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For the purpose of this Agreement, the following definitions mean:
a) “Agreement” means this document including its Annex.
b) “Classified Contract” means any legally enforceable agreement to provide goods or services to be entered into by one of the Parties or a Contractor under its jurisdiction with a Contractor under the jurisdiction of the other Party, which contains Classified Information or the performance of which requires access to Classified Information. This term includes a sub-contract or any pre-contractual activity.
c) “Classified Information” means any information, material or object, regardless of its form or nature, or any parts thereof, marked with a security classification by one of the Parties, the unauthorised disclosure, alteration, compromise or loss of which could cause varying degrees of damage or harm to the interests of one or both of the Parties.
d) “Competent Security Authority” means the government authority in a Party, or any delegated competent security authority in a military domain, responsible for supervising the implementation of this Agreement in accordance with the national laws and regulations.
e) “Contractor” means any individual other than those engaged by a Party under a contract of employment or any legal entity under the jurisdiction of a Party, entering into or bound by a Classified Contract, including a Sub-contractor.
f) “Facility Security Clearance” means a positive determination, confirmed by the 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 its national laws and regulations.
g) “Need to Know” means the requirement for an individual or legal entity to access, have knowledge of or possess Classified Information in order to be able to perform their official tasks or services.
h) “Originating Party” means the Party under whose authority Classified Information has been created.
i) “Personnel Security Clearance” means a positive determination, confirmed by the Competent Security Authority, 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.
j) “Providing Entity” means the Party or Contractor, under its jurisdiction, which releases Classified Information to the Receiving Entity under this Agreement.
k) “Receiving Entity” means the Party or Contractor under its jurisdiction, which receives Classified Information from the Providing Entity under this Agreement.
l) “Security Classification Guide” means a document associated with a Classified Contract specifying the applicable security classification levels of each part of that Classified Contract.
m) “Security Incident” means any unauthorised disclosure, alteration, compromise, loss, access, handling, storage or destruction of Classified Information, contrary to national laws and regulations of the Receiving Entity or this Agreement.
n) “Sub-contractor” means a Contractor to whom a prime Contractor grants a sub-contract.
o) “Third Party” means any State, including any public or private entity under its jurisdiction, or any international organisation, which is not a Party to this Agreement.