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 25/30

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