DAMI-CDD Brief Foreign Disclosure 101

1. DAMI-CDD Brief Foreign Disclosure 101 or Foreign DIsclosure For Dummies (Like MAJ Grob) “If I knew what Foreign Disclosure Was…I wouldn’t be in this mess” May 2002 MAJOR DAVE GROB

2. 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.

3. OUTLINE Foreign Disclosure Basics The Foreign Disclosure Community Foreign Disclosure and Army Transformation Foreign Disclosure and the War on Terrorism

4. Foreign Disclosure The transfer of classified military information through approved channels to an authorized representative of a foreign government

5. Specific Language Transfer Classified Information Government to Government

6. Transfer Person, Place or Thing Oral, Visual, or Documentary Capabilities Briefing PATRIOT PAC/3 Raytheon Corporation

7. 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

8. Government to Government Designated Government Representative Government Controlled Information Government to Government Security Assurances

9. 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.

10. 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

11. 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.

12. 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

13. 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

14. Notional Annex A to NDP-1 Highest Level of Eligibility by country

15. Notional Annex A to NDP-1 Intent Capability General Security Agreement Industrial Security Agreement NDPC Security Survey CIA Risk Assessment Foreign Government Country A 2 Feb 64 12 Feb 66 1 Jun 96 10 Sep 95 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

16. 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

17. 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

18. Functional Issues for the Army Army actions influenced by national guidance and policy Inter-agency environment Driving force is Consistent National Policy

19. Foreign Disclosure Basics Proper Foreign Disclosure Risk Category Benefit Ownership Level of Eligibility Transfer Classified Government National Policy as the Basis

20. The Foreign Disclosure Community Who They Are… What They Do… How They Do It…

21. Who They Are… NDPC Unified Commands/Combatant Commanders HQDA PM/PEO FD Force in the Field Inter-Agency

22. A NATIONAL SECURITY STRATGEYFOR A NEW CENTURY The White House December 1999 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 National Military Strategy Shape, Respond, Prepare Now A Military Strategy for New Era

23. How They Do It… Request/Authorization Visit/Program Specifics Delegation of Disclosure Authority Letter (DDL) Disclosure Decision Record of Disclosure

24. How They Do It… Request for Visit Authorization Foreign Embassy HQDA DCS, G-2 HQDA Agencies MACOM Types of Visits One -Time Recurring Extended PEO PM MSC

25. 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

26. How They Do It… The Role of the PM…Documentation 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)

27. 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

28. A NATIONAL SECURITY STRATGEYFOR A NEW CENTURY The White House December 1999 National Military Strategy The Foreign Disclosure Community Who They Are… What They Do… How They Do It…

29. 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.

30. 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 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 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 Foreign Disclosure and Army Transformation Issues…. Future Combat System ? Protect Overmatch Capabilities PATRIOT/PAC 3?

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

32. 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?

33. Recap… Foreign Disclosure Basics The Foreign Disclosure Community Foreign Disclosure and Army Transformation Foreign Disclosure and the War on Terrorism

34. Questions? DDL CMI Transformation MAJOR DAVE GROB David.Grob@HQDA.ARMY.MIL (703) 601-1530 or http://www.dami.army.pentagon.mil/offices/dami-cd/