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12999 South Africa - Agreement Concerning Security Measures for the Protection of Classified Military Information


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12999

 

 

DEFENSE

Security of Military Information

 

 

 

Agreement Between the
UNITED STATES OF AMERICA
and SOUTH AFRICA

 

Signed at Pretoria November 20, 1998

 

 

 

 


 

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.”

 

SOUTH AFRICA

Defense: Security of Military Information


Agreement signed at Pretoria November 20, 1998;
Entered into force November 20, 1998.

AGREEMENT BETWEEN
THE GOVERNMENT OF THE
UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE
REPUBLIC OF SOUTH AFRICA
CONCERNING
SECURITY MEASURES
FOR THE PROTECTION OF
CLASSIFIED MILITARY INFORMATION
2
PREAMBLE
The Government of the United States of America and the Government of
the Republic of South Africa, hereinafter referred to as the "Parties" and
separately as a "Party";
In furtherance of mutual co-operation 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 Department of Defence of the Republic of South Africa,
or that is under their jurisdiction or control, and which requires protection in the
interests of national security of the Parties. For the Government of the United
States of America, classified military information is marked CONFIDENTIAL
SECRET or TOP SECRET. For the Government of the Republic of South Africa,
classified military information is marked RESTRICTED, CONFIDENTIAL
SECRET, or TOP SECRET.
The information may be in oral, visual, magnetic or documentary form, or
in the form of equipment or technology.
3
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 the Republic of South Africa, the implementing agency shall be the
Department of Defence.
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 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
judgement in the handling of classified military information.
4
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 shall 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.
Authorizations to visit the facilities and establishments shall be granted only by the
Parties or government officials designated by the Parties. The Parties or their
designees 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 Defense Attaché Office in Pretoria in the
case of United States visitors, and the South African Defence Attaché Office in
Washington, D.C., in the case of South African visitors.
ARTICLE 10
Each Party shall be responsible for safeguarding of all classified military
information of the other Party while it 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 qualified individuals are appointed for each such facility
or establishment who shall have the responsibility and authority for the control and
protection of the information.
5
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
information shall be transmitted in double, sealed envelopes, the innermost
envelope bearing only the classification of the documents or other media and the
organisational address of the intended recipient, the outer envelope bearing the
organizational address of the recipient, the organisational 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
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 the 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
vehides, or be securely packaged or protected in order to prevent identification of
its details, and kept under continuous control to prevent access by unauthorized
individuals.
(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 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.
6
(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 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.
7
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.
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.
8
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.
ARTICLE 23
A. This Agreement shall enter into force on the date of 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 the 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 ......Pretoria on this 20th day of
November 1998
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA REPUBLIC OF SOUTH AFRICA



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