Agreement between the European Union and the government of the United States of America on the security of classified information
Date: 2007-04-30
Institutions: European Union, United States
Subjects: United States, common foreign and security policy, confidentiality, cooperation agreement (EU), data protection, exchange of information, public safety

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Official Journal of the European Union

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between the European Union and the government of the United States of America on the security
of classified information

AGREEMENT

THE GOVERNMENT OF THE UNITED STATES OF AMERICA, hereafter referred to as ‘the USG’

and

THE EUROPEAN UNION, hereafter referred to as ‘the EU’, hereafter referred to as ‘the Parties’,

CONSIDERING THAT the USG and the EU share the objectives to strengthen their own security in all ways and to
provide their citizens with a high level of safety within an area of security,

CONSIDERING THAT the USG and the EU agree that consultations and co-operation should be developed between them
on questions of common interest relating to security,

CONSIDERING THAT, in this context, a permanent need therefore exists to exchange classified information between the
USG and the EU,

RECOGNISING THAT full and effective consultation and co-operation may require access to USG and EU classified
information, as well as the exchange of classified information between the USG and the EU,

CONSCIOUS THAT such access to and exchange of classified information requires appropriate security measures,

HAVE AGREED AS FOLLOWS:

Article 1

Scope

This Agreement

1.
provided or exchanged between the Parties.

shall apply to classified information

Each Party shall protect classified information received
2.
in particular against unauthorised
from the other Party,
disclosure,
in accordance with the terms set forth herein and
in accordance with the Parties’ respective laws and regulations.

(i) the unauthorised disclosure of which could cause varying
degrees of damage or harm to the interests of the USG, or of
the EU or one or more of its Member States; (ii) which requires
protection against unauthorised disclosure in the security
interests of
the EU; and (iii) which bears a
security classification assigned by the USG or the EU. The
information may be in oral, visual, electronic, magnetic or
documentary form, or
including
equipment or technology.

in the form of material,

the USG or

Article 2

Definitions

Article 3

Security classifications

1.

Classified information shall be marked as follows:

For the purpose of this Agreement ‘the EU’ shall mean the
1.
Council of the European Union (hereafter referred to as ‘the
Council’),
the Secretary-General/High Representative and the
General Secretariat of the Council, and the Commission of the
European Communities (hereafter referred to as ‘the European
Commission’).

(a) For the USG, classified information shall be marked TOP

SECRET, SECRET or CONFIDENTIAL.

For the purpose of this Agreement ‘classified information’
2.
shall mean information and material subject to this Agreement

(b) For the EU, classified information shall be marked TRES
SECRET UE/EU TOP SECRET, SECRET UE, CONFIDENTIEL
UE or RESTREINT UE.

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2.

The corresponding security classifications are:

In the European Union

In the United States of America

TRES SECRET UE/EU TOP SECRET

TOP SECRET

SECRET UE

SECRET

CONFIDENTIEL UE

CONFIDENTIAL

RESTREINT UE

(No US equivalent)

3.
Classified information provided by one Party to the other
shall be stamped, marked or designated with the name of the
releasing Party. Classified information provided by one Party
shall be protected by the recipient Party in a manner at least
equivalent to that afforded to it by the releasing Party.

Article 4

Protection of classified information

1.
Each Party shall have a security system and security
measures in place based on the basic principles and minimum
standards of security laid down in its respective laws and regu-
lations, in order to ensure that an equivalent level of protection
is applied to classified information. On request, each Party shall
provide the other Party with information about
its security
standards, procedures and practices, including training, for safe-
guarding classified information.

The recipient Party shall afford classified information
2.
received from the releasing Party a degree of protection at
least equivalent to that afforded it by the releasing Party.

The recipient Party shall not use or permit the use of
3.
classified information for any other purpose than that
for
which it was provided without the prior written approval of
the releasing Party.

The recipient Party shall not further release or disclose
the prior written approval of

4.
classified information without
the releasing Party.

The recipient Party shall comply with any limitations on
5.
the further release of classified information as may be specified
by the releasing Party when it discloses it.

No individual shall be entitled to have access to classified
7.
information received from the other Party solely by virtue of
rank, appointment, or security clearance. Access to classified
information shall be granted only to those individuals whose
official duties require such access and who, where needed, have
been granted the requisite personnel
security clearance in
accordance with the prescribed standards of the Parties.

8.
The recipient Party shall ensure that all individuals having
access to classified information are informed of their responsi-
bilities to protect the information in accordance with applicable
laws and regulations.

Article 5

Personnel security clearances

1.
The Parties shall ensure that all persons who in the
conduct of their official duties require access, or whose duties
or functions may afford access, to information classified CONFI-
DENTIEL UE or CONFIDENTIAL or
above provided or
exchanged under this Agreement are appropriately security-
cleared before they are granted access to such information.

2.
The determination by a Party on the granting of a
personnel security clearance to an individual shall be consistent
with that Party’s security interests and shall be based upon all
is of
available information indicating whether the individual
unquestionable loyalty, integrity, and trustworthiness.

Each Party’s security clearances shall be based on an
3.
appropriate investigation conducted in sufficient detail
to
provide assurance that the criteria referred to in paragraph 2
have been met with respect to any individual to be granted
access
the parent
government National Security Authority (NSA) of the individual
concerned
for
conducting the necessary security investigations on its nationals.

to classified information. For

responsible

competent

authority

the EU,

the

is

Article 6

Transfer of custody

6.
The recipient Party shall ensure that the rights of the
originator of classified information provided or exchanged
under this Agreement, as well as intellectual property rights
such as patents, copyrights or trade secrets, are adequately
protected.

The releasing Party shall ensure that all classified information is
adequately protected until custody of the information is trans-
ferred to the recipient Party. The recipient Party shall ensure
that all classified information of the other Party is adequately
protected as soon as it has custody of the information released
to it.

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Article 7

Security of

facilities and establishments of
where classified information is kept

the Parties

In accordance with applicable laws and regulations, each Party
shall ensure the security of facilities and establishments where
classified information released to it by the other Party is kept,
and shall ensure for each such facility or establishment that all
necessary measures are taken to control and protect the infor-
mation.

Article 8

Release of classified information to contractors

1.
Classified information received from the other Party may
be provided to a contractor or prospective contractor with the
prior written consent of the releasing Party. Prior to the release
or disclosure to a contractor or prospective contractor of any
classified information received from the other Party,
the
recipient Party shall ensure that such contractor or prospective
contractor, and the contractor’s facility, have the capability to
protect the information and have an appropriate clearance.

2.
This Article shall not apply to personnel engaged by the
European Union under a contract of employment or by the
United States under a personal services contract.

The electronic transmission of classified information up to
2.
the level CONFIDENTIAL/CONFIDENTIEL UE between the USG
and the EU and between the EU and the USG shall be encrypted
in accordance with the releasing Party’s requirements as outlined
in its security policies and regulations. The releasing Party’s
requirements shall be met when transmitting,
storing and
processing classified information in internal networks of the
Parties.

for operational

that Party may,

3.
Exceptionally, classified information from one Party which
is accessible to only specific competent officials, organs or
services of
reasons, be
addressed and be accessible to only specific officials, organs
or services of the other Party specifically designated as reci-
pients, taking into account their competences and according
to the need-to-know principle. As far as the EU is concerned,
such information shall be transmitted through the Chief
Registry Officer of the Council, or the Chief Registry Officer
of the European Commission Security Directorate when such
information is addressed to the European Commission.

Article 10

Visits to facilities and establishments of the Parties

the Parties shall confirm personnel security
When required,
clearances through mutually agreed channels for visits by repre-
sentatives of one Party to facilities and establishments of the
other Party.

Article 9

Transmission

Article 11

Reciprocal security visits

Classified information shall be transmitted between the

1.
Parties through mutually agreed channels.

For the purposes of this Agreement:

(a) As regards the EU, all classified information in written form
shall be sent to the Chief Registry Officer of the Council of
the European Union. All
such information shall be
forwarded by the Chief Registry Officer of the Council to
the Member States and to the European Commission,
subject to paragraph 3;

(b) As regards the USG, all classified information in written
form shall be sent, unless otherwise provided for, via the
Mission of the United States of America to the European
Union, at the following address:

Mission of the United States of America to the European
Union
Registry Officer
Rue Zinner 13
B-1000 Brussels

Implementation of the security requirements set out in this
Agreement may be verified through reciprocal visits by
security personnel of the Parties with a view to evaluating the
effectiveness of measures taken under this Agreement and the
technical security arrangement to be established pursuant to
Article 13 to protect
classified information provided or
exchanged between the Parties. Accordingly, security represen-
tatives of each Party, after prior consultation, may be permitted
to visit the other Party and to discuss and observe the imple-
menting procedures of the other Party. The host Party shall
assist
in determining
whether classified information received from the visiting Party
is being protected adequately.

the visiting security representatives

Article 12

Oversight

1.
For the USG, the Secretaries of State and Defense and the
Director of National Intelligence shall oversee the implemen-
tation of this Agreement.

2.
For the EU, the Secretary-General of the Council and the
Member of the Commission responsible for security matters
shall oversee the implementation of this Agreement.

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Article 13

Technical security arrangement

Article 15

Loss or compromise

1.
In order to implement this Agreement, a technical security
arrangement shall be established among the three authorities
designated in paragraphs 2 to 4 in order to lay down the
standards for the reciprocal security protection of classified
information provided or exchanged between the Parties under
this Agreement.

The releasing Party shall be informed upon discovery of any
proven or suspected loss or compromise of its classified infor-
mation, 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. The authorities
referred to in Article 13 may establish procedures to that effect.

2.
The U.S. Department of State, acting in the name of the
USG and under its authority, shall be responsible for developing
the technical security arrangement mentioned in paragraph 1
for the protection and safeguarding of classified information
provided to or exchanged with the USG under this Agreement.

Article 16

Dispute settlement

Any differences between the Parties arising under or relating to
this Agreement shall be settled solely through consultations
between the Parties.

The Security Office of

the General Secretariat of

3.
the
Council, under the direction and on behalf of the Secretary-
General of the Council, acting in the name of the Council
and under its authority, shall be responsible for developing
the technical security arrangement mentioned in paragraph 1
for the protection and safeguarding of classified information
provided to or exchanged with the Council or the General
Secretariat of the Council under this Agreement.

Article 17

Costs

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

Article 18

Ability to protect

the Member of

the authority of

The European Commission Security Directorate, acting
4.
the Commission
under
responsible for
shall be responsible for
developing the technical security arrangement mentioned in
the protection of classified information
paragraph 1 for
this Agreement with the
provided or
European Commission.

exchanged under

security matters,

the

Prior to the provision or exchange of classified information
between the Parties,
authorities
referred to in Article 12 must agree that the recipient Party is
able to protect and safeguard the information subject to this
in a way consistent with the technical security
Agreement
arrangement to be established pursuant to Article 13.

responsible

security

For the EU, the arrangement shall be subject to approval

5.
by the Council Security Committee.

Article 14

Downgrading and declassification

The Parties agree that classified information should be
1.
downgraded in classification as soon as information ceases to
require that higher degree of protection or should be declas-
sified as soon as the information no longer requires protection
against unauthorised disclosure.

The releasing Party has complete discretion concerning
2.
its own classified infor-
downgrading or declassification of
mation. The recipient Party shall not downgrade the security
classification or declassify classified information received from
the other Party, notwithstanding any apparent declassification
instructions on the document, without the prior written consent
of the releasing Party.

Article 19

Other agreements

Nothing in this Agreement shall alter existing agreements or
arrangements between the Parties, nor agreements between
the European Union. This
the USG and Member States of
Agreement shall not preclude the Parties from concluding
other Agreements relating to the provision or exchange of clas-
sified information subject to this Agreement provided they are
not incompatible with the obligations under this Agreement.

Article 20

Entry into force, amendment and denunciation

This Agreement shall enter into force on the date of the

1.
last signature by the Parties.

Each Party shall notify the other Party of any changes in
2.
its laws and regulations that could affect
the protection of
classified information referred to in this Agreement. In such
cases, the Parties shall consult with a view to amending this
Agreement as necessary in accordance with paragraph 3.

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3.

Amendments to the present Agreement shall be made by mutual written agreement of the Parties.

4.
Either Party may denounce this Agreement by notifying the other Party, in writing, ninety days in
advance of its intention to denounce the Agreement. Notwithstanding the denunciation of this Agreement,
all classified information provided pursuant to this Agreement shall continue to be protected in accordance
with this Agreement. The Parties shall consult immediately on the disposition of such classified information.

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Authorities, have
signed this Agreement.

Done at Washington this thirtieth day of April 2007 in two copies, each in the English language.

For the European Union

For the Government of the United States of
America