rijk/verdrag/verdrag-tussen-het-koninkrijk-der-nederlanden-en-het-koninkrijk-spanje-inzake-de/BWBV0006931

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag tussen het Koninkrijk der Nederlanden en het Koninkrijk Spanje inzake de uitwisseling en wederzijdse beveiliging van gerubriceerde gegevens	BWBV0006931	verdrag	geldend	2022-09-01	https://wetten.overheid.nl/BWBV0006931	Verdrag tussen het Koninkrijk der Nederlanden en het Koninkrijk Spanje inzake de uitwisseling en wederzijdse beveiliging van gerubriceerde gegevens

Verdrag tussen het Koninkrijk der Nederlanden en het Koninkrijk Spanje 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 a contract, including any pre-contractual negotiations, to be entered into by one of the Parties with a Contractor for the supply of goods, execution of works or provision of services, the performance of which requires or involves access or potential access to or the creation of 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 the government authority in a Party responsible for the implementation and supervision of 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 under this Agreement.

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 the unauthorised access, disclosure, loss or compromise of Classified Information.

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 Kingdom of Spain	For the Kingdom of the Netherlands
SECRETO	Stg ZEER GEHEIM
RESERVADO	Stg GEHEIM
CONFIDENCIAL	Stg CONFIDENTIEEL
DIFUSIÓN LIMITADA	DEPARTEMENTAAL VERTROUWELIJK

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 cancel the security classification of received Classified Information under this Agreement only upon the written approval of the Originating Party.

Artikel 5

1. Access to Classified Information at the Security Classification Levels equivalent to CONFIDENCIAL / Stg CONFIDENTIEEL 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 have signed a statement of confidentiality in accordance with national laws and regulations.

2. Access to Classified Information at the Security Classification Level equivalent to DIFUSIÓN LIMITADA / DEPARTEMENTAAL VERTROUWELIJK as mentioned in Article 4 of this Agreement, shall be granted only to those individuals who have a Need to know, are briefed on their responsibilities and have signed a statement of confidentiality 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 Providing Party shall take all appropriate measures to ensure that:

a) a) Classified Information is marked with the appropriate classification marking in accordance with its national laws and regulations; b) b) the Receiving Party is informed of any conditions of release or limitations on the use of the Classified Information provided; c) c) the Receiving Party is informed of any subsequent change in the security classification level of the Classified Information provided.

3.

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

a) a) Classified Information received from the Originating Party is afforded the same level of protection as that given to its national Classified Information of an equivalent security classification level; b) b) Classified Information is marked with its own corresponding security classification level; c) c) the Security Classification Levels assigned to Classified Information are not altered or revoked without the prior written consent of the Originating Party; d) d) that Classified Information is not disclosed or released to a Third Party without the prior written consent of the Originating Party; e) e) Classified Information is used solely for the purpose it has been released for and in accordance with handling requirements of the Originating Party.

Artikel 7

1. In order to maintain comparable standards of security, the Competent Security Authorities shall, on request, inform each other about their security 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 8

1. If a Party or a Contractor under its jurisdiction proposes to grant a Classified Contract at the Security Classification Levels equivalent to CONFIDENCIAL / Stg CONFIDENTIEEL 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 and/or Personnel Security Clearance(s) at the appropriate security classification level.

2.

The Competent Security Authority 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 with national laws and regulations; 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. d) d) In addition to the subparagraphs a, b and c, for Classified Contracts at the Security Classification Levels equivalent to CONFIDENCIAL / Stg CONFIDENTIEEL 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.

3.

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

a) a) A Security Classification Guide; b) b) A procedure for communication of changes in the security classification level, taking into account Article 4, paragraph 3 of this Agreement; c) c) The channels and procedures to be used for the transport and/or transmission of Classified Information; d) d) Instructions for the handling and storage 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) Obligation to notify any Security Incidents.

4. 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.

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

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.

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 10

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 SECRETO / Stg ZEER GEHEIM 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 SECRETO / Stg ZEER GEHEIM 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 RESERVADO / Stg GEHEIM 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 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.

2. The visitor shall submit the request for visit at least twenty 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.

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

6. Government officials of either Party shall be permitted to participate in classified meetings by providing proof of their Personnel Security Clearance to the meeting organiser or secretariat ahead of the meeting.

Artikel 12

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

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 13

In the case of any cost, each Party shall bear its own costs incurred in the course of implementing its obligations under this Agreement.

Artikel 14

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

Artikel 15

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 16

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

Artikel 17

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 may be amended with the mutual 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, with the exception of an amendment to Annex I, 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.