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1. |
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.
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2. |
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.
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3. |
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:
a.
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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.
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b.
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The recipients will not use the Classified
Information for other than the purposes provided for in this MOU.
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c.
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The recipients will comply with any
distribution and access restrictions on Information that is provided under
this MOU.
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4. |
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.
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5. |
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:
a.
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Ensure that such Contractors, prospective
Contractors, or subcontractors and their facilities have the capability to
protect the Classified Information adequately.
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b.
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Grant a security clearance to the
facilities, if appropriate.
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c.
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Grant a security clearance for all personnel
whose duties require access to the Information, if appropriate.
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d.
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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.
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e.
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Carry out periodic security inspections of
cleared facilities to ensure that the Information is properly protected.
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f.
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Ensure that access to the Information is
limited to those persons who have a need-to-know for purposes of the Project.
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6. |
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.
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7. |
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.
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8. |
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.
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9. |
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.
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10. |
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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