Security Implementing Arrangement for Operations between the Minister of Defence of the Kingdom of the Netherlands and the Department of Defense of the United States

1. Purpose

a) The following procedures have been developed by the Department of Defense of the United States (DoD) and the Minister of Defence of the Kingdom of the Netherlands (MODNL), hereinafter referred to as “the Participants”; to implement the provisions of the General Security Agreement (GSA) between the Government of the United States and the Government of the Kingdom of the Netherlands, entered into on August 18, 1960, as amended, and replaces the Security Procedures for Industrial Operations between the Ministry of Defence of the Kingdom of the Netherlands and the Department of Defense of the United States, dated April 9, 1982. That Agreement provides for the safeguarding of all classified information exchanged between the Governments. This Implementing Arrangement (hereinafter referred to as “Arrangement”) will apply to those cases in which contracts, subcontracts, pre-contract negotiations or other government approved Arrangements involving classified information of the Participants, are placed or entered into by or on behalf of the MODNL in the United States (U.S.) or by or on behalf of the DoD in the Kingdom of the Netherlands (NL).

b) Within the framework of their national legislation, each Participant will take all appropriate measures to ensure the protection of classified information or materiel provided pursuant to this Arrangement.

c) "The U.S. DoD hereby designates the Director, International Security Programs Directorate, Office of the Deputy Under Secretary of Defense (Technology Security Policy and Counterproliferation) as its Designated Security Authority (DSA) to provide policy oversight concerning the provisions of this Arrangement. For the NL MOD the DSA is the Director of the Defence Intelligence and Security Service (DDISS).

2. Definitions

The definitions of the GSA are outdated; The following definitions will therefore be used for the purpose of this Arrangement:

Classified Contract: A contract that requires, or will require, access to classified information by a contractor or by its employees in the performance of a contract.

Classified Information: Official information which has been determined to require, in the interests of national security of the owning or releasing government, protection against unauthorized disclosure and which has been so designated by the appropriate classification authority. This embraces classified information in any form, be it oral, visual, electronic, documentary or in the form of materiel.

Cognizant Security Office (CSO): The Government office or offices designated to administer industrial security in a Contractor's facility on behalf of the DSA.

Contract: A legally enforceable Arrangement to provide goods or services.

Contractor: An individual or a commercial or other entity that agrees to provide goods or services.

Designated Government Representative (DGR): A person appointed to represent the sending or receiving Participant in making or authorizing a government-to-government transfer of classified information.

Designated Security Authority (DSA): The government authority responsible for the security of classified information covered by this Arrangement.

Document: Any letter, note, minute, report, memorandum, message, sketch, photograph, film, map, chart, plan, notebook, stencil, carbon, typewriter ribbon, diskette, magnetic tape, or any other form of recorded information.

Facility Security Clearance Assurance (FSCA): A certification provided by a Participant's DSA or CSO for a contractor facility under its territorial jurisdiction which indicates that the facility is security cleared to a specified level and also has suitable security safeguards in place at a specified level to safeguard classified information. The FSCA also signifies that classified information CONFIDENTIAL or above will be protected by the contractor on which the FSCA is provided in accordance with the provisions of this Arrangement and that compliance will be monitored and enforced by the responsible DSA or CSO. NOTE: A FSCA is not required for a contractor to carry out contracts that require the receipt or production of classified information at the DEPARTEMENTAAL-VERTROUWELIJK (Departmental Confidential) level.

Government-to-government transfer: The principle that classified information and materiel CONFIDENTIAL and above will be transferred through official government-to-government channels or through other channels as may be jointly decided, in writing, by the Participants.

Materiel: Any document product or substance on or in which information may be recorded or embodied. Materiel will encompass everything regardless of its physical character or 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 materiel from which information can be derived.

Need to know: A determination made by an authorized holder of classified information that a prospective recipient requires access to specific classified information in order to perform or assist in a lawful and authorized governmental function.

Participant: In the NL Participant refers to the Ministry of Defence (including the Chief of Defence Staff, the Navy, Army, Air Force and Military Police Departments, the Defence lnterservice Command and other Defence Agencies). In the U.S. Participant refers to the Department of Defense, Department of Defense agencies and the Departments of the Army, Navy, and Air Force.

Personnel Security Clearance Assurance (PSCA):

a) In the case of an individual who is employed by a government agency or contractor facility under the jurisdiction of a DSA or CSO, a certification provided by that DSA or CSO concerning the level of personnel security clearance held by the individual.

b) In the case of an individual who is a citizen of the country of one Participant but is to be employed by the other Participant or its contractors, a statement provided by the DSA or CSO of the individual's country of citizenship concerning the individual's eligibility for a personnel security clearance at a level specified by the requesting Participant.

Receiving Participant: The Participant to which classified information is transferred.

Sending Participant: The Participant that transfers classified information to the receiving Participant.

3. Restrictions on use and disclosure of exchanged classified information

a) Unless express prior written consent is given to the contrary, the receiving Participant will not disclose or use, or permit the disclosure or use of, any classified information except for the purposes and within any limitations stated by the sending Participant.

b) The receiving Participant will not pass or disclose to a government official, contractor; contractor's employee or to any other person holding the citizenship of any third country, or to any international organization, any classified information CONFIDENTIAL or above, supplied under the provisions of the General Security Agreement and/or this Arrangement, nor publicly disclose any classified information without the prior written consent of the sending Participant.

c) Nothing in this Arrangement will be taken as an authority for, or to govern the release, use, exchange or disclosure of information in which intellectual property rights exist, until the specific written authorization of the owner of these rights has first been obtained. The sending Participant will advise the requesting Participant of any intellectual property rights attached to any classified information provided to or exchanged with the receiving participant.

4. Protection of classified information