Recognition of Personnel and Facility Security Clearance

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Requirements for the recognition of Personnel and Facility Security Clearances (Security Authorisations) are stipulated in Section 62 of law n. 412/2005 Coll. on the Protection of Classified Information:

Section 62
Access to classified information on the basis of recognition of the security authorization issued by the authority of a foreign power

  1. Access to classified information can also be granted to the briefed natural person or to the facility in the cases when the Authority recognizes security authorization issued by the authority of a foreign power that has competence to protect classified information (hereinafter “the Security Authorization”). The Authority will recognize the Security Authorization if laid down by an international agreement to which the Czech Republic is bound. Further, the Authority may recognize the Security Authorization if this recognition is in accordance with foreign policy and security interests of the Czech Republic; nevertheless no legal claim can be laid to this recognition. When acting according to the third sentence, the Authority can request the opinion of the Ministry of Foreign Affairs and of the corresponding Intelligence Service; if the Authority does not receive the requested standpoint within 30 days of the service of the request than it can have reasonable cause to believe that the standpoint is affirmative.
  2. Recognition according to paragraph 1 will be applied by the Authority upon request of the natural person not pursuing business or of the facility that are holders of the Security Authorization. The request shall contain the following
    • name, surname and university degree of the Security Authorization holder;
    • date and place of birth and permanent residence address of the Security Authorization holder;
    • nationality of the Security Authorization holder;
    • in the case of facility its identification by the firm or name, identification number and location in the case of a legal person, or identification by the name, surname and permanent residence address in the case of a natural person;
    • reason why recognition according to paragraph 1 should be applied;
    • required validity period of the recognition;
    • signature of the Security Authorization holder and delivery address of the recognition according to paragraph 1.
  3. Official translation of the Security Authorization shall be attached to the request according to paragraph 2 or its authenticated copy.
  4. The Authority will send the recognition according to paragraph 1, the second sentence, to the Security Authorization holder within 10 days of the date of submission of the request. The Authority will send the recognition according to paragraph 1, the third sentence, to the Security Authorization holder within 60 days of the date of submission of the request. If the recognition is not in accordance with foreign policy and security interests of the Czech Republic, the Authority will not affirmatively dispose of the request and notify the applicant in writing thereof within the same time limit.
  5. Recognition according to paragraph 1 shall contain the following
    • data according to paragraph 2 (a) to (d);
    • identification of the Security Authorization, which was issued by the authority of a foreign power;
    • marking of the highest security classification level of classified information to which the recognition according to paragraph 1 gives access;
    • in the case of facility the form of access according to S. 20;
    • date of issue and validity period;
    • official stamp and signature of the authorised representative of the Authority or, if this recognition was issued in the electronic form, the electronic signature of the authorised representative of the Authority in accordance with the special legal regulation