DAMI-CDD Brief Foreign Disclosure 101

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DAMI-CDD Brief Foreign Disclosure 101
or
Foreign DIsclosure
For Dummies (Like MAJ Grob)
If I knew what Foreign Disclosure WasI
wouldnt be in this mess
May 2002 MAJOR DAVE GROB
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Purpose
To provide you with an overview on foreign
disclosure policy, programs and procedures and
their role in supporting both Army
Transformation and the War on Terrorism.
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OUTLINE
Foreign Disclosure Basics The Foreign Disclosure
Community Foreign Disclosure and Army
Transformation Foreign Disclosure and the War on
Terrorism
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Foreign Disclosure
The transfer of classified military information
through approved channels to an authorized
representative of a foreign government
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Specific Language
Transfer Classified Information Government to
Government
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Transfer
Person, Place or Thing
Oral, Visual, or Documentary
Capabilities Briefing PATRIOT PAC/3 Raytheon
Corporation
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Classified Military Information
Information originated by or for DOD or its
components or is under their control or
jurisdiction and requires protection.
Category 1 Organization, Training, and
Employment of Forces Category 2 Military
Material and Munitions Category 3 Applied
Research and Development Information Category 4
Production Information Category 5 Combined
Military Operation, Planning and
Readiness Category 6 U.S. Order of Battle
Information Category 7 North American
Defense Category 8 Military Intelligence
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Government to Government
Designated Government Representative Government
Controlled Information Government to Government
Security Assurances
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Basic Disclosure Criteria

• Disclosure is consistent with U.S. foreign
  policy and National Security Objectives
• Disclosure is contingent upon security
  assurances provided by the foreign government
• Benefit to the U.S. is at least equivalent to
  the value of the information disclosed
• Disclosure will be limited to information
  necessary to meet desired purpose.

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Basic Disclosure Conditions

• Proper proponent or ownership
• No third party disclosure without consent of
  originator
• Same level of protection
• Use for only intended purpose
• Report know or suspected compromise
• Access limited to need-to-know cleared
  individuals
• Government to government transfers

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Legal Basis for Foreign Disclosure

• National Security Decision Memorandum (NSDM) 119
  is basis for disclosure of classified
  information to foreign governments.
• Defined classified information as a national
  asset.
• Established interagency National Disclosure
  Policy Committee (NDPC).
• Arms Export Control Act (AECA) is basis for
  export of defense
• articles and services for commercial
  and government programs.
• Foreign sales consistent with U.S. foreign policy
  interests.
• Executive Order 12958 established Executive
  Branch's National
• Information Security Program.
• Persons authorized to disclose information assure
  protection.
• Transfer of classified information to third party
  with originators consent.

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Overarching Governing Policy
National Disclosure Policy (NDP-1)

• Issued By OSD and governs disclosure of CMI
• Implements NSDM-119 within the Executive Branch
• Establishes the National Disclosure Policy
  Committee (NDPC)
• Issues policy guidance and procedures
• Promulgates disclosure criteria and limitations
• Establishes requirements for General Security of
  Military
• Information Agreement( GSOMIA)
• Vetting process for Exceptions to Policy

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Overarching Governing Policy
National Disclosure Policy Policy Committee
General Membership Department of State Department
of Defense Department of the Army Department of
the Air Force Department of the Navy The Joint
Staff
Special Membership Department of
Energy CIA DIA OUSD (Policy) OUSD (AT) ASD
(C3I) ASD (NCB) MDA
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Notional Annex A to NDP-1
Highest Level of Eligibility by country
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Notional Annex A to NDP-1
Intent Capability
Industrial Security Agreement
General Security Agreement
NDPC Security Survey
CIA Risk Assessment
Foreign Government
Country A
12 Feb 66
1 Jun 96
10 Sep 95
2 Feb 64
Country B
18 May 74
17 Jul 93
7 Jul 81
11 Aug 82
Country C
23 Feb 97
14 Nov 98
Country D
7 Mar 96
10 Dec 77
9 Feb 79
16 Apr 98
Country E
22 Mar 84
4 Jun 94
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Exceptions to Policy (ENDPs)

• Required when request exceeds eligibility
• Driven by benefit to the U.S. Government
• Vetted through the NDPC
• Requires unanimous consent among members of the
  NDPC

Common Examples
Briefing for a potential foreign military
sale Required for CINC level training or
exercises Disclosure of Military Intelligence
(CAT 8) for operational issues
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Army Policy Guidance
Army implementation of DOD policy Provides
specific Army policy guidance Establishes
Delegated Authority by category Provides
examples of DDLs Just completed revision
Army Regulation 380-10
Security
Foreign Disclosure Technology Transfer,
and Contacts with Foreign Representatives
Headquarters Department of the Army Washington,
DC 15 February 2001
UNCLASSIFIED
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Functional Issues for the Army
Army actions influenced by national guidance and
policy
Inter-agency environment
Driving force is Consistent National Policy
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Foreign Disclosure Basics
Proper Foreign Disclosure
Category
Risk
Benefit
Ownership
Level of Eligibility
Transfer Classified Government
National Policy as the Basis
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The Foreign Disclosure Community
Who They Are What They Do
How They Do It
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Who They Are
NDPC Unified Commands/Combatant
Commanders HQDA PM/PEO FD Force in the Field
Inter-Agency
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What They Do
Policy Guidance and Implementation International
Visits Program International/Cooperative
Production Theater Engagement (TEP) Coalition/Mu
ltinational Operations Foreign Liaison
Officers Foreign Military Sales

National Military Strategy
Shape, Respond, Prepare Now A Military Strategy
for New Era
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How They Do It
Request/Authorization
Visit/Program Specifics Delegation of Disclosure
Authority Letter (DDL)
Disclosure Decision
Record of Disclosure
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How They Do It
Request for Visit Authorization
HQDA DCS, G-2
HQDA Agencies
Foreign Embassy
MACOM
Types of Visits
PEO PM
One -Time Recurring Extended
MSC
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How They Do It
The Delegation of Disclosure Authority Letter
(DDL)

• Document approved by HQDA for CMI
• Describes classification levels, scope,
  authority,
• limitations and jurisdiction.
• Required for
• International Agreements
• Foreign Liaison Officers
• Army Personnel Exchange Programs
• Weapons Systems
• Organizational (Commands Agencies)
• Cooperative RD

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How They Do It
The Role of the PMDocumentation
Security Classification Guide
Critical Program Information
FCS
PPP
MS B
Program Protection Plan
DDL
TA/CP
FCS
FCS
Technology Assessment and Control Plan
Delegation Of Disclosure Letter (DDL)
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How They Do It
Theater Engagement - The CINC
Training/Exercises CAT 1, Organization,
Training and Employment Foreign Military Sales
CAT 2 Military Material and Munitions
Operational Requirements The Combatant Commander
CAT 1 Organization, Training and Employment CAT
2 Combined Military Operations, Planning and
Readiness CAT 3 Applied Research and
Development CAT 6 U.S. Order of Battle CAT 8
Military Intelligence
Transformation War on Terrorism
Army Foreign Disclosure Personnel Must Understand
Army Issues and Equities
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The Foreign Disclosure Community
Who They Are What They Do
How They Do It
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Foreign Disclosure and Army Transformation
The vision for Army Foreign Disclosure support
to transformation is one of balance balancing
the need to protect the overmatch capabilities of
the Objective Force while developing and
maintaining the international relationships
necessary to reassure allies and compel
adversaries Throughout this transformation,
Army Foreign Disclosure remains responsive,
transparent and focused on support to the War
Fighter.
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Foreign Disclosure and Army Transformation
Issues.
Future Combat System ?
Protect Overmatch Capabilities
PATRIOT/PAC 3?
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Foreign Disclosure and the War on Terrorism
Nor will we forget the citizens of 80 other
nations who died with our own. Dozens of
Pakistanis, more than 130 Israelis, more than 250
citizens of India, men and women from El
Salvador, Iran, Mexico and Japan, and hundreds of
British citizens. Remarks by the President
in his 21 September address to the Nation
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Foreign Disclosure and the War on Terrorism
Issues
Exceptions to National Disclosure
Policy? Combatant Commanders/MACOM Emergency
Disclosure Authority? New Foreign Liaison
Positions? Foreign Military Sales? Changing or
evolving coalitions?
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Recap
Foreign Disclosure Basics The Foreign Disclosure
Community Foreign Disclosure and Army
Transformation Foreign Disclosure and the War on
Terrorism
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Questions?
DDL
CMI
Transformation
MAJOR DAVE GROB David.Grob_at_HQDA.ARMY.MIL (703)
601-1530
or
http//www.dami.army.pentagon.mil/offices/dami-cd/