Appendix B Memorandum van overeenstemming tussen het Koninkrijk der Nederlanden en de Verenigde Staten van Amerika over samenwerking inzake defensiematerieel
Security requirements paragraph for inclusion in classified contracts involving classified information confidential or above
The provisions of this paragraph are based upon the Security Implementing Arrangement for Operations between the Ministry of Defence of the Netherlands and the Department of Defense of the United States, and shall apply to the extent that this contract involves access to or the possession of information or materiel to which a security classification has been assigned by the Government that originated the information (hereafter called originating government).
1. All classified information and materiel furnished or generated pursuant to this contract shall be protected as follows:
a) The recipient shall not release the information or materiel to a third country government, person, or firm without the prior approval of the originating government.
b) The recipient shall afford the information and materiel a degree of protection at least equivalent to that afforded it by the originating government as indicated in the table of Equivalent Security Classification Categories below. Information received shall be marked with the originator's level of classification and denote the country of origin.
c. The recipient shall not use the information and materiel for other than the purpose for which it was furnished without the prior written consent of the originating Participant.
Table of Equivalent Security Classification Categories
The Netherlands | United States
STG. ZEER GEHEIM | TOP SECRET
STG. GEHEIM | SECRET
STG. CONFIDENTIEEL | CONFIDENTIAL
DEPARTEMENTAAL-VERTROUWELIJK | No equivalent (See Appendix A)
2. Classified information and materiel furnished or generated pursuant to this contract shall be transferred through government-to-government channels or other channels jointly decided, in writing, by the governments of the United States and the Netherlands. Access to classified information and materiel CONFIDENTIAL or above shall be granted only to persons who have a security clearance at least equal to the classification level of the information and an official need for access to the information in order to perform on the contract.
3. Classified information and materiel furnished under this contract shall be remarked by the recipient with its government's equivalent security classification marking.
4. Classified information and materiel generated under this contract shall be assigned a security classification as specified by the Contract Security Classification Specifications/Security Aspects Letter (SAL) provided with this contract.
5. All cases in which it is known or there is reason to believe that classified information or materiel furnished or generated pursuant to this contract has been subject to a security breach, compromised, lost, or disclosed to unauthorized persons shall be reported promptly and fully by the contractor to its government's security authorities.
6. Classified information and materiel furnished or generated pursuant to this contract shall not be further provided to another potential contractor or subcontractor unless:
a) A potential contractor or subcontractor which is located in the U.S or NL has been approved for access to classified information and materiel at the requisite level by U.S. or the NL security authorities as appropriate;
b) If located in a third country, prior written consent is obtained from the U.S. or NL government; whichever is the originating government.
7. The recipient contractor shall insert terms that substantially conform to the language of these provisions, including this paragraph, in all subcontracts under this contract that involve access to classified information furnished or generated under this contract.
8. Upon completion of the contract, all classified information or materiel furnished or generated pursuant to the contract shall either be destroyed by the contractor in accordance with national rules and regulations or, if requested, returned to the government that furnished the information.
- Regeling
- Memorandum van overeenstemming tussen het Koninkrijk der Nederlanden en de Verenigde Staten van Amerika over samenwerking inzake defensiematerieel
- Soort
- Verdrag
- Geldend vanaf
- 13-03-2006
- BWB-id
- BWBV0003739
- Versie
- 2006-03-13_0