Article 2. Definitions
[Tekst zonder datum inwerkingtreding. Zie het wijzigingenoverzicht.]
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a)
“Classified Contract” means a contract, including any pre-contractual negotiations, 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 for the supply of goods, execution of works or
provision of services, the performance of which requires or involves access or potential
access to or the generation of Classified Information.
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b)
“Classified Information” means any information, regardless of its form or nature, or objects or any parts
thereof designated by a security classification by one of the Parties, the unauthorised
disclosure or loss of which could cause varying degrees of harm to the interests of
one or both of the Parties.
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c)
“Competent Security Authority” means the government authority in a Party responsible for the implementation and
supervision of this Agreement. The Competent Security Authority may delegate part
of its responsibilities to a delegated competent security authority.
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d)
“Contractor” means any individual or legal entity with the capacity to enter into contracts.
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e)
“Facility Security Clearance” means the positive determination by a Party that a facility has appropriate security
measures in place for access to and handling of Classified Information up to and including
a specified security classification level, in accordance with national laws and regulations.
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f)
“Need to Know” means the verified requirement for an individual or a legal entity to access, have
knowledge of or possess Classified Information in connection with their official duties
and for the performance of a specific task.
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g)
“Originating Party” means the Party under whose authority Classified Information has been generated under
this Agreement.
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h)
“Personnel Security Clearance” means the positive determination by a Party 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.
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i)
“Providing Party” means the Party or Contractor under its jurisdiction, which provides Classified Information
to the Receiving Party under this Agreement.
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j)
“Receiving Party” means the Party or Contractor under its jurisdiction, which receives Classified Information
from the Providing Party under this Agreement.
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k)
“Security Classification Guide” means a document associated with a Classified Contract that identifies each part
of that Classified Contract which contains Classified Information, specifying the
applicable security classification levels.
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l)
“Security Incident” means an act or an omission, contrary to national laws and regulations, which results
in the unauthorised access, disclosure, loss or compromise of Classified Information.
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m)
“Third Party” means any international organisation or state, including legal entities or individuals
under its jurisdiction, which is not a Party to this Agreement.
