DAMI-CDD Brief
Foreign Disclosure 101
or
For
Dummies
(Like MAJ Grob)
“If I knew what Foreign Disclosure
Was…I wouldn’t be in this mess”
May 2002
MAJOR DAVE GROB
1
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.
2
OUTLINE
Foreign Disclosure Basics
The Foreign Disclosure Community
Foreign Disclosure and Army Transformation
Foreign Disclosure and the War on Terrorism
3
Foreign Disclosure
The transfer of classified military information
through approved channels to an authorized
representative of a foreign government
4
Specific Language
Transfer
Classified Information
Government to Government
5
Transfer
Person, Place or Thing
Oral, Visual, or Documentary
Capabilities Briefing
PATRIOT PAC/3
Raytheon Corporation
6
Classified Military Information
Information originated by or for DOD or its components or
is under their control or jurisdiction and requires protection.
Category 1:
Category 2:
Category 3:
Category 4:
Category 5:
Category 6:
Category 7:
Category 8:
Organization, Training, and Employment of Forces
Military Material and Munitions
Applied Research and Development Information
Production Information
Combined Military Operation, Planning and Readiness
U.S. Order of Battle Information
North American Defense
Military Intelligence
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Government to Government
Designated Government Representative
Government Controlled Information
Government to Government Security Assurances
8
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
10
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 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 (A&T)
ASD (C3I)
ASD (NCB)
MDA
13
Notional Annex A to NDP-1
Foreign
Government
CAT
1
CAT
2
CAT
3
Country A
Country B
Country C
Country D
Country E
Country F
S
S
S
S
C
S
S
C
C
C
C
S
S
C
CAT
4
CAT
5
CAT
6
CAT
7
CAT
8
S
S
C
S
S
S
S
TS
TS
S
C
C
C
Highest Level of Eligibility by country
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Notional Annex A to NDP-1
Intent
Capability
Foreign
Government
General
Security
Agreement
Industrial
Security
Agreement
NDPC
Security
Survey
CIA Risk
Assessment
Country A
2 Feb 64
12 Feb 66
1 Jun 96
10 Sep 95
Country B
18 May 74
Country C
7 Jul 81
11 Aug 82
23 Feb 97
14 Nov 98
Country D
10 Dec 77
9 Feb 79
16 Apr 98
7 Mar 96
Country E
22 Mar 84
17 Jul 93
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 Regulation 380-10
Army implementation of DOD policy
Security
Foreign
Disclosure
Technology
Transfer, and
Contacts with
Foreign
Representatives
Provides specific Army policy guidance
Establishes Delegated Authority by category
Provides examples of DDLs
*** Just completed revision***
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
Ownership
Transfer
Risk
Benefit
Level of Eligibility
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
Inter-Agency
Unified Commands/Combatant Commanders
HQDA
PM/PEO
FD Force in the Field
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What They Do…
Policy Guidance and Implementation
International Visits Program
International/Cooperative Production
A NATIONAL
SECURITY
STRATGEY
FOR A
NEW CENTURY
The White House
December 1999
Theater Engagement (TEP)
Coalition/Multinational Operations
National
Military
Strategy
Foreign Liaison Officers
Foreign Military Sales
Shape, Respond, Prepare Now
A Military Strategy for New Era
22
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
Foreign
Embassy
HQDA
DCS, G-2
HQDA
Agencies
MACOM
Types of Visits
One -Time
Recurring
MSC
PEO
PM
Extended
24
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 R&D
25
How They Do It…
The Role of the PM…Documentation
Security Classification Guide
PPP
MS B
DDL
TA/CP
Critical Program Information
FCS
Program
Protection
Plan
FCS
Technology
Assessment
and
Control Plan
FCS
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
Transformation:
War on Terrorism:
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
Army Foreign Disclosure Personnel Must Understand Army Issues and Equities
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The Foreign Disclosure Community
Who They Are…
What They Do…
A NATIONAL
SECURITY
STRATGEY
FOR A
NEW CENTURY
National
Military
Strategy
The White House
December 1999
How They Do It…
28
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 ?
PATRIOT/PAC 3?
Protect Overmatch Capabilities
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
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
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?
32
Recap…
Foreign Disclosure Basics
The Foreign Disclosure Community
Foreign Disclosure and Army Transformation
Foreign Disclosure and the War on Terrorism
33
Questions?
DDL
MAJOR DAVE GROB
David.Grob@HQDA.ARMY.MIL
(703) 601-1530
or
http://www.dami.army.pentagon.mil/offices/dami-cd/
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