TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-131

________________________________________________________________________

DEFENSE

Security of Information

Agreement between the

UNITED STATES OF AMERICA

and IRELAND

Agreement Signed at Dublin January 31, 2003

 
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
IRELAND

Defense: Security of Information

Agreement signed at Dublin January 31, 2003;

 Entered into force January 31, 2003.

 
AGREEMENT BETWEEN

THE GOVERNMENT OF

THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF IRELAND

CONCERNING SECURITY MEASURES

FOR THE PROTECTION OF

CLASSIFIED MILITARY INFORMATION
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF

AMERICA AND THE GOVERNMENT OF IRELAND CONCERNING SECURITY

MEASURES FOR THE PROTECTION OF CLASSIFIED MILITARY INFORMATION

PREAMBLE

The Government of the United States of America and the Government of Ireland,

hereinafter referred to as "the Parties," and separately as "a Party;"

In furtherance of mutual cooperation to ensure the protection of classified military

information;

Have agreed as follows:

ARTICLE 1

Classified military information provided directly or indirectly by one Party to the other Party,

or to an officer or other representative of the other Party, shall be protected according to the terms

set forth herein and in accordance with the laws and regulations of the country of the recipient

Party.

ARTICLE 2

Each Party shall promptly notify the other of any changes to its laws and regulations that

would affect the protection of classified military information under this Agreement. In such

case, the Parties shall consult, as provided for in Article 23, to consider possible amendments

to this Agreement. In the interim, classified military information shall continue to be protected

as described in this Agreement, unless otherwise agreed in writing by the releasing Party.

ARTICLE 3

For the purpose of this Agreement, classified military information is information that is

generated by or for the Department of Defense of the United States of America or the Ministry

of Defence of the Government of Ireland, or that is under their jurisdiction or control, and

which requires protection in the interests of national security of the Party by or for whom the

information was generated. For the Government of the United States of America, classified

military information is marked CONFIDENTIAL, SECRET, or TOP SECRET. For the

Government of Ireland, it is marked TOP SECRET, SECRET, CONFIDENTIAL, or

RESTRICTED. The information may be in oral, visual, electronic, magnetic or documentary

form, or in the form of equipment or technology.
ARTICLE 4

Supplemental annexes under this Agreement may be concluded by the designated

implementing agencies. For the Government of the United States of America, the

implementing agency shall be the Department of Defense. For the Government of Ireland, the

implementing agency shall be the Department of Defense.

ARTICLE 5

No individual shall be entitled to access to classified military information solely by virtue

of rank, appointment, or security clearance. Access to the information shall be granted only to

those individuals whose official duties require such access and who have been granted a

personnel security clearance in accordance with the prescribed standards of the recipient Party.

The Parties shall ensure that:

A. The recipient Party shall not release the information to a government, person,

firm, institution, organization or other entity of a third country without the prior written

approval of the releasing Party;

B. The recipient Party shall afford the information a degree of protection equivalent

to that afforded by the releasing Party;

C. The recipient Party shall not use the information for any other purpose than that

for which it was provided without the prior written approval of the releasing Party;

D. The recipient Party shall respect private rights, such as patents, copyrights, or

trade secrets, which are involved in the information; and

E. Each facility or establishment that handles classified military information shall

maintain a registry of the clearance of individuals at the facility or establishment who are

authorized to have access to such information.

ARTICLE 6

The determination on the granting of a personnel security clearance to an individual shall

be consistent with the interests of national security and shall be based upon all available

information indicating whether the individual is of unquestioned loyalty, integrity,

trustworthiness, and excellent character, and of such habits and associates as to cast no doubt

upon his or her discretion or good judgment in the handling of classified military information.

2
ARTICLE 7

An appropriate investigation, in sufficient detail to provide assurance that the above

criteria have been met, shall be conducted by the Parties with respect to any individual to be

granted access to classified military information covered by this Agreement.

ARTICLE 8

Before a representative of a Party releases classified military information to an officer

or representative of the other Party, the receiving Party shall provide to the releasing Party an

assurance that the officer or representative possesses the necessary level of security clearance

and requires access for official purposes, and that the information will be protected by the

receiving Party as required by the releasing Party.

ARTICLE 9

Authorizations for visits by representatives of one Party to facilities and

establishments of the other Party, where access to classified military information is

required, shall be limited to those necessary for official purposes. Authorization to visit a

facility or establishment shall be granted only by the Party in whose territory the facility or

establishment is located or by government officials designated by that Party. The visited

Party or the designee shall be responsible for advising the facility or establishment of the

proposed visit, and the scope and highest level of classified military information that may

be furnished to the visitor. Requests for visits by representatives of the Parties shall be

submitted through the United States Defense Attaché Office in Dublin, in the case of

United States visitors, and through the Embassy of Ireland in Washington, D.C., in the case

of Ireland visitors.

ARTICLE 10

Each Party shall be responsible for safeguarding all classified military information of

the other Party while the information is in transit or storage within its territory.

ARTICLE 11

Each Party shall be responsible for the security of all government and private facilities

and establishments where the information of the other Party is kept and shall assure that for

each such facility or establishment qualified individuals are appointed who shall have the

responsibility and authority for the control and protection of the information.

3
ARTICLE 12

The information shall be stored in a manner that assures access only by those individuals

who have been authorized access pursuant to Articles 5, 6, 7, and 8 of this Agreement.

ARTICLE 13

Classified military information shall be transmitted between the Parties through

government-to-government channels. The minimum requirements for the security of the

information during transmission shall be as follows:

A. Documents.

(1) Documents or other media containing classified military information shall be

transmitted in double, sealed envelopes, the innermost envelope bearing only the

classification of the documents or other media and the organizational address of the intended

recipient, the outer envelope bearing the organizational address of the recipient, the

organizational address of the sender, and the registry number, if applicable.

(2) No indication of the classification of the enclosed documents or other media

shall be made on the outer envelope. The sealed envelope shall then be transmitted

according to the prescribed regulations and procedures of the releasing Party.

(3) Receipts shall be prepared for packages containing classified documents or

other media that are transmitted between the Parties, and a receipt for the enclosed

documents or media shall be signed by the final recipient and returned to the sender.

B. Classified Equipment.

(1) Classified equipment shall be transported in sealed, covered vehicles, or be

securely packaged or protected in order to prevent identification of its details, and kept under

continuous control to prevent access by unauthorized persons.

(2) Classified equipment which must be stored temporarily awaiting shipment shall

be placed in a protected storage area. The area shall be protected by intrusion-detection

equipment or guards with security clearances who shall maintain continuous surveillance of the

storage area. Only authorized personnel with the requisite security clearance shall have access

to the storage area.

(3) Receipts shall be obtained on every occasion when classified equipment

changes hands en route.

4
(4) Receipts shall be signed by the final recipient and returned to the sender.

C. Electronic Transmissions. Classified military information transmitted by

electronic means shall be encrypted.

ARTICLE 14

Accountability and control procedures shall be established to manage the dissemination

of and access to classified military information.

ARTICLE 15

Each Party shall stamp or mark the name of the originating government on all classified

military information received from the other Party. The information shall be marked with a

national security classification marking of the recipient Party that will afford a degree of

protection equivalent to that afforded to it by the releasing Party.

ARTICLE 16

Classified documents and other media containing classified military information shall

be destroyed by burning, shredding, pulping, or other means preventing reconstruction of the

classified military information contained therein.

ARTICLE 17

Classified equipment shall be destroyed beyond recognition or modified so as to

preclude reconstruction of the classified military information in whole or in part.

ARTICLE 18

When classified documents or other media are reproduced, all original security

markings thereon shall also be reproduced or marked on each copy. Such reproduced

documents or media shall be placed under the same controls as the original document or

media. The number of copies shall be limited to that required for official purposes.

ARTICLE 19

All translations of classified military information shall be made by individuals with

security clearances pursuant to Articles 6, 7, and 8. The number of copies shall be kept to a

minimum and the distribution thereof shall be controlled. Such translations shall bear

appropriate security classification markings and a suitable notation in the language into

which it is translated, indicating that the document or media contains classified military

information of the releasing Party.

5
ARTICLE 20

Prior to the release to a contractor or prospective contractor of any classified military

information received from the other Party, the recipient Party shall:

A. Ensure that such contractor or prospective contractor and the contractor's facility

have the capability to protect the information;

B. Grant to the facility an appropriate facility security clearance;

C. Grant appropriate personnel security clearances for all individuals whose duties

require access to the information;

D. Ensure that all individuals having access to the information are informed of their

responsibilities to protect the information in accordance with applicable laws and regulations;

E. Carry out periodic security inspections of cleared facilities to ensure that the

information is protected as required herein; and

F. Ensure that access to the information is limited to those persons who have a need to

know for official purposes.

ARTICLE 21

The releasing Party shall be informed immediately of all losses or compromises, as well

as possible losses or compromises, of its classified military information, and the recipient

Party shall initiate an investigation to determine the circumstances. The results of the

investigation and information regarding measures taken to prevent recurrence shall be

forwarded to the releasing Party by the Party that conducts the investigation.

ARTICLE 22

Implementation of the foregoing security requirements can be advanced through

reciprocal visits by security personnel of the Parties. Accordingly, security representatives of

each Party, after prior consultation, shall be permitted to visit the other Party, to discuss and

view firsthand the implementing procedures of the other Party in the interest of achieving

reasonable comparability of the security systems. Each Party shall assist the security

representatives in determining whether classified military information provided by the other

Party is being adequately protected.

6
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF

THE UNITED STATES OF AMERICA: IRELAND:

ARTICLE 23

A. This Agreement shall enter into force on the date of the last signature.

B. Amendments to the present Agreement shall be made by mutual consent of the

Parties and shall enter into force as of the date of their signing.

C. This Agreement shall remain in force for a period of five years and shall be

automatically extended annually thereafter, unless either Party notifies the other in writing

through diplomatic channels, ninety days in advance, of its intention to terminate the

Agreement.

D. Notwithstanding the termination of this Agreement, all classified military information

provided pursuant to this Agreement shall continue to be protected in accordance with the

provisions set forth herein.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective

Governments, have signed this Agreement.

DONE in duplicate at ../..)0,3 

year Two Thousand and Three.

on this 3 / day of 7.-qN--- ,' , 4/2,7 

, in the

7