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KOR

Press Releases

How the ROK-Japan Agreement on the Protection of Classified Information Started and Its Contents

Date
2012-07-03
hit
1718

1. How the Agreement started

o The Republic of Korea and Japan agreed to proceed with the conclusion of the ROK-Japan Agreement on the Protection of Classified Information at the Defense Ministers’ Meeting held in January, 2011, amid growing nuclear and missile threats from North Korea.

o Since then, the two countries had held working-level meetings attended by the ROK and Japanese foreign and defense authorities to discuss the draft and other issues concerning the conclusion of the Agreement, and in June, 2012, finalized the draft.

2. Main contents of the Agreement

o The ROK-Japan Agreement on the Protection of Classified Information stipulates ways to exchange information, and procedures to protect and manage the exchanged information.

① Channels to provide information, and officials entitled to access to information
② Obligation to protect information provided
③ Ways and procedures to manage or destroy information provided

o The Agreement does not oblige the two countries to provide each other with information. Information will be provided on a case-by-case basis after each country carefully reviews the necessity to provide information.

o Main clauses and contents

Main clauses

Summary

Purpose

To ensure the protection of Classified Military Information (CMI)

Security classification

Equivalent Security level which corresponds to each country

(ROK: GUNSA Ⅱ-KUP·Ⅲ-KUP BI MIL, Japan: Gokuhi·Bouei Himitsu

/Hi

Protection principles

The Receiving Party shall not release the CMI to any government or entity of a third country and shall not use the CMI for any other purpose than that for which it was provided, without the prior written approval of the Originating Party.

Personnel access

Access to provided CMI shall be granted only to those government officials whose official duties require such access and who have been granted a personnel security clearance subject to the national laws and regulations. Appropriate procedures shall be implemented by the Parties to ensure that the criteria have been met.

Transmission of CMI

CMI shall be transmitted between the Parties through Government-to-Government channels.

Security of facility

Each Party shall be responsible for the security of all governmental facilities where provided CMI is kept.

Security requirements

Requirements and procedures for the security of CMI during transmission through documents and media, equipment, or electronic means

Destruction

Burning, shredding, pulping, or other means preventing reconstruction

Loss and compromise

The Originating Party shall be informed immediately of all possible losses or compromises of its CMI and the Receiving Party shall initiate an investigation to determine the circumstances.

Dispute settlement

Any disputes shall be settled only by consultation between the Parties.

Entry into force, amendment, etc.

- (Entry into force) This Agreement shall enter into force on the latter of the dates of the written notifications through the diplomatic channel by which the Parties confirm that their respective legal requirements for its entry into force have been fulfilled.

- (Period) This Agreement shall remain in force for a period of one year and shall be automatically extended annually thereafter unless either Party notifies the other in writing through the diplomatic channel ninety days in advance of its intention to terminate the Agreement.

- (Amendment) This Agreement may be amended at any time by mutual written consent of the Parties.


o The ROK has concluded similar agreements with the governments or defense authorities of 23 countries, including the US, Russia and Poland, as well as NATO.


* Please refer to the attachment for the text of the "Agreement between the Government of the Republic of Korea and the Government of Japan on the Protection of Classified Information."


                          Spokesperson and Deputy Minister for Public Relations of MOFAT

* unofficial translation