Security Authorities of the other Party.
10.7. The Competent Security Authorities of the Party in the territory in which the work is to be performed shall be required to ensure that, in the performance of classified contracts or security clauses, a level is applied and maintained Security equivalent to that required for the protection of their own classified contracts or security clauses.
10.8. Before entering into a classified contract or security clause with a sub-contractor, the contractor shall be authorised by its Competent Security Authorities. Subcontractors comply with the same security conditions as those established for the contractor.
Article 11
Visits
11.1. Visits to installations 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 shall be subject to prior written authorisation The ANS or the Host Party's Competent Security Authorities.
11.2. Visits to installations of one of the Parties by nationals of a third State involving access to classified information exchanged or produced between the Parties or to sites where access to such information is directly Requires the prior written approval of the ANS or the Competent Security Authorities of the Parties.
11.3. 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.
11.4. Requests for visits, when access to classified information of SECRET level DEFENSE-SECRET/SEGRETO/GEHEIM or CONFIDENTIEL DEFENSE-CONFIDENTIEL/CONFIDENZIALE/VERTRAULICH is required, are processed directly between ANS or Authorities Of the respective Competent Security. Applications are sent at least three (3) weeks before the date required for the visit. Requests for visits shall contain the information set out in the Annex to this
. Each party may apply for a visit authorization for a maximum period of twelve (12) months. If a particular visit is likely not to be concluded within the period provided for by the authorisation to visit, or if an extension of the period provided for by the authorisation to visit is necessary, the requesting Party may request a new Permission to visit, provided it is completed at least three (3) weeks before the current authorization expires.
11.6. All visitors comply with the laws, regulations, and security instructions of the host Party.
Article 12
Multiple Visits
12.1. The Parties may draw up a list of staff authorised to carry out several visits in connection with any particular project, programme or contract, in accordance with the terms and conditions agreed upon by the ANS or the Competent Security Authorities Parties. Initially, these lists are valid for a period of twelve (12) months and, by agreement between the ANS or the Competent Security Authorities of the Parties, this period of validity may be extended for other periods not exceeding twelve (12) months at the Total.
12.2. The lists referred to in paragraph 12.1 above shall be drawn up in accordance with the national laws and regulations of the host Party. Once these lists have been approved, the terms and conditions of all specific visits can be addressed directly by the institutions that the persons mentioned on these lists will visit.
Article 13
Violation of
laws and regulations for protecting classified information
13.1. In the event that a breach of the national rules relating to the protection of classified information transmitted under this Agreement cannot be excluded, or where it is presumed or discovered, in particular in the case of loss or Any other type of compromise or suspected compromise, the ANS or the Competent Security Authorities of the other Party shall be immediately informed in
. The notification must be sufficiently detailed so that the Party of origin can conduct a full assessment of the consequences.
13.3. The party who has discovered or suspected the facts shall immediately investigate (with, if necessary, the assistance of the other Party) in accordance with the national laws and regulations in force in the State concerned. The Party conducting the investigation shall promptly inform the ANS or the Competent Security Authorities of the other Party of the circumstances, the outcome of the investigation, the measures adopted and the corrective action taken.
Item 14
Charges
14.1. The implementation of this Agreement does not in principle generate any specific costs.
14.2. Any costs incurred by a Party as a result of the application of this Agreement shall be borne by that Party only within the limits of its availability.
Article 15
Litigation Resolution
15.1. Any dispute over the interpretation or application of this Agreement shall be resolved exclusively through consultations between the Parties, without recourse to any third party.
15.2. During the duration of the dispute, the Parties shall continue to respect the obligations arising from this Agreement.
Article 16
Final Provisions
16.1. This Agreement repeals and replaces the Convention on the Protection/Conservation of National Defence Secrecy/Military National Defence, made in Paris on 22 March 1972 and in Berne on 23 March 1972
This Agreement shall be concluded for an indefinite period. Each Party shall notify the other of the completion of the internal procedures required for the entry into force of this Agreement, which shall take effect on the first day of the second month following receipt of the last of the Notifications.
16.3. As necessary, the ANS or the Competent Security Authorities of the Parties shall consult each other on the specific technical aspects concerning the application of this Agreement and may conclude, on a case-by-case basis, any appropriate legal instrument Or specific security protocol to supplement this Agreement.
16.4. Each Party shall promptly communicate to the other any amendment of its national laws and regulations which may affect the protection of information classified under this Agreement. In this case, the Parties shall consult in order to consider possible amendments to this Agreement. In the meantime, classified information remains protected in accordance with these provisions.
16.5. The provisions of this Agreement may be amended by mutual agreement in writing between the Parties. These amendments shall take effect in the manner provided for in paragraph 16.2.
16.6. This Agreement may be terminated by mutual agreement or unilaterally, the denunciation shall take effect six (6) months after receipt of the written notification. The denunciation shall not affect the rights and obligations of the Parties relating to the information exchanged under this Agreement.
IN WITNESS WHEREOF, the representatives of both Parties, duly authorized thereto, have signed this Agreement
Done at Solothurn on August 16, 2006, in duplicate in French.
For the Government
of the French Republic:
Ambassador of France
in Switzerland,
Jean-Didier Roisin
For the Swiss Federal Council:
Federal Department of
,
Protection of Population and Sports,
Chief
Protection of Information and Objects,
Urs Freiburghaus
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 first name of the visitor, date and place of birth, nationality and passport or identity card number;
(b) The employment and function of the visitor, the name of the institution or organization that employs it;
(c) The level of security clearance of the visitor, authenticated by a security certificate to be provided by the competent authority of the Party Applicant;
d) The proposed date of the visit and the expected duration;
e) The purpose of the visit and all the necessary indications specifying the subjects to be treated involving classified information and their classification levels;
f) Name of the establishments, facilities and premises of the visit;
g) The names and names of the persons who are to receive the visitor;
h) The date, signature and stamp of the official stamp of the competent authority of the Requesting Party.
Done at Paris, February 13, 2007.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister for Foreign Affairs,
Philippe Douste-Blazy
