Artikel 7

1. If a Party, a Contractor or Legal Entity under its jurisdiction proposes to place a Classified Contract at RISERVATISSIMO / Stg. CONFIDENTIEEL or above as mentioned in article 4 of this Agreement, to a Contractor under the jurisdiction of the other Party, it shall first obtain written confirmation from the Competent Security Authority of such Party that the Contractor has been granted a Facility Security Clearance at the appropriate security classification level.
2. For Classified Contracts at the security classification level equivalent to RISERVATO / DEPARTEMENTAAL VERTROUWELIJK a Facility Security Clearance may be required, if stipulated by national laws and regulations of the Party under whose jurisdiction the Contractor operates. In case a Facility Security Clearance is required under national laws and regulations of one Party, such a requirement for Facility Security Clearance shall not impose on the other Party additional obligations than those established by its own national laws and regulations.
3. Notwithstanding paragraph 2, upon request by the Competent Security Authority of the Dutch Party, the Competent Security Authority of the Italian Party shall initiate the procedure for granting a Facility Security Clearance to Contractors who may have access to Classified Information at DEPARTEMENTAAL VERTROUWELIJK level in the context of Classified Contracts in the military domain. The Competent Security Authority of the Dutch Party shall be informed of the outcome of such procedure.
4. Upon request, the Competent Security Authority of the Receiving Party shall inform the Competent Security Authority of the Providing Party whether a Contractor under its jurisdiction and participating in a Classified Contract or precontractual negotiations regarding a Classified Contract has been issued a Facility Security Clearance at the required security classification level. If the Contractor does not, at that point, hold a Facility Security Clearance, or the Facility Security Clearance is at a lower level than that required, the Competent Security Authority of the Receiving Party shall inform the Competent Security Authority of the Providing Party of that fact.
5. The Party under whose jurisdiction a Classified Contract is to be performed shall ensure that:
a) all individuals who may be 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) the Contractor has the organizational capability to monitor the security conduct within its facilities;
c) the Contractor notifies promptly its Competent Security Authority of any Security Breach relating to the Classified Contract.
6. In addition to the requirements in paragraph 5 of this Article, for Classified Contracts at RISERVATISSIMO / Stg. CONFIDENTIEEL or above the Competent Security Authority having jurisdiction over the Contractor shall ensure that, prior to accessing such Classified Information, it holds a Facility Security Clearance at the corresponding 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 least at the corresponding security classification level.
7. Every Classified Contract shall include security clauses referring to:
a) a Security Classification Guide;
b) a procedure for notification of changes in the security classification level, taking into account article 5, paragraph 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, storage, destruction and returning 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) the obligation to notify any security incident to the Competent Security Authority of the Contractor and the obligation for Contractors to take all reasonable steps to assist in mitigating the effect of such a Security Breach, in consultation with the Competent Security Authority;
g) in case a Classified Contract in whole or in part is sub-contracted to a sub-Contractor, the obligation to impose all the stipulations concerning Contractors in this Agreement to the sub-Contractor;
h) a reference to this Agreement;
i) a statement that Classified Information exchanged or generated pursuant to the Classified Contract shall be protected by the Contractor in accordance with this Agreement and applicable laws and regulations.
8. If a Classified Contract is awarded, the Party, the Contractor or Legal Entity shall, via its Competent Security Authority, forward a copy of the security clauses to the Competent Security Authority of the Receiving Party, to facilitate the security oversight of the Classified Contract.
9. The procedures for the approval of visits associated with Classified Contract activities by personnel under the jurisdiction of one Party to premises of the other Party or of a Contractor or Legal Entity under its jurisdiction shall be in accordance with article 8 of this Agreement.