rijk/verdrag/verdrag-tussen-het-koninkrijk-der-nederlanden-en-de-republiek-polen-inzake-de-ui/BWBV0006985

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag tussen het Koninkrijk der Nederlanden en de Republiek Polen inzake de uitwisseling en wederzijdse beveiliging van gerubriceerde gegevens	BWBV0006985	verdrag	geldend	2023-09-01	https://wetten.overheid.nl/BWBV0006985	Verdrag tussen het Koninkrijk der Nederlanden en de Republiek Polen inzake de uitwisseling en wederzijdse beveiliging van gerubriceerde gegevens

Verdrag tussen het Koninkrijk der Nederlanden en de Republiek Polen 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, individuals or other forms of organisation 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, the following definitions mean:

    **“Breach of security”** – an act or an omission, contrary to national laws and regulations, which results in the unauthorized access, disclosure, loss or compromise of Classified Information;

    **“Classified Contract”** – a contract, including any pre-contractual negotiations, 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, the performance of which requires or involves access or potential access to or the creation of Classified Information;

    **“Classified Information”** – any information, regardless of its form or objects or any parts thereof, designated by a security classification by one of the Parties, the unauthorised disclosure or loss of which could cause varying degrees of harm to the interests of one or both of the Parties;

    **“Competent Security Authority”** – 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;

    **“Contractor”** – any individual, legal entity or other form of organisation with the capacity to enter into Classified Contracts;

    **“Facility Security Clearance”** – the determination by either Party confirming that the Contractor, and when applicable the Contractor’s facility, fulfills the criteria necessary to protect Classified Information issued in accordance with its national laws and regulations;

    **“Need-to-know”** – the requirement for an individual for access to, knowledge of or possession of Classified Information to perform official tasks or services;

    **“Originating Party”** – the Party or Contractor, if applicable under national laws and regulations, under whose authority Classified Information has been created;

    **“Personnel Security Clearance”** – the determination by either Party confirming that the individual has been appropriately cleared to have access to Classified Information up to and including a specified classification level, issued in accordance with its national laws and regulations;

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

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

    **“Third Party”** – any international organisation or state, including legal entities, individuals 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 Annex 1 of this Agreement.

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

3. The Parties shall inform each other via diplomatic channels about changes in the contact details of the Competent Security Authorities referred to in Paragraph 1.

Artikel 4

1.

The following security classifications levels of the Parties are equivalent, the equivalent in English being an informal translation not part of the national laws and regulations of the Parties:

For the Republic of Poland	For the Kingdom of the Netherlands	Equivalent in English
ŚCIŚLE TAJNE	Stg. ZEER GEHEIM	TOP SECRET
TAJNE	Stg. GEHEIM	SECRET
POUFNE	Stg. CONFIDENTIEEL	CONFIDENTIAL
ZASTRZEŻONE	DEPARTEMENTAAL VERTROUWELIJK	RESTRICTED

2. 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 Receiving Party may modify or revoke the security classification of received Classified Information under this Agreement only upon the written consent of the Party under whose authority the Classified Information has been created.

Artikel 5

1. Access to Classified Information at the security classification level of POUFNE / Stg. CONFIDENTIEEL / CONFIDENTIAL and above, as mentioned in Article 4 of this Agreement, shall be granted only to those individuals who have a Need-to-know, hold a Personnel Security Clearance at the corresponding level, are briefed on their responsibilities and are bound to confidentiality in accordance with national laws and regulations.

2. Access to Classified Information at the security classification level of ZASTRZEŻONE / DEPARTEMENTAAL VERTROUWELIJK / RESTRICTED as mentioned in Article 4 of this Agreement, shall be granted only to those individuals who have a Need-to-know, are authorized and briefed on their responsibilities in accordance with national laws and regulations.

Artikel 6

1. The Parties shall take all appropriate measures applicable under their national laws and regulations to protect Classified Information generated and/or provided under this Agreement.

2.

The Parties shall take all appropriate measures to ensure that the Providing Party:

1. 1. marks Classified Information with the appropriate classification marking in accordance with its national laws and regulations;
2. 2. informs the Receiving Party of any conditions of release or limitations on the use of the Classified Information provided;
3. 3. informs the Receiving Party of any subsequent change in the security classification level of the Classified Information provided.

3.

The Parties shall take all appropriate measures to ensure that the Receiving Party:

1. 1. affords the same level of protection to Classified Information as afforded to its national Classified Information of an equivalent security classification level;
2. 2. ensures that Classified Information is marked with its own corresponding security classification level;
3. 3. ensures that the security classification levels assigned to Classified Information are not modified or revoked without the prior written consent of the Party under whose authority the Classified Information has been created;
4. 4. ensures that Classified Information is not disclosed or released to a Third Party without the prior written consent of the Party under whose authority the Classified Information has been created;
5. 5. uses Classified Information solely for the purpose it has been released for and in accordance with handling requirements of the Party under whose authority the Classified Information has been created.

Artikel 7

1. In order to maintain comparable standards of security, the Competent Security Authorities of the Parties shall, on request, inform each other about their security regulations, policies and practices for protecting Classified Information.

2. The Competent Security Authorities of the Parties shall recognize Personnel Security Clearances and Facility Security Clearances issued in accordance with the national laws and regulations of the other Party and in the scope of this Agreement.

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

4. The Competent Security Authorities of the Parties 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.

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

Artikel 8

1. If a Party or a Contractor under its jurisdiction proposes to grant a Classified Contract at the security classification levels of POUFNE / Stg. CONFIDENTIEEL / CONFIDENTIAL or above as mentioned in Article 4 of this Agreement with a Contractor or a Sub-Contractor under the jurisdiction of the other Party, it shall first obtain written confirmation from the other Party that the Contractor or a Sub-Contractor has been granted a Facility Security Clearance and/or a Personnel Security Clearance at the appropriate security classification level. For ZASTRZEŻONE / DEPARTEMENTAAL VERTROUWELIJK / RESTRICTED security classification level contracts a Facility Security Clearance may be required if mandated by national laws and regulations of the Contractor.

2.

The Competent Security Authority shall ensure that the Contractor:

1. 1. 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 with national laws and regulations;
2. 2. monitors the security conduct within its facilities;
3. 3. notifies promptly its Competent Security Authority of any Breach of security relating to the Classified Contract;
4. 4. in addition to the subparagraphs 1, 2 and 3, for Classified Contracts at the security classification levels of POUFNE / Stg. CONFIDENTIEEL / CONFIDENTIAL and 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.

3.

Every Classified Contract concluded in accordance with this Agreement shall include security requirements, in particular:

1. 1. a security classification guide specifying the applicable security classification levels of each part of that Classified Contract;
2. 2. a procedure for communication of changes in the security classification level, taking into account Article 4, Paragraph 3 of this Agreement;
3. 3. the channels and procedures to be used for the transport and/or transmission of Classified Information;
4. 4. instructions for the handling and storage of Classified Information;
5. 5. contact details of the Competent Security Authorities responsible for overseeing the protection of Classified Information related to the Classified Contract;
6. 6. obligation to notify any Breach of security.

4. The Originating Party shall forward a copy of the security requirements, to the Receiving Party, to facilitate the security oversight of the Classified Contract.

5. 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 11 of this Agreement.

6. The Parties shall ensure that every Sub-Contractor shall comply with the same conditions for the protection of Classified Information as those laid down for the Contractor.

Artikel 9

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 of the Parties.

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

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 required for use under this Agreement.

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

4. Classified Information at the security classification level of ŚCIŚLE TAJNE / Stg. ZEER GEHEIM / TOP SECRET shall not be translated or reproduced without the prior written consent of the Party under whose authority the Classified Information has been created.

5. Classified Information at the security classification level of ŚCIŚLE TAJNE / Stg. ZEER GEHEIM / TOP SECRET shall not be destroyed without the prior written consent of the Party under whose authority the Classified Information has been created. It shall be returned to that Party after it is no longer considered necessary by the Providing and Receiving Parties.

6. Classified Information up to and including the security classification level of TAJNE / Stg. GEHEIM / 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. In case of exceptional circumstances which make 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 11

1. Visits requiring access to Classified Information are subject to the prior written consent of the respective Competent Security Authority, unless otherwise agreed between the Competent Security Authorities of the Parties.

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 request for visit may be submitted at a shorter notice, subject to prior coordination between the Competent Security Authorities of the Parties.

3.

Request for visit shall include:

1. 1. full name of the visitor, date and place of birth, nationality and passport / ID card number;
2. 2. official title of the visitor and name of the organisation the visitor represents;
3. 3. confirmation of the visitor’s Personnel Security Clearance and its validity;
4. 4. date and duration of the visit. In the case of recurring visits the total period covered by the visits shall be stated;
5. 5. purpose of the visit and the anticipated security classification level of Classified Information to be discussed or accessed;
6. 6. name and contact details of the facility to be visited;
7. 7. dated and stamped signature of a representative of the visitor’s Competent Security Authority.

4. The Competent Security Authorities of the Parties may agree on a list of visitors entitled to recurring visits valid for a period of 12 months. The Competent Security Authorities of the Parties shall agree on the further details of the recurring visits.

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

6. Visits involving access to Classified Information at the security classification level of ZASTRZEŻONE / DEPARTEMENTAAL VERTROUWELIJK / RESTRICTED shall be arranged directly between authorised sending and hosting entities.

7. The Parties shall ensure, pursuant to their national laws and regulations, the protection of the personal data of the persons arriving on a visit involving access to Classified Information.

Artikel 12

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

2. The Receiving Party shall investigate immediately any actual or suspected Breach of security. 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 Breach of security 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 13

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

Artikel 14

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

Artikel 15

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

Artikel 16

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

Artikel 17

1. 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 date of 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 may be amended with the 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 1 of this Article.

4. This Agreement is concluded for an indefinite period of time. A Party may terminate this Agreement in writing at any time through diplomatic channels. In this case, the Agreement shall expire six months after the date of receipt of such notification.

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