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Schedule B Briefwisseling tussen de Regering van het Koninkrijk der Nederlanden en de Regering van Australië houdende een overeenkomst inzake een defensiebeveiligingsregeling

1. Security Requirement Clause

(a) The provisions of this clause are based upon the Netherlands-Australia Defence Security Arrangement, and shall apply to the extent that this contract involves access to and the handling of information to which a security classification has been assigned by the Government of the Netherlands.

(b) The Government of the Netherlands shall assign a security classification to each of the elements of classified information furnished or to be developed under this contract, and shall advise the Chief Security Adviser, Central Office of Industrial Security, Department of Defence of such security classification. If classified information is disclosed orally pursuant to a visit to the contractor by or on behalf of the Government of the Netherlands, the contractor shall be informed of such security classification. The Chief Security Adviser, Central Office of Industrial Security, Department of Defence shall assign an equivalent Australian security classification to each of the elements of classified information furnished or to be developed under the contract, and shall forward the information to the contractor. The Government of the Netherlands shall keep current all security classifications, and inform the Chief Security Adviser, Central Office of Industrial Security, Department of Defence of any changes thereto by means of a security classification guide. Each classified element of this contract shall be safeguarded by the contractor as Australian classified information and shall be subject to the provisions of the Australian laws and regulations.

(c) The contractor shall not incorporate, disclose, or release any Netherlands classified information, other than that furnished to him in connection with this contract, in the performance of this contract without the express written authorisation of the Director of the designated Netherlands Intelligence Authority.

(d) To the extent that elements of this contract have been or may be assigned a security classification, as provided in paragraph (b) above, the contractor shall safeguard all classified elements of this contract and shall provide and maintain a system of security controls within his own organisation in accordance with the requirements of:

(1) The Security Agreement-Security Document No. 4 (attached) and the provisions of Security Document No. 1 or No. 2 as applicable (refer Schedule A) between the contractor and the Department of Defence and any modification to the Security Agreement or Security Document No. 1 or 2 as applicable for the purpose of adopting these regulations to the contractor's business;

(2) Any amendments to said regulations made after the date of this contract, notice of which has been furnished to the contractor by the Australian Government (Central Office of Industrial Security, Department of Defence) having security cognizance over the facility.

(e) Representatives of the Department of Defence, Central Office of Industrial Security having security cognizance over the facility shall be authorised to inspect at reasonable intervals the procedures, methods, and facilities utilised by the contractor in complying with the security requirements under this contract at locations within Australia. Should the Government of Australia determine that the contractor is not complying with the Security requirements of this contract, the contractor shall be informed in writing by the Central Office of Industrial Security, Department of Defence of the proper action to be taken in order to effect compliance with such requirement.

(f) If, subsequent to the date of this contract, the security classifications or security requirements under this contract are changed by the Government of the Netherlands or by the Government of Australia, and the security costs under this contract are thereby increased or decreased, the contract price shall be subject to an equitable adjustment by reason of such increased or decreased costs.

(g) The contractor agrees to insert provisions in all sub- contracts awarded to the Australian contractors here-under which involve access to classified information which shall conform substantially to the language of this clause, including this paragraph. For subcontracts awarded to other than Australian contractors, an appropriate security requirements clause will be obtained from the Government of the Netherlands and inserted in the sub-contract.

(h) The contractor also agrees that he shall determine that any sub-contractor proposed by him for the furnishing of supplies and services which will involve access to classified information in the contractor's custody, prior to being accorded access to classified information:

(1) if located in Australia, has been granted an appropriate Central Office of Industrial Security, Department of Defence security clearance which is still in effect, and has the ability to store classified information properly;

(2) if located in any other country, has been approved by the Government of the Netherlands to have access to its classified information.

(i) An appropriate clause shall be inserted in the contract if the contracting office desires to limit the sub-contracting procedure.

2. Table of Equivalent Security Classification Categories

The Netherlands Classification | Australian Classification

Zeer Geheim | Top Secret

Geheim | Secret

Confidentieel | Confidential

Dienstgeheim | Restricted

Ongeclassificeerd | Unclassified

Regeling
Briefwisseling tussen de Regering van het Koninkrijk der Nederlanden en de Regering van Australië houdende een overeenkomst inzake een defensiebeveiligingsregeling
Soort
Verdrag
Geldend vanaf
27-07-1978
BWB-id
BWBV0003467
Versie
1978-07-27_0

In de hele regeling · Officiële tekst op wetten.overheid.nl