Artikel 8

1. If a Party or a Contractor under its jurisdiction proposes to designate a Classified Contract at the security classification levels equivalent to “CONFIDENTIAL” and/or “SECRET” 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 “RESTRICTED” as mentioned in Article 4 of this Agreement, a Facility Security Clearance may be required, if mandated by national laws and regulations of the State of the Contractor.
2. The Competent Security Authority under whose jurisdiction the Contractor operates, shall ensure that the Contractor:
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) monitors the security conduct within its facilities;
c) notifies promptly its Competent Security Authority of any Breach of Security relating to the Classified Contract;
d) in addition to the subparagraphs a), b) and c) of this paragraph, for Classified Contracts at the security classification levels equivalent to “CONFIDENTIAL” and/or “SECRET” as mentioned in Article 4 of this Agreement holds a Facility Security Clearance at the appropriate security classification level in order to protect the Classified Information;
e) in addition to the subparagraphs a), b) and c) of this paragraph, for Classified Contracts at the security classification levels equivalent to “CONFIDENTIAL” and/or “SECRET” as mentioned in Article 4 of this Agreement, ensures 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 Security Classification Guide;
b) a procedure for communication between the parties to the Classified Contract of changes in the security classification level, taking into account article 4, paragraph 3 of this Agreement;
c) the channels and procedures to be used for the transport and/or transmission of Classified Information;
d) instructions for the handling and storage of Classified Information;
e) contact details of the Competent Security Authorities responsible for overseeing the protection of Classified Information related to the Classified Contract;
f) obligation to notify any Breach of Security.
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 Classified Contract.
5. If a Contractor sub-contracts parts of a Classified Contract, the Contractor and the sub-Contractor shall ensure the observance of this Agreement;
6. 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.