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International Programs Security. Transfer of Classified Material. Overview. Laws, Regulations & Explanations Foreign Military Sales vs Direct Commercial Sales Freight Transfers Hand Carriage. Overview (cont). Responsibilities Contractor

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international programs security

International Programs Security

Transfer of Classified Material

overview

Overview

  • Laws, Regulations & Explanations
  • Foreign Military Sales vs Direct Commercial Sales
  • Freight Transfers
  • Hand Carriage
overview cont

Overview (cont)

  • Responsibilities
    • Contractor
    • State Dept – Directorate of Defense Trade Controls
    • DSS
security agreements
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:

laws regulations arms export control act aeca
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
laws regulations national security decision memo 119
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
what is an export
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
itar part 125
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

contractor involvement
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

nispom chapter 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
foreign military sales vs direct commercial sales

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
international transfers nispom chapter 10 section 4

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
using miswg documents
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
transportation plan
Transportation Plan
  • TP required for freight
  • Use MISWG Document #10
  • Required elements:
  • commodity
  • participants
  • itinerary/routing
  • shipping entities
transportation plan1
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.

freight transfers

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
hand carriage nispom 10 406
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
couriers
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)
contractor responsibilities
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
dss responsibilities
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