A classified procurement is a procurement where the supplier of the good or service may
gain access to or produces classified information, see section 5-3, or may gain access to a
critical national object or infrastructure, see section 7-1.
Section 9-2.Security agreements with suppliers
A classified procurement may only be implemented if the undertaking's agreement with
the supplier includes a security agreement. If a foreign supplier or its personnel have to be
cleared or granted access to classified information, the National Security Authority shall
approve the supplier before the agreement is entered into.
The security agreement shall clarify and specify the parties' duties and responsibilities
pursuant to the act. The security agreement shall always specify the security classification
level of the procurement, see sections 5-3 and 7-2, specified for each part of the
assignment, and how the supplier is to comply with the requirements of the act which
apply to the procurement.
Unless otherwise provided in the security agreement, the supplier must cover the cost of
compliance with requirements which follow from the provisions of the act.
The King may issue regulations on the content of a security agreement and on exceptions
to the requirement for a security agreement.
Section 9-3.Facility security clearance
Before a supplier may be granted access to information with a classification of
CONFIDENTIAL or higher, the supplier must hold valid clearance for the specified
security classification level. The supplier shall also be cleared if necessary for other
reasons.
A facility security clearance shall only be issued if there are no reasonable grounds for
doubting that the supplier is suitable for security clearance. In the assessment, emphasis
shall only be given to circumstances which may affect the supplier's ability and
willingness to perform protective security work pursuant to the act. The assessment basis
shall include vetting of persons who are members of the supplier's board and
management.
The supplier shall provide the clearance authority with all information which may be
relevant to the facility security clearance.
The supplier shall notify the clearance authority as soon as possible of changes to its
board or management, changes to its ownership structure, the relocation of offices and
equipment, the commencement of debt settlement proceedings, any bankruptcy petition
and other circumstances which may affect the assessment as to whether the supplier is
suitable for security clearance. If a security risk arises which cannot be eliminated
through protective security measures, the clearance authority may rescind the facility
security clearance. Classified information or critical national objects or infrastructure may
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