rijk/verdrag/verdrag-tussen-het-koninkrijk-der-nederlanden-en-de-republiek-finland-inzake-de/BWBV0006951

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag tussen het Koninkrijk der Nederlanden en de Republiek Finland inzake de uitwisseling en wederzijdse beveiliging van gerubriceerde gegevens	BWBV0006951	verdrag	geldend	2024-02-01	https://wetten.overheid.nl/BWBV0006951	Verdrag tussen het Koninkrijk der Nederlanden en de Republiek Finland inzake de uitwisseling en wederzijdse beveiliging van gerubriceerde gegevens

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

Artikel 1

The purpose of this Agreement is to ensure the protection of Classified Information exchanged between the Parties or between legal entities or individuals under their jurisdiction, or generated in the framework of a bilateral program under this Agreement. The Agreement sets out the security procedures and arrangements for such protection.

Artikel 2

For the purpose of this Agreement:

a) a) “Classified Contract” means any contract or subcontract, which requires or involves Classified Information. b) b) “Classified Information” means any information or material designated by a security classification by one of the Parties the unauthorised disclosure or loss of which could cause varying degrees of prejudice to the interests of one or both of the Parties. c) c) “Competent Security Authority” means a National Security Authority or any other competent body authorised in accordance with the national laws and regulations of the Parties which is responsible for the implementation of and compliance with this Agreement. d) d) “Contractor” means any individual or legal entity with the capacity to enter into contracts. e) e) “Facility Security Clearance” means the positive determination by the Competent Security Authority that a facility has in place appropriate security measures to access and handle Classified Information up to and including a specified security classification level, in accordance with national laws and regulations. f) f) “Need to know” means the requirement for an individual or a legal entity for access to, knowledge of or possession of Classified Information to perform official tasks or services. g) g) “Originating Party” means the Party under whose authority Classified Information has been created. h) h) “Personnel Security Clearance” means the positive 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 national laws and regulations. i) i) “Providing Party” means the Party or Contractor under its jurisdiction, which provides Classified Information to the Receiving Party under this Agreement. j) j) “Receiving Party” means the Party or Contractor under its jurisdiction, which receives Classified Information from the Providing Party under this Agreement. k) k) “Security Classification Guide” means a document associated with a Classified Contract that identifies each part of that Classified Contract which contains Classified Information, specifying the applicable security classification levels. l) l) “Security Incident” means an act or an omission, contrary to national laws and regulations, which results in unauthorised access, disclosure, loss or compromise of Classified Information of the other Party. m) m) “Third Party” means any international organisation or state, including legal entities or individuals under its jurisdiction, which is not a Party to this Agreement.

Artikel 3

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

2. The Competent Security Authorities shall provide each other with official contact details.

Artikel 4

1.

The following security classifications of the Parties are equivalent and correspond to the security classification levels specified in their national legislation:

For the Republic of Finland	For the Kingdom of the Netherlands	Equivalent in English1
ERITTÄIN SALAINEN or YTTERST HEMLIG	Stg ZEER GEHEIM	TOP SECRET
SALAINEN or HEMLIG	Stg GEHEIM	SECRET
LUOTTAMUKSELLINEN or KONFIDENTIELL	Stg CONFIDENTIEEL	CONFIDENTIAL
KÄYTTÖ RAJOITETTU or BEGRÄNSAD TILLGÅNG	DEPARTEMENTAAL VERTROUWELIJK	RESTRICTED

^1 For the purpose of this agreement, this English equivalent for classification is used. The official classifications to be used for the marking of classified information are in Finnish/Swedish and Dutch.

2. The Parties shall take all appropriate measures to ensure that the Receiving Party shall mark all the Classified Information under this Agreement that it has received from the Providing Party with the security classification that corresponds to the security classification given by the Originating Party in accordance with the scheme contained in paragraph 1 of this Article.

3. The Parties shall take all appropriate measures to ensure that the Receiving Party shall not modify or revoke the security classification of received 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.

Artikel 5

1. The Parties shall take all appropriate measures in accordance with their national laws and regulations so as to protect Classified Information referred to in this Agreement. They shall afford such information at least the same protection as they afford to their own information at the corresponding security classification level. Electronic transmission of Classified Information in an unprotected network by the Receiving Party shall take place using cryptographic tools.

2. The Parties shall not provide access to Classified Information to Third Parties without the prior written consent of the Originating Party.

3. Access to Classified Information shall be limited to individuals who have a “Need-to-know”, are briefed on their responsibilities for the protection of Classified Information, have signed a statement of confidentiality and/or are legally bound to confidentiality and who hold a Personnel Security Clearance at the corresponding level or are authorised to have access to such information by virtue of their function, all in accordance with national laws and regulations.

4. A Personnel Security Clearance is not required for access to Classified Information at the security classification level equivalent to “RESTRICTED” as mentioned in Article 4 of this Agreement.

5. Classified Information shall be used solely for the purpose for which it has been provided.

Artikel 6

1. In order to maintain comparable standards of security, the Competent Security Authorities shall, on request, inform each other about their national laws and regulations, 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 shall assist each other in carrying out Facility Security Clearance and Personnel Security Clearance investigations on request and in accordance with national laws and regulations.

4. 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.

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

Artikel 7

1. Upon request, the Competent Security Authority of the Receiving Party shall inform the Competent Security Authority of the Originating Party whether a proposed Contractor participating in precontract negotiations of a Classified Contract has been issued an appropriate Facility Security Clearance corresponding to the required security classification level.

2. If a Party or a Contractor under its jurisdiction grants a Classified Contract at the Security Classification Levels equivalent to “CONFIDENTIAL” or above as mentioned in Article 4 of this Agreement, with a (Sub-)Contractor under the jurisdiction of the other Party, it shall first obtain written confirmation from the other Party that the Contractor has been granted a Facility Security Clearance.

3. In the case of an open tender the Competent Security Authority of the Receiving Party may provide the Competent Security Authority of the Originating Party with the relevant Facility Security Clearance certificates without a formal request.

4. A Facility Security Clearance is not required for Classified Contracts at the security classification level equivalent to “RESTRICTED” as mentioned in Article 4 of this Agreement.

5. Representatives of the Competent Security Authorities of the Parties may visit each other in order to analyse the efficiency of the measures adopted by a Contractor for the protection of Classified Information involved in a Classified Contract.

6.

Every Classified Contract concluded in accordance with this Agreement shall include security requirements which identify the following aspects:

a) a) a Security Classification Guide; b) b) contact details of the Competent Security Authorities responsible for implementing the Classified Contract and for overseeing the protection of Classified Information related to the Classified Contract; c) c) laws and regulations concerning the protection of Classified Information; d) d) procedure and requirements for access to Classified Information; e) e) handling and storing of Classified Information; f) f) transportation and electronic transmission of Classified Information; g) g) marking of Classified Information; h) h) obligation to monitor security conduct and notify its Competent Security Authority in case of any Security Incident; i) i) protection of Classified Information after termination of the Classified Contract; j) j) destroying or returning of Classified Information; k) k) release of information related to the Classified Contract.

7. The Competent Security Authority of the Party authorising the award of the Classified Contract shall forward a copy of the security requirements chapter, to the Competent Security Authority of the Receiving Party, to facilitate the security oversight of the contract.

8. The procedures for the approval of visits associated with Classified Contract activities by personnel of one Party to the other Party shall be in accordance with Article 10 of this Agreement.

9. If a Contractor sub-contracts parts of a Classified Contract, the Contractor and the Sub-contractor shall ensure the observance of this Article.

Artikel 8

1. Classified Information shall be transmitted in accordance with national laws and regulations of the Providing Party or as otherwise agreed between the Competent Security Authorities.

2. The Parties may electronically transmit Classified Information protected by cryptographic means in accordance with procedures to be approved by the Competent Security Authorities.

Artikel 9

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

2. Translations or reproductions shall be limited to the minimum required for use under this Agreement and shall be made only by individuals who are authorized in accordance with national laws and regulations to access Classified Information at the Security Classification Level of the Classified Information being translated or reproduced.

3. Translations shall contain a suitable annotation in the language in which they have been translated, indicating that they contain Classified Information of the Providing 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 translated or reproduced 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 not be destroyed without the prior written consent of the Originating Party. It shall be returned to the Originating Party after it is no longer considered necessary by the Providing and Receiving Parties.

6. Classified Information marked up to and including the Security Classification Levels 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, in accordance with its national laws and regulations.

7. If a crisis situation makes it impossible 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 Providing Party about the destruction of this Classified Information.

Artikel 10

1. Visits requiring access to Classified Information at the level “CONFIDENTIAL” or above as mentioned in Article 4 of this Agreement are subject to the prior written consent of the respective Competent Security Authority, unless otherwise agreed between the Competent Security Authorities.

2. The visitor shall submit the request for visit at least fourteen 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 request for visit may be submitted at a shorter notice, subject to prior coordination between the Competent Security Authorities.

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 of the visitor and name of the organization the visitor represents; c) c) confirmation of the visitor’s Personnel Security Clearance and its 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 Security Classification Level of Classified Information to be discussed or accessed; f) f) name, address, phone/fax number, e-mail address and point of contact of the facility 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. The Competent Security Authorities shall agree on the further details of the recurring visits. However the validity of authorisations for recurring visits shall not exceed twelve (12) months.

5. Classified Information provided to or acquired by a visitor shall be treated in accordance with the provisions of this Agreement.

Artikel 11

1. The Competent Security Authorities shall immediately inform each other in writing of any actual or suspected Security Incident involving Classified Information.

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

3. The Competent Security Authority shall take appropriate measures in accordance with its national laws and regulations to limit the consequences of the incident and to prevent a recurrence. The Competent Security Authority of the Originating Party shall be informed of the outcome of the investigation and, if any, of measures taken.

Artikel 12

Each Party shall bear its own costs incurred in the course of implementing its obligations under this Agreement.

Artikel 13

Any dispute on the interpretation or application of this Agreement shall be settled exclusively through negotiation between the Parties.

Artikel 14

This Agreement does not prevail over any international agreement that has already been or may be entered into and that specifically governs a transaction otherwise governed by this Agreement.

Artikel 15

The appropriate authorities of the Parties may conclude implementing arrangements pursuant to this Agreement.

Artikel 16

1. This Agreement is concluded for an indefinite period of time. Each Party shall notify the other Party through diplomatic channels once the 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.

2. 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).

3. This Agreement, including its Annex, may be amended with the mutual consent of the Parties. Either Party may propose amendments to this Agreement, including its Annex, at any time through diplomatic channels. Such amendments shall enter into force under the conditions laid down in paragraph 1 of this Article, with the exception of an amendment of the Annex, which amendment shall enter into force on a date to be agreed upon by the Parties.

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

5. Regardless of the termination of this Agreement, all Classified Information released or generated under this Agreement shall be protected in accordance with this Agreement for as long as it remains classified.

6. After the entry into force of this Agreement, the Kingdom of the Netherlands shall take immediate measures to have the Agreement registered by the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations.