Post on 12-Jan-2016
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transcript
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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