rijk/verdrag/verdrag-tussen-het-koninkrijk-der-nederlanden-en-de-federatieve-republiek-brazil/BWBV0007009/README.md

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag tussen het Koninkrijk der Nederlanden en de Federatieve Republiek Brazilië inzake de uitwisseling en wederzijdse beveiliging van gerubriceerde gegevens (met Bijlage)	BWBV0007009	verdrag	geldend	null	https://wetten.overheid.nl/BWBV0007009	Verdrag tussen het Koninkrijk der Nederlanden en de Federatieve Republiek Brazilië inzake de uitwisseling en wederzijdse beveiliging van gerubriceerde gegevens (met Bijlage)

Verdrag tussen het Koninkrijk der Nederlanden en de Federatieve Republiek Brazilië inzake de uitwisseling en wederzijdse beveiliging van gerubriceerde gegevens (met Bijlage)

Artikel I

1. This Agreement establishes rules and procedures for the protection of Classified Information exchanged between the aforementioned Parties, their accredited individuals, bodies, as well as public or private entities under their jurisdiction.

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

Artikel II

For the purposes of this Agreement, the term:

a. a. Agreement means this agreement including its Annexes; b. b. Annex means an attachment to this Agreement; c. c. Classified Contract means an agreement, including any pre-contractual negotiations, the performance of which requires or involves access or potential access to or the creation of Classified Information; d. d. Classified Information means the information, material or object, regardless of its form or nature or any parts thereof, with a certain Security Classification Level, which regardless of how it is presented must be protected against unauthorized access, disclosure or other type of Compromise for which it was designated, to prevent damage or harm in the interests of one or both of the Parties, in accordance with the respective laws and regulations of each Party and this Agreement; e. e. Competent Security Authority (CSA) means the authority of each Party responsible for the security of Classified Information under this Agreement; f. f. Compromise means any form of misuse, damage or unauthorized access, alteration, disclosure or destruction of Classified Information, as well as any other action or non-action that results in the loss of its confidentiality, integrity, availability or authenticity; g. g. Contractor means any legal entity under the jurisdiction of a Party, entering into or otherwise bound by a Classified Contract; h. h. Facility Security Clearance means the determination by the Competent Security Authority that a public or private entity has in place appropriate security measures and has therefore been accredited for the Handling of Classified Information, in accordance with the national laws and regulations of each Party; i. i. Handling of Classified Information means a set of actions related to the production, reception, classification, use, access, reproduction, transport, transmission, distribution, archiving, storage, disposal, destination or control of Classified Information at a certain Security Classification Level; j. j. Need to Know means the requirement for an individual to access, have knowledge of or possess Classified Information for the performance of official functions and tasks; k. k. Originating Party means the Party under whose authority Classified Information has been created; l. l. Personnel Security Clearance means the determination that a given individual has been security cleared and has therefore been accredited for the Handling of Classified Information, at a given Security Classification Level, in accordance with the national laws and regulations of each Party; m. m. Providing Entity means the Party, or a Contractor, which provides Classified Information to the Receiving Entity under this Agreement; n. n. Receiving Entity means the Party, or a Contractor, which receives Classified Information under this Agreement; o. o. Security Breach means any intentional or accidental action or omission that result in an actual or possible Compromise of Classified Information provided or generated under this Agreement; p. p. Security Classification Level means the level of protection assigned to Classified Information, in accordance with the national laws and regulations of each Party and as incorporated in article IV, paragraph 1 of this Agreement; and q. q. Third Party means any organization, state, government or individual that is not a Party to this Agreement.

Artikel III

1. The Competent Security Authorities, responsible for the implementation and supervision of this Agreement, are listed in the Annex to this Agreement.

2. The Competent Security Authority may delegate parts of its responsibilities to a delegated competent security authority.

3. Each Party shall provide the other with the contact details of their respective Competent Security Authority, in writing. The Competent Security Authorities of the Parties shall inform each other in writing about changes in their contact details.

4. In order to ensure close cooperation in the implementation of this Agreement, the Competent Security Authorities may consult each other whenever necessary.

5. Representatives of both Competent Security Authorities may mutually visit their facilities with the intention of acquiring knowledge of security procedures and measures applicable to Classified Information, subject to the approval of the host Competent Security Authority.

6. Upon request, the Competent Security Authorities may assist each other in carrying out the procedures for the award of Facility Security Clearances and Personnel Security Clearances, on request and in accordance with their national laws and regulations.

7. Upon 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 and/or Facility Security Clearance has been issued.

8. The Competent Security Authorities of the Parties shall mutually recognize their Personnel Security Clearances and Facility Security Clearances issued in accordance with their respective laws and regulations and within the scope of this Agreement.

9. The Competent Security Authorities 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 according to paragraph 8 of this article.

Artikel IV

1.

The Parties agree that the Security Classification Levels, in accordance with their respective national laws and regulations, shall correspond to each other in the following form of equivalence:

Classification Originating Party	**Classification Receiving Entity **
‘Stg. ZEER GEHEIM”	“ULTRASSECRETO”
“Stg. GEHEIM”	“SECRETO”
“Stg. CONFIDENTIEEL”	“SECRETO”
“DEPARTEMENTAAL VERTROUWELIJK”	“RESERVADO”
“ULTRASSECRETO”	“Stg. ZEER GEHEIM”
“SECRETO”	“Stg. GEHEIM”
“RESERVADO”	“Stg. CONFIDENTIEEL”

2. Any Classified Information produced pursuant to this Agreement shall be marked with the Originating Party’s equivalent Security Classification Level in accordance with paragraph 1 of this article.

3. The Receiving Entity shall mark all the Classified Information under this Agreement that it has received from the Providing Entity with the equivalent Security Classification Level of the Receiving Entity in accordance with paragraph 1 of this article. The Security Classification Level of the Originating Party shall be indicated first, in order to determine the proper equivalent Security Classification Level.

4. The Parties shall notify each other of any change and subsequent amendment to the Security Classification Level of Classified Information.

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

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

7. Classified Information jointly originated by the Parties shall be assigned a Security Classification Level that is mutually determined by the Parties.

Artikel V

1. The Parties shall take all appropriate measures under their national laws and regulations to ensure the protection of Classified Information in accordance with this Agreement. They 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.

2. The treatment of any Classified Information exchanged between the Parties shall respect the provisions of this Agreement.

3. Each Party shall ensure that the necessary measures are implemented for the protection of Classified Information processed, stored or transmitted by communication and information systems, in accordance with the Security Classification Level, this Agreement, and with national laws and regulations.

4. Each Party shall ensure confidentiality, integrity, availability and, where applicable, authenticity, accountability and traceability of Classified Information.

5. The Parties shall not disclose any Classified Information without the Originating Party’s written consent.

Artikel VI

1.

Each Party shall ensure that the Providing Entity:

a. a. marks Classified Information with the appropriate security classification in accordance with its national laws and regulations and b. b. informs the Receiving Entity of any conditions of release or limitations on the use of the Classified Information provided, as determined by the Originating Party.

2.

Each Party shall ensure that the Receiving Entity:

a. a. affords the same level of protection to the Classified Information as afforded to its national Classified Information of an equivalent Security Classification Level as determined in article IV, paragraph 1; b. b. shall not declassify or downgrade Classified Information without the prior written consent of the Originating Party; c. c. shall not disclose Classified Information to a Third Party without prior written consent of the Originating Party; and d. d. shall use Classified Information only for the purposes that it has been released for and in accordance with any handling requirements of the Originating Party.

3. Each Party, in accordance with its constitutional requirements, national laws and regulations, shall respect the principle of consent of origin.

Artikel VII

1. Each Party shall ensure that access to Classified Information is granted on a Need to Know basis.

2. Each Party shall ensure that any individual who has been granted access to Classified Information is informed on its responsibilities to protect such information and has signed a statement of confidentiality in accordance with national laws and regulations of the Receiving Entity.

3. The Parties shall ensure that access to Classified Information is granted only to individuals who hold a Personnel Security Clearance at the corresponding level or who are duly authorized to access Classified Information by virtue of their duties pursuant to national laws and regulations of the Receiving Entity.

Artikel VIII

1. All translations and reproductions of Classified Information must be protected and controlled in the same manner as the original Classified Information. It shall receive the same Security Classification Level as the original Classified Information.

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

3. The number of reproductions of Classified Information shall be limited to the amount required for its official purpose.

4. Classified Information with Security Classification Level equivalent to ULTRASSECRETO / Stg. ZEER GEHEIM, shall not be reproduced or translated without the prior written consent of the Originating Party.

5. Classified Information with Security Classification Level equivalent to ULTRASSECRETO / Stg. ZEER GEHEIM 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 Receiving Entity.

6. Classified Information with Security Classification Level equivalent to SECRETO / Stg. GEHEIM shall be destroyed in accordance with national laws and regulations after it is no longer considered necessary by the Receiving Entity.

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

Artikel IX

1. Classified Information with Security Classification Level ULTRASSECRETO / Stg. ZEER GEHEIM and SECRETO / Stg. GEHEIM shall be transmitted between the Parties, through diplomatic channels, or as agreed in writing by the respective Competent Security Authorities.

2. Security Classification Levels that are not included in paragraph 1 shall be transmitted in accordance with national laws and regulations of the Originating Party.

3. Classified Information transmitted through communication systems, networks or other electromagnetic means must use encrypted means mutually accepted by the respective Competent Security Authorities.

4. In the event of transmission of Classified Information that requires special procedures for its transport, a logistical plan must be previously agreed, in writing, by both Competent Security Authorities.

Artikel X

1. Visits to facilities where Classified Information will be accessed, processed or recorded are subject to the prior written approval of the Competent Security Authority of the host Party, unless otherwise agreed by the Competent Security Authorities. Such approval will only be granted to individuals who meet the requirements set forth in article VII of this Agreement.

2.

The visit request must be submitted to the Competent Security Authority of the host Party, including the following data that will be used only for the purpose of the visit:

a. a. the visitor’s first and last name, date and place of birth, nationality, other citizenships and identification card number/passport number; b. b. the visitor’s title and function, as well as the name and address of the organization by whom the visitor is employed or that the visitor represents; c. c. the specification of the project in which the visitor is participating; d. d. the confirmation of the visitor’s Personnel Security Clearance and its level and validity; e. e. the name of the facility to be visited; f. f. the purpose of the visit; g. g. the anticipated highest Security Classification Level of the Classified Information to be accessed, processed or stored; h. h. the name, address, phone number, e-mail address and point of contact of the facility to be visited; i. i. the date and duration of the visit; j. j. the total period when visits are recurring; and k. k. the date and signature of a representative of the visitor’s Competent Security Authority.

3. The visit request must be submitted at least 10 (ten) calendar days in advance of the proposed visit date, unless the Competent Security Authorities agree on a different period.

4. The Competent Security Authorities may agree on a list of visitors entitled to recurring visits for a period not exceeding 12 (twelve) months. The Competent Security Authorities shall agree on the further details of these 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 requests have been approved. Once approval has been given, visiting arrangements for individuals who have been given approval for recurring visits may be made directly with the agency, facility or organization concerned.

6. Any Classified Information transmitted to the visitor shall be deemed Classified Information under this Agreement and shall be handled in accordance with the provisions of this Agreement. In addition, the visitor must comply with the host Party’s security regulations.

7. The Parties shall ensure, pursuant to their national laws and regulations, the protection of personal data of the individuals requesting a visit. The personal data shall not be used for any other purpose than determining the request for a visit.

8. When authorized, the Competent Security Authority of the host Party shall notify the requesting Party, as soon as possible, of the visit and also notify the facility to be visited.

Artikel XI

1. When a Security Breach related to Classified Information under this Agreement is suspected or ascertained by the Receiving Entity, the Competent Security Authority of the Party where the Security Breach occurred shall immediately inform the Competent Security Authority of the other Party. The notice must contain sufficient details for the Originating Party to assess the consequences and circumstances of the suspected or ascertained Security Breach.

2. The Competent Security Authority of the Party where the Security Breach occurred shall immediately take all necessary steps, in accordance with its national laws and regulations, to investigate any suspected or ascertained Security Breach. The Competent Security Authority of the Originating Party may, if agreed, cooperate in the investigation. The Originating Party shall always be informed about the outcome of the investigation and the measures taken, if any.

3. The Competent Security Authority of the Party where the Security Breach occurred shall take all steps, including but not limited to legal steps, in accordance with its national laws and regulations, to mitigate the consequences of a Security Breach and to prevent any recurrence.

4. When a Security Breach has occurred in a Third Party, the Competent Security Authority of the Party that transmitted the information to the Third Party shall immediately inform the Competent Security Authority of the Originating Party about the Security Breach, make sure the Security Breach is investigated properly and communicate the outcome of the investigation and any measures taken.

5. Any Party may request information regarding the Security Breach investigation process.

Artikel XII

1. If a Party or a Contractor proposes to grant a Classified Contract, with a Contractor under the jurisdiction of the other Party, it must first obtain written confirmation from the Competent Security Authority of the other Party that the Contractor has received a Facility Security Clearance at the appropriate Security Classification Level.

2.

The Competent Security Authority of the Party where the Classified Contract is performed shall ensure that the Contractor and if applicable its sub-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 in accordance with national laws and regulations; c) c) notifies promptly its Competent Security Authority of any Security Incident relating to the Classified Contract; and d) d) holds an appropriate Facility Security Clearance in order to protect the Classified Information and that the individuals requiring access to Classified Information hold an appropriate Personnel Security Clearance.

3.

Every Classified Contract including classified sub-contracts concluded in accordance with this Agreement shall include security requirements which identify the following aspects:

a) a) a security classification guide, which shall always include the table of article IV, paragraph 1 specifying the applicable Security Classification Levels of each part of the Classified Contract; b) b) a procedure for communication 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 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; and f) f) obligation to notify any Security Breaches.

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 Entity, to facilitate the security oversight of the Classified Contract.

Artikel XIII

Each Party shall bear the costs of its own expenses resulting from the implementation and supervision of all aspects of this Agreement, unless otherwise mutually determined by the Parties.

Artikel XIV

1. Any dispute that may arise between the Parties regarding the interpretation or application of this Agreement, or any related matter, shall be resolved exclusively through consultations and negotiations between the Parties and shall not be referred to any international court or Third Party for settlement.

2. During the dispute settlement period, both Parties will continue to fulfil their obligations under this Agreement.

3. Dispute settlement procedures between both Parties shall be conducted based on the principle of confidentiality.

Artikel XV

All formal communications between the Parties relating to the implementation of this Agreement shall be in writing, in the English language.

Artikel XVI

This Agreement shall enter into force on the first day of the second month following the receipt of the last notification by which the Parties shall inform each other, through diplomatic channels, that their domestic legal requirements necessary for its entry into force have been fulfilled.

Artikel XVII

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).

Artikel XVIII

1. This Agreement, including its Annex, may be amended at any time, in writing, by means of amendments and with the mutual consent between the Parties. Amendments shall be proposed through diplomatic channels.

2. The amendments shall enter into force under the terms set out in article XVI of this Agreement, with the exception of amendments of the Annex, which shall enter into force on a date to be agreed upon by the Parties.

Artikel XIX

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

2. Either Party may, at any time, terminate this Agreement by giving written notice, through diplomatic channels, to the other Party.

3. Termination shall take effect 6 (six) months after the date on which the other Party receives notice of termination.

4. Upon termination, any Classified Information exchanged, released or generated under this Agreement shall continue to be protected in accordance with the terms of this Agreement before it was terminated, for as long as the Classified Information remains classified.

Artikel XX

The Competent Security Authorities shall inform each other about their respective national laws and regulations and shall promptly notify each other about modifications that affect the protection of Classified Information provided under this Agreement and have an impact on this Agreement. In the event of such changes, the Parties shall discuss the necessity of reviewing this Agreement.