TREATIES AND OTHER INTERNATIONAL ACTS SERIES 18-718

________________________________________________________________________

DEFENSE

Protection of Information

Agreement Between the 

UNITED STATES OF AMERICA

and BRUNEI

Signed at Bandar Seri Begawan July 18, 2018 

with

Appendix
 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.”
 BRUNEI 

 

 Defense: Protection of Information

 Agreement signed at Bandar Seri Begawan 

 July 18, 2018;

 Entered into force July 18, 2018.

 With appendix.
AGREEMENT BETWEEN 

THE GOVERNMENT OF THE UNITED STATES OF AMERICA 

AND 

. THE GOVERNMENT OF ms MAJESTY THE SULTAN AND 

YANG DI-PERTUAN OF NEGARA BRUNEI DARUSSALAM 

CONCERNING SECURITY MEASURES FOR THE PROTECTION OF 

CLASSIFIED :MILITARY INFORMATION 

PREAMBLE 

The Government of the United States of America (the "United States") and the 

Government of His Majesty the Sultan and Yang Di-Pertuan of Negara Brunei 

Darussalam. ("Brunei") (individually a "Party," and collectively the "Parties"), 

CONSIDERING that the Parties cooperate in matters including. but not limited to, 

foreign affairs, defense, security. law enforcement. science, industry, and technology. 

and 

HAVINO a mutual jnterest in the protection of Classified Military Information 

exchanged in confidence between the Parties, 

Have agreed as follows: 

ARTICLE 1 - DEFINITIONS 

For the purpose ofthis Agreement: 

1. Classified Military Information: Information generated by the Department of 

Defense of the United States (U.S. DoD) or the Ministry of Defence of Brunei 

(MINDEF) provided byone Party to the other Party that is designated as classified by 

the releasing Party for national security purposes and therefore requires protection 

against unauthorized disclosure. The information may be in oral, visual, electronic, 

or documentary fonn, or in the form ofmaterial, including equipment or technology. 
2. Classified Contract: A contract that requires, or will require, access to, or. 

production of, Classified Military Information by a Contractor or by its employees in 

the performance ofthe contract. 

3.· Contractor: An individual or a legal entity, possessing the ·legal capacity to 

conclude contracts, who is a party to a Classified Contract . 

. 4. Facility Security Clearance: A certification provided by the National Security 

Authority of a Party, as designated in Article 4, for. a Contractor facility mt<ier the 

Party's jurisdiction that indicates the facility is cleared to a specified level and also 

has suitable security safeguards in place at a specified level to safeguard Classified 

Military Information. Such a certification shall signify that Classified Military 

Information at the CONFIDENTIAL level or above shall be protected by the. 

Contractor for which the Facility Security Clearance (FSC) is provided in accordance 

with the provisions of this Agreement and th.at compliance shall be monitored and 

enforced by the relevant National Security Authority. An FSC is not required for a 

Contractor to undertake Contracts that only require the receipt or production of 

Classified Military Information at the RESTRICTED level 

5. Personiiel Security Clearance <PSC): 

a. 	 A determination by the National Security Authority of a Party, as designated in 

Article 4, th.at an individual who is employed by a government agency ofthat 

Party or a Contractor lDlder the jurisd,iction ofthat Party is authorized to access 

Classified Military Information up to a specified level. ·· 

b. A determination by the National Security Authority of a Party, as designated in 

· Article 4, th.at an individual who is a citizen of one Party but is to be employed 

by the other Party or by one of the other Party's Contractors is authorized 

access t? Classified Military Information up to a specified level. 

6. ·Need to Know: A determination made by an authorized holder of Classified 

Military Information that a prospective recipient of Classified Military Information 

requires access to specific Classified Military Information · in order to perform or 

assist in a lawful and authorized governmental function. 

ARTICLE 2-LIMITATIONS ON SCOPE OF THE AGREEMENT 

This Agreement shall not apply to Classified Military Information with.in the scope of 

the terms of another agreement or arrangement between the Parties or agencies 

thereof providing for the protection of a particular item or category of Classified 
. . 

Military Information exchanged between the Parties or agencies thereof, except to the 

extent that such other agreement or arrangement expressly makes this Agreement's 

terms appliCable. This Agreement also shall not apply to the exchange ofRestricted 

Data, as defined in the U.S. Atomic Energy Act of 1954, as amended (the ..AEA"), or 

to Formerly Restricted Da~ which is data removed from the Restricted Data 

category in accordance with the AEA but still considered to be defense information 

by the United States. 

ARTICLE 3-COMMITMENT TO THE PROTECTION OF CLASSIFIED 


MILITARY INFORMATION 


1. Each Party shall protect Classified Military Information of the other Party 

according to the terms set forth herein. 

2. Classified Military Information shall be protected by the recipient Party in a 

manner that is at least equivalent to the protection afforded to Classified Military 

Information by the. releasing Party. · · 

3. Each Party shall promptly notif'.Y the other Party of any changes to its country's 

laws and i-egulations that would affect the protection of Classified Military 

Information under this Agreement. The obligations in this Agreement shall not be. 

affected by such changes in domestic law. In such ca5es, the Parties shall consult 

regarding possible amendments to this Agreement or other measures that may be 

appropriate to maintain protection of Classified Military Information exchanged · 

under this Agreement. 

ARTICLE 4-NATIONAL SECURITY AUTHORITIES 

1. The Parties shall inform each other ofthe National Security Authorities responsible 

for implementation of this Agreement and any subsequent changes to these 

Authorities. 

2. For the pwpose ofthis Agreement. the National Security Authorities shall be: 

a. for the United States: Director, International Security Programs. Defense 

Technology Security Administration, Office of the Under Secretary of Defense for 

Policy, U.S. DoD. 

b. for Brunei: Director, Defence Security Branc~ Defence Minister's Office and 

Directorate ofStrategic Planning, MINDEF. 
3. 1be Parties may eonclude supplemental implementing arrangements to this 

Agreement where additional technical security measures may be required to protect 

Classified Military lnfonnation transferred to the recipient Party through foreign 

military sales or cooperative programs for co-production or co-development of 

defense articles or services. Such implementing arrangements may include SPecial 

Security Agreements or Industrial Security Agreements. 

ARTICLE 5-DESIGNATION OF CLASSIFIED MILITARY 


INFORMATION 


1. Classified Military Infonnation shall be designated, and stamped or marked where 

. possible, by the releasing Party as classified at one ofthe following national security 

classification levels. For purposes of ensuring equivalent treatment. the Parties agree 

that the following security classification levels are equivalent: 

UNITED STATES BRUNEI 

TOP SECRET TOP SECRET 

SECRET SECRET 

CONFIDENTIAL CONFIDENTIAL 

No equivalent RESTRICTED 

2. During the implementation of this Agreement, if Brunei provides Classified 

Military Information designated as "RESTRICTED" the United States shall protect it 

as "CONFIDENTIAL, MODIFIED HANDLING AUIHORIZED" in acc0rdance 

with the Appendix to this Agreement 

3. Classified Military Information shall be designated. and stamped or ~arked where · 

possible, with the name ofthe releasing Party. 

ARTICLE 6-RESPONSIBILITY FOR CLASSIFIED MILITARY 


INFORMATION 


The recipient Party shall be responsible for the protection of all Classified Military 


· Information of the releasing Party in a manner that is at least equivalent to the 


protection afforded to Classified Military Information by the releasing Party while the 


Classified Military Information is under its control. While in transit. the releasing 

Party shall be responsible for all Classified Military Information until custody of the 

Classified Military Information is formally transferred to the recipient Party. 

ARTICLE 7-PROTECTION OF CLASSIFIED MILITARY INFORMATION 

1. No individual shall be entitled to have access to Classified Military Information 

solely by virtue ofrank, position, appointment, or PSC. Access to such information 

shall be granted only to individuals who have a Need to Know and who have been 

grarited the requisite PSC in accordance with the prescribed standards ofthe recipient 

Party. 

2. Except as otherwise provided in this Agreement, the recipient Party shall ·not 

release Classified Military Information of the releasing Party to any third party, 

including any third-party government, individuai firm. institution, orga.niution, or 

other entity, without the prior written consent of the releasing Party. Government 

agencies ofboth Parties other than the U.S. DoD or MINDEF are not considered third 

parties for the puipose ofthis Agreement. · 

3. The recipient Party shall not use or permit the use of Classified Military 

Information of the releasing Party for any other purpose than that for which it was 

provided without the prior written consent ofthe releasing Party. 

. . 

4. The recipient Party shall respect any private rights that are associated with 

Classified Military Information of the releasing Party, including those rights with 

respect to patents, copyrights, or trade secrets, and shall not release, use, exchange, or 

disclose such Classified Military Information in a manner inconsistent with those 

rights without the prior written authorization ofthe owner ofthose rights. 

5. The recipient Party shall ensure that each facility or establishment that handles 

Classified M'tlitary Information covered by this Agreement maintains a list of 

individuals at the facility or establishment whp are authorized to have access to such 

information. r 

) . 

6. Each Party shall develop accountability and control procedures to manage the 

dissemination of, and access to, Classified Military Information. 

7. Each Party shall comply with any and all limitations on use, disclosure, release, 

and access to Classified Military Information as may be specified by the releasing 

Party when it discloses such Classified Military Information. If a Party is unable to 

comply with the specified limitations, that Party shall immediately consult with the 
other Party and shall undertake all lawful measures to prevent or minimize any such 

use, disclosure, release, or access. · 

ARTICLE 8-PERSONNEL SECURITY CLEARANCES 

1. The Parties shall ensure that all individuals who in the conduct of their official 

duties require access or whose duties or functions may afford access to Classified 

Military Information pursuant to this Agreement receive an appropriate PSC before 

they are granted access to such information. 

2. The Party granting the PSC shall conduct an appropriate investigation in sufficient 

detail to determine an individual's suitability for access to Classified. Military 

Information. The determination to grant a PSC will be made in accordance with the 

national laws and regulations ofthe granting Party. 

3. Before an official or representative of one Party releases Classified Military 

Information to an official or representative ofthe other Party, the recipient Party shall 

provide to the releasing Party an assurance that the official or representative has the 

necessary PSC level and a Need to Know and that the Classified Military Information 

will be protected by the recipient Party in accordance with this Agreement. 

ARTICLE 9-RELEASE OF CLASSIFIED MILITARY INFORMATION TO 


CONTRACTORS 


1. Classified. Military Information received by a recipient Party may be provided by 

the recipient Party to a Contractor or prospective Contractor whose duties require 

access to such information with the prior written consent ofthe releasing Party. Prior 

to releasing any Classified Military Information to a Contractor or prospective 

Contractor, the recipient Party shall: 

a. Confinn that such Contractor or prospective Contractor and the Contractor's · 

facility have the capability to safeguard the information in accordance with the terms 

ofthis Agreement; · 

b. Confirm that such Contractor or prospective Contractor a,nd the Contractor's 

facility have been granted appropriate PSCs and FSCs, ·as applicable.; 

c. Confirm that the Contractor or prospective Contractor has procedures in 

place to 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; . 
d. Carry Out periodic security inspections of cleared facilities to ensure that the 

information is Protected as required by this Agreement; and 

e. Confirm that the Contractor or prospective Contractor has procedures· in 

place to ensure that access to the information is limited to those individuals Who have 

a Need to Know. 

ARTICLE 10 - CLASSIFIED CONTRACTS 

1. When a Party proposes to place, or authorizes a Contractor in its country to place. a 

Classified Contract that is Classified at the CONFIDENTIAL level or above, with a 

Contractor in the country ofthe other Party, the Party that is to place or authorize the 

Contractor to place such qassified Contract shall request an assuranee that an FSC 

has been issued frotn the National Security Authority of the other Party. The 

National Security Authority of the requested Party shall monitor and take all 

appropriate steps to ensure the security conduct by the Contractor will be in 

accordance with applicable laws and regulations. 

2. The National Secwity Authority of a Party negotiating a Classified Contract to be 

performCd in the . country of the other Party shall incorporate in the Classified 

Contract, request for proposal. or subcontract document appropriate security clauses 

and other relevant provisions, including costs for seeurity. This includes provisions 

· requiring any Contractors to include appropriate security clauses in their subcontract 

documents. · 

ARTICLE U - RESPONSIBILITY FOR FACILITIES 

Each Party shall be responsible for the secmi.ty of all government and private 

facilities and establishments where it .stores Classified Military Information of the 

other Party and shall ensure that such facilities or establishments have qualified and 

appropriately cleared individuals appointed with the responsibility and authority for 

the control and protection ofsuch information. 

ARTICLE 12- STORAGE OF CLASSIFIED MILITARY INFORMATION 

Classified Military Information exchanged between the Parties shall be stored in a 

manner. that ensures access only by those individuals who have been authorized . 

access. 
ARTICLE 13-TRANSMISSION 

1. Classified Military Information shall . be transmitted between the Parties through 

government-to-government channels or other channels mutually approved in advance 

in writing. 

2. The minimum requirements for the security of Classified Military Information 

dwing transmission shall be as follows: 

a. Documents or other media: 

{1) Documents or other media containing Classified Military Information 

shall be transmitted in double, sealed envelopes.· The inner envelope shall indicate . 

only the classification ofthe documents or other media and the organiutional address 

of the intended recipient. The outer envelope shall indicate the organi7.ational 

address of the intended recipient, the organizational address of the sender, and the 

document control number, ifapplicable .. 

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

media shall be made on the outer envelope. The double sealed envelope shall be 

transmi~d according to the prescnDed procedmes ofthe Parties. 

. (3) Receipts shall be prepared by the recipient for packages containing 

documents or other media containing Classified Military Information that are 

transmitted between the Parties, and such receipts shall be signed by the final 

recipient and returned to the sender. 

b. Material: 

{l) Material. including equipment, that contains Classified Military 

Information shall be transported in sealed, covered vehicles, or shall otherwise be 

securely packaged or protected in order to prevent identification of its shape, size, or 

contents, and kept under continuous control· to. prevent access by l.Ulauthorized 

persons. 

(2) Material, including equipment which contains Classified Military 

Information that must be stored temporarily awaiting shipment shall be placed in 

protected storage areas. Such areas shall be protected by intrusion detection 

equipment or guards with requisite PSCs who shall maintain continuous surveillance 
ofthose areas. Only authorized personnel with the requisite PSC shall have acceSs to 

the protected storage areas. 

(3) Receipts ·shall be obtained whenever material that contains Classified 

Military Information, including equipment:, changes hands during trans~ and a receipt 

for such material shall be signed by the final recipient and retwned to the sender. 

c. Electronic transmissions: 

(l) Classified Military Information 1hat is classified at the CONFIDENTIAL 

level or above that is to be transferred electronically shall be transmitted Using secure 

means that have been approved by each Party's National Security Authority. 

ARTICLE 14- VISITS TO FACILITIES AND ESTABLISHMENTS OF THE 

PARTIES 

1. Visits by representatives of one Party to facilities and establishments of the other 

· Party that require access to Classified Military Information, or visits for which a PSC 

is required to permit access, shall be limited to those necessary for official purposes. 

Authorization shall only be granted to representatives who possess a valid PSC. 

2. Authorization to visit such facilities and establishments shall be granted only by 

the Party in whose territory the facility or establishment to be visited is located. The 

visited Party, or its designated officials, shall be responsible for advising the facility 

or establishment ofthe proposed visit, and the scope and highest level of Classified 

Military Information that may be :furnished to the visitor. 

3. Requests for visits by representatives of the Parties shall be submitted by the 

. Embassy of the United States in Bandar. Seri Begawan in the case of U.S. visitors, 

and by the Embassy ofBrunei in Washington, D.C., in the case ofBruneian visitors. 
ARTICLE lS- SECURITY VISITS 

· Implementation of security requirements set out in this Agreement may be verified 

through reciprocal visits by security personnel of the Parties. The security 

representatives of each Party, after prior consultation, shall . be permitted to visit the 

other Party to discuss and observe the implementing proCedures ofthe other Party in 

the interest of achieving reasonable comparability of security systems. 1he host 

Party shall assist the visiting security representatives in determining whether 

Classified Military Information received from the other Party is being adequately 

protected. 

ARTICLE16-SECURITYSTANDARDS 

On request. each Party shall provide the other Party with infonnatiOn about its 

security standards, practices, and procedures for safeguarding of Classified Military 

Information. 

ARTICLE 17-REPRODUCTION OF CLASSIFIED MILITARY 


INFORMATION 


When Classified Military Information is reproduced, all of the original security 

markings thereon shall also be reproduced, stamped, or marked on each reproduction 

ofsuch information. Such reproductions. shall be subject to the same controls as the 

original information. The number ofreproductions shall be limited to the minimum 

number required for official purposes. 

ARTICLE 18-DESTRUCTION OF CLASSIFIED MILITARY · 

INFORMATION 

t. Documents and other media containing Classified Military Information shall be 

destroyed by burning, shredding. pulping, or other means that prevent reconstruction 

· ofthe Classified Military Information contained therein. 

2. Material, including equipment. containing Classified Military Information shall be 

destroyed through means that render it no longer recognizable so as to preclude 

re.construction ofthe Classified Military Information in whole or in part. 
ARTICLE 19-DOWNGRADING AND DECLASSIFICATION 

1. The Parties agree that Classifi¢ Military Information should be downgraded in 

classification as soon as the information ceases to require that higher degree of 

protection or should be declassified as soon as the information no longer requires 

protection against unauthorized disclosure. 

2. The releasing Party has complete discretion concerning downgrading or 

declassification ofits Classified Military Information. The recipient Party shall not 

downgrade ·the security classification or declassify Classified Military Information 

received from the releasing Party. notwithstanding any apparent declassification 

instructions on the document. without the prior written consent ofthe releasing Party. 

ARTICLE 20-LOSS OR COMPROMISE 

The recipient Party shall inform the releasing Party immediately upon discovery of all 

losses or compromises. as well as possible losses or compromises. of Classified 

Military Information ofthe releasing Party. In the event of an actual or possible loss 

or compromise ofsuch information, the recipient Party shall initiate an investigation 

immediately to determine the circumstances of the actual or possible loss or 

compromise. The results of the investigation and infonnation regarding measures 

· taken to prevent recurrence shall be provided to the releasing Party. 

ARTICLE 21- DISPUTES 

Disagreements between the Parties arising under or relating to this Agreement shall 

be settled solely through consultations between the Parties and shall not be referred to 

a national court, an international tribunal, or any other person or entity for settlement. 

ARTICLE 22 - COSTS 

Each Party shall be responsible for bearing its own costs incurred in implementing 

this Agreement. All obligations ofthe Parties under this Agreement shall be subject 

to the availability offtmds. 

ARTICLE 23-AMENDMENTS 

This Agreement shall be amended only by mutual agreement of the Parties. Any 

such amendments shall enter into force on the date of the later signatme by the 

Parties. 
ARTICLE 24- FINAL PROVISIONS 

1. This Agreement shall enter into force on the date of the later signature by the 

Parties and shall remain in force unless either Party terminates it in accordance with 

paragraph 2 ofthis Article. 

2. Either Party may terminate this Agreement by notifying the other Party in writing 

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

Agreement. 

3. Notwithstanding the termination of this Agreement, all Classified Military 

Information exchanged or otherwise 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 thereto by their 

respective Governments, have signed this Agreement. 

DONE at !lo...~~cl. Bc'.)Q..i•"" this l<'t< day of ..) v \ 't • 2018, in 

duplicate, in the English language. 

FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF 

THE UNITED STATES OF ms MAJESTY THE SULTAN AND 

AMERICA: YANG DI-PERTUAN 

OF NEGARA BRUNEI 

~R DARUSSALAM: . 

. OF ..~ r~E UNITEJl STATES OF AMERICA 
APPENDIX 

PROCEDURESFORPROTECfINGBRUNEIRESTRICI'ED 


CLASSIFIED MILITARY INFORMATION PROVIDED TO THE 


UNITED STATES 


· 1. Upon receipt, Brunei Classified Military Information provided to the United States 

and designated as "RESTRICTED" shall be protected by the United States as 

"CONFIDENTIAL, MODIFIED HANDLING AUTIIORIZED" in accordance with 

the following procedures. 

2. Information designated as "RESTRICfED" shall be stored in locked containers or 

closed areas that prevent access by unauthorized personnel 

3. The United States shall take all available steps to protect "RESTRICTED" 

information provided by Brunei from disclosure to unauthorized persons or entities 

without the prior written approval ofBrunei. 

4. "RESTRICTED" information shall, as applicable •. be stored, processed, or 

transmitted electronically using government- or Contractor-accredited systems. In 

particular, before any system iS used to store, process, or transmit "RESTRICTED" 

information, it must receive security approval, known ·as Accreditation. An 

Accreditation is a formal statement by the appropriate accrediting authority. 

confuming that the use of a system meets the appropriate security requireinents and 

doeS not present an unacceptable risk. Security Standard Operating Procedures are 

technical procedures to implement security policies and requirements unique to a 

specific facility to protect automated information systems processing Classified 

Military Information. For stand-alone automated· information systems such as 

desktop and laptop computers utilized in U.S. Government establishments, the. system 

registration docwnent together with the Security Standard Operating Procedures shall 

fulfill the role ofthe required Accreditation. For Contractors, guidance on the use of 

communications and information systems shall be incorporated into the Restricted 

Conditions Requirements Clause in the Contract. 

.	S. '"RESTRICTED" information shall be transmitted by first class mail within the 

United States in one sealed envelope. Transmission outside the United States shall be 

in double, sealed envelopes, with the inner envelope marked · .. BRUNEI 

RESTRICTED." Transmission outside the United States shall be by traceable means 

such as·commercial courier or other means agreed upon by the Parties in·writing. 
6. U.S. documents that contain "BRUNEI RESTRICTED" information shall bear on 

the cover and the first page the marking "BRUNEI RESTRICTED." The portion of 

the documents containing "BRUNEI RESTRICTED" information also shall be 

identified with the same marking. 

7. "RESTRICTED" information may be transmitted or accessed electronically via a 

public network like the Internet using government or commercial enczyption devices · 

mutually accepted by the Parties. Telephone conversations, video conferencing, or 

facsimile transmissions containing "RESTRICTED" information may be conducted if 

an encryption system is not available and subject to the approval of the releasing 

Party's National Security Authority. 

8. An FSC is not required for a Contractor to undertake contracts that require only the 

receiptor production ofClassified Military Information at the .. 'RESTRICTED" level. 

9. Access to such "RESlRICTED" information shall be granted only to those 

individuals who ·have a Need to Know. A PSC is not required to access 

"RESTRICTED" information.