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Section XI Security


All Classified Information exchanged or generated in connection with this Project will be used, transmitted, stored, handled, and safeguarded in accordance with the Participants' applicable national security laws and regulations, to the extent that they provide a degree of protection no less stringent than that provided for NATO Classified Information as set forth in the document "Security Within the North Atlantic Treaty Organization," C-M(55) 15 (Final), and its subsequent amendments.


Classified Information will be transferred only through government-to-government channels or through channels approved by the Designated Security Authorities (DSAs) of the Participants. Such Information will bear the level of classification and denote the country of origin.


Each Participant will take all lawful steps available to it to ensure that Information provided or generated pursuant to this MOU is protected from further disclosure except as provided by Paragraph 8, below, unless all other Participants consent to such disclosure. Accordingly, each Participant will ensure that:


The recipients will not release the Classified Information to any organization or other entity of a Third Party without the prior written consent of the originating Participant.


The recipients will not use the Classified Information for other than the purposes provided for in this MOU.


The recipients will comply with any distribution and access restrictions on Information that is provided under this MOU.


The Participants will investigate all cases in which it is known or where there are grounds for suspecting that Classified Information provided or generated pursuant to this MOU has been lost or disclosed to unauthorized persons. Each Participant also will promptly and fully inform the other Participants of the details of any such occurrences, and of the final results of the investigation and of the corrective action taken to preclude recurrences.


The DSA of a Participant in which a Classified Contract is awarded will assume responsibility for administering, within its territory, security measures for the protection of the Classified Information, in accordance with its laws and regulations. Prior to the release to any Contractors, prospective Contractors, or subcontractors of any Classified Information received under this MOU, the NSA/DSAs will:


Ensure that such Contractors, prospective Contractors, or subcontractors and their facilities have the capability to protect the Classified Information adequately.


Grant a security clearance to the facilities, if appropriate.


Grant a security clearance for all personnel whose duties require access to the Information, if appropriate.


Ensure that all persons having access to the Information are informed of their responsibilities to protect the Information in accordance with national security laws and regulations, and the provisions of this MOU.


Carry out periodic security inspections of cleared facilities to ensure that the Information is properly protected.


Ensure that access to the Information is limited to those persons who have a need-to-know for purposes of the Project.


Contractors, prospective Contractors, or subcontractors which are determined by the DSAs to be under financial, administrative, policy or management control of nationals or entities of a Third Party, may participate in a Contract or subcontract requiring access to Classified Information provided or generated pursuant to this MOU only when enforceable measures are in effect to ensure that nationals or entities of a Third Party will not have access to Classified Information. If enforceable measures are not in effect to preclude access by nationals or other entities of a Third Party, the other Participants will be consulted for approval prior to permitting such access.


For any facility wherein Classified Information is to be used, the responsible Participant or Contractor will approve the appointment of a person or persons of sufficient rank to exercise effectively the responsibilities for safeguarding at such facility the Information pertaining to this MOU. These officials will be responsible for limiting access to Classified Information or Material involved in this MOU to those persons who have been properly approved for access and have a need-to-know.


Each Participant will ensure that access to Classified Information is limited to those persons who possess requisite security clearances and have a specific need for access to the Classified Information in order to participate in the Project.


Information or Material provided or generated pursuant to this MOU may be Classified as high as SECRET. The existence of this MOU is Unclassified and the contents are Unclassified.


The PMs will prepare a Project Security Instruction and a Classification Guide for the Project. The Project Security Instruction and the Classification Guide will describe the methods by which Project Information will be classified, marked, used, transmitted, and safeguarded. The Instruction and Guide will be completed by the PMs within six months after this MOU comes into effect. The PMs will review and forward the Instruction and Guide to the appropriate DSAs for approval. Upon approval, the documents will be applicable to all Government and Contractor personnel participating in the Project and subject to regular review and revision.

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