Business Confidential Information
|
Has the meaning given to it in Section IV of Annex I to this Agreement.
|
|
|
Classified Information
|
Any information that requires protection and is so designated by the application of
the appropriate security classification markings in accordance with the national laws,
regulations, policies, or directives of either Party. It may be stored in any form
or medium whatsoever, including, but not limited to, oral, visual, magnetic, electronic,
or documentary form, or in the form of Equipment and Material or technology.
|
|
|
Contract
|
Any mutually binding legal relationship under the laws of either Party that obligates
a Contractor to furnish supplies or services in relation to a Project Arrangement.
|
|
|
Contractor
|
Any entity awarded a Contract by, or entering into a Contract with, a Party in relation
to a Project Arrangement.
|
|
|
Controlled Unclassified Information
|
Information that is not deemed to be Classified Information in the United States nor
in the Netherlands, but to which access or distribution limitations have been applied
in accordance with national laws, regulations, policies, or directives of either Party.
Whether the information is provided or generated under this Agreement, it will be
marked to identify its sensitive character. This definition includes, but is not limited
to, information marked in the United States as “Sensitive Homeland Security Information,”
“Sensitive Security Information,” “For Official Use Only,” “Law Enforcement Sensitive
Information,” “Protected Critical Infrastructure Information,” “Restricted,” “Sensitive
But Unclassified (SBU),” and may include Business Confidential Information.
|
|
|
Cooperative Activity
|
Any activity described in Article 7 of this Agreement on which the Parties agree to cooperate to achieve the objectives
of this Agreement. Such activity will normally take the form of a Project.
|
|
|
Critical Infrastructure/
Key Resources
|
Governmental and/or private activities or sectors that are identified by each Party
in its laws, executive orders, directives or policies as “Critical Infrastructure”
or “Key Resources.”
|
|
|
Designated Security Authority (DSA)
|
The government authority responsible for the development of policies and procedures
governing security of Classified or Controlled Unclassified Information covered by
this Agreement.
|
|
|
Equipment and Material
|
Any document, product or substance on or in which information may be recorded or embodied.
Material shall encompass everything regardless of its physical character for makeup
including documents, writing, hardware, equipment, machinery, apparatus, devices,
models, photographs, recordings, reproductions, notes, sketches, plans, prototypes,
designs, configurations, maps and letters, as well as all other products, substances
or material from which information can be derived.
|
|
|
Intellectual Property
|
Has the meaning given in Article 2 of the Convention Establishing the World Intellectual Property Organization, done at Stockholm July 14, 1967, as amended September 28, 1979, and may include
other subject matter as agreed upon by the Parties.
|
|
|
Need-to-Know
|
An objective condition which justifies the access of an individual to specific information
related to the activities referred to in this Agreement, based on the individual’s
official duties or legal responsibilities.
|
|
|
Non-Disclosure Agreement (NDA)
|
A legal agreement between a Party and one or more Participants that creates an obligation
of the Participant not to disclose certain information and to restrict use of such
information.
|
|
|
Party
|
Either the Government of the United States of America and its federal departments,
agencies, and officials; or the Government of the Kingdom of the Netherlands and its
departments, agencies, and officials.
|
|
|
Participant
|
Any non-Party person or entity, including but not limited to a private sector organization,
academic institution, laboratory (or subsidiary thereof), or State or Local governments,
entities, or officials engaged in a Cooperative Activity, including those under Contract
to a Party.
|
|
|
Project
|
A specific form of Cooperative Activity described in Article 7 (Projects).
|
|
|
Project Arrangement
|
The instrument setting out the scope of any Project to be carried out by the Parties
described in Article 7 (Projects).
|
|
|
Project Background Information
|
Any information furnished to a Project regardless of form or type, including that
of a scientific, technical, business, or financial nature, and including photographs,
reports, manuals, threat data, experimental data, test data, designs, specifications,
processes, techniques, inventions, software, source code, drawings, technical writings,
sound recordings, pictorial representations, and other graphical presentations; whether
in magnetic or electronic media, computer memory, or any other form and whether or
not subject to intellectual property protections.
|
|
|
Project Foreground Information
|
Any information created in a Project, regardless of form or type, including that of
a scientific, technical, business, or financial nature, and including photographs,
reports, manuals, threat data, experimental data, test data, designs, specifications,
processes, techniques, inventions, software, source code, drawings, technical writings,
sound recordings, pictorial representations, and other graphical presentations; whether
in magnetic or electronic media, computer memory, or any other form and whether or
not subject to intellectual property protections.
|
|
|
Receiving Party
|
The Party to which Classified Information or Controlled Unclassified Information is
transferred.
|
|
|
Sending Party
|
The Party that originates and/or transfers Classified Information or Controlled Unclassified
Information to the Receiving Party.
|
|
|
Technology Management Plan
|
A specific component of the Project Arrangement jointly developed by the Parties in
which they agree on how Project Background and Foreground Information will be handled,
and which will discuss among other things, the rights of the Parties and their Contractors
and Participants concerning Intellectual Property created under this Agreement, including
how any royalties shall be shared, where such Intellectual Property shall be protected,
and who shall be responsible for obtaining that protection and granting licenses.
|
|
|
Third Party
|
Any entity or person who is neither a Party to this Agreement nor a Participant in
any of the Agreement’s Cooperative Activities.
|
|
|
Transport Security
|
Includes aviation, maritime, surface transport, offshore oil and gas and supply chain
security measures that contribute to attaining and maintaining a more secure transport
sector against the threat of terrorism and other unlawful acts.
|