Artikel 8

1. If a Party or a Contractor under its jurisdiction proposes to grant a Classified Contract at the level KONFIDENCIĀLI / Stg. CONFIDENTIEEL or above, with a 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 or Personnel Security Clearance(s) at the appropriate security classification level. For Classified Contracts at the security classification level DIENESTA VAJADZĪBĀM / DEPARTEMENTAAL VERTROUWELIJK as mentioned in article 4 of this Agreement, a Facility Security Clearance may be required, if mandated by national laws and regulations.
2. The Competent Security Authority 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 Security Incident relating to the Classified Contract.
d) For Classified Contracts at the level KONFIDENCIĀLI / Stg. CONFIDENTIEEL or above, the Competent Security Authority shall ensure that the Contractor 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.
3. Every Classified Contract concluded in accordance with this Agreement shall include a security requirements chapter which identifies at least the following aspects:
a) a reference to this Agreement, the definition of the term “Classified Information” in accordance with Article 2 of this Agreement, and the table of the equivalent security classification levels of the Parties in accordance with the provisions of article 4 of this Agreement;
b) a statement that Classified Information generated or provided in the framework of the Classified Contract shall be protected in accordance with the applicable national laws and regulations;
c) a statement that the Contractor shall disclose the Classified Information only to individuals who have a Need to know, and, in case of Classified Information at the level KONFIDENCIĀLI / Stg. CONFIDENTIEEL or above, hold a Personnel Security Clearance at the appropriate Classification Level in accordance with the provisions specified in article 5 of this Agreement, and have been assigned to perform official tasks or services in relation to the Classified Contract;
d) a statement that the Contractor shall not disclose, or permit the disclosure of Classified Information to a Third Party or any other party that is not part of the Classified Contract without the prior written consent of the Originating Party;
e) a statement that Classified Information provided under the Classified Contract is to be used solely for the purpose for which it has been provided, or as further expressly authorised by the Originating Party in writing;
f) a Security Classification Guide;
g) a procedure for communication of changes in the security classification level, taking into account paragraph 3 of article 4, of this Agreement;
h) the channels and procedures to be used for the transport, transmittal or transmission of Classified Information;
i) a statement that Classified Information shall be stored and handled in premises and classified information systems that are accredited for storage and handling of Classified Information at the Classification Level foreseen in the particular Classified Contract. This statement is independent from the procedure for obtaining a confirmation regarding the granting of a Facility Security Clearance as foreseen in paragraph 1 of this article;
j) contact details of the Competent Security Authorities responsible for overseeing the protection of Classified Information related to the Classified Contract;
k) obligation to notify any Security Incidents.
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 contract.
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 all their obligations arising from this Agreement.