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 “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.