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 Security Classification Guide;
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) laws and regulations concerning the protection of Classified Information;
d) procedure and requirements for access to Classified Information;
e) handling and storing of Classified Information;
f) transportation and electronic transmission of Classified Information;
g) marking of Classified Information;
h) obligation to monitor security conduct and notify its Competent Security Authority in case of any Security Incident;
i) protection of Classified Information after termination of the Classified Contract;
j) destroying or returning of Classified Information;
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.