The Diplomat
On December 3, the agreement between the Kingdom of Spain and the Republic of Peru for the reciprocal exchange and protection of classified information in the field of defense will enter into force.
The agreement is one of the seven bilateral agreements signed in Madrid, on February 28, 2019, by the President of the Government, Pedro Sánchez, and the then President of Peru, Martín Alberto Vizcarra, during the Peruvian President’s state visit to Spain. The agreement was authorized by the Council of Ministers in July 2020.
The text establishes the rules and procedures for the protection of classified information generated or exchanged between the parties, or by natural or legal persons under the jurisdiction of either country. Thus, the agreement obliges the two parties to adopt all necessary measures to ensure the protection of this information in accordance with their national laws and regulations. It also provides that neither country may invoke this agreement for the purpose of obtaining classified information that the other party has received from a third party.
The competent authorities responsible for the implementation of this agreement are, for the Republic of Peru, the Minister of Defense or his representative, and for the Kingdom of Spain, the Secretary of State and Director of the National Intelligence Center or his representative.
The purpose of this type of agreement is to guarantee the protection of classified information exchanged or generated as a result of the cooperation between the parties. According to the Government, its ratification will contribute to the preservation of Spain’s interests in its international relations.
Spain’s international relations sometimes require the exchange of information which, because it affects security or national interests, must have a degree of classification and be subject to special processes of use and handling in order to preserve its integrity. In particular, in the field of the defense and armaments industry, manufacturing, assembly or supply contracts often involve the sharing of confidential devices or procedures, making it necessary to establish rules under which States can safely share such classified information.
This agreement is therefore an essential legal instrument that will promote the development of the Spanish defense industry and bilateral trade in this sector, which is currently at a low level with Peru. At the end of 2020, the Council of Ministers approved the sale of two C-130 Hercules aircraft to Peru for 25 million euros.
