Which is the procedure for issuing a Facility Security Clearance to a legal entity?

 

There are provisions in the Law on Classified Information and the Decree on Industrial Security of Classified Information that define the procedure and the documents which the legal entity is required to provide and submit in order to initiate the procedure for getting a Facility Security Clearance (FSC).

The Directorate for Security of Classified Information (DSCI) may be asked to issue relevant security clearance certificates to the legal entities participating in public classified procurement procedures if that is a precondition for participating in the tender and/or the actual legal entity has entered into the closest selection for the most eligible bidder.

The issuing of a FPC certificate involves a procedure for determining the fulfillment of the conditions stipulated in Article 39 of Law on Classified Information. That means that the possibility is determined whether relevant Personnel Security Clearances (PSC) certificate can be issued to the persons at the legal entity, such as the owners of the company or the management team, as well as whether the legal entity is ready to respond to the requirements of the tender from the aspect of the classified information that is a subject of the public procurement procedure or is a part of its implementation.

In addition to the request for issuing а FSC certificate, the legal entity is required to submit a request for issuing PSC certificates to the management team and to the other persons working in the company who will participate in the implementation of the classified contract. The procedure for issuing a PSC certificate is explained bellow in the answer to the question “Which is the procedure for issuing a Personnel Security Clearance certificate to a person working in a company”.

In its request for getting а FSC certificate issued, the legal entity needs to appoint a security officer who will be responsible for the efficient and coordinated accomplishment of the rights and responsibilities related to the classified information, to give an outline of the contents of the contract, the plan of the envisaged security measures to be implemented in relation to the protection of classified information and its classification level. The request also needs to include the deadline until which the contract should be accomplished, as well as the signed consent of the manager/director stating that he/she agrees the given data for the company to be checked.

It is not envisaged for the legal entity to fill in a Security Questionnaire.

It is mandatory for the following documents to be attached to the request for issuing а FSC certificate:

  • Application for entering the commercial register;
  • •Court decision for registration;
  • Paper containing the name and seat of the founder and the total amount of the capital of the founder and each of the investors;
  • Power of attorney of the subject for registering in the legal transactions;
  • Names of the persons authorised for representation and the extent of their authority, and for the foreigners also the papers subscribed in the Law on Companies;
  • Report and opinion on the business success (“bonitée”) issued by the Central Registry of the Republic of Macedonia;
  • Confirmation from a relevant court that bankruptcy proceedings or liquidation procedure has not been opened;
  • Confirmation from a relevant court that no security measure for prohibition from practicing a profession has been delivered; and
  • • Certificate from the Public Revenue Office for paid taxes and other public allowances.

Depending on the contents of the classified contract, the DSCI has the authorization to determine whether the legal entity also needs to meet the other conditions for protection of classified information concerning the:

  • Physical security;
  • Information security and
  • Administrative security.

These conditions are stipulated in the Decree on Physical Security of Classified Information, the Decree on Physical Security of Classified Information and the Decree on Administrative Security of Classified Information.

If the legal entity meets all the envisaged conditions for protection of classified information, which is determined through a completed vetting procedure, the DSCI will issue a FSC certificate with a validity period according to the Article 52 of the Law on Classified Information.