DAMI-CDD Brief Foreign Disclosure 101

1. 1 As a graduate of the Ft. Benning School for boys, when Foreign Disclosure was first briefed to me, I was told I looked like a dog watching popcorn pop in a microwave� �very interested and no clue what I was looking at�� Hopefully this briefing will provide you with an initial understanding of what the world of foreign disclosure is all about�. �DING� Popcorns done�As a graduate of the Ft. Benning School for boys, when Foreign Disclosure was first briefed to me, I was told I looked like a dog watching popcorn pop in a microwave� �very interested and no clue what I was looking at�� Hopefully this briefing will provide you with an initial understanding of what the world of foreign disclosure is all about�. �DING� Popcorns done�

2. 2 To be successful in the war on terrorism, The Department of Defense will have to operate in a more globally collaborative manner with many new and temporary coalition partners. Paramount in this effort will be the need to balance safeguarding secrets and technology with the benefits of sharing. Central to this effort is the Foreign Disclosure process. To be successful in the war on terrorism, The Department of Defense will have to operate in a more globally collaborative manner with many new and temporary coalition partners. Paramount in this effort will be the need to balance safeguarding secrets and technology with the benefits of sharing. Central to this effort is the Foreign Disclosure process.

3. 3 This briefing is designed to give you the basics on foreign disclosure, introduce you to the community by telling you who we are, what we do and how we do it; and explain how foreign disclosure supports both Army Transformation and the war on terrorism.This briefing is designed to give you the basics on foreign disclosure, introduce you to the community by telling you who we are, what we do and how we do it; and explain how foreign disclosure supports both Army Transformation and the war on terrorism.

4. 4 To begin this briefing, it is very important that you have a concise definition of what foreign disclosure is. Please focus in on the underlined portions.To begin this briefing, it is very important that you have a concise definition of what foreign disclosure is. Please focus in on the underlined portions.

5. 5 Focus your attention on these three aspects of the definition. These required elements will make something a foreign disclosure issue vs. one that belongs to industrial security and physical security communities.Focus your attention on these three aspects of the definition. These required elements will make something a foreign disclosure issue vs. one that belongs to industrial security and physical security communities.

6. 6 When you think of a transfer, think of a person, place or thing. A transfer can take place as a person gives a briefing. A transfer can take place during a visit to a place A transfer and take place with the transfer of a system or technology. These transfers can come through a number of mediums: These transfers can be done orally in the form of a briefing on conversation. They can be done visually simply by virtue of a person seeing a picture or a weapon system or technology When you think documentary, think of paper slides, drawings/specifications, information on a disk or CD. If you are now thinking that just about anything can constitute a disclosure, then you are on the right track. Remember there are two other important elements to our definition.When you think of a transfer, think of a person, place or thing. A transfer can take place as a person gives a briefing. A transfer can take place during a visit to a place A transfer and take place with the transfer of a system or technology. These transfers can come through a number of mediums: These transfers can be done orally in the form of a briefing on conversation. They can be done visually simply by virtue of a person seeing a picture or a weapon system or technology When you think documentary, think of paper slides, drawings/specifications, information on a disk or CD. If you are now thinking that just about anything can constitute a disclosure, then you are on the right track. Remember there are two other important elements to our definition.

7. 7 The second aspect of our definition deals with classified military information. Classified Military Information or CMI is broken down or managed by these 8 categories. The important thing to begin thinking about is that different organizations will have the authority to make a disclosure decision based on information that they are the proponent for. Examples being that the Defense Intelligence Agency (DIA) principally governs the disclosure of Category 8, Military Intelligence. The second aspect of our definition deals with classified military information. Classified Military Information or CMI is broken down or managed by these 8 categories. The important thing to begin thinking about is that different organizations will have the authority to make a disclosure decision based on information that they are the proponent for. Examples being that the Defense Intelligence Agency (DIA) principally governs the disclosure of Category 8, Military Intelligence.

8. 8 In keeping with both Executive Orders and the National Security Decision Memorandum 119, these transfer must take place through official government to government channels or through other channels approved by the responsible governments. This is necessary so that: Government accountability is maintained. The proper security assurances are in place. The government is sure the value of the disclosure is equal to or greater than the value of the information disclosed. In keeping with both Executive Orders and the National Security Decision Memorandum 119, these transfer must take place through official government to government channels or through other channels approved by the responsible governments. This is necessary so that: Government accountability is maintained. The proper security assurances are in place. The government is sure the value of the disclosure is equal to or greater than the value of the information disclosed.

9. 9 Part of the charter of any government entity in the disclosure process is to ensure that these basic criteria are met. Part of the charter of any government entity in the disclosure process is to ensure that these basic criteria are met.

10. 10 Once the U.S. Government has decided that it is our best interest to make a disclosure, the following conditions must be clearly understood by all parties involved in the process. Proper proponent or ownership (do you have the delegated authority to make the disclosure) No third party disclosure without consent of originator (you can not give this information to another country without our consent) Same level of protection (I.e.. you will treat our SECRET information as you treat your own) Use for only intended purpose Report know or suspected compromise Access limited to need-to-know cleared individuals Government to government transfers Once the U.S. Government has decided that it is our best interest to make a disclosure, the following conditions must be clearly understood by all parties involved in the process. Proper proponent or ownership (do you have the delegated authority to make the disclosure) No third party disclosure without consent of originator (you can not give this information to another country without our consent) Same level of protection (I.e.. you will treat our SECRET information as you treat your own) Use for only intended purpose Report know or suspected compromise Access limited to need-to-know cleared individuals Government to government transfers

11. 11 The previous slides addressed the issue of government involvement�these documents serve as the legal basis and statutory framework that guide the disclosure process.The previous slides addressed the issue of government involvement�these documents serve as the legal basis and statutory framework that guide the disclosure process.

12. 12 National Disclosure Policy-1 is the corner stone document for the disclosure policy.National Disclosure Policy-1 is the corner stone document for the disclosure policy.

13. 13 Oversight of this policy is maintained by the National Disclosure Policy Committee. It is the �corporate body� for foreign disclosure and has a true inter-agency flavor to it. The committee is composed of both General and Special Members. Primary roles of the committee are: form and clarify national disclosure policy Serve as the corporate body for the vetting of Exceptions to National Disclosure Policy (ENDP).. More later on that. Conduct Security Surveys that influence eligibility levels found in NDP-1Oversight of this policy is maintained by the National Disclosure Policy Committee. It is the �corporate body� for foreign disclosure and has a true inter-agency flavor to it. The committee is composed of both General and Special Members. Primary roles of the committee are: form and clarify national disclosure policy Serve as the corporate body for the vetting of Exceptions to National Disclosure Policy (ENDP).. More later on that. Conduct Security Surveys that influence eligibility levels found in NDP-1

14. 14 Notional Annex A to NDP-1 This notional Annex A to NDP-1 shows a number of important things: Each country has its own level of eligibility for each category of information. As you can see in this example, in some cases no eligibility exists. It is very important to note that these levels indicate eligibility(may have).. NOT AUTHORIZATIONS (will have). I always liken this to the fact that my 15 year old son will be eligible to get a drivers license next year, Not authorized� I still have the call.This notional Annex A to NDP-1 shows a number of important things: Each country has its own level of eligibility for each category of information. As you can see in this example, in some cases no eligibility exists. It is very important to note that these levels indicate eligibility(may have).. NOT AUTHORIZATIONS (will have). I always liken this to the fact that my 15 year old son will be eligible to get a drivers license next year, Not authorized� I still have the call.

15. 15 Notional Annex A to NDP-1 Any country�s eligibility is based on two things; their capability and intent to protect out information. Capability (can they) is demonstrated by the results of the NDPC Security Survey and the CIA Risk Assessment Intent (will they) is demonstrated by that governments willingness to sign the appropriate international agreement.Any country�s eligibility is based on two things; their capability and intent to protect out information. Capability (can they) is demonstrated by the results of the NDPC Security Survey and the CIA Risk Assessment Intent (will they) is demonstrated by that governments willingness to sign the appropriate international agreement.

16. 16 In cases when the U.S. government wishes to make a disclosure above a country�s level of eligibility, the process does allow for exceptions. It may sound like a happy to glad issue, but this is an exception� not a waiver as the policy is still in place. These exceptions are vetted before the NDPC and all members are given a chance to concur, concur with provisions and conditions or even non-concur. The voting must be unanimous. Once the case has been voted, a Record of Action (RA) detailing the conditions and limitations of the disclosure will be issued by the NDPC. There is an appeal process and that can be resolved at the SecDef Level. In cases when the U.S. government wishes to make a disclosure above a country�s level of eligibility, the process does allow for exceptions. It may sound like a happy to glad issue, but this is an exception� not a waiver as the policy is still in place. These exceptions are vetted before the NDPC and all members are given a chance to concur, concur with provisions and conditions or even non-concur. The voting must be unanimous. Once the case has been voted, a Record of Action (RA) detailing the conditions and limitations of the disclosure will be issued by the NDPC. There is an appeal process and that can be resolved at the SecDef Level.

17. 17 For the Army, AR 380-10 is our regulation that governs how we implement National and DoD disclosure policy and law. This is also the place to go to find information on: DA International Visits Program Foreign Liaison Officer (FLO) Program Military Personnel Exchange Program Engineers and Scientists Program Cooperative Program Personnel For the Army, AR 380-10 is our regulation that governs how we implement National and DoD disclosure policy and law. This is also the place to go to find information on: DA International Visits Program Foreign Liaison Officer (FLO) Program Military Personnel Exchange Program Engineers and Scientists Program Cooperative Program Personnel

18. 18 As you can begin to see from all the slides presented so far, the reality is that most of what the Army does in the way of foreign disclosure is dictated by national level policy and guidance� all the while done in an inter-agency environmentAs you can begin to see from all the slides presented so far, the reality is that most of what the Army does in the way of foreign disclosure is dictated by national level policy and guidance� all the while done in an inter-agency environment

19. 19 Hopefully, by this point you have an understanding of what the basics are when talking about foreign disclosure.. Remember at the base is the specific language from our definition.. .That central to the process are the concepts of �Ownership� and �Eligibility� and that the U.S. Government is at the top of this process making decisions as they weigh the cost/benefit of any disclosure.Hopefully, by this point you have an understanding of what the basics are when talking about foreign disclosure.. Remember at the base is the specific language from our definition.. .That central to the process are the concepts of �Ownership� and �Eligibility� and that the U.S. Government is at the top of this process making decisions as they weigh the cost/benefit of any disclosure.

20. 20 Now that you know what foreign disclosure is�The next step is understanding who are all the folks in the foreign disclosure community.Now that you know what foreign disclosure is�The next step is understanding who are all the folks in the foreign disclosure community.

21. 21 There are folks involved with the foreign disclosure process from the Pentagon to the PX.. Ok.. Maybe not the PX, but clearly from the National to the Installation and Unit level. They are not unique to the Army as they are an integral part of the staffs at the Unified and Specified Commands. They are at the Service level. They are well represented in our acquisition community. Regardless of where you are at, you should be able to find out who you foreign disclosure officer or representative is.There are folks involved with the foreign disclosure process from the Pentagon to the PX.. Ok.. Maybe not the PX, but clearly from the National to the Installation and Unit level. They are not unique to the Army as they are an integral part of the staffs at the Unified and Specified Commands. They are at the Service level. They are well represented in our acquisition community. Regardless of where you are at, you should be able to find out who you foreign disclosure officer or representative is.

22. 22 �Well, I guess it depends on how what the definition of the word do is?� Actually, your FD folks do any number of everyday tasks associated with foreign disclosure.. In very real sense, they are implementing both National Security and National Military Strategy as they support some of these programs.�Well, I guess it depends on how what the definition of the word do is?� Actually, your FD folks do any number of everyday tasks associated with foreign disclosure.. In very real sense, they are implementing both National Security and National Military Strategy as they support some of these programs.

23. 23 In very very simple terms, there is a logical flow to this whole process. The first step is a request.. Someone is asking for a briefing or a visit or information from the U.S. government to support a program of a foreign government. The specifics of �the what� are articulated in, for example a visit request: �The Government of Cortinia wants to come to send a contingent of six officers the United States to for the purpose of gaining information on Army Transformation. They would like to visit Ft. Lewis, Ft. Leavenworth and Ft. Monroe.� OR �The Government of Atlantica would like to get a briefing on the Javelin Anti-Tank System. They are very interested in buying the Javelin as they are very happy with the Apache Helicopters they bought last year. The appropriate disclosure authority considers if they are authorized to make the disclosure. The principle document that facilitates this is the Delegation of Authority Letter or DDL. If they are not, they can seek approval or an exception. The Delegation of Disclosure Letter (DDL) will be addressed in detail in an upcoming slide. The disclosure decision/visit request is approved using the basic criteria detailed earlier: In very very simple terms, there is a logical flow to this whole process. The first step is a request.. Someone is asking for a briefing or a visit or information from the U.S. government to support a program of a foreign government. The specifics of �the what� are articulated in, for example a visit request: �The Government of Cortinia wants to come to send a contingent of six officers the United States to for the purpose of gaining information on Army Transformation. They would like to visit Ft. Lewis, Ft. Leavenworth and Ft. Monroe.� OR �The Government of Atlantica would like to get a briefing on the Javelin Anti-Tank System. They are very interested in buying the Javelin as they are very happy with the Apache Helicopters they bought last year. The appropriate disclosure authority considers if they are authorized to make the disclosure. The principle document that facilitates this is the Delegation of Authority Letter or DDL. If they are not, they can seek approval or an exception. The Delegation of Disclosure Letter (DDL) will be addressed in detail in an upcoming slide. The disclosure decision/visit request is approved using the basic criteria detailed earlier:

24. 24 Individual at the installation, MACOM and HQDA level are involved in the Visit System. This process is detailed in AR 380-10, Appendix J. Please keep in mind that a request for a visit does not mean automatic approval� Remember there must be some benefit to the USG. What you should take away from this slide is that visits are facilitated through multi-level communication and that not a visits are the same: One Time Visit: Permits a single foreign national to visit a DoD component or DoD contractor facility, single visit, normally 30 days or less; specified purpose. Recurring: Usually in connection with an established program/agreement or purpose; usually one year or less; frequently associated with co-production programs. Extended: Certification as a FLO or exchange personnel; usually no longer than two years. Individual at the installation, MACOM and HQDA level are involved in the Visit System. This process is detailed in AR 380-10, Appendix J. Please keep in mind that a request for a visit does not mean automatic approval� Remember there must be some benefit to the USG. What you should take away from this slide is that visits are facilitated through multi-level communication and that not a visits are the same: One Time Visit: Permits a single foreign national to visit a DoD component or DoD contractor facility, single visit, normally 30 days or less; specified purpose. Recurring: Usually in connection with an established program/agreement or purpose; usually one year or less; frequently associated with co-production programs. Extended: Certification as a FLO or exchange personnel; usually no longer than two years.

25. 25 If you are new to a program or are asked to serve as a contact officer for a Foreign Liaison Officer (FLO), be sure to ask about what is contained within the DDL. This document will keep you pointed up and down range as it sets the left and right limits for what can and cannot be disclosed. It is very important to note, that the DDL is not releasable to foreign nationals.If you are new to a program or are asked to serve as a contact officer for a Foreign Liaison Officer (FLO), be sure to ask about what is contained within the DDL. This document will keep you pointed up and down range as it sets the left and right limits for what can and cannot be disclosed. It is very important to note, that the DDL is not releasable to foreign nationals.

26. 26 If looking at this slide makes you think the Program Manager (PM) carries a tremendous burden and doing the right thing when it comes to foreign disclosure, you�re correct. Think of this as drawing up all the range and and safety fans before you get approval for a live-fire. Here are some good working definitions for some of these documents: Security Classification Guide: VERY HELPUL DOCUMENT. Helps identify who classified the information and at what level.. VERY SPECIFIC. Critical Program Information(CPI): Are those elements of a program, that if compromised, would permit an adversary to kill, counter or clone the system. Program Protection Plan: Addresses the identification and protection of the CPI throughout the life-cycle of the program. Technology Assessment and Control Plan (TA/CP): Delegation of Disclosure Letter (DDL): Covered PreviouslyIf looking at this slide makes you think the Program Manager (PM) carries a tremendous burden and doing the right thing when it comes to foreign disclosure, you�re correct. Think of this as drawing up all the range and and safety fans before you get approval for a live-fire. Here are some good working definitions for some of these documents: Security Classification Guide: VERY HELPUL DOCUMENT. Helps identify who classified the information and at what level.. VERY SPECIFIC. Critical Program Information(CPI): Are those elements of a program, that if compromised, would permit an adversary to kill, counter or clone the system. Program Protection Plan: Addresses the identification and protection of the CPI throughout the life-cycle of the program. Technology Assessment and Control Plan (TA/CP): Delegation of Disclosure Letter (DDL): Covered Previously

27. 27 Most people will tend to think of disclosure in terms of CAT 8; Military Intelligence. Remember we have operators in the field who are working with allies and coalition partners on a daily basis. These are just a few ways that foreign disclosure becomes an everyday issue for our forces in the field.Most people will tend to think of disclosure in terms of CAT 8; Military Intelligence. Remember we have operators in the field who are working with allies and coalition partners on a daily basis. These are just a few ways that foreign disclosure becomes an everyday issue for our forces in the field.

28. 28 Hopefully now you have an appreciation for who the members of the foreign disclosure community is, what they do, and how they go about it on a daily basis. These are examples do not constitute an exhaustive list, but are representative enough to put you on the right track.Hopefully now you have an appreciation for who the members of the foreign disclosure community is, what they do, and how they go about it on a daily basis. These are examples do not constitute an exhaustive list, but are representative enough to put you on the right track.

29. 29 This is the vision statement for Army Foreign Disclosure.. Responsive, Transparent and Focused on Support to the War Fighter.. A Strategic Enabler�This is the vision statement for Army Foreign Disclosure.. Responsive, Transparent and Focused on Support to the War Fighter.. A Strategic Enabler�

30. 30 There are a number of current issues that require innovation and effort from the foreign disclosure community: ***There must be involvement to ensure the proper balance is struck between protecting overmatch technologies and looking for international partners to ensure interoperability as well as lowering production costs. *** As The Army Transforms, what nations will require new or increased access to to our information? *** Is the foreign disclosure work force of today properly trained and tooled for the challenges of tomorrow?There are a number of current issues that require innovation and effort from the foreign disclosure community: ***There must be involvement to ensure the proper balance is struck between protecting overmatch technologies and looking for international partners to ensure interoperability as well as lowering production costs. *** As The Army Transforms, what nations will require new or increased access to to our information? *** Is the foreign disclosure work force of today properly trained and tooled for the challenges of tomorrow?

31. 31 Clearly, the Global War on Terrorism will require the United States to work with nations that a year ago were not seen a vital to our national security. What we will have to remember is although a coalition is by definition temporal in nature, the impact and ramifications of a disclosure can be frequently long lasting.Clearly, the Global War on Terrorism will require the United States to work with nations that a year ago were not seen a vital to our national security. What we will have to remember is although a coalition is by definition temporal in nature, the impact and ramifications of a disclosure can be frequently long lasting.

32. 32 The things that where mentioned earlier as being an everyday part of the disclosure community, take on a whole new perspective when seen through the eyes of the post September 11th world.The things that where mentioned earlier as being an everyday part of the disclosure community, take on a whole new perspective when seen through the eyes of the post September 11th world.

33. 33 If you have made it this far, your initial interest and understanding in the world of foreign disclosure far exceeded mine.. Hats off to you.. If you can take a way from here these basics as points of departure, then you are way ahead of the game. If nothing else, you should at least know enough to know you need to ask questions and know who to direct them to.If you have made it this far, your initial interest and understanding in the world of foreign disclosure far exceeded mine.. Hats off to you.. If you can take a way from here these basics as points of departure, then you are way ahead of the game. If nothing else, you should at least know enough to know you need to ask questions and know who to direct them to.

34. 34 This is not a bad place to start asking, if I don�t the answer (pretty safe bet).. I will put you in contact with some one who does� Be sure to check back to the Foreign Disclosure WEB Site on a regular basis for information about upcoming events as well as changes in points of contact . http://www.dami.army.pentagon.mil/offices/dami-cd/This is not a bad place to start asking, if I don�t the answer (pretty safe bet).. I will put you in contact with some one who does� Be sure to check back to the Foreign Disclosure WEB Site on a regular basis for information about upcoming events as well as changes in points of contact . http://www.dami.army.pentagon.mil/offices/dami-cd/