Artikel 8

1. If a Party or a Contractor under its jurisdiction proposes to grant a Classified Contract at a security classification level equivalent to Stg. CONFIDENTIEEL / CONFIDENTIAL / KONFIDENTSIAALNE 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, in accordance with national laws and regulations. For DEPARTEMENTAAL VERTROUWELIJK / RESTRICTED / PIIRATUD level contracts a Facility Security Clearance shall be required if mandated by national laws and regulations of the Contractor.
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.
In addition to subparagraphs a, b and c, the Competent Security Authority shall ensure that the Contractor holds, in accordance with paragraph 1 of Article 8 of this Agreement, 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 consists of the following aspects:
a) a Security Classification Guide;
b) a procedure for communication of changes in the security classification level, taking into account paragraph 3 of Article 4 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 for the Contractor to notify its Competent Security Authority of any Security Incident.
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. The Competent Security Authority shall ensure that, if a Contractor sub-contracts parts of a Classified Contract, the Contractor and the Sub-contractor shall ensure compliance with this article.