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For the purpose of this Agreement:
a) “Agreement” means this document, including its Annex, which forms an integral part thereof.
b) “Classified Contract” means any legally enforceable agreement to provide goods or services to be entered into by one of the Parties, a Contractor or Legal Entity under its jurisdiction, with the other Party, a Contractor, or Legal Entity under its jurisdiction, which contains Classified Information or the performance of which requires access, potential access to or generation of Classified Information. This includes 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 or with a security classification mutually determined by both Parties in accordance with this Agreement, 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 responsible for the supervision or the implementation of this Agreement. The Competent Security Authority may delegate part of its responsibilities to a delegated competent security authority.
e) “Contractor” means any individual (other than those engaged by a Party under a contract of employment) or legal person, under the jurisdiction of a Party, engaging in any form of bidding process relating to, entering into or bound by a Classified Contract. This definition includes sub-contractors.
f) “Facility Security Clearance” means the positive determination by the Competent Security Authority of one Party, following a vetting procedure carried out in accordance with its national laws and regulations, that a facility has in place appropriate security measures to access and handle Classified Information up to and including a specified security classification level.
g) “Legal Entity” means any public or private body to which the national laws and regulations concerning the protection of Classified Information of a Party apply.
h) “Need to Know” means the principle by which access to Classified Information may be granted to an individual only in connection with his/her official duties and for the performance of specific tasks.
i) “Originator” means the Party under whose authority Classified Information has been created.
j) “Personnel Security Clearance” means the positive determination by the Competent Security Authority of one Party, following a vetting procedure assessing the loyalty, trustworthiness and reliability of an individual, that such individual has been security cleared to access and handle Classified Information up to and including a specified classification level, in accordance with the national laws and regulations of that Party.
k) “Providing Party” means the Party, including Contractors or Legal Entities under its jurisdiction, which provides Classified Information to the Receiving Party under this Agreement.
l) “Receiving Party” means the Party, including Contractors or Legal Entities under its jurisdiction, which receives Classified Information from the Providing Party under this Agreement.
m) “Security Classification Guide” means a document associated with a Classified Contract specifying the applicable security classification levels of each part of that Classified Contract.
n) “Security Breach” means any act or omission contrary to national laws and regulations of the Receiving Party and/or this Agreement which may result in loss, unauthorised disclosure, misappropriation, alteration, or any other form of compromise, of Classified Information.
o) “Third Party” means any international organisation, government or state, including individuals, legal persons or other forms of organisation under its jurisdiction, which is not a Party, a Contractor or a Legal Entity under this Agreement.