Artikel 7

1. Upon request of the Originating Party, the Competent Security Authority of the Receiving Entity shall inform the Competent Security Authority of the Originating 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 receiving the request shall inform the requesting Competent Security Authority of that fact.
2. If a Party or a Contractor under its jurisdiction proposes to grant a Classified Contract at a security classification level equivalent to “KONFIDENCIALIAI/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 the other Party that the Contractor has been granted a Facility Security Clearance at the appropriate security classification level. For Classified Contracts at the security classification level equivalent to “RIBIOTO NAUDOJIMO/DEPARTEMENTAAL VERTROUWELIJK” as mentioned in article 4 of this Agreement, a Facility Security Clearance may be required, if stipulated by national laws and regulations of the Party under whose jurisdiction the Contractor operates.
3. In accordance with article 1, paragraph 2 of this Agreement, the Party under whose jurisdiction the Classified Contract is to be performed 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 in accordance with their 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.
4. In addition to the requirements in paragraph 3 of this article, for Classified Contracts at the security classification levels equivalent to “KONFIDENCIALIAI/Stg. CONFIDENTIEEL” or above as mentioned in article 4 of this Agreement, the Competent Security Authority shall ensure that the Contractor 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 the corresponding security classification level.
5. Every Classified Contract shall include security requirements which identify the following aspects:
a) a Security Classification Guide;
b) a procedure for notification of changes in the security classification level, taking into account article 5, paragraph 3 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 Incidents 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 violation, 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.
6. If a Classified Contract is awarded, the Party or a Contractor under its jurisdiction shall, via its Competent Security Authority, forward a copy of the security requirements to the Competent Security Authority of the Receiving Entity, to facilitate the security oversight of the Classified Contract.
7. 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 8 of this Agreement.