Article 2. Definitions
[Treedt in werking per 01-05-2023]
For the purpose of this Agreement:
“Classified Contract” means a contract or sub-contract, including any pre-contractual negotiations, which
contains or involves access to and handling of Classified Information.
“Classified Information” means any information that, regardless of its nature, requires protection against
unauthorised disclosure, misappropriation or loss, and to which a security classification
has been applied under national laws and regulations of one or both of the Parties.
“Competent Security Authority” means the government authority in a Party responsible for the implementation and supervision
of this Agreement.
“Contractor” means any individual or legal entity with the capacity to enter into contracts.
“Facility Security Clearance” means the positive determination by the Competent Security Authority that a Contractor
has in place appropriate security measures to access and handle Classified Information,
in accordance with national laws and regulations.
“Kingdom of the Netherlands” means the European part of the Netherlands and the Caribbean part of the Netherlands
(the islands of Bonaire, Sint Eustatius and Saba).
“Need-to-know” means the requirement for an individual or a legal entity to access Classified Information
to perform official tasks or services.
“Originating Party” means the government authority in a Party which is responsible for any decisions affecting
its national Classified Information generated and/or provided under this Agreement.
“Personnel Security Clearance” means the positive determination by the competent authority that an individual has
been security cleared to access and handle Classified Information, in accordance with
its national laws and regulations.
“Providing Party” means the Party or Contractor under its jurisdiction, which provides Classified Information
to the Receiving Party under this Agreement.
“Receiving Party” means the Party or Contractor under its jurisdiction, which receives Classified Information
from the Providing Party under this Agreement.
“Security Classification Guide” means a document associated with a Classified Contract that identifies each part
of that Classified Contract which contains Classified Information.
“Security Incident” means an act or an omission which results in the unauthorised access, disclosure,
loss or compromise of Classified Information.
“Third Party” means any international organisation or state, including legal entities or individuals
under its jurisdiction, which is not a Party to this Agreement.
Article 4. Security classification levels
[Treedt in werking per 01-05-2023]
The security classification levels shall correspond to one another as follows and
be considered as equivalent:
For the Kingdom of the Netherlands
|
For the Kingdom of Belgium
|
IN DUTCH LANGUAGE
|
IN FRENCH LANGUAGE
|
Stg ZEER GEHEIM
|
ZEER GEHEIM
|
TRES SECRET
|
Stg GEHEIM
|
GEHEIM
|
SECRET
|
Stg CONFIDENTIEEL
|
VERTROUWELIJK
|
CONFIDENTIEL
|
DEPARTEMENTAAL VERTROUWELIJK
|
(see note hereunder)
|
(see note hereunder)
|
Information received from the Netherlands classified as “DEPARTEMENTAAL VERTROUWELIJK”
shall be handled as “ BEPERKTE VERSPREIDING/DIFFUSION RESTREINTE” in the Kingdom of
Belgium.
Information received from Belgium marked as “BEPERKTE VERSPREIDING/DIFFUSION RESTREINTE”
shall be handled as “DEPARTEMENTAAL VERTROUWELIJK” in the Netherlands.