Clearance for NATO, EU and ESA

There are two distinct types of clearance:

1. Companies require Facility Security Clearance (FSC).
2.  Individual employees require Personnel Security Clearance (PSC).

Role of the AIVD and MIVD

In the Netherlands, the General Intelligence and Security service (in its role as National Security Authority (NSA) and the Defence Intelligence and Security Service (in its role as Designated Security Authority (DSA)) are responsible for the security of international classified information.

Businesses must obtain the required clearances before they can handle international classified information. The AIVD and MIVD are responsible for issuing the required clearances.

The AIVD processes applications where the company will be working for one of these international organisations (NATO, EU or ESA) but does not or will not carry out any classified work for the Netherlands Ministry of Defence.

The MIVD processes applications where the company will be working for one of these international organisations and does or will carry out classified work for the Netherlands Ministry of Defence (i.e. it is an authorised defence (‘ABDO’) contractor).

Facility Security Clearance (FSC)

In many cases, international organisations (NATO, the EU or ESA) will require companies needing physical access to their premises and/or access to classified information to obtain Facility Security Clearance (FSC).

An FSC is a certificate confirming that the company meets the established information security requirements for a specified classification level.

A ‘proof of need’ is required to apply for an FSC. This sets out the reasons for the application, the security requirements and the required level of clearance.

Procurement procedures often include a requirement that bids may only be submitted subject to having a valid FSC for a specified classification level and for a specified validity period.

Personnel Security Clearance (PSC)

Employees of the company who may come into contact with NATO, EU or ESA classified information and/or who require access to these organisations must obtain Personnel Security Clearance (PSC).

A PSC is not the same as a certificate of no objection (‘VGB’).

While a certificate of no objection is a requirement for appointment to a confidential position designated as such by ministerial order (confidential positions exist within government and in the private sector), a PSC is required for employees who may come into contact with NATO, EU or ESA classified information and/or may require access to the premises of these organisations.

Both the PSC and VGB involve a security screening, the scope and depth of which are commensurate with the nature of the individual's appointment or role.

Generally speaking, the AIVD and MIVD only issue PSCs to individuals with Dutch nationality.

Non-Dutch nationals

A different procedure applies where a PSC is to be issued to an individual who works for a Dutch company but does not have Dutch nationality.

In that case, the procedures applicable and forms used in the applicant's country of origin will apply.

In some cases, information on the applicable procedure may be found on the website of the relevant country’s own NSA. An NSA inspector from the AIVD can provide further information on this.

No additional fees

Clearance certificates are issued free of charge.

For employers: Facility Security Clearance (FSC)

There are three types of Facility Security Clearance (FSC) that may be relevant to your situation:

1. FSC without storage
   If the company will be working on the company premises but not with NATO, EU or ESA classified materials, an FSC without an endorsement for storage will suffice.
2. FSC with storage
   If the company will be working on the company premises with physical NATO, EU or ESA classified materials and these materials will be stored or retained, an FSC with an endorsement for storage will be required.
3. FSC with storage and CIS
   If the company will be working on the company premises with electronic NATO, EU or ESA classified materials, an FSC with an endorsement for storage and communication information systems (CIS) will be required.

An AIVD inspector will assess whether the company is compliant with the NATO, EU or ESA requirements for the specified classification level in terms of trust and information security.

If the requirements are met, the AIVD will issue an FSC. Companies working on the company premises with physical or electronic NATO, EU or ESA classified information will be required to submit to a security audit.

The FSC procedure in five steps

The AIVD will only initiate a procedure when instructed by NATO, the EU or ESA. The process essentially encompasses five steps:

1. NATO, the EU or ESA informs the AIVD of the application for an FSC certificate.
2. The AIVD contacts the company in order to assess the reasons for the application and the requirements.
3. The company takes measures to ensure compliance with the requirements.
4.  A security audit may be advised, depending on the situation and the classification level.
5. If the application is successful, the FSC will be prepared and sent to the company.

For employers and employees: the PSC procedure in four steps

Personnel Security Clearance (PSC) is individual and can only be issued if the company where the person works has a valid FSC.

In most cases, the application process encompasses four steps:

1. Contact the AIVD  on behalf of the company and enrol one or more individuals who require a PSC.
2. An inspector will assess the application and authorise the company to submit the applications.
3. Every individual requiring a PSC must submit an application for and undergo a security screening which will be conducted by the AIVD.
4. If the application is successful, the PSC will be prepared and sent to the company.

This procedure only applies to individuals with Dutch nationality. In the case of applicants with other nationalities, the procedures applicable in the applicant's country of origin will apply.