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DAMI-CDD Brief Foreign Disclosure 101

May 2002

MAJOR DAVE GROB

For Dummies(Like MAJ Grob)

or

“If I knew what Foreign Disclosure Was…I wouldn’t be in this mess”

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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 BriefingPATRIOT PAC/3Raytheon 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 originator’s 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 MembershipDepartment of StateDepartment of DefenseDepartment of the ArmyDepartment of the Air ForceDepartment of the NavyThe Joint Staff

Special MembershipDepartment of EnergyCIADIAOUSD (Policy)OUSD (A&T)ASD (C3I)ASD (NCB)MDA

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Notional Annex A to NDP-1

ForeignGovernment

CAT1

CAT2

CAT3

CAT4

CAT5

CAT6

CAT7

CAT8

Country A S S S S S S TS

Country B S S S S S S TS

Country C S C C C S

Country D S C C

Country E C C C

Country F C C

Highest Level of Eligibility by country

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Notional Annex A to NDP-1

ForeignGovernment

IndustrialSecurity

Agreement

GeneralSecurity

Agreement

NDPCSecurity Survey

CIA RiskAssessment

Country A

Country C

Country D

Country E

Country B 18 May 74

7 Jul 81

10 Dec 77

22 Mar 84

12 Feb 66 1 Jun 96 10 Sep 95

17 Jul 93

11 Aug 82

9 Feb 79

23 Feb 97

16 Apr 98

14 Nov 98

7 Mar 96

4 Jun 94

2 Feb 64

Intent Capability

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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 saleRequired for CINC level training or exercisesDisclosure of Military Intelligence (CAT 8) for operational issues

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Army Policy Guidance

Army Regulation 380-10

Security

ForeignDisclosureTechnologyTransfer, andContacts withForeignRepresentatives

HeadquartersDepartment of the ArmyWashington, DC15 February 2001

UNCLASSIFIED

Army implementation of DOD policy

Provides specific Army policy guidance

Establishes Delegated Authority by category

Provides examples of DDLs

*** Just completed revision***

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Functional Issues for the Army

Army actions influenced by national guidance and policy

Inter-agency environment

Driving force isConsistent National Policy

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Foreign Disclosure Basics

National Policy as the Basis

Transfer Classified Government

Ownership Level of Eligibility

ProperForeignDisclosure

Category Risk Benefit

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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/Multinational Operations Foreign Liaison Officers

Foreign Military Sales

A NATIONALSECURITYSTRATGEYFOR A NEW CENTURY

The White HouseDecember 1999

NationalMilitary Strategy

Shape, Respond, Prepare NowA Military Strategy for New Era

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How They Do It…

Request/Authorization

Disclosure Decision

Visit/Program SpecificsDelegation of Disclosure Authority Letter (DDL)

Record of Disclosure

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How They Do It…

HQDADCS, G-2

PEOPMMSC

MACOM

HQDAAgencies

Foreign Embassy

Request for Visit Authorization

One -Time

Recurring

Extended

Types of Visits

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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 AgreementsForeign Liaison OfficersArmy Personnel Exchange ProgramsWeapons SystemsOrganizational (Commands & Agencies)Cooperative R&D

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How They Do It…

The Role of the PM…Documentation

ProgramProtectionPlan

Security Classification Guide Critical Program Information

TechnologyAssessmentandControl Plan

FCS

FCS FCS

DelegationOf DisclosureLetter (DDL)

MS B

TA/CP

PPP

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

Transformation:

War on Terrorism:

CAT 1: Organization, Training and EmploymentCAT 2 : Combined Military Operations, Planning and ReadinessCAT 3: Applied Research and DevelopmentCAT 6: U.S. Order of BattleCAT 8: Military Intelligence

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…

A NATIONALSECURITYSTRATGEYFOR A NEW CENTURY

The White HouseDecember 1999

NationalMilitary Strategy

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Foreign Disclosure and Army Transformation

The vision for Army Foreign Disclosure support totransformation is one of balance… balancing the needto protect the overmatch capabilities of the ObjectiveForce while developing and maintaining the internationalrelationships necessary to reassure allies and compel adversaries… Throughout this transformation, Army Foreign Disclosure remainsresponsive, transparent and focused on support to the War Fighter.

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Foreign Disclosure and Army Transformation

Future Combat System ?

PATRIOT/PAC 3?

Transformation. “ Army Transformation represents the strategic transition we will have to undergo to shed our cold war designs in order to prepare ourselves now for the crises and wars of the 21st Century.” … What is the requirement for new or modified international relationships

Protect Overmatch Capabilities

The Army is People. Soldiers -- not equipment -- are the center piece of our formation.

The Army is People. Soldiers and civilians -- active and reserve -- retirees, veterans, and families.… Future Work Force Requirements

Issues….

Our job is to facilitate Army Transformation and support warfighting commanders by providing resources, fielding and sustaining the world's premier Military Intelligence Force." - LTG Robert W. Noonan Jr., G-2

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Foreign Disclosure and the War on Terrorism

"No Nation Can Be Neutral in This Conflict" Remarks by the President To the Warsaw Conference on Combating 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?

Transform

ation

DDL

CMI

MAJOR DAVE GROBDavid.Grob@HQDA.ARMY.MIL (703) 601-1530

http://www.dami.army.pentagon.mil/offices/dami-cd/or