International Programs Security

1. International Programs Security Transfer of Classified Material

2. Overview • Laws, Regulations & Explanations • Foreign Military Sales vs Direct Commercial Sales • Freight Transfers • Hand Carriage

3. Overview (cont) • Responsibilities • Contractor • State Dept – Directorate of Defense Trade Controls • DSS

4. Security Agreements Agreements are negotiated by the U.S. with foreign governments that address security controls, protection and assurances for classified information • Oversight / Implementation • Security Arrangements • Assurances • Classification Guidance DSS role:

5. Laws & RegulationsArms Export Control Act (AECA) This law is the legal basis for security requirements of most int’l programs Key Legal Elements for Int’l Programs: • No transfer to 3rd party without prior approval • not to be used for other than authorized purpose • must provide substantially the same degree of protection

6. Laws & RegulationsNational Security Decision Memo 119 • Principle policy document governing foreign disclosure • Establishes framework for the release of classified to foreign governments • Establishes principle of “gov’t to gov’t” cognizance • Classified is national asset & only shared if beneficial

7. What is an export? • Sending or taking a defense article out of the U.S. in any manner • Disclosing (oral or visual), or transferring in the U.S. any defense article to an embassy or diplomatic mission • Disclosing or transferring any technical data to a foreign person whether in the U.S. or abroad • Performing a defense service on behalf of, or for the benefit of a foreign person in the U.S. or abroad

8. ITAR (part 125) State Dept- Directorate of Defense Trade Controls (DTC) Classified Exports • Oversight of classified exports (127.5) • Administration of export licenses • Match authorization & security arrangements • Obtain “empowered official” certification (120.25) 10-407c DSP-85 TAA MLA

9. Contractor Involvement • Must be in framework of: • An authorized government program • A commercial contract • Company must be registered with the Department of State & have an Export Authorization www.pmdtc.org Any company that manufactures or exports defense articles, or furnishes defense services is required to register. Manufacturers who do not engage in exporting must nevertheless register. ITAR 122.1

10. NISPOMChapter 10 • General and Background information • Disclosure of U.S. Information to Foreign Interests • Foreign Government Information (FGI) • International Transfers • International Visits and Control of Foreign Nationals • Contractor Operations Abroad • NATO Information Security Requirements

11. Foreign Military Salesvs Direct Commercial Sales • Security related functions associated with the transfer of classified on an FMS contract are handled by the appropriate Government Contracting Agency (NOT DSS) AGAIN, DSS DOES NOT APPROVE FMS SHIPMENTS • Security related functions associated with the transfer of classified on a DCS Contract are the responsibility of DSS

12. International TransfersNISPOM Chapter 10, Section 4 • All transfers of classified must be “government to government” • Control and accountability must be maintained until officially transferred • All transfers must be fully described in a Transportation Plan (TP) • All TPs must be approved by DSS and the foreign government security authorities

13. Using MISWG Documents • The Multinational Industrial Security Working Group (MISWG) developed supplemental security arrangements to standardize procedures • may be used in any bilateral or multilateral program or project • http://www.dss.mil/seclib/index.htm

14. Transportation Plan • TP required for freight • Use MISWG Document #10 • Required elements: • commodity • participants • itinerary/routing • shipping entities

15. Transportation Plan A document prepared IAW NISPOM 10-402 defining transportation arrangements when classified material is shipped as freight to and/or from the U.S.

16. Freight Transfers • Must have an approved TP describing the secure shipment of the material from point of origin to the ultimate destination • Must be accompanied by an appropriately cleared escort • Must go through “government to government” channels

17. Hand Carriage NISPOM 10-406 • submit request 5 days in advance • follow MISWG document #1 • include itinerary (annex 1) • courier data (cleared employee) • DSS must receive foreign govt security officials concurrence

18. Couriers • material is SECRET or below • material is small enough to be retained by the courier - under direct personal control • travel is on carrier owned or chartered under registry of U.S. or recipient govt • carry Courier Certificate (appendix D to MISWG document #1) • will read notes and sign declaration (annex 2 and appendix C)

19. Contractor Responsibilities International Transfers • Obtain appropriate License • Prepare and submit transportation plan to DSS for approval – DSS needs as much lead time as possible to arrange an international transfer • Notify DGR when ready to prepare transfer • Provide written certification by the Empowered Official • Prepare appropriate shipping documents

20. DSS Responsibilities International Transfers • Assist U.S. contractors to identify security requirements in advance • coordinate actions and obtain approvals • Ensure compliance • Act as Designated Government Representative (DGR) in govt-to-govt transfers

21. International Programs Security QUESTIONS?