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AGREEMENT BETWEEN THE PARTIES TO THE NORTH ATLANTIC TREATY FOR CO-OPERATION REGARDING ATOMIC INFORMATION

Preamble

The Parties to the North Atlantic Treaty, signed at Washington on 4th April, 1949,

Recognizing that their mutual security and defense requires that they be prepared to meet the contingencies of atomic warfare, and

Recognizing that their common interest will be advanced by making available to the North Atlantic Treaty Organization and its member states information pertinent thereto, and

Taking into consideration the United States Atomic Energy Act of 1954, as amended, which was prepared with these purposes in mind,

Acting on their own behalf and on behalf of the North Atlantic Treaty Organization,

Agree as follows:

Article I

In accordance with and subject to the requirements of the United States Atomic Energy Act of 1954, as amended, the Government of the United States of America will, while the North Atlantic Treaty Organization continues to make substantial and material contributions to the mutual defense and security, co-operate by communicating, from time to time, to the North Atlantic Treaty Organization and its member states, while they continue to make such contributions, atomic Information in accordance with the provisions of this Agreement, provided that the Government of the United States of America determines that such co-operation will promote and will not constitute an unreasonable risk to its defense and security.

Article II

Paralleling the undertaking of the Government of the United States of America under this Agreement, the other member states of the North Atlantic Treaty Organization will, to the extent they deem necessary, communicate to the North Atlantic Treaty Organization, including its military and civilian elements, and to member states atomic Information of their own origin of the same types provided for in this Agreement. The terms and conditions governing these Communications by other member states will be the subject of subsequent agreements, but will be the same or similar to the terms and conditions specified in this Agreement.

Article III

The Government of the United States of America will communicate to the North Atlantic Treaty Organization, including its military and civilian elements, and to member states of the North Atlantic Treaty Organization requiring the atomic information in connection with their functions related to NATO missions, such atomic information as is determined by the Government of the United States of America to be necessary to:

(a) the development of defense plans;

(b) the training of personnel in the employment of and defense against atomic weapons and other military applications of atomic energy;

(c) the evaluation of the capabilities of potential enemies in the employment of atomic weapons and other military applications of atomic energy; and

(d) the development of delivery systems compatible with the atomic weapons which they carry.

Article IV

1. Co-operation under this Agreement will be carried out by the Government of the United States of America in accordance with its applicable laws.

2. Under this Agreement there will be no transfer by the Government of the United States of America of atomic weapons, non-nuclear parts of atomic weapons, or non-nuclear parts of atomic weapons systems involving Restricted Data.

3. The atomic information communicated by the Government of the United States of America pursuant to this Agreement shall be used exclusively for the preparation or implementation of NATO defense plans and activities and the development of delivery systems in the common interests of the North Atlantic Treaty Organization.

Article V

1. Atomic information communicated pursuant to this Agreement shall be accorded full security protection under applicable NATO regulations and procedures, agreed security arrangements, and national legislation and regulations. In no case will the North Atlantic Treaty Organization or its member states maintain security standards for the safeguarding of atomic information less restrictive than those set forth in the pertinent NATO security regulations and other agreed security arrangements in effect on the date this Agreement comes into force.

2. The establishment and co-ordination of the security programme in all NATO military and civilian elements will be effected under the authority of the North Atlantic Council in conformity with procedures set forth in agreed security arrangements.

3. Atomic information communicated by the Government of the United States of America pursuant to this Agreement will be made available through channels for communicating atomic information now existing or as may be hereafter agreed.

4. Atomic information communicated or exchanged pursuant to this Agreement shall not be communicated or exchanged by the North Atlantic Treaty Organization or persons under its jurisdiction to any unauthorized persons or, except as provided in paragraph 5 of this article, beyond the jurisdiction of that Organization.

5. Unless otherwise specified by the Government of the United States of America, United States atomic information provided to the North Atlantic Treaty Organization may be communicated by the North Atlantic Treaty Organization to its member states as necessary to carry out functions related to NATO missions, provided that dissemination of such atomic information within such member states is limited to those specific individuals concerned with the NATO missions for which the information is required. Member states agree that atomic information so received from the North Atlantic Treaty Organization or otherwise pursuant to this Agreement will not be transferred to unauthorized persons or beyond the jurisdiction of the recipient member state; however, such information may be communicated to the North Atlantic Treaty Organization or, when authorized by the Government of the United States of America, to other member states requiring the information for functions related to NATO missions.

Article VI

Other provisions of this Agreement notwithstanding, the Government of the United States of America may stipulate the degree to which any of the atomic information made available by it to the North Atlantic Treaty Organization or member states may be disseminated, may specify the categories of persons who may have access to such information, and may impose such other restrictions on the dissemination of information as it deems necessary.

Article VII

1. A Party receiving atomic information under this Agreement shall use it for the purposes specified herein only. Any inventions or discoveries resulting from possession of such information on the part of a recipient Party or persons under its jurisdiction shall be made available to the Government of the United States of America for defense purposes without charge in accordance with such arrangements as may be agreed and shall be safeguarded in accordance with the provisions of Article V of this Agreement.

2. The application or use of any information communicated under this Agreement shall be the responsibility of the Party receiving it; the Party communicating the information does not provide any indemnity or warranty with respect to its application or use.

Article VIII

Nothing in this Agreement shall be considered to supersede or otherwise affect bilateral agreements between Parties to this Agreement providing for co-operation in the exchange of atomic information.

Article IX

For the purposes of this Agreement:

(a) "Atomic weapon" means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device.

(b) "Atomic information" to be provided by the Government of the United States of America under this Agreement means information which is designated "Restricted Data" or "Formerly Restricted Data" by the Government of the United States of America.

Article X

1. This Agreement shall enter into force upon receipt by the Government of the United States of America of notification from all Parties to the North Atlantic Treaty that they are willing to be bound by the terms of the Agreement.

2. The Government of the United States of America will inform all Parties to the North Atlantic Treaty, and will also inform the North Atlantic Treaty Organization, of each notification and of the entry into force of this Agreement.

3. This Agreement shall remain in force until terminated by unanimous agreement or superseded by another agreement, it being understood, however, that termination of this Agreement as a whole shall not release any Party from the requirements of this Agreement to safeguard Information made available pursuant to it.

Article XI

Notwithstanding the provisions of Article VI (4) of the Agreement between the Parties to the North Atlantic Treaty for Cooperation regarding Atomic Information, signed in Paris on 22nd June, 1955, the present Agreement shall upon its entry into force supersede the abovementioned Agreement, it being understood, however, that Information communicated under that Agreement shall be considered for all purposes to have been communicated under the provisions of this Agreement.

Article XII

This Agreement shall bear the date on which it is opened for signature and shall remain open for signature until it has been signed by all the States Parties to the North Atlantic Treaty.

In witness whereof the undersigned Representatives have signed the present Agreement on behalf of their respective States, members of the North Atlantic Treaty Organization, and on behalf of the North Atlantic Treaty Organization.

Done at Paris this 18th day of June 1964, in the English and French languages, both texts being equally authoritative, in a single original which shall be deposited in the archives of the Government of the United States of America. The Government of the United States of America shall transmit certified copies thereof to all the signatory and acceding States.

THE ANNEX TO THE AGREEMENT BETWEEN THE PARTIES TO THE NORTH ATLANTIC TREATY FOR CO-OPERATION REGARDING ATOMIC INFORMATION

The provisions of this Annex implement certain of the provision of the Agreement for Co-operation Regarding Atomic Information done at Paris, on 18th June, 1964, (hereinafter referred to as the Agreement) of which this Annex forms an integral part.

Section I

Subject to the terms and conditions of the Agreement, the types of atomic information which the Government of the United States of America may make available to the North Atlantic Treaty Organization and its member states are:

A. As nay be necessary for mutual defense planning, training, and logistical requirements, information concerning the rubbers, locations, types, yields, arming, saving, command and control, and fusing of those atomic weapons which can be made available for use by or in support of the North Atlantic Treaty Organization.

B. Effects to be expected or resulting from the detonation of atomic weapons.

C. Response of structures, equipment, communications and personnel to the effects of atomic weapons, including damage or casualty- criteria,

D. Methods and procedures for analyses relating to the effects of atomic weapons.

E. Information on the capabilities of potential enemy nations for atomic warfare.

F. Information on atomic weapons and atomic weapons systems required for attainment of delivery capability with specified atomic weapons which can be made available for use by or in support of the North Atlantic Treaty Organization. , including information required for evaluation of atomic weapons systems to determine NATO requirements and strategy.

G. Information regarding delivery systems, including tactics and techniques and duties of maintenance, assembly delivery and launch crews required for attainment of delivery capability with specified atomic weapons.

H. To the extent that they will influence NATO planning, the results to be expected from the strategic air offensive,

I. Information required for attainment of compatibility of specified atomic weapons with specified delivery vehicles.

J. Safety features of specified .atomic weapons and of the operational systems associated with such, weapons and information necessary and appropriate for salvage and recovery operations incident to a weapons accident.

K. Information required in planning for and training of personnel in the employment of and defence against atomic weapons and including information concerning:

1. Military uses of isotopes for medical purposes.

2. Defense against radiological warfare.

L. Information regarding civil defense against atomic attacks.

M. Other information as may be determined by appropriate United States Authorities to be necessary for support of the North Atlantic Treaty Organization and transferable under provisions of the Atomic Energy Act of 1954, as amended, and the Agreement.

Section II

No information on other military applications of atomic energy, military reactors, or naval nuclear propulsion plants, will be communicated under the Agreement.

SECURITY ANNEX TO THE AGREEMENT BETWEEN THE PARTIES TO THE NORTH ATLANTIC TREATY FOR CO-OPERATION REGARDING ATOMIC INFORMATION

This Annex sets forth the security measures which the North Atlantic Treaty Organization and the member states shall apply to safeguard atomic Information made available by the Government for the United States of America to the North Atlantic Treaty Organization and its member states pursuant to the Agreement for Co-operation Regarding Atomic Information done at Paris on 18th June, 1964, (referred to hereinafter as "the Agreement") of which this Annex is an integral part. In the event a member of the North Atlantic Treaty Organization other than the Government of the United States of America makes atomic Information available pursuant, to Article II of the Agreement, such information shall be safeguarded by security measures no less restrictive than those set forth in this Annex.

Section l

General

A. NATO security regulations, no less restrictive than those which are presently set forth in C-M(55)15(Final) and the Confidential Supplement of 1st January, 1961, thereto, as well as the security measures specified in this Annex, shall be applied by NATO military and civilian elements and by member states to atomic information communicated pursuant to the Agreement.

B. The security programme as implemented by all NATO military and civilian elements and by member states receiving atomic information pursuant to the Agreement shall provide fully for carrying out the security requirements laid down in this Annex.

C. The Secretary General, acting in the name of the North Atlantic Council and under its authority, shall be responsible for supervising the application of the NATO security programme for the protection of atomic information under the Agreement. He will ascertain by means of the procedures set forth in Section X of this Annex that all measures required by the NATO Security programme are taken in NATO civil and military elements and national civil and military elements to protect the information exchanged under the Agreement.

D. No individual shall be entitled to access to atomic information solely by virtue of rank, appointment, or security clearance.

E. Access to atomic information made available to the North Atlantic Treaty Organization shall be limited to nationals of member states of the North Atlantic Treaty Organization who have been grated security clearances in accordance with Section II of this Annex and whose responsibilities require access to the information.

F. Access to atomic information made available to a member state pursuant to the Agreement shall be limited to its nationals who have been granted security clearances in accordance with Section II of this Annex and whose duties require access in order that the member state can fulfill its responsibilities and commitments to the North Atlantic Treaty Organization.

Section II

Personnel security

A. No individual shall be granted a security clearance for access to atomic information unless it is determined that such clearance will not endanger the security of the North Atlantic Treaty Organization or the national security of the member states of the North Atlantic Treaty Organization.

B. Prior to affording access to atomic information, the determination of eligibility (decision to grant security clearance) for each individual to be afforded such access shall be made by a responsible authority of the government of the individual concerned.

C. The decision as to whether the granting of a security clearance is clearly consistent with the interests of security shall be a determination based on all available information. Prior to this determination, an investigation shall be conducted by a responsible government authority and the information developed shall be reviewed in the light of the principal types of derogatory information which create a question as to an individual's eligibility for security clearance, as these are set forth in Section III of the Confidential Supplement of 1st January, 1961 to C-M(55)15(Final).

D. The minimum scope and extent of the investigation shall be in accordance with the standards set out in Section II of the Confidential Supplement to C-M(55)15(Final), except that a background investigation shall be required for clearance for access to atomic information classified Secret for individuals other than members of the armed forces or civilian personnel of the military establishments of the member states.

E. Each establishment handling atomic information shall maintain an appropriate record of the clearance of individuals authorized to have access to such information at that establishment. Each clearance shall be reviewed, as the occasion demands, to insure that it conforms with the current standards applicable to the individual's employment and shall be reexamined as a matter of priority when information is received which indicates that continued employment involving access to atomic information may no longer be consistent with the interests of security.

F. Effective liaison shall be maintained in each state between the national agencies responsible for national security and the authority responsible for making clearance determinations to assure prompt notification of information with derogatory implications developed subsequent to the grant of security clearance.

Section III

Physical security

A. Atomic information shall be protected physically against espionage, sabotage, unauthorized access or any other hostile activity. Such protection shall be commensurate with the importance of the security interest involved.

B. Programmes for physical security of atomic information shall be established so as to assure:

1. Proper protection of atomic information on hand for immediate use, in storage or in transit;

2. The establishment of security areas, with controlled access, when deemed necessary by reason of the sensitivity, character, volume and use of the classified atomic information, and the character and location of the building or buildings involved;

3. A system of controlled access which shall embody procedures for a competent authority to authorize access, accurate methods of personnel identification and accountability for identification media; and a means of enforcing limitations on movement within, and access to, security areas.

C. The provisions of paragraph B above will be in addition to the procedures set forth in Section IV of C-M(55)15(Final).

Section IV

Control of atomic information

A. Information control programmes shall be maintained which will have for their basic purposes:

1. Control of access.

2. Ready accountability commensurate with the degree of sensitivity.

3. Destruction when no longer needed.

B. Security classifications applied by the Government of the United States of America to atomic information communicated under the Agreement shall be observed at all times; regarding or declassification may be done only with the approval of the Government of the United States of America.

C. Documents containing United States atomic information communicated under the Agreement shall bear NATO markings and a security classification equivalent to that assigned by the Government of the United States of America, followed by the word ATOMAL. In addition, the following marking shall be entered on the document in the language of the document:

"This document contains United States atomic information (Restricted Data or Formerly Restricted Data) made available pursuant to the NATO Agreement for Co-operation Regarding Atomic Information signed on 18th June, 1964, and will be safeguarded accordingly."

D. Accountability records shall be maintained for all Top Secret and Secret documents, and for all documents on which special limitations have been placed in accordance with Article VI of the Agreement. These records shall show the identity of all recipients of documents on which special limitations have been placed.

E. Reproductions, including extracts and translations, of documents containing United States atomic information bearing the markings specified in paragraph C above may be made under the following rules:

1. Documents classified Secret and Top Secret may be reproduced only with the prior approval of the Government of the United States of America. Such documents shall bear a suitable notation to this effect. In emergencies when prior approval cannot be obtained in time, this rule may be waived, but the Government of the United States of America shall be so informed by the most expeditious means.

2. Documents classified Confidential may be reproduced only as necessary to meet current requirements.

3. Reproductions, including extracts and translations, shall bear all security markings (including the marking described in paragraph C) found on the original document and shall be placed under the accountability controls applied to the original document. Where paragraphs bear separate classifications, the security classification of documents containing extracted atomic information shall bear the classification of the paragraph with the highest classification from which extracts were taken and where appropriate the marking specified in paragraph C. Accountability controls for extracted atomic information shall be as provided in paragraph D of this section. Further, such special limitations as may have been placed on the original document shall apply to documents containing the extracts.

F. Documents prepared to record atomic information received under the Agreement by oral or visual means shall bear the markings specified in paragraph C above and shall be subject to the rules for accountability and control applicable to the level of classification involved.

Section V

Channels of transmission

Communications by the Government of the United States of America of atomic information under the Agreement, including oral and visual communication, shall be through channels now existing or as may be hereafter agreed. To assist the Secretary General in the discharge of his security responsibilities under paragraph C of Section l of the present Annex, the Government of the United States of America shall provide the Secretary General with sufficient information to identify each written communication of atomic information by the Government of the United States of America and each communication authorized by the Government of the United States of America under the Agreement. This information will also be sent to the Standing Group for all Communications made to military elements.

Section VI

Reports

A. Each member state and NATO military and civilian element which receives United States atomic information under the Agreement shall submit by 31ts March of each year, utilizing channels now existing or as may be hereafter agreed, through the Secretary General to the Government of the United States of America a report containing the following:

1. A list of all atomic documents received from the Government of the United States of America during the twelve months ending 31st December of the previous year.

2. A record of the distribution of the documents listed in paragraph 1 above, and

3. A certification that a physical muster has been made of all atomic documents for which the member state or NATO military or civilian element is accountable under the Agreement. The certification shall include a list of all documents unaccounted for, with a statement of the results of the investigation of the loss and the corrective action taken to prevent a recurrence.

B. If United States atomic information communicated under the Agreement is compromised by loss of documents or any other means, an immediate report including all pertinent information concerning the compromise shall be made, utilizing channels now existing or as may be hereafter agreed, to the Secretary General and the Government of the United States of America.

Section VII

Security education

Member states and NATO military and civilian elements receiving information under the Agreement shall maintain an adequate programme to assure that all individuals who are authorized access to atomic information are informed of their responsibilities to safeguard that information. The programme shall include a specific initial indoctrination and orientation, periodic re-emphasis of individual responsibilities and a termination interview stressing the continuing responsibilities for protection of atomic information.

Section VIII

Security of classified contracts

Every classified contract, sub-contract, consultant agreement or other arrangement entered into by Parties to the Agreement, the performance of which involves access to atomic information exchanged under the Agreement, shall contain appropriate provisions imposing obligations on the private parties involved to abide by the security arrangements set forth in this Annex.

Section IX

Continuing review of security system

A. It is recognized that effective and prompt implementation of security policies can be materially advanced through reciprocal visits of security personnel. It is agreed to continue a thorough exchange of views relative to security policies, standards and procedures and to permit United States security working groups to examine and view at first hand the procedures and practices of the agencies of the North Atlantic Treaty Organization and of the agencies of member states responsible for the protection of documents and information communicated under the Agreement, such visits to be undertaken with a view to achieving an understanding of adequacy and reasonable comparability of the respective security systems.

B. The Secretary General, and the Standing Group in the case of visits to military elements, will be informed of those visits and reports setting forth pertinent findings of the United States working groups will be furnished to them following each visit. Ali visits to national elements will be carried out in co-operation with the national security authorities of the states concerned.

Section X

Security inspections

A. Comprehensive security inspection of all NATO military and civilian elements and member nations which have received atomic information under the Agreement shall be made regularly, but not less often than once every twelve months, in accordance with the criteria set forth in Section l, paragraph A of this Annex. These inspections shall be made by the NATO agencies having responsibility for the application of the NATO security programme, using qualified personnel. The Council may, as it considers necessary or desirable, direct special inspections to be made and designate ad hoc inspection teams composed of personnel from NATO civilian and military agencies or other qualified personnel. Visits to military and civilian elements of member states will be coordinated with the appropriate national authorities.

B. All phases of the security programme shall be examined and within thirty days after the completion of the inspection, a written report that shall include a list of any deficiencies found in the application of the security regulations will be sent to the Secretary General.

C. Copies of these inspection reports shall be made available by the Secretary General to the United States pursuant to the Agreement and, consistent with other provisions thereof and as may be appropriate, to the installation inspected, the national security authority concerned, and the military headquarters.

D. Within thirty days after receipt of the inspection report, the appropriate authorities of the NATO or national element inspected shall forward to the Secretary General a report of action taken to correct all deficiencies listed in the inspection report. After reviewing the inspection reports and the reports of corrective action taken, the Secretary General, acting on behalf of the Council, shall, as appropriate, draw the attention of the national authorities, the Standing Group or the civilian element concerned to whatever further action may be required to meet NATO security criteria and the provisions of this Agreement. Copies of the reports of corrective action as well as copies of any comments forthcoming from the Secretary General in accordance with this paragraph shall be distributed in the same manner as provided in paragraph C of this Section for the inspection reports.

E. In the event that a problem regarding corrective action arising from a security inspection remains unresolved after the application of procedures set forth in paragraph D of this Annex, the Secretary General shall bring the matter to the attention of the Council with a recommendation that an ad hoc inspection team be designated to investigate the problem and report to the Council, which will thereupon take appropriate action.

26.05.2005