not be transferred to a new owner or be included in the administration of the estate in
connection with debt settlement proceedings or bankruptcy unless the clearance authority
has consented to this.
The provisions of Chapter 8 otherwise apply insofar as they are relevant.
The King will appoint a clearance authority for facility security clearance. The King may
issue regulations on requirements related to facility security clearance and the duration of
the clearance.
Section 9-4.Duty to give notice and authority to make decisions in
connection with procurements for use in critical national information
systems, objects and infrastructure
In the context of procurements for use in a critical national information system, object or
infrastructure, the undertaking shall assess whether the procurement may present a not
insignificant risk that the information system, object or infrastructure may be affected by
or be used in activities which present a threat to security. The duty to conduct such an
assessment does not apply if it is obvious that the procurement does not present any such
risk.
The undertaking shall notify the ministry if the assessment shows that the procurement
presents a risk as specified in the first paragraph. Undertakings which are not subject to
any ministry shall notify the National Security Authority. The duty to give notice applies
irrespective of any duty of secrecy. The duty does not apply if the undertaking itself
implements measures which eliminate the risk or render it insignificant.
The ministry which is notified pursuant to the second paragraph may ask relevant bodies
to comment on the risk associated with the procurement and the supplier's reliability in
security terms.
If a procurement for use in a critical national information system, object or infrastructure
may present a not insignificant risk as specified in the first paragraph, the King in Council
may decide that the procurement shall not be implemented, or that it shall be subject to
conditions. This applies even if an agreement has been entered into in relation to the
procurement. If no decision is made pursuant to the first sentence, the ministry shall
notify the undertaking accordingly. A decision pursuant to the first sentence constitutes a
special ground for enforcement pursuant to Chapter 13 of the Enforcement Act.
The King in Council may issue regulations on the duty to give notice and on authority to
make decisions.
Chapter 10. Restrictions on ownership
Section 10-1.Duty to notify in connection with acquisition of an
undertaking
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