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

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

For the purpose of this Agreement:
a) “Classified Contract” means any legally enforceable agreement, 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) “Classified Information” means any information or material marked by a security classification by one of the Parties, the unauthorised disclosure or loss of which could cause varying degrees of damage or harm to the interests of one or both of the Parties.
c) “Competent Security Authority” means the Party’s government authority/authorities 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.
d) “Contractor” means any legal entity or individual with the capacity to enter into contracts.
e) “Facility Security Clearance” means the positive determination by a 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) “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 services or official tasks.
g) “Originating Party” means the Party, under whose authority or supervision Classified Information has been created under this Agreement, in accordance with its national laws and regulations.
h) “Personnel Security Clearance” means the positive determination 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) “Providing Party” means the Party or a Contractor under its jurisdiction, which provides Classified Information to the Receiving Party under this Agreement.
j) “Receiving Party” means the Party or a Contractor under its jurisdiction, which receives Classified Information from the Providing Party under this Agreement.
k) “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.
l) “Third Party” means any international organisation or state, including legal entities or individuals under its jurisdiction, which is not a Party to this Agreement.

1. The Competent Security Authorities of the Parties are listed in the Annex of this Agreement.
2. The Competent Security Authorities shall provide each other with official contact details and changes thereof.
3. The Parties shall inform each other via diplomatic channels about changes in the Competent Security Authorities which require an amendment in the Annex.

1. The following security classifications of the Parties are equivalent and correspond to the security classification levels specified in their national legislation:
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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 shall not modify or revoke the security classification of received Classified Information under this Agreement without the written approval of the Originating Party.

1. Access to Classified Information at the security classification levels Stg. CONFIDENTIEEL/KONFIDENTIELL and above shall be granted only to those individuals who have a Need to know, have a Personnel Security Clearance at the corresponding level or who are otherwise duly authorized by virtue of their functions in accordance with national laws and regulations, are briefed on their responsibilities and have signed a statement of confidentiality or are bound by law to confidentiality.
2. Access to Classified Information at the security classification level DEPARTEMENTAAL VERTROUWELIJK/BEGRÄNSAT HEMLIG 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 or are bound by law to confidentiality.

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:
a) marks Classified Information with the appropriate classification marking in accordance with its national laws and regulations;
b) informs the Receiving Party of any conditions of release or limitations on the use of the Classified Information provided;
c) 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:
a) affords the same level of protection to Classified Information as afforded to its national Classified Information of an equivalent security classification level;
b) shall take all lawful steps to ensure that Classified Information is not disclosed or released to a Third Party without the prior written consent of the Originating Party;
c) ensures that Classified Information is marked with its own corresponding security classification level;
d) ensures that Classified Information is used solely for the purpose it has been released for and in accordance with handling requirements of the Originating Party.
4. Classified Information jointly originated by the Parties shall be assigned a security classification that is mutually determined by the Parties.

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 the purpose of protecting Classified Information.
2. On request by 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 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.
4. 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.
5. 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.
6. In case the national laws and regulations of the Parties regarding public access to documents or access to information of public character have an impact on the information exchanged within the framework of this Agreement, the Competent Security Authorities shall inform each other.
7. The co-operation under this Agreement shall be effected in English.

1. If a Party or a Contractor under its jurisdiction proposes to grant a Classified Contract at the security classification levels equivalent to “Stg. CONFIDENTIEEL/KONFIDENTIELL” 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. For Classified Contracts at the security classification level equivalent to “DEPARTEMENTAAL VERTROUWELIJK/BEGRÄNSAT HEMLIG” as mentioned in article 4 of this Agreement, a Facility Security Clearance may be required, if mandated by national laws and regulations of the Contractor.
2. Prior to the award of a Classified Contract, the Competent Security Authority shall ensure that the Contractor:
a) 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;
b) 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;
c) monitors the security conduct within its facilities;
d) promptly notifies its Competent Security Authority of any Security Incident relating to the Classified Contract.
3. A Classified Contract between legal entities of the Parties shall contain provisions on the security requirements and on the classification of each aspect or element of the Classified Contract. A copy of these provisions shall be submitted to the Competent Security Authorities of the Parties to enable security supervision. The Classified Contract should furthermore include the obligation to notify any Security Incidents, a reference to this Agreement as well as the obligation to impose all stipulations concerning Contractors in this Agreement to the sub-contractor.
4. Each Competent Security Authority may request that a security check is carried out at a facility under the jurisdiction of and by the other Party’s Competent Security Authority to ensure continuing compliance with security standards according to this Agreement.
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.

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 functions in accordance with procedures to be approved by the Competent Security Authorities.

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 to which they have been translated, indicating that they contain Classified Information of the Originating Party.
4. Classified Information marked at the security classification level Stg. ZEER GEHEIM/KVALIFICERAT HEMLIG shall not be translated or reproduced without the prior written consent of the Originating Party.
5. Classified Information marked at the security classification level Stg. ZEER GEHEIM/KVALIFICERAT HEMLIG 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 Party.
6. Classified Information marked up to and including the security classification levels Stg. GEHEIM/HEMLIG 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 Originating Party about the destruction of this Classified Information.

1. Visits requiring access to Classified Information at a security classification level equivalent to Stg. CONFIDENTIEEL/KONFIDENTIELL or above as mentioned in article 4 of this Agreement are subject to the prior written consent of the Competent Security Authority of the host Party, unless otherwise agreed between the Competent Security Authorities. Such consent shall be given only to persons who have a Need to Know, have a Personal Security Clearance at the corresponding level or who are otherwise duly authorised to access Classified Information by virtue of their function, in accordance with the national laws and regulations of the Receiving Party. If mandated by national laws and regulations of the host Party, DEPARTEMENTAAL VERTROUWELIJK/BEGRÄNSAT HEMLIG level visits may be subject to the prior written consent of the Competent Security Authority of the host Party.
2. The visitor shall submit the request for visit at least ten 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) full name of the visitor, date and place of birth, nationality and passport/ID card number;
b) official title of the visitor and name of the organization the visitor represents;
c) confirmation of the visitor’s Personnel Security Clearance and its validity;
d) date and duration of the visit. In the case of recurring visits the total period covered by the visits shall be stated;
e) purpose of the visit and the anticipated security classification level of Classified Information to be discussed or accessed;
f) name, address, phone number, e-mail address and point of contact of the facility to be visited;
g) date and 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 handled in accordance with the provisions of this Agreement.
6. Official representatives of the Parties are permitted to participate in classified meetings by providing proof of their Personnel Security Clearance to the meeting organiser or secretariat prior to the meeting.

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 immediately investigate 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 of the Receiving Party shall take appropriate measures in accordance with its national laws and regulations to limit the consequences of the Security 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.

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

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

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

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. On the date of entry into force of this Agreement, the Agreement between the Kingdom of the Netherlands and the Kingdom of Sweden on the Reciprocal Protection of Classified Military Information, concluded at The Hague on 29 October 1984 shall cease to be in force.
3. 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).
4. Each Party shall promptly notify the other Party of any changes to its laws and regulations that would affect the protection of Classified Information under this Agreement. In such case, the Parties shall consult to consider possible changes to this Agreement. In the meantime, Classified Information shall continue to be protected as described herein, unless requested otherwise by the Originating Party.
5. This Agreement, including its Annex, 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 of the Annex, which amendment shall enter into force on a date to be agreed upon by the Parties.
6. 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.
7. 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.