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MINISTRY OF DEFENCE

DECEMBER 11TH, 1998

Law relating to classification and to authorizations of security (1)

ALBERT II, King of Belgians,

In all, gifts and to come, Greeting.

Chambers adopted(accepted) and We punish what follows:

CHAPTER Ier. - General Dispositions (Arrangements)

1st article. The present law regulates a purposeful material in the article 78 of Constitution.

CHAPTER II. - Of classification

Art. 2. By classification, they hear(understand) the attribution of a degree of protection by either by virtue of law or by or by virtue of treaties or conventions linking Belgium.

Art. 3. Be able to make the object of a classification: information, documents or data, equipment, materials or subjects, whatever form it is, dissociable use of which can undermine one of the following interests:

a) the defence(prohibition) of the integrity of the national territory and the plans of military defence(prohibition);

b) the accomplishment of the missions of armed forces;

c) the internal safety of the State, including in the field of nuclear power, and the permanence of democratic and constitutional order;

d) the outside safety of the State and the international relations of Belgium;

e) the scientific and economic potential of the country;

f) quite other fundamental(basic) interest of the State;

g) the security of the Belgian nationals abroad;

h) the functioning of the decision-making organs of the State.

Art. 4. The purposeful classification in the article 3 consists of three degrees: Top SECRET, SECRET, CONFIDENTIAL.

The Top SECRET degree is allocated(awarded) when dissociable use can Top  gravely undermine one of the purposeful interests in the article 3.

The SECRET degree is allocated(awarded) when dissociable use can gravely undermine one of the purposeful interests in the article 3.

The CONFIDENTIAL degree is allocated(awarded) when dissociable use can undermine one of the purposeful interests in the article 3.

Aforementioned use notably consists of the catch(capture) of knowledge, imprisonment, conservation, use, the treatment, communication, broadcasting, reproduction, transmission or the transport.

Art. 5. The degree of classification is determined according to contents.

For the group(complex) to be classified, he can be given only the single general degree of classification. The classification of group(complex) will have at least the same degree as the most well brought up degree of classification of elements. Group(complex) can, if need be, accept(receive) a degree of classification general superior that of each of the parties(parts) which compose(make up) it.

Authority or person, indicated in accordance with the article 7, who decides on classification, decides on her review or on her abolition.

Art. 6. Information, documents or data, equipment, materials or subjects classified, whatever form it is, in accordance with treaties or in conventions international which link Belgium keeps the classification which was allocated(awarded) to them.

The King determines reports between the degrees of classification aimed at the article 4 and those who follow from international treaties or from conventions which link Belgium.

Art. 7. The King determines the modalities of classification, declassification and protection of information, documents, data, equipment, materials and subjects, as well as authorities and persons who can allocate(award) a degree of classification.

Art. 8. No one is allowed to have access to information, documents or data, to equipment, to materials or subjects classified if it is not tenured of an authorization of corresponding security and if he(it) does not need to know it and to have access as the exercise of his(its) function(office) or his(its) mission, without prejudice to clean competences of judicial authorities there.

The access to places, buildings or sites where is information, documents, data, equipments, classified materials and subjects can be subjected to the same conditions by authorities indicated by the King.

Art. 9. The level of the authorization of security is determined by the degree of classification of information, documents or data, of the equipment, of materials or subjects in which the holder of authorization can have to have access as the exercise of his function(office) or his mission.

Art. 10. Information, documents or data, equipment, materials or subjects classified can be used(employed), in the sense of the article 4, only for the approval of the author of classification or his(its) hierarchic superior, or in cases determined by law, without prejudice to clean competences of judicial authorities.

Art. 11. The holder of an authorization of security which, in the exercise of its functions(offices), uses(employs) or lets use(employ) in the sense of the article 4 of information, documents or data, of the equipment, materials or subjects classified, in a dissociable way will be, even if this use is the consequence of a negligence, as far as this one is serious, is punished for an imprisonment of month in five years and for a penalty from hundred francs to five frank thousand or for one of these troubles only.

CHAPTER III. - Authorizations of security

Section 1re. - General Dispositions(Arrangements)

Art. 12. The present law is applied when, in interest of the defence(prohibition) of the integrity of the national territory, military plans of defence(prohibition), the accomplishment of the missions of armed forces, internal safety of the State, including in the field of the nuclear power, and permanence of democratic and constitutional order, outside safety of the State and international relations, the scientific or economic potential of the country either quite other fundamental(basic) interest of the State, the security of the Belgian nationals abroad, or the functioning of the decision-making organs of the State, or in accordance with treaties linking Belgium, competent authority to regulate the access to a job(use), a function(office) or a rank, in information, documents or data, in equipments, materials or subjects classified, in places, of buildings or of sites or to organize signing and execution of a contract or a public works contract, impose the possession of an authorization of security.

In cases determined by the King, the present law also applies to authorizations of security asked by artificial or physical persons who like to acquire an authorization of security with a view to achieving information, documents or data, equipments, materials or subjects abroad classified, in places, of buildings or of sites, access of which is reserved for the holder of an authorization of security.

Art. 13. In the present law, they hear(understand) by:

1 ° « officer of security »;

a) the tenured civil servant of an authorization of security, who, in a public administration, an organism of public interest or an autonomous government-owned firm manipulating classified documents or the equipment, is indicated, by the minister among which this administration, this organism or this firm is recovering, to look after the observation of safety regulations;

b) the member of the tenured personnel of an authorization of security, within a tenured artificial person of an authorization of security, indicated by the direction of the artificial person to look after the observation of safety regulations;

2 ° « authorization of security », the official certificate established on the basis of information gathered by a service of information and security, according to which, to achieve data in which a certain degree of confidentiality was allocated(awarded):

- a natural person introduces(presents) integrity of sufficient guarantees, as for discretion, fidelity and;

- an artificial person introduces(presents) sufficient guarantees, as for the medium equipments and technical and as for methods used(employed) to protect these data and as for discretion, fidelity and integrity of her organs and officials likely to have access to these data;

3 ° « inquiry of security », the inquiry performed by a service of information and security and aiming at establishing that all conditions necessary for the deliverance of the authorization of security are united, by taking into account level and object of authorization;

4 ° « service of information and security », the Safety of the State and the general Service of information and security of Armed forces.

Art. 14. As part of the application of the present law, data with personal character can be treated to those, including aimed at articles 6 and 8 of the law of December 8th, 1992 relating to the protection of private life regarding data processing with personal character.

Art. 15. The King indicates one or several competent collegiate authorities to issue(free) or withdraw authorizations of security. This or these authorities are below called « the authority of security ».

Contrary to the 1st indent(paragraph), following authorities can be authorized by the King to exercise competences allocated(awarded) by the present law in the authority of security:

1 ° the general manager of the Safety of the State or, in case of obstacle, the additional general manager, for the members of the personnel of this service and the candidates for a job(use) in this service;

2 ° the leader of the general Service of information and security of Armed forces, or the upper officer whom it delegates, for the persons who are recovering from the minister de la Défense nationale and for the candidates for a job(use) within the Ministry of Defence.

Section 2. - Of the warning and agreement

Art. 16. § 1st. The person who must acquire an authorization of security is informed about level and about object of authorization, as well as types of data which will be able to be examined or proved during the inquiry of security, of modalities of this one and the length of validity of the authorization of security.

His(Her,Its) agreement is requested to be able to undertake the inquiry of security necessary for the deliverance of authorization. This agreement is also worth for any inquiry of subsequent security aiming at proving if conditions requested for the initial level of authorization are always united. The person concerned is however informed always beforehand of every inquiry of security, in accordance with § 1st, 1st indent(paragraph).

This agreement can any time be withdrawn by the concerned person who does not any more agree to make the object of an inquiry of security or to detain an authorization of security.

If authorization is requested for the access to a job(use), a function(office) or a rank, a definite(explicit) refusal of the candidate or, if need be, absence agreed within fourteen days according to the day of the reception of the document informing it of the inquiry, automatically puts an end to the procedure of conscription, commitment, nomination or promotion.

§ 2. Envisaged agreement in § 1ern' is demanded when the authorization of security is requested for the exercise of a function(office) for which the person concerned can - owing to his status - to be indicated without his consent. The person concerned is however informed always beforehand of the inquiry of security, in accordance with § 1st, 1st indent(paragraph).

Before his conscription or his commitment in a job(use) subjected to such status, the candidate owes, as long as he is subjected to this status and if he must be indicated in a function(office) requesting an authorization of security, agree that inquiries of security are performed, in accordance with the previous indent(paragraph).

§ 3. The purposeful warning in § 1st, indent(paragraph) 2, is not requested when an inquiry of subsequent security proves to be necessary to prove information on serious facts pointing out that the commissioner person does not meet any more conditions requested for the level of granted authorization.

In that case, the authority of security is informed without delay.

§ 4. The persons, eighteen-year-old fulfilled, living together with the person for whom authorization is requested, are also informed, when according to the level of authorization, they have to make the object of an inquiry of individual security.

Art. 17. The warning envisaged in the article 16 plays made by delivery(remission) to the person concerned, by officer security and against acknowledgement of receipt, of a document the model of which is fixed by the King as well as of a basic questionnaire. The document is kept by the person concerned and the duly supplemented basic questionnaire is delayed(given) to the officer of security against acknowledgement of receipt.

Agreement or collection of agreement envisaged in the article 16 play made by delivery(remission) to the officer security, by person concerned and against acknowledgement of receipt, of a document the model of which is fixed by the King.

The purposeful acknowledgement of receipt in the 1st indent(paragraph), the purposeful document in the indent(paragraph) 2 and the basic questionnaire are transmitted by the officer of security in the authority of security.

Section 3. - of the inquiry of security

Art. 18. The inquiry of security am performed by a service of information and security.

When the person for whom the authorization of security is requested domiciles, passes in transit or stays abroad or passed in transit there, stayed or domiciled, this service can solicit the collaboration of the competent services of the country guest.

The agents of the outside Services of the Safety of the State and the members of the general Service of information and security made responsible for performing the inquiries of security are respectively indicated by the minister de la Justice, at the instigation of the general manager of the Safety of the State, and by the minister de la Défense nationale, at the instigation of leader of the general Service of information and security of Armed forces.

They accept(receive) a card(map) of legitimization, during their designation, the model of which is fixed by the competent Minister. This card(map) can be used(employed) only as part of the inquiries of security and must immediately be restored to the authority which issued(freed) it when the purposeful designation in the indent(paragraph) 3 came to an end.

The largeness of the inquiry of security varies according to the level of the authorization of requested security and is determined, for every level, by the ministerial Committee of information and security. She cannot anyway require powers of investigation others than those envisaged by the present law, particularly in the article 19.

The decision of the ministerial Committee of information and security is only announced the agents and members of intelligence services and security, in the authority of security, as well as the permanent Committee R.

Art. 19. As part of the inquiries of security and only at this end(purpose), the agents and the purposeful members in the article 18, indent(paragraph) 3 can, besides competences that they hold articles 13 - 18 of the law of organic November 30th, 1998 of intelligence services and security, and respecting the article 12 of the same law, to undertake any investigation and to gather all information necessary for the inquiry.

At this end(purpose), they can, on production of their card(map) of legitimization:

1 ° to achieve without expenses, and whatever is their level, in the central police record held in the Ministry of Justice, in police records and in the registers of the population and the foreigners held by villages, in the national register, in the register of wait(expectations) of the foreigners, as well as in the police data which are approachable to the civil servants of police during the execution of identity checks;

2 ° on production of the purposeful document in the article 17 certifying agreement or, if need be, the warning of the concerned person, to ask for any useful information in possession of the services of general police;

3 ° on production of the purposeful document in the point 2 °, to request utility, the list of which is stopped by the King, the communication of any useful information which these services have relating to identity(similarity) or to financial creditworthiness of the concerned person. These services put at their disposal photocopies, without expenses, extracts, or certified copies of documents, rooms, registers, pounds(books), magnetic tapes or computer discs.

They are required to display their card(map) of legitimization to quite other person from whom they solicit competition as part of the inquiries of security. If it applies for it, they are also required to display the purposeful document in the article 17, certifying the agreement of the person which makes the object of the inquiry, or, when this agreement is not requested, the warning.

When the inquiry of security has as purpose the conferment of an authorization of security to a national of a foreign State by the competent authorities of this State as part of agreements of mutual assistance linking Belgium, these agents and members are required to display a document emanating from the authority of security certifying the request of collaboration of the foreign State.

Art. 20. The agents and purposeful members in the article 18, indent(paragraph) 3, have to take necessary internal measures to guarantee the confidential character of facts, acts or information with which they acquainted as part of the inquiries of security.

Art. 21. Except case where the authorization of security is requested in their respect, the persons of less than 18 years old cannot make the object of a request of security.

Section 4. - of conferment and collection of the authorization of security

Art. 22. At the end of the inquiry of security, the authority of security gives a ruling by motivated decision, in the prescribed deadline by the King, on the conferment of the authorization of requested security, on the basis of the report of inquiry which is subjected to him(her) by the service of information and security which undertook it.

If she considers it useful on examination of the report of inquiry, the authority of security requests of this service to announce him(her) a copy of the file of inquiry in its entirety. She can also request of this service the communication of any supplementary information which she considers useful on examination of the report of inquiry.

Decision is notified to the intervention of the officer of security to the person, physical or moral, for whom authorization is requested, in the prescribed deadline by the King.

The authority of security can withdraw an authorization of security on foundation of information which are introduced(presented) to him(her) by the services of information and security or in purposeful case in the article 16, § 1st, indent(paragraph) 3.

The notification of a refusal of conferment or a collection of the authorization of security takes back(resumes) motives justifying this decision, except for any information communication of which would be likely to undermine the defence(prohibition) of the integrity of the national territory, the military plans of defence(prohibition), the accomplishment of the missions of armed forces, the internal safety of the State, including in the field of nuclear power, the permanence of democratic and constitutional order, the outside safety of the State and international relations, the scientific or economic potential of the country either quite other fundamental(basic) interest of the State, in the security of the Belgian nationals abroad, in the functioning of the decision-making organs of the State, in the protection of sources or in the protection of the private life of third.

The authority of security must take necessary internal measures to guarantee the confidential character of the reports of inquiry and, if need be, files of inquiry.

CHAPTER IV. - Of secret and various and final dispositions(arrangements)

Art. 23. The members of the authority of purposeful security in the article 15, the personnel appointed to the execution of its mission and the officers of security are agents of the secrets which are entrusted to them owing to the competition which they bring in the application of the present law.

The obligation of secret remains(subsists) even when they ceased bringing this competition.

Art. 24. Without prejudice to the article 458 of Penal code, am punished for an imprisonment of weeks in one year and for a penalty from hundred francs to four frank thousand or for one of these troubles only, every purposeful person in the article 23 which will have revealed secrets in violation of this article.

Art. 25. Except when reasons for which they were gathered are always of actuality and that their conservation remains since then imperative, data with personal character collected or accepted(received) as part of the present law are destroyed as soon as the concerned person is not any more likely to make the object of an inquiry of security.

Except when reasons for which they were gathered are always of actuality and that their conservation remains since then imperative, data gathered on the occasion of the inquiries of security aimed at the article 12, indent(paragraph) 2, are destroyed at the expiration of a delay of two years, as from the date of the expiration of the validity of the authorization of security.

Art. 26. § 1st. The law of April 11th, 1994 relating to the advertising of the administration does not apply to information, documents or data, in the equipment, in materials or subjects, whatever form it is, which are classified in accordance with the dispositions(arrangements) of the present law.

§ 2. In the article 3, § 3, 1st indent(paragraph), of the law of December 8th, 1992 relating to the protection of private life regarding data processing with personal character, words « and the general service of information and security of the Ministry of Defence » are replaced with words « , the general service of information and security of the Ministry of Defence, the permanent Committee of control of intelligence services, the service of Inquiries of this committee, the organ of appeal(recourse) in authorizations of security, created by the law of December 11th, 1998 carrying creation of an organ of appeal(recourse) in authorizations of security and the authority of purposeful security in the article 15 of the law of December 11th, 1998 relating to classification and to authorizations of security. »

Art. 27. The article 16, § 2, indent(paragraph) 2 does not apply to the persons recruited or hired(initiated) before the date of entrance(admission) in force of this disposition(arrangement).

Art. 28. The royal orders of execution of the present law are taken after opinion of the ministerial Committee of information and security.

Art. 29. The King determines the date of entrance(admission) in force of the dispositions(arrangements) of the present law.

Let us issue the present law, order that she(it) is dressed(assumed) in the stamp of the State and published by Belgian Monitor.

Given to Brussels, December 11th, 1998.

ALBERT

By the King:

The Deputy prime minister,

Defence Minister, loaded with Energy,

J.-P. PONCELET

The minister de la Justice,

T. HORSEBOX PARYS

Sealed by the stamp of the State:

The minister de la Justice,

T. HORSEBOX PARYS

_______

Notes

(1) Session 1996-1997.

House of Representatives.

Parliamentary documents. - bill, nos1193 / 1 and 1193/11. Amendments, nos1193 / 2 and 1193/8. - report, n ° 1193/9.

Parliamentary annals. - debate. Session of June 2nd, 1998. - adoption. Session of June 3rd, 1998.

(1) Session 1997-1998.

Senate.

Parliamentary documents. - bill transmitted by the House of Representatives, nos1011 / 1 and 1011/8. - report, n ° 1011/4. - amendments, nos1011 / 2, 1011/3 and 1011/6.

Published (*top) debut: 1999-05-07