rijk/verdrag/verdrag-tussen-het-koninkrijk-der-nederlanden-en-de-portugese-republiek-inzake-d/BWBV0007084

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag tussen het Koninkrijk der Nederlanden en de Portugese Republiek inzake de uitwisseling en wederzijdse beveiliging van gerubriceerde gegevens	BWBV0007084	verdrag	geldend	null	https://wetten.overheid.nl/BWBV0007084	Verdrag tussen het Koninkrijk der Nederlanden en de Portugese Republiek inzake de uitwisseling en wederzijdse beveiliging van gerubriceerde gegevens

Verdrag tussen het Koninkrijk der Nederlanden en de Portugese Republiek inzake de uitwisseling en wederzijdse beveiliging van gerubriceerde gegevens

Artikel 1

1. The purpose of this Agreement is to ensure the protection of Classified Information exchanged between the Parties, between one Party and a Contractor under the jurisdiction of the other Party, between Contractors under the respective Parties’ jurisdiction, or generated in the framework of a bilateral program under this Agreement. This Agreement sets out the security procedures and arrangements for such protection.

2. The Parties shall take all appropriate measures under their internal law to ensure the protection of Classified Information in accordance with this Agreement.

3. This Agreement does not constitute a basis to compel the provision or exchange of Classified Information by the Parties.

Artikel 2

For the purpose of this Agreement:

a) a)

    **“Agreement”** means this document, including its Annex;

b) b)

    **“Classified Contract”** means any legally binding instrument to provide goods and/or services to be entered into by one of the Parties or a Contractor under its jurisdiction with a Contractor under the jurisdiction of the other Party, which contains Classified Information or the performance of which requires access or potential access to Classified Information. This term includes pre-contractual activity;

c) c)

    **“Classified Information”** means any information regardless of its form that is assigned a security classification level by a Party, the unauthorised disclosure, alteration, compromise or loss of which could cause varying degrees of damage or harm to the interests of one or both of the Parties. This information may include reproductions, translations, and material in the process of development;

d) d)

    **“Competent Security Authority”** means the government authority in a Party responsible for the implementation and supervision of this Agreement. The Competent Security Authority may delegate part of its responsibilities to a delegated competent security authority;

e) e)

    **“Contractor”** means any individual (other than those engaged by a Party under a contract of employment), legal entity or other forms of organisation under the jurisdiction of a Party, entering into or bound by a Classified Contract. This term includes a sub-contractor;

f) f)

    **“Facility Security Clearance”** means the administrative determination by the Competent Security Authority that, from a security viewpoint, a facility can afford adequate security protection to Classified Information, in accordance with its internal law;

g) g)

    **“Need to Know”** means the requirement for an authorised individual, legal entity or other form of organisation to access, have knowledge of, or possess Classified Information in order to be able to perform their official duties or services;

h) h)

    **“Originating Party”** means the Party under whose authority Classified Information has been created;

i) i)

    **“Personnel Security Clearance”** means the administrative determination by the Competent Security Authority that an individual has been security cleared to access and handle Classified Information up to and including a specified classification level, in accordance with its internal law;

j) j)

    **Program/Project Security Instruction**” “means a compilation of security regulations and procedures based on national security policy and supporting directives, which are applied to a specific program or project in order to standardize security procedures;

k) k)

    **“Providing Party”** means the Party or Contractor under its jurisdiction, which provides Classified Information to the Receiving Party under this Agreement;

l) l)

    **“Receiving Party”** means the Party or Contractor under its jurisdiction, which receives Classified Information from the Providing Party under this Agreement;

m) m)

    **“Security Classification Guide”** means a document associated with a Classified Contract specifying the applicable security classification levels of each part of that Classified Contract;

n) n)

    **“Security Incident”** means any unauthorised disclosure, alteration, compromise, loss, access, handling, storage or destruction of Classified Information, contrary to internal law of the Receiving Party and/or this Agreement;

o) o)

    **“Third Party”** means any international organisation, government or state, including individuals, legal entities or other forms of organisation under its jurisdiction, which is not a Party to this Agreement.

Artikel 3

1. The Competent Security Authorities of the Parties are listed in the Annex of this Agreement.

2. The Competent Security Authorities shall provide each other with official contact details and any changes thereof.

Artikel 4

1.

The following security classifications of the Parties are equivalent and correspond to the security classification levels specified in the Parties’ internal law. The English equivalent is an informal translation, not part of the internal law of the Parties and shall not be used to mark Classified Information.

For the Kingdom of the Netherlands	For the Portuguese Republic	Equivalent in English
Stg. ZEER GEHEIM	MUITO SECRETO	TOP SECRET
Stg. GEHEIM	SECRETO	SECRET
Stg. CONFIDENTIEEL	CONFIDENCIAL	CONFIDENTIAL
DEPARTEMENTAAL VERTROUWELIJK	RESERVADO	RESTRICTED

2. Classified Contracts within the military domain at the security classification level equivalent to “DEPARTEMENTAAL VERTROUWELIJK” shall be treated as “CONFIDENCIAL” for the purpose of issuing a Facility Security Clearance pursuant to article 7.

Artikel 5

1. The Originating Party shall assign a security classification level to Classified Information and shall mark the Classified Information according to its internal law.

2. The Receiving Party shall mark all the Classified Information that it has received from the Providing Party with the Receiving Party’s security classification that corresponds to the security classification given by the Originating Party in accordance with article 4 and, where applicable, in accordance with paragraph 5 of this article.

3. The Receiving Party shall not modify or revoke the security classification of received or generated Classified Information under this Agreement without the written approval of the Originating Party.

4. The Originating Party shall ensure that the Receiving Party will be informed of any change in the security classification level of the Classified Information provided.

5. The Originating Party may additionally mark the Classified Information with handling requirements, to specify any limitations on its use, disclosure, release and access by the Receiving Party.

6. Classified Information jointly originated by the Parties shall be assigned a security classification that is mutually determined by the Parties.

7. The Parties shall afford Classified Information exchanged or generated under this Agreement at least the same protection as they afford to their own Classified Information at the corresponding security classification level.

8.

In accordance with article 1, paragraph 2 of this Agreement, the Parties shall take all appropriate measures to ensure that the Providing Party:

a) a) marks Classified Information with the appropriate security classification in accordance with its internal law; b) b) informs the Receiving Party of any conditions of release or limitations on the use of the Classified Information provided.

9.

In accordance with article 1, paragraph 2 of this Agreement, the Parties shall take all appropriate measures to ensure that the Receiving Party:

a) a) affords the same level of protection to Classified Information as afforded to its national Classified Information of an equivalent security classification level; b) b) ensures that Classified Information is not disclosed or released to a Third Party without the prior written consent of the Originating Party and, if deemed necessary, on conditions; c) c) uses Classified Information solely for the purpose it has been released for and in accordance with handling requirements of the Originating Party.

Artikel 6

1. Access to Classified Information shall be granted only to those individuals who have a Need to Know, are briefed on their responsibilities for the protection of Classified Information, and have signed a statement of confidentiality in accordance with the internal law of the Receiving Party.

2. In addition to the requirements in paragraph 1 of this article, access to Classified Information at the security classification levels equivalent to “CONFIDENTIAL” and above as mentioned in article 4 of this Agreement, shall be granted only to those individuals who hold a Personnel Security Clearance at the corresponding level or who are otherwise duly authorised to access Classified Information by virtue of their function, in accordance with the internal law of the Receiving Party.

Artikel 7

1. Upon request of the Originating Party, the Competent Security Authority of the Receiving Party shall inform the Competent Security Authority of the Originating Party whether a Contractor, under jurisdiction of the Receiving Party and participating in a Classified Contract, has been issued a Facility Security Clearance at the required security classification level. If the Contractor does not, at that point, hold a Facility Security Clearance, or the Facility Security Clearance is at a lower level than that required, the Competent Security Authority receiving the request shall inform the requesting Competent Security Authority of that fact.

2. If a Party or a Contractor under its jurisdiction proposes to grant a Classified Contract at a security classification level equivalent to “CONFIDENTIAL” or above as mentioned in article 4 of this Agreement, with a Contractor under the jurisdiction of the other Party, it shall first obtain written confirmation from the Competent Security Authority of the other Party that the Contractor has been granted a Facility Security Clearance at the appropriate security classification level. For Classified Contracts at the security classification level equivalent to “RESTRICTED” as mentioned in article 4 of this Agreement, a Facility Security Clearance may be required, if mandated by respective internal law of the Contractor.

3.

In accordance with article 1, paragraph 2 of this Agreement, the Party under whose jurisdiction the Classified Contract is to be performed shall ensure that the Contractor:

a) a) ensures that all individuals granted access to Classified Information are informed of their responsibilities to protect Classified Information in accordance with the conditions defined in this Agreement and in accordance with their internal law; b) b) monitors the security conduct within its facilities; c) c) notifies promptly its Competent Security Authority of any Security Incident relating to the Classified Contract.

4. In addition to article 7, paragraph 3, subparagraphs a), b) and c) of this Agreement, for Classified Contracts at the security classification levels equivalent to “CONFIDENTIAL” or above as mentioned in article 4 of this Agreement, the Competent Security Authority shall ensure that the Contractor holds a Facility Security Clearance at the appropriate security classification level in order to protect the Classified Information and that the individuals requiring access to Classified Information hold a Personnel Security Clearance at the appropriate security classification level.

5.

Every Classified Contract shall include security requirements which identify the following aspects:

a) a) a Security Classification Guide; b) b) a procedure for notification of changes in the security classification level; c) c) the channels and procedures to be used for the transport and/or transmission of Classified Information; d) d) instructions for the handling, storage, destruction and returning of Classified Information; e) e) contact details of the Competent Security Authorities responsible for overseeing the protection of Classified Information related to the Classified Contract; f) f) the obligation to notify any Security Incidents to the Competent Security Authority of the Contractor and the obligation for Contractors to take all reasonable steps to assist in mitigating the effect of such a security violation, in consultation with the Competent Security Authority; g) g) in case a Classified Contract in whole or in part is sub-contracted, the obligation to impose all the stipulations concerning Contractors in this Agreement to the sub-Contractor; h) h) a reference to this Agreement; i) i) a statement that Classified Information exchanged or generated pursuant to the Classified Contract shall be protected by the Contractor in accordance with this Agreement.

6. The Competent Security Authority of the Party or a Contractor under its jurisdiction awarding the Classified Contract shall forward a copy of the security requirements to the Competent Security Authority of the Receiving Party, to facilitate the security oversight of the Classified Contract.

7. When the size or complexity of a program or project and the Classified Information involved require the application of additional security requirements, the Parties, through their respective Competent Security Authorities, shall jointly determine a Program/Project Security Instruction and include it in the Classified Contract as an annex.

8. The procedures for the approval of international visits associated with Classified Contract activities by personnel of one Party or a Contractor under its jurisdiction to the other Party or a Contractor under the other Party’s jurisdiction shall be in accordance with article 8 of this Agreement.

Artikel 8

1. Visits requiring access to Classified Information at a security classification level equivalent to “CONFIDENTIAL” or above as mentioned in article 4 of this Agreement are subject to the prior written consent of the Competent Security Authority of the host Party, unless otherwise agreed between the Competent Security Authorities. Such consent shall be given only to persons who have a Need to Know and who hold a valid Personnel Security Clearance at the appropriate level or who are otherwise duly authorised to access Classified Information by virtue of their function, in accordance with the internal law of the Receiving Party. If mandated by internal law of the host Party, “RESTRICTED” level visits may be subject to the prior written consent of the Competent Security Authority of the host Party.

2. The visitor shall submit the request for visit at least ten calendar days in advance of the proposed date of the visit to his Competent Security Authority, which shall forward it to the Competent Security Authority of the other Party. In urgent cases, the Competent Security Authorities may agree on a shorter period.

3.

Request for visit shall include:

a) a) full name of the visitor, date and place of birth, nationality and passport/ID card number; b) b) official title and present position of the visitor and name of the organization the visitor represents or to which the visitor belongs; c) c) confirmation of the visitor’s Personnel Security Clearance and its level and validity; d) d) date and duration of the visit. In the case of recurring visits the total period covered by the visits shall be stated; e) e) purpose of the visit and the anticipated highest security classification level of Classified Information to be discussed or accessed; f) f) name, address, phone number, e-mail address of the facility’s point of contact to be visited; g) g) dated and stamped signature of a representative of the visitor’s Competent Security Authority.

4. The Competent Security Authorities may agree on a list of visitors entitled to recurring visits for a period not exceeding twelve months. The Competent Security Authorities shall agree on the further details of the recurring visits.

5. The Competent Security Authority of the host Party shall inform the security officials of the organization to be visited, of the details of those individuals whose visit request has been approved. Once approval has been given, visit arrangements for individuals who have been given approval for recurring visits may be made directly with the agency, facility or organization concerned.

6. Classified Information provided to or obtained by a visitor shall be handled in accordance with the provisions of this Agreement.

7. The parties shall ensure, pursuant to their internal law, the protection of the personal data of the individuals requesting for a visit requiring access to Classified Information. This personal data shall not be used for any other purpose than determining on the request for (recurring) visits.

Artikel 9

1. Classified Information shall be transmitted in accordance with internal law of the Originating Party or as otherwise agreed between the Competent Security Authorities.

2. Electronic transmission of Classified Information may take place only by using cryptographic means in accordance with procedures to be approved jointly by the Competent Security Authorities.

3. At the request of the Originating Party, the Receiving Party shall provide the Originating Party with confirmation, in writing, that it has received Classified Information.

4. The Parties, through their respective Competent Security Authority, shall advise a contractor of the means and the packaging standards that the Parties have jointly approved for the transmission of Classified Information.

5. If Classified Information is too voluminous to be transmitted by approved courier, the Parties, through their respective Competent Security Authority, shall jointly approve a transportation plan that describes how they intend to transmit the Classified Information. That plan may include the type of transport, the route, and the type of escort for the Classified Information.

Artikel 10

1. Reproductions and translations of Classified Information shall be marked and placed under the same protection as the original Classified Information.

2. Reproductions and translations shall be limited to the minimum number required for use under this Agreement.

3. Translations shall contain a suitable annotation in the language of translation, indicating that they contain Classified Information of the Originating Party.

4. Classified Information marked at the security classification level equivalent to “TOP SECRET” as mentioned in article 4 of this Agreement, shall not be reproduced or translated without the prior written consent of the Originating Party.

5. Classified Information marked at the security classification level equivalent to “TOP SECRET” as mentioned in article 4 of this Agreement shall be returned to the Originating Party after it is no longer considered necessary by the Receiving Party, or it may be destroyed solely with the prior written consent of the Originating Party.

6. Classified Information marked up to and including the security classification level equivalent to “SECRET” as mentioned in article 4 of this Agreement, shall be destroyed after it is no longer considered necessary by the Receiving Party.

7. If a crisis situation makes it impossible for a Receiving Party to protect Classified Information provided under this Agreement, the Classified Information shall be destroyed immediately. The Receiving Party shall notify promptly in writing the Competent Security Authority of the Originating Party about the destruction of this Classified Information.

Artikel 11

1. The Competent Security Authorities shall inform each other about changes in their internal law, policies and practices for protecting Classified Information.

2. On request of the Competent Security Authority of one Party, the Competent Security Authority of the other Party shall issue a written confirmation that a valid Personnel Security Clearance or Facility Security Clearance has been issued.

3. The Competent Security Authorities of the Parties shall recognize Personnel Security Clearances and Facility Security Clearances issued in accordance with the internal law of the other Party and in the scope of this Agreement.

4. The Competent Security Authorities shall assist each other in carrying out Facility Security Clearance and Personnel Security Clearance investigations on request and in accordance with their internal law.

5. The Competent Security Authorities shall promptly notify each other in writing about changes in recognised Personnel Security Clearances and Facility Security Clearances for whom or for which a confirmation has been provided.

6. The co-operation under this Agreement shall be effected in English.

Artikel 12

1. In case a Security Incident of the Classified Information of the Originating Party is suspected or ascertained by the Receiving Party, it shall inform its Competent Security Authority in writing as soon as possible. The notice must contain sufficient details for the Originating Party to assess the consequences and circumstances of the suspected or actual violation.

2. The Competent Security Authorities shall immediately inform each other in writing of any actual or potential Security Incident involving Classified Information of the other Party.

3. The Receiving Party shall immediately investigate any actual or potential Security Incident. The Competent Security Authority of the Originating Party shall, if required, cooperate in the investigation.

4. The Competent Security Authority of the Receiving Party shall take appropriate measures in accordance with its internal law to limit the consequences and to prevent a recurrence of the Security Incident. The Competent Security Authority of the Originating Party shall be informed of the outcome of the investigation and, if any, of the measures taken.

Artikel 13

Each Party shall bear its own costs incurred in the course of implementing and executing its obligations under this Agreement, unless otherwise mutually determined by the Parties.

Artikel 14

Any dispute arising from the interpretation, implementation or application of this Agreement shall be settled through consultation or negotiations between the Parties, through diplomatic channels.

Artikel 15

The Competent Security Authorities of the Parties may conclude implementing arrangements pursuant to this Agreement. These arrangements are subordinate to this Agreement.

Artikel 16

1. This Agreement is concluded for an indefinite period of time.

2. Each Party shall notify the other Party, through diplomatic channels, once the respective national procedures necessary for entry into force of this Agreement have been completed. This Agreement shall enter into force on the first day of the second month following the receipt of the latter notification.

3. With regard to the Kingdom of the Netherlands, this Agreement shall apply to the European part of the Netherlands and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba).

4. This Agreement, including its Annex, may be amended at any time by mutual written consent of the Parties. Either Party may propose amendments to this Agreement at any time through diplomatic channels. Such amendments shall enter into force under the conditions laid down in paragraph 2 of this article, with the exception of an amendment to the Annex, which shall enter into force on a date to be agreed upon by the Parties.

5. Either Party may terminate this Agreement in writing at any time through diplomatic channels. In this case, the Agreement shall expire six months after the receipt of such notification.

6. In case of termination of this Agreement, all Classified Information exchanged, released or generated under this Agreement shall remain protected in accordance with the terms of this Agreement before it was terminated, for as long as the Classified Information remains classified, unless the Parties mutually agree otherwise.

7. After the entry into force of this Agreement, the Party in whose territory it is signed shall transmit it for registration to the Secretariat of the United Nations, according to Article 102 of the Charter of the United Nations and Article 80 of the Vienna Convention on the Law of Treaties and shall notify the other Party of the conclusion of this proceeding, indicating the respective number of registration.