Table of Contents


CHAPTER 10




International Security Requirements







Section 1. General and Background Information











10-100. General.







This Chapter provides policy and procedures governing the control



of classified information in international programs. It also



provides procedures for those aspects of the ITAR that require



compliance with this Manual. (The terms used in this Chapter may



differ from those in the ITAR). This Section contains information



concerning the Federal laws and regulations, the National



Disclosure Policy, and the international agreements that govern the



disclosure of classified and other sensitive information to foreign



interests.











10-101. Policy.







The private use of classified information is not permitted except



in furtherance of a lawful and authorized Government purpose.



Government Agencies have appointed individuals to the positions of



Principal and Designated Disclosure Authorities to oversee foreign



disclosure decisions. These officials authorize the release of



their agency's classified information that is involved in the



export of articles and services. They determine that the release is



essential to the accomplishment of the specified Government



purpose; the information is releasable to the foreign government



involved; and the information can and will be adequately protected



by the recipient foreign government.







10-102. Applicable Federal Laws.











The transfer of articles and services, and related technical data,



to a foreign person, within or outside the U.S., or the movement of



such material or information to any destination outside the legal



jurisdiction of the U.S., constitutes an export. Depending on the



nature of the articles or data, most exports are governed by the



Arms Export Control Act, the Export Administration Act, and the



Atomic Energy Act.







a.   The Arms Export Control Act (AECA) (22 U.S.C. 2751). This Act



governs the export of defense articles and services, and related



technical data, that have been determined to constitute "arms,



munitions, and implements of war," and have been so designated by



incorporation in the U.S. Munitions List. The AECA is implemented



by the Department of State (Office of Defense Trade Controls) in



the ITAR (22 CFR 120 et seq.). Exports of classified defense



articles and data on the U.S. Munitions List are also subject to



the provisions of the National Disclosure Policy. The AECA requires



agreement by foreign governments to protect U.S. defense articles



and technical data provided to them.







b.   The Export Administration Act (EAA) (50 U.S.C. app. 2401



Note). This Act governs the export of articles and technical data



that are principally commercial in nature and deemed not



appropriate for inclusion on the U.S. Munitions List. The EAA is



implemented by the Department of Commerce (Bureau of Export



Administration) in the Export Administration Regulation (15 CFR 368



et seq.). This Regulation establishes a list of commodities and



related technical data known as the Commerce Control List. Some of



these controlled commodities are referred to as "dual-use." That



is, they have an actual or potential military as well as civilian,



commercial application. Therefore, export of certain dual-use



commodities requires DoD concurrence. Exports under the EAA do not



include classified information. (NOTE: The EAA expired in 1990, but



was revived in 1993 (P.L. 103-10); however, the administrative



controls have been in continuous effect under E.O. 12730 of



Sepember 30, 1990, and now E.O. 12868 of September 30, 1993).







c.   The Atomic Energy Act (AEA) of 1954, as amended (42 U.S.C.



2011). This Act provides a program of international cooperation to



promote common defense and security, and makes available to



cooperating nations the benefits of peaceful applications of atomic



energy, as expanding technology and considerations of the common



defense and security permit. RD and FRD may be shared with another



nation only under the terms of an agreement for cooperation.







d.   The Defense Authorization Act of 1984 (10 U.S.C. 130). This



Act authorizes the Secretary of Defense to withhold from public



disclosure unclassified technical data that has military or space



application, is owned or controlled by the DoD, and is subject to



license under the AECA or EAA. Canada has a similar law. A



qualified contractor in the United States and Canada that is



registered at the Joint Certification Office, Defense Logistics



Agency, may have access to this technical data in support of a U.S.



or Canadian Government requirement. A foreign contractor may have



access to the U.S. technical data upon issuance of an export



license or other written U.S. Government authorization, and their



agreement to comply with requirements specified in the export



authorization. The information that is subject to these additional



controls is identified by an export control warning and



distribution statements that describe who may have access and the



reasons for control.











10-103. National Disclosure Policy (NDP).







Decisions on the disclosure of classified military information to



foreign interests, including classified information related to



defense articles and services controlled by the ITAR, are governed



by the NDP. U.S. Government policy is to avoid creating false



impressions of its readiness to make available classified military



information to foreign interests. The policy prescribes that



commitments shall not be expressed or implied and there may be no



disclosure of any information until a decision is made concerning



the disclosure of any classified information. Decisions on the



disclosure of classified military information are contingent on a



decision by a principal or designated disclosure authority that the



following criteria are met:







a.   The disclosure supports U.S. foreign policy.







b.   The release of classified military information will not have



a negative impact on U.S. military security.







c.   The foreign recipient has the capability and intent to protect



the classified information.







d.   There is a clearly defined benefit to the U.S. Government that



outweighs the risks involved.







e.   The release is limited to that classified information



necessary to satisfy the U.S. Government objectives in authorizing



the disclosure.











10-104. Bilateral Security Agreements.







Bilateral security agreements are negotiated with various foreign



governments. Confidentiality requested by some foreign governments



prevents a listing of the countries that have executed these



agreements.







a.   The General Security Agreement, negotiated through diplomatic



channels, requires that each government provide to the classified



information provided by the other substantially the same degree of



protection as the releasing government. The Agreement contains



provisions concerning limits on the use of each government's



information, including restrictions on third party transfers and



proprietary rights. It does not commit governments to share



classified information, nor does it constitute authority to release



classified material to that government. It satisfies, in part, the



eligibility requirements of the AECA concerning the agreement of



the recipient foreign government to protect U.S. classified defense



articles and technical data. (NOTE: The General Security Agreement



also is known as a General Security of Information Agreement and



General Security of Military Information Agreement. The title and



scope are different, depending on the year the particular agreement



was signed.)







b.   Industrial security agreements have been negotiated with



certain foreign governments which identify the procedures to be



used when foreign government information is provided to industry.



The Office of the Under Secretary of Defense (Policy) negotiates



Industrial Security Agreements as an Annex to the General Security



Agreement and the Director, Defense Investigative Service, has been



delegated authority to implement the provisions of the Industrial



Security Agreements. The Director of Security, NRC, negotiates and



implements these agreements for the NRC.











Section 2. Disclosure of U.S. Information to Foreign Interests











10-200. General.







Contractors shall avoid creating false impressions of the U.S.



Government's readiness to authorize release of classified



information to a foreign entity. If the information is derived from



classified source material, is related to a classified GCA



contract, and it has not been approved for public disclosure,



advance disclosure authorization will be required. Disclosure



authorization may be in the form of an export license, a letter



authorization from the U.S. Government licensing authority, or an



exemption to the export authorization requirements.







10-201. Authorization for Disclosure.







Disclosure guidance will be provided by the GCA. Disclosure



guidance provided for a previous contract or program shall not be



used, unless the contractor is so instructed, in writing, by the



GCA or the licensing authority. Classified information normally



will be authorized for disclosure and export as listed below:







a.   Government-to-Government International Agreements. Classified



information shall not be disclosed until the agreement is signed by



the participating governments and disclosure guidance and security



arrangements are established. The export of technical data pursuant



to such agreements may be exempt from ITAR licensing requirements.







b.   Symposia, Seminars, Exhibitions, and Conferences.



Appropriately cleared foreign nationals may participate in



classified gatherings if authorized by the Head of the U.S.



Government Agency that authorizes the conduct of the conference.



All export controlled information to be disclosed shall be approved



for disclosure pursuant to an export authorization or exemption



covering the specific information and countries involved, or by



written authorization from the designated disclosure authority of



the originating Government Agency.







c.   Foreign Visits. Disclosure of classified information shall be



limited to that specific information authorized in connection with



an approved visit request or export authorization.







d.   Sales, Loans, Leases, or Grants of Classified Items.



Disclosure of classified information or release of classified



articles or services in connection with Government sales, loans,



eases, or grants shall be in accordance with security arrangements



specified by the GCA. Tests or demonstrations of U.S. classified



articles prior to a purchase of inventory quantities of the item



shall be under U.S. control unless an exception to policy is



approved by the head of the GCA.







e.   Foreign Participation in Contractor Training Activities.



Disclosure of classified information to foreign nationals



participating in training at contractor facilities shall be limited



to information that is necessary for the operation and maintenance



of, or training on, an item of equipment that has been sold to the



trainee's government.







f.   Direct Commercial Sales. The disclosure of classified



information may be authorized pursuant to a direct commercial sale



only if the proposed disclosure is in support of a U.S. or foreign



government procurement requirement, a Government contract, or an



international agreement. A direct commercial sale includes sales



under a government agency sales financing program. If a proposed



disclosure is in support of a foreign government requirement, the



contractor should consult with U.S. in-country officials (normally



the U.S. Security Assistance/Armaments Cooperation Office or



Commercial Counselor).







g.   Temporary Exports. Classified articles (including articles



that require the use of classified information for operation)



exported for demonstration purposes shall remain under U.S.



control. The request for export authorization shall include a



description of the arrangements that have been made in-country for



U.S. control of the demonstrations and secure storage under U.S.



Government control.







h.   Foreign Contractor Participation in U.S Classified Contracts.



Requests initiated by foreign contractors for classified



information shall be submitted through the foreign country's



embassy in Washington, DC, to the GCA foreign disclosure office.



Approval of the request by GCA does not alleviate the requirement



for a U.S. contractor to obtain an export authorization.











10-202. Direct Commercial Arrangements.







An export authorization is required before a contractor makes a



proposal to a foreign person that involves the eventual disclosure



of U.S. classified information. The contractor should obtain the



concurrence of the GCA before submitting an export authorization



request. To expedite disclosure and export decisions, the request



for export authorization should include the following:







a.   The U.S. or foreign government requirement that justifies the



proposed export.







b.   The type and classification level of any classified



information and other export controlled technical information that



ultimately would have to be exported, and the name, address, and



telephone number of the Government entity that originated the



classified information.







c.   Identification of any prior licenses for the same articles or



data.







d.   A discussion of how U.S. operational and technology interests



can be protected.







e.   An evaluation of foreign availability of similar articles or



technology.







f.   The name, address, and telephone number of a U.S. and/or



foreign government official who is knowledgeable concerning the



government requirement.







g.   The name, address, and telephone number of the CSA for U.S.



contractors.







h.Any proposed security requirements that may require U.S. and/or



foreign government approval.







i.   Proposed transfer arrangements.







j.   A Technology Control Plan (TCP), if applicable.











10-203. Retransfer and Security Assurances.







a.   Requests for export authorizations that will involve the



transfer of significant military equipment or classified material



shall be accompanied by a Department of State Form DSP-83,



Non-Transfer and Use Certificate. If classified material is



involved, the form shall be signed by an official of the



responsible foreign government who has the authority to certify



that the transfer is for government purposes and that the



classified material will be protected in compliance with a



government-to-government security agreement.







b.   If the transfer of classified material is not covered by a



government-to-government agreement containing security



requirements, an agreement will be necessary prior to the transfer



of the material.







c.   If a foreign government official refuses to sign the Form



DSP-83, citing an existing agreement as the basis for refusal, that



official should be requested to contact the Department of State,



Office of Defense Controls, in writing, through its embassy in



Washington, D.C. to address the requirement. The correspondence



shall cite the existing agreement and certify that the material to



be transferred is for government purposes and will be protected in



compliance with the cited agreement.











10-204. Contract Security Requirements.







a.   When a U.S. contractor is authorized to award a subcontract or



enter into a Manufacturing License Agreement, Technical Assistance



Agreement, or other direct commercial arrangement with a foreign



contractor that will involve classified information, security



requirements clauses will be incorporated in the subcontract



document or agreement and security classification guidance via a



Contract Security Classification Specification will be provided



(see page 10-2-4). Two copies of the signed contract with the



clauses and the classification guidance shall be provided to the



CSA. If the export authorization specifies that additional security



arrangements are necessary for performance on the contract,



contractor developed arrangements shall be incorporated in



appropriate clauses in the contract or in a separate security



document.







b.   The contractor shall prepare and maintain a written record



that identifies the originator or source of classified information



that will be used in providing defense articles or services to



foreign customers. The contractor shall maintain this listing with



the contractor's record copy of the pertinent export authorization.



Security Clauses for International Contracts



Security clauses, substantially as shown below, shall be included



in all contracts and subcontracts involving classified information



that are awarded to foreign contractors.







     1.   All classified information and material furnished or



generated pursuant to this contract shall be protected as follows:







          a.   The recipient will not release the information or



     material to a third-country government, person, or firm



     without the prior approval of the releasing government.







          b.   The recipient will afford the information and



     material a degree of protection equivalent to that afforded it



     by the releasing government; and







          c.   The recipient will not use the information and



     material for other than the purpose for which it was furnished



     without the prior written consent of the releasing government.







     2.   Classified information and material furnished or



generated pursuant to this contract shall be transferred through



government channels or other channels specified in writing by the



Governments of the United States and (insert applicable country)



and only to persons who have an appropriate security clearance and



an official need for access to the information in order to perform



on the contract.







     3.   Classified information and material furnished under this



contract will be remarked by the recipient with its government's



equivalent security classification markings.







     4.   Classified information and material generated under this



contract must be assigned a security classification as specified by



the contract security classification specifications provided with



this contract.







     5.   All cases in which it is known or there is reason to



believe that classifed information or material furnished or



generated pursuant to this contract has been lost or disclosed to



unauthorized persons shall be reported promptly and fully by the



contractor to its government's security authorities.







     6.   Classified information and material furnished or



generated pursuant to this contract shall not be further provided



to another potential contractor or subcontractor unless:



          a.   A potential contractor or subcontractor which is



     located in the United States or (insert applicable country)



     has been approved for access to classified information and



     material by U.S. or (insert applicable country) security



     authorities; or,



          b.   If located in a third country, prior written consent



     is obtained from the United States Government.



     7.   Upon completion of the contract, all classified   



material furnished or generated pursuant to the contract will be



returned to the U.S. contractor or be destroyed.



     8.   The recipient contractor shall insert terms that



substantially conform to the language of these clauses, including



this clause, in all subcontracts under this contract   that involve



access to classified information furnished or generated under this



contract.











Section 3. Foreign Government Information











10-300. General.







Foreign government information shall retain its original



classification markings or shall be assigned a U.S. classification



that provides a degree of protection at least equivalent to that



required by the entity that furnished the information. This Section



provides additional requirements for protecting and controlling



access to foreign government information provided to U.S.



contractors.























10-301. Policy.







The contractor shall notify the CSA when awarded contracts by a



foreign interest that will involve access to classified



information. The CSA shall administer oversight and ensure



implementation of the security requirements of the contract on



behalf of the foreign government, including the establishment of



channels for the transfer of classified material.











10-302. Marking Foreign Government Classified Material.







Foreign government designations for classified information



generally parallel U. S. security classification designations.



However, some foreign governments have a fourth level of



classification, RESTRICTED, for which there is no equivalent U.S.



classification. The information is to be protected and marked as



CONFIDENTIAL information. When other foreign government material is



received, the equivalent U.S. classification and the country of



origin shall be marked on the front and back in English. Foreign



government classification designations and the U.S. equivalents are



shown in Appendix B.











10-303. Marking U.S. Documents That Contain Foreign Government



Information.







U.S. documents that contain foreign government information shall be



marked on the front, "THIS DOCUMENT CONTAINS FOREIGN GOVERNMENT



(indicate level) INFORMATION." In addition, the portions shall be



marked to identify the classification level and the country of



origin, e.g., (UK-C); (GE-C). If a foreign government indicates



that it does not want to be identified, applicable paragraphs shall



be marked FGI together with the appropriate classification, e.g.,



(FGI-S). The "Classified by" line shall identify U.S. as well as



foreign classification sources. If the foreign government does not



want to be identified, a separate record shall be maintained. The



"Declassify on" line shall contain the notation, "ORIGINATING



AGENCY'S DETERMINATION REQUIRED" or "OADR." A U.S. document, marked



as described herein, shall not be downgraded below the highest



level of foreign government information contained in the document



or be declassified without the written approval of the foreign



government that originated the information. Recommendations



concerning downgrading or declassification shall be submitted to



the CSA.











10-304. Marking Documents Prepared For Foreign Governments.











Documents prepared for foreign governments that contain U.S. and



foreign government information shall be marked as prescribed by the



foreign government. In addition, they shall be marked on the front,



"THIS DOCUMENT CONTAINS UNITED STATES CLASSIFIED INFORMATION."



Portions shall be marked to identify the U.S. classified



information. The record specified in paragraph 10-204b shall be



maintained.











10-305. PCL, FCL, and Briefing Requirements.







PCLs and FCLs issued by the U.S. Government are valid for access to



classified foreign government information of a corresponding level.



Contractor employees will be briefed and acknowledge in writing



their responsibilities for handling foreign government information



prior to being granted access.











10-306. Storage, Control, and Accountability.







Foreign government material shall be stored and access controlled



generally in the same manner as U.S. classified material of an



equivalent classification. The procedures shall ensure that the



material can be located at all times and access is limited to only



those persons who require access for the specific purpose for which



the information was provided by the originating government. Foreign



government material shall be stored in a manner that will avoid



commingling with other material which may be accomplished by



establishing separate files in a storage container. Annual



inventories are required for TOP SECRET and SECRET material.











10-307. Disclosure and Use Limitations.







Foreign government information shall not be disclosed to nationals



of a third country, including intending citizens, or to any other



third party, or be used for other than the purpose for which it was



provided, without the prior written consent of the originating



foreign government. Requests for other uses or further disclosure



shall be submitted to the GCA for U.S. contracts, and through the



CSA for direct commercial contracts. Approval of the request does



not alleviate the requirement for the contractor to obtain an



export authorization.











10-308. Exports of Foreign Government Information.







An export authorization is required for the export or re-export of



export-controlled foreign government information except for



technical data being returned to the original source of import. All



requests for export authorization for foreign government



information shall clearly identify and distinguish between the



foreign government information and any U.S. information involved in



the same request. Foreign government information shall not be



exported to a third party without the prior consent of the



originating government. A copy of such consent shall be provided in



writing to the Office of Defense Trade Controls, Department of



State, with an information copy to the CSA.







10-309. Transfer.







Foreign government information shall be transferred within the



U.S., its possessions, or territories, using the same channels as



specified by this Manual for U.S. classified information of an



equivalent classification except that uncleared commercial delivery



services shall not be used. The transfer of foreign government



information to areas outside the U.S. shall be through



government-to-government channels











10-310. Contract Security Requirements.







The foreign entity that awards a classified contract is responsible



for providing appropriate security classification guidance and any



security requirements clauses. The failure of a foreign entity to



provide classification guidance shall be reported to the CSA.











10-311. Public Disclosure.







The public disclosure of foreign government information requires



the prior written approval of the contracting foreign government.











10-312. Subcontracting.







a.   A U.S. contractor may award a subcontract that involves access



to foreign government information to another contractor within the



U.S., its possessions or territories, except as described in



subparagraph b, below, upon verifying with the CSA that the



prospective subcontractor has the appropriate FCL and storage



capability. The contractor awarding a subcontract shall provide



appropriate security classification guidance and incorporate the



pertinent security requirements clauses in the subcontract.







b.   Subcontracts involving foreign government information shall



not be awarded to a contractor in a third country or to a U.S.



company with a limited FCL based on third-country ownership,



control, or influence without the express written consent of the



originating foreign government. The CSA will coordinate with the



appropriate foreign government authorities to resolve the matter.











10-313. Reproduction.







The reproduction of foreign government TOP SECRET information



requires the written approval of the originating government.



Reproduced copies of all foreign government information shall be



controlled, protected, and accounted for in the same manner as the



original version.















10-314. Disposition.







Foreign government information shall be returned to the GCA or



foreign government that provided the information, upon completion



of the contract, unless the contract specifically authorizes



destruction or retention of the information. TOP SECRET and SECRET



destruction must be witnessed; destruction certificates are



required for foreign government material and shall be retained for



3 years. 











10-315. Loss, Compromise, or Suspected Compromise.







The loss, compromise, or suspected compromise of foreign government



material shall be reported promptly to the CSA.











10-316. Reporting of Improper Receipt of Foreign Government



Material.







The contractor shall report to the CSA the receipt of classified



material from foreign interests that is not received through



government channels.











10-317. Processing Foreign Government Classified Information on



AISs.







Foreign government information shall be processed on an AIS



accredited to the appropriate classification level.



Section 4. International Transfers











10-400. General.







This Section contains the procedures for international transfers of



classified material. The requirements in this Section do not apply



to the transmission of classified material to U.S. Government



activities outside the United States. Copies of the forms, plans



and certificates discussed in this Section may be obtained from the



CSO.











10-401. Policy.







All international transfers of classified material shall take place



through government - to - government channels. Control and



accountability of classified material must be maintained until the



material is officially transferred to the intended recipient



government through its designated government representative (DGR).







a.   To ensure Government accountability, written transmission



instructions shall be prepared for all international transfers of



classified material. If the transfer involves the use of a



commercial carrier or freight forwarder, the instructions shall be



fully described in a Transportation Plan (TP). The instructions



shall be approved by the CSA and the recipient government security



authorities. Preparation of the instructions shall be the



responsibility of: (1) The contractor for commercial contracts; and



(2) The executing government agency for Government contracts.







b.   In urgent situations, the CSA may authorize appropriately



cleared contractor employees to handcarry classified material.







c.   The CSA shall be contacted at the earliest possible stage in



deliberations that will lead to the international transfer of



classified material. The CSA shall advise the contractor on the



transfer arrangements, identify the recipient government's DGR,



appoint a U.S. government employee as the U.S. DGR, and ensure that



the transportation plan prepared by the contractor or government is



adequate.















10-402. Transfers of Freight.







a.   Government Agency Sales. Classified material to be furnished



to a foreign government under such transactions normally will be



shipped via government agency-arranged transportation, such as the



DTS, and be transferred to the foreign government's DGR within the



recipient government's territory. In any Government Agency sales



case, the Government Agency that executes the sale is responsible,



in coordination with the recipient foreign government, for



preparing a TP. When the point of origin is a U.S. contractor



facility, the GCA shall provide the contractor and the applicable



CSA a copy of the TP and the applicable Letter of Offer and



Acceptance (LOA). If a freight forwarder is to be used in



processing the shipment, the freight forwarder and its CSA also



shall be provided a copy of the TP by the GCA.







b.   Commercial Contracts. The contractor shall prepare a TP in



coordination with the receiving government security officials. This



requirement applies whether the material is to be moved by land,



sea, or air, and applies to U.S. and foreign classified contracts.



After the CSA approves the TP, it shall be forwarded to the



recipient foreign government security authorities for final



coordination and approval.







c.   Transportation Plan (TP). A requirement to prepare a TP shall



be included in each contract that involves the international



transfer of classified material as freight. The TP shall describe



arrangements for the secure shipment of the material from the point



of origin to the ultimate destination. The U.S. and recipient



government DGRs shall be identified in the TP. The TP shall provide



for security arrangements in the event the transfer cannot be made



promptly. When there are to be repetitive shipments, a Notice of



Classified Consignment will be used. The shipment must be



accompanied by an appropriately cleared escort.







d.   International Carriers. The international transfer of



classified material shall be made using only ships, aircraft, or



other carriers that:



     (1)  Are owned or chartered by the U.S Government or under



U.S. registry



     (2)  Are owned or chartered by or under the registry of the



recipient government







     (3)  Are carriers other than those described that are



expressly authorized to perform this function in writing by the



Designated Security Authority of the GCA and the security



authorities of the foreign government involved. This authority



shall not be delegated and this exception may be authorized only



when a carrier described in (1) or (2), above, is not available



and/or an urgent operational requirement dictates use of the



exception.











10-404. Return of Material for Repair, Modification, or



Maintenance.







A foreign government or contractor may return classified material



to a U.S. contractor for repair, modification, or maintenance. The



approved methods of return shall be specified in either the GCA



sales contract, the security requirements section of a direct



commercial sales contract, or, in the case of material transferred



as freight, in the original TP. The contractor, upon receipt of



notification that classified material is to be received, will



notify the applicable CSA. The CSA shall contact the applicable



foreign government security officials and arrange for secure



transportation within the United States.











10-405. Use of Freight Forwarders.







a.   A commercial freight forwarder may be used to arrange for the



international transfer of classified material as freight. The



freight forwarder must be under contract to a Government Agency,



U.S. contractor, or the recipient foreign government. The contract



shall describe the specific functions to be performed by the



freight forwarder. The responsibility for security and control of



the classified material that is processed by freight forwarders



remains with the U.S. Government until the freight is transferred



to a DGR of the recipient government.







b.   Only freight forwarders that have a valid FCL and storage



capability at the appropriate level are eligible to take custody,



or possession of classified material for delivery as freight to



foreign recipients. Freight forwarders that only process



unclassified paperwork and make arrangements for the delivery of



classified material to foreign recipients do not require an FCL.















10-406. Handcarrying Classified Material.







To meet an urgent need, the CSA may authorize contractor employees



to handcarry classified material outside the United States. SECRET



is the highest level of classified material to be carried and it



shall be of such size and weight that the courier can retain it in



his or her possession at all times. The CSA shall ensure that



necessary arrangements are made with U.S. airport security and



customs officials and that security authorities of the receiving



government approve the plan. If the transfer is pursuant to a



contract or a bilateral or multinational government program, the



request shall be approved in writing by the GCA. The CSA shall be



notified by the contractor of a requirement under this Section at



least 5 work days in advance of the transfer. Furthermore:







a.   The courier shall be a full-time, appropriately cleared



employee of the dispatching contractor.







b.   The courier shall be provided with a Courier Certificate that



shall be consecutively numbered and be valid for one journey only.



The journey may include more than one stop, if approved by the CSA



and secure Government storage has been arranged at each stop. The



Courier Certificate shall be returned to the dispatching security



officer immediately upon completion of the journey.







c.   Before commencement of each journey, the courier shall read



and initial the Notes to the Courier attached to the Courier



Certificate and sign the Courier Declaration . The Declaration



shall be maintained by the FSO until completion of the next



security inspection by the CSA.







d.   The material shall be inventoried, and shall be wrapped and



sealed in the presence of the U.S. DGR. The address of the



receiving security office and the return address of the dispatching



company security office shall be shown on the inner envelope or



wrapping. The address of the receiving government's DGR shall be



shown on the outer envelope or wrapping along with the return



address of the dispatching office.







e.   The dispatching company security office shall prepare three



copies of a receipt based on the inventory, and list the classified



material involved. One copy of the receipt shall be retained by the



dispatching company security office and the other two copies shall



be packed with the classified material. The security office shall



obtain a receipt for the sealed package from the courier.







f.   The dispatching company security office shall provide the



receiving security office with 24 work hours advance notification



of the anticipated date and time of the courier's arrival, and the



identity of the courier. The receiving security office shall notify



the dispatching company security office if the courier does not



arrive within 8 hours of the expected time of arrival. The



dispatching security office shall notify its DGR of any delay,



unless officially notified otherwise of a change in the courier's



itinerary.







g.   The receiving DGR shall verify the contents of the consignment



and shall sign the receipts enclosed in the consignment. One copy



shall be returned to the courier. Upon return, the courier shall



provide the executed receipt to the dispatching security office.







h.   Throughout the journey, the consignment shall remain under the



direct personal control of the courier. It shall not be left



unattended at any time during the journey, in the transport being



used, in hotel rooms, in cloakrooms, or other such location, and it



may not be deposited in hotel safes, luggage lockers, or in luggage



offices. In addition, envelopes and packages containing the



classified material shall not be opened en route, unless required



by customs or other government officials.







i.   When inspection by government officials is unavoidable, the



courier shall request that the officials provide written



verification that they have opened the package. The courier shall



notify the FSO as soon as possible. The FSO shall notify the U.S.



DGR. If the inspecting officials are not of the same country as the



dispatching security office, the designated security authority in



the country whose officials inspected the consignment also shall be



notified by the CSA. Under no circumstances shall the classified



consignment be handed over to customs or other officials for their



custody.







j.   When carrying classified material, the courier shall not



travel by surface routes through third countries, except as



authorized by the CSA. The courier shall travel only on carriers



described in 10-403d, and travel direct routes between the U.S. and



the destination.











10-407. Classified Material Receipts.







There shall be a continuous chain of receipts to record



international transfers of all classified material from the



contractor through the U.S. DGR and the recipient DGR to the



ultimate foreign recipient. The contractor shall retain an active



suspense record until return of applicable receipts for the



material. A copy of the external receipt that records the passing



of custody of the package containing the classified material shall



be retained by the contractor and each intermediate consignee in a



suspense file until the receipt that is enclosed in the package is



signed and returned. Follow-up action shall be initiated through



the CSA if the signed receipt is not returned within 45 days. The



contractor shall retain the receipt for 2 years.







10-408. Contractor Preparations for International Transfers



Pursuant to Commercial and User Agency Sales.







The contractor shall be responsible for the following preparations



to facilitate international transfers:







a.   Ensure that each party that will be involved in the transfer



is identified in the applicable contract or agreement, and in the



license application or letter request.







b.   Notify the appropriate U.S. DGR when the material is ready.







c.   Provide documentation or written certification by an empowered



official (as defined in the ITAR) to the U.S. DGR to verify that



the classified shipment is within the limitations of the pertinent



export authorization or an authorized exemption to the export



authorization requirements, or is within the limitations of the



pertinent GCA contract.







d.   Have the classified shipment ready for visual review and



verification by the DGR. As a minimum this will include:



     (1)  Preparing the packaging materials, address labels, and



receipts for review.



     (2)  Marking the contents with the appropriate U.S.



classification or the equivalent foreign government classification,



downgrading, and declassification markings, as applicable.



     (3)  Ensuring that shipping documents (including, as



appropriate, the Shipper's Export Declaration) include the name and



telephone number of the CSA that validates the license or letter



authorization, and the FSO or his or her designee for the



particular transfer.



     (4)  Have sent advance notification of the shipment to the



CSA, the recipient, and to the freight forwarder, if applicable.



The notification will require that the recipient confirm receipt of



the shipment or provide notice to the contractor if the shipment is



not received in accordance with the prescribed shipping schedule.











10-409. Transfers of Technical Data Pursuant to an ITAR Exemption.







a.   The contractor shall provide to the DGR valid documentation



(i.e., license, Letter of Offer and Acceptance, or agreement) to



verify the export authorization for classified technical data to be



transferred pursuant to an ITAR exemption. The documentation shall



include a copy of the Form DSP-83 associated with the original



export authorization.







b.   Classified technical data to be exported pursuant to ITAR



exemption 125.4(b)(1) shall be supported by a written authorization



signed by a principal disclosure authority or designated disclosure



authority of the Government Agency. A copy of the authorization



shall be provided by the contractor through the CSA to the Office



of Defense Trade Controls.







c.   Exports shall not be permitted under a Manufacturing License



or Technical Assistance Agreement for which the authorization has



expired.



















Section 5. International Visits and Control of Foreign Nationals











10-500. General.







This Section describes the procedures that the United States and



foreign governments have established to control international



visits to their organizations and cleared contractor facilities. It



also describes procedures for controlling access to sensitive areas



and information by foreign national employees.











10-501. Policy.







a.   All requests for international visits shall be processed in



compliance with the requirements of this Section.







b.   The contractor shall establish procedures to monitor



international visits by their employees and visits or assignments



to their facilities of foreign nationals to ensure that the



disclosure of, and access to, export-controlled articles and



related information are limited to those that are approved by an



export authorization.







c.   Visit authorizations shall not be used to employ or otherwise



acquire the services of foreign nationals that require access to



export-controlled information; an export authorization is required



for such situations.











10-502. Types and Purpose of International Visits.







Visit requests are necessary to make administrative arrangements,



obtain security assurances, and disclosure decisions. There are



three types of international visits.







a.   One-time Visits. A visit for a single, short-term occasion



(normally less than 30 days) for a specified purpose.







b.   Recurring Visits. Intermittent, recurring visits over a



specified period of time, normally up to 1 year in duration, in



support of a Government-approved arrangement, such as an agreement,



contract, or license. By agreement of the governments, the term of



the authorization may be for the duration of the arrangement,



subject to annual review, and validation.







c.   Extended Visits. A single visit for an extended period of



time, normally up to 1 year, in support of an agreement, contract,



or license. (NOTE: Some governments have only two categories of



visits (one-time and recurring) and refer to an extended visit as



a one-time, long-term visit.)















10-503. Emergency Visits.







Some foreign governments will accept a visit request submitted



within 7 calendar days of the proposed visit for an "emergency



visit." To qualify as an emergency visit, the visit must relate to



a specific Government-approved contract, international agreement or



announced request for proposal, and failure to make the visit



reasonably could be expected to seriously jeopardize performance on



the contract or program, or result in the loss of a contract



opportunity. Emergency visits are only approved as a single,



one-time visit. The requester should coordinate the emergency visit



in advance with the person to be visited and ensure that the



complete name, grade or position, address, and telephone number of



the person and a knowledgeable foreign government point of contact



are provided in the visit request, along with the identification of



the contract, agreement, or program and the justification for



submission of the emergency visit request.











10-504. Requests for Recurring Visits.







Recurring visit authorizations should be requested at the beginning



of each program. After approval of the request, individual visits



may be arranged directly with the security office of the location



to be visited subject to three working days advance notice.











10-505. Amendments.







Visit requests that have been approved or that are being processed



may be amended only to change, add, or delete names and change



dates. Amendments that request earlier dates than originally



specified shall not be accepted. Emergency visit authorizations



shall not be amended.











10-506. Visits Abroad by U.S. Contractors.







Many foreign governments require the submission of a visit request



for all visits to a government facility or a cleared contractor



facility, even though classified information may not be involved.



They also require that the requests be received a specified number



of days in advance of the visit. These lead times for NATO



countries are attached. An export authorization must be obtained if



export controlled technical data is to be disclosed or if



information to be divulged is related to a classified U.S.



Government program, unless the disclosure of the information is



covered by an ITAR exemption. Visit request procedures are outlined



as follows:







a.   Request Format. The visit request format is contained on pages



10-5-4 and 10-5-5 and shall be forwarded to the CSA. The host for



the visit should coordinate the visit in advance with appropriate



government authorities who are required to approve the visit. It is



the visitor's responsibility to ensure that such coordination has



occurred.







b.   Government Agency Programs. When contractor employees are to



visit foreign government facilities or foreign contractors on U.S.



Government orders in support of a Government contract or agreement,



a visit request also shall be submitted by the contractor.











10-507. Visits by Foreign Nationals to U.S. Contractor Facilities.







Requests for visits by foreign nationals to U.S. contractor



facilities that will involve the disclosure of (a) U.S. classified



information, (b) Unclassified information related to a U.S.



Government classified program, or (c) Plant visits covered by



Section 125.5 of the ITAR, shall be processed through the



sponsoring foreign government (normally the visitor's embassy) to



the U.S. Government Agency for approval. (NOTE: Requests for visits



by foreign nationals that involve only commercial programs and



related unclassified information may be submitted directly to the



contractor. It is the contractor's responsibility to ensure that an



export authorization is obtained, if applicable.) As described



below, the U.S. Government Agency may approve or deny the request,



or decline to render a decision.







a.   Government-Approved Visits. U.S. Government-approved visits



constitute an exemption to the export licensing provisions of the



ITAR. U.S. Government approved visits shall not be used to avoid



the export licensing requirements for commercial initiatives. When



the cognizant U.S. Government Agency approves a visit, the



notification of approval shall contain instructions on the level



and scope of classified and unclassified information authorized for



disclosure, as well as any limitations. Final acceptance of the



visit shall be subject to the concurrence of the contractor who



shall notify the U.S. Government Agency when a visit is not



desired.







b.   Visit Request Denials. If the U.S. Government Agency does not



approve the disclosure of the information related to the proposed



visit, it will deny the visit request. The requesting government



and the contractor to be visited shall be advised of the reason for



the denial. The contractor may accept the visitor(s). However, only



information that is in the public domain may be disclosed.







c.   Non-Sponsorship. The U.S. Government Agency will decline to



render a decision on a visit request that is not in support of a



U.S. Government program. A declination notice, indicating that the



visit is not Government approved (i.e., the visit is



non-sponsored), shall be furnished to the requesting foreign



government with an information copy to the U.S. contractor to be



visited. A declination notice does not preclude the visit, provided



the contractor has, or obtains, an export authorization for the



information involved and, if classified information is involved,



has been notified that the requesting foreign government has



provided the required security assurance of the proposed visitor to



the U.S. Government Agency in the original visit request. It shall



be the responsibility of the contractor to consult applicable



export regulations to determine licensing requirements regarding



the disclosure of export controlled information during such visits



by foreign nationals.







d.   Access by Foreign Visitors to Classified Information. The



contractor shall establish procedures to ensure that foreign



visitors are not afforded access to classified information and



other export-controlled technical data except as authorized by an



export license, approved visit request, or other exemption to the



licensing requirements. The contractor shall not inform the foreign



visitor of the scope of access authorized or of the limitations



imposed by the Government. Foreign visitors shall not be given



custody of classified material except when they are acting as an



official courier of their government and the CSA authorizes the



transfer.







e.   Visitor Records. Contractor visitor records shall clearly



identify foreign visitors.







f.   Visits to Subsidiaries. A visit request authorization for a



visit to a parent facility also may be used for visits to other



divisions or subsidiaries of the same company provided disclosures



are for the same purpose, the information to be disclosed does not



exceed the parameters of the approved visit request, and the U.S.



Government Agency concurs.











10-508. Control of Access by On-Site Foreign Nationals







a.   Extended visits and assignments of foreign nationals to



contractor facilities shall be authorized only when it is essential



that the foreign national be at the facility pursuant to a contract



or Government agreement (e.g., joint venture, liaison



representative to a joint or multinational program, or direct



commercial sale).







b.   If the foreign national will require access to



export-controlled information related to, or derived from, a U.S.



Government classified contract, the contractor shall obtain the



written consent of the GCA prior to making a commitment to accept



the proposed visit or assignment. A copy of the written consent



shall be included with the request for export authorization, when



such authorization is required.







c.   The applicable CSA shall be notified in advance of all



extended visits and assignments of foreign nationals to cleared



contractor facilities. The notification shall include a copy of the



approved visit authorization or the U.S. Government export



authorization, and the Technology Control Plan (TCP).







d.   U.S. and foreign government classified material in a U.S.



contractor facility is to remain under U.S. contractor custody and



control and is subject to inspection by the FSO and the CSA. This



does not preclude a foreign visitor from being furnished a security



container for the temporary storage of classified material,



consistent with the purpose of the visit or assignment, provided



the CSA approves, and responsibility for the container and its



contents remains with the U.S. contractor. Exceptions to this



policy may be approved on a case-by-case basis by the CSA for the



storage of foreign government classified information furnished to



the visitor by the visitor's government through government



channels. Exceptions shall be approved in advance, in writing, by



the CSA, and agreed to by the visitor's government. The agreed



procedures shall be included in the contractor's TCP, shall require



the foreign nationals to provide receipts for the material, and



shall include an arrangement for the CSA to ensure compliance,



including provisions for the CSA to inspect and inventory the



material.











10-509. TCP.







A TCP is required to control access by foreign nationals assigned



to, or employed by, cleared contractor facilities unless the CSA



determines that procedures already in place at the contractor's



facility are adequate. The TCP shall contain procedures to control



access for all export-controlled information. A sample of a TCP may



be obtained from the CSA.











10-510. Security and Export Control Violations Involving Foreign



Nationals.







Any violation of administrative security procedures or export



control regulations by foreign visitors or foreign national



employees shall be reported to the CSA.







Standard Request For Visit Format







I.   This matrix contains the instructions for the completion of a



Request for Visit (RFV). The visit request must be submitted



through the Facility Security Officer to the applicable Clearance



Agency. The RFV format in Section II below, will be used for all



requests for international visits as follows:



     a.   A separate request must be submitted for each program,



project, or contract.



     b.   A separate request must be submitted for each country to



be visited.



     c.   Subject to Government Agency restrictions, multiple



locations may be listed for each country provided each location is



involved in the same program, project, or contract.



     d.   The RFV may be locally produced on a form or form letter



provided the specified format is followed. Information given to



answer each data element must be typed or printed in block letters



so that it is legible.



     e.   Most countries have established a specified number of



working days that a visit request must be received for processing



prior to the visit. The chart in Section III below, lists this



information for the NATO member nations. 







II.  The RFV format will be completed in compliance with the format



and instructions listed below. The Subject line of the request



should state: Request for Visit Authorization - (insert name of



country). The date of the request must be included in the heading.



A reference should be made to any correspondence that supports the



proposed visit, particularly if the reference includes an



invitation.







1.   REQUESTING FACILITY. Provide the full name and postal address



(include city, state, country, and postal zone) and the name,



organization, and telephone and telefax numbers of a person who is



knowledgeable of the purpose of the visit.







2.   GOVERNMENT AGENCY OR INDUSTRIAL FACILITY TO BE VISITED.



Provide the full name and postal address (include city, state,



country, and postal zone) and telefax and telephone number of the



person with whom arrangements have been made for the visit at the



facility.



(NOTE: An Annex should be used if more than two locations are to be



visited. In such case, the statement. See also Annex __ should be



included.)







3.   DATES OF VISIT. Provide the actual date or period



(date-to-date) of the visit by day-month-year.







4. TYPE OF VISIT. Specify whether the visit is a government



initiative or commercial initiative and whether the visit is being



initiated by the requesting facility or the facility to be visited.



Government initiative will be specified only if the visit is in



support of an authorized government program, which must be fully



described in item 7.







5.   SUBJECT TO BE DISCUSSED/JUSTIFICATION. Give a concise



description of the issues or subjects to be discussed and the



reason for the visit. Do not use unexplained abbreviations. In the



case of a request for recurring visits, this item should state



Recurring Visits as the first words in the data element (e.g.,



Recurring Visits to discuss . . .).







6.   ANTICIPATED LEVEL OF CLASSIFIED INFORMATION TO BE INVOLVED.



Indicate SECRET, CONFIDENTIAL, RESTRICTED, or UNCLASSIFIED as



applicable, and country of origin of the information.







7.   PERTINENCE OF VISIT. Specify the full name of the government



program, agreement, or sales contract (e.g., FMS case), or request



for proposal or tender offer, using commonly used or explained



abbreviations only.











8.   PARTICULARS OF VISITOR.







NAME:     Family name, followed by forename in full and middle



initial(s).



DOB:      Date of birth (day-month-year).



POB:      Place of birth (city, state, and country).



SC:  Security clearance status (e.g., TS, S, C). Indicate NATO



clearance if the visit is related to NATO business.



ID-PP:    Enter the passport number.



NATIONALITY:   Enter citizenship.



POSITION:      Provide the position the visitor holds in the



organization (e.g., director, product manager, etc.)



COMPANY?  Provide the name of the government agency or industrial



facility that the 



AGENCY    visitor represents if different from item 1.







NOTE: If more than 2 visitors are involved in the visit, a



continuation sheet should be used. In that case item 8 should state



"SEE ANNEX_, NUMBER OF VISITORS:. . . (state the number of



visitors).







9.   SECURITY OFFICER OF THE REQUESTING CONTRACTOR. Provide the



name and telephone number of the requesting Facility Security



Officer.







10.  CERTIFICATION OF SECURITY CLEARANCE. Do not fill in (to be



completed by the Government Clearance Agency).







NOTE: Item 10 also may be filled in by the appropriate official of



the U.S. Embassy in the country to be visited or the applicable



Office of Industrial Security International (OISI).







11.  REMARKS.



     (a)  This item can be used for certain administrative



requirements (e.g., proposed itinerary, request for hotel



reservations, and/or transportation).



     (b)  In the case of an Emergency Visit, the name, telephone,



and telefax numbers of the knowledgeable person with whom advance



arrangements have been made should be stated.







III. Lead-times (i.e., the number of days in advance that the



request must be received by the host government) for NATO nations



are as follows:



     



                    One-time and Recurring Visits      Amendments







     Belgium                  14                             9



     Canada                   20                            10



     Denmark                   7                             5



     France                   25                             5



     Germany                  25                            10



     Greece                   20                            10



     Italy                    14                             7



     Luxembourg               10                             9



     Netherlands              20                             5



     Norway                   15                            10



     Portugal                 20                             7



     Spain                    25                             8



     Turkey                   15                            10



     United Kingdom           21                             5











Section 6. Contractor Operations Abroad











10-600. General.







This Section sets forth requirements governing contractor



operations abroad, including PCLs for U.S. contractor employees



assigned outside the U.S. and their access to classified



information.







10-601. Access by Contractor Employees Assigned Outside the United



States.







a.   Contractor employees assigned outside the United States, its



possessions or territories may have access to classified



information in connection with performance on a specified United



States, NATO, or foreign government classified contract.







b.   The assignment of an employee who is a foreign national,



including intending citizens, outside the U.S. on programs that



will involve access to classified information is prohibited and



negates the basis on which an LAA may have been provided to such



employee.







c.   A consultant shall not be assigned outside the United States



with responsibilities that require access to classified



information.











10-602. Storage, Custody, and Control of Classified Information



Abroad by Employees of a U.S. Contractor.







a.   The storage, custody, and control of classified information



required by a U.S. contractor employee abroad is the responsibility



of the U.S. Government. Therefore, the storage of classified



information by contractor employees at any location abroad that is



not under U.S. Government control is prohibited. The storage may be



at a U.S. military facility, a U.S. Embassy or Consulate, or other



location occupied by a U.S. Government organization.







b.   A contractor employee may be furnished a security container to



temporarily store classified material at a U.S. Government Agency



overseas location. The decision to permit a contractor to



temporarily store classified information must be approved in



writing by the senior security official for the U.S. Government



host organization.







c.   A contractor employee may be permitted to temporarily remove



classified information from an overseas U.S. Government controlled



facility, when necessary for the performance of a GCA contract or



pursuant to an approved export authorization. The responsible U.S.



Government security official at the U.S. Government facility shall



verify that the contractor has an export authorization or other



written U.S. Government approval to have the material; verify the



need for the material to be removed from the facility; and brief



the employee on handling procedures. In such cases, the contractor



employee shall sign a receipt for the classified material.



Arrangements shall also be made with the U.S. Government custodian



for the return and storage of the classified material during



non-duty hours. Violations of this policy shall be reported to the



applicable CSA by the security office at the U.S. Government



facility.







d.   A contractor employee shall not store classified information



at overseas divisions or subsidiaries of U.S. companies



incorporated or located in a foreign country. (NOTE: The divisions



or subsidiaries may possess classified information that has been



transferred to the applicable foreign government through



government-to-government channels pursuant to an approved export



authorization or other written U.S. Government authorization.



Access to this classified information at such locations by a U.S.



contractor employee assigned abroad by the parent facility on a



visit authorization in support of a foreign government contract or



subcontract, is governed by the laws and regulations of the country



in which the division or subsidiary is registered or incorporated.



The division or subsidiary that has obtained the information from



the foreign government shall provide the access.)







e.   U.S. contractor employees assigned to foreign government or



foreign contractor facilities under a direct commercial sales



arrangement will be subject to the host-nation's industrial



security policies.











10-603. Transmission of Classified Material to Employees Abroad.







The transmission of classified material to a cleared contractor



employee located outside the United States shall be through U.S.



Government channels. If the material is to be used for other than



U.S. Government purposes, an export authorization is required and



a copy of the authorization, validated by the designated Government



representative, shall accompany the material. The material shall be



addressed to a U.S. military organization or other U.S. Government



organization (e.g., an Embassy). The U.S. government organization



abroad shall be responsible for custody and control of the



material.











10-604. Security Briefings.







An employee being assigned outside the United States shall be



briefed on the security requirements of their assignment, including



the handling, disclosure, and storage of classified information



overseas.











10-605. Report of Assignments.







a.   The contractor shall promptly report to the CSA the assignment



of a cleared employee to a location outside the United States,



Puerto Rico, Guam, or the Virgin Islands for a period exceeding 90



consecutive days. The report shall contain the following



information:



     (1)  Name, address, telephone number, and CSA overseas code



(if applicable) of the location to which the employee will be



assigned; whether the location is under U.S. Government or foreign



government control; and name, title, and telephone number of the



U.S. Government or foreign government security official at the



location.



     (2)  Justification for access to any U.S. or foreign



government classified information, including identification of the



contract, license, or agreement under which access is necessary.







b.   Subsequent to the assignment of a cleared employee outside the



United States, the contractor shall provide to the CSA:



     (1)  Justification, based on a specified contract, license,



agreement, or other Government-approved arrangement, for the



employee's continuing need for a PCL every 3 years following the



initial assignment.



     (2)  Notification of any change in the location and mailing



address of the affected employee.



     (3)  Notification of the termination of the employee's



assignment outside the United States.











Section 7. NATO Information Security Requirements











10-700. General.







This Section provides the security requirements needed to comply



with the procedures established by the U.S. Security Authority for



NATO(USSAN) for safeguarding NATO information provided to U.S.



industry.











10-701. Classification Levels.







NATO has four levels of security classification; COSMIC TOP SECRET



(CTS), NATO SECRET (NS), NATO CONFIDENTIAL (NC), and NATO



RESTRICTED (NR). Another marking, ATOMAL, is applied to U.S.



RESTRICTED DATA or FORMERLY RESTRICTED DATA and United Kingdom



Atomic information that has been released to NATO. ATOMAL



information is marked COSMIC TOP SECRET ATOMAL (CTSA), NATO SECRET



ATOMAL (NSA), or NATO CONFIDENTIAL ATOMAL (NCA).











10-702. NATO Contracts.







NATO contracts involving NATO-unique systems, programs, or



operations are awarded by a NATO Production and Logistics



Organization (NPLO), a designated NATO Management Agency, the NATO



Research Staff, or a NATO Command. In the case of NATO



infrastructure projects (e.g., airfields, communications), the NATO



contract is awarded by a contracting agency or prime contractor of



the NATO nation that is responsible for the infrastructure project.











10-703. NATO Facility Security Clearance Certificate.







A NATO Facility Security Clearance Certificate (FSCC) is required



for a contractor to negotiate or perform on a NATO classified



contract A U.S. facility qualifies for a NATO FSCC if it has an



equivalent U.S. FCL and its personnel have been briefed on NATO



procedures. The CSA shall provide the NATO FSCC to the requesting



activity. A NATO FSCC is not required for GCA contracts that



involve access to NATO classified information.











10-704. PCL Requirements.







Access to NATO classified information requires a final PCL at the



equivalent level. A PCL is not required for access to NATO



RESTRICTED information.











10-705. NATO Briefings.







Prior to having access to NATO classified information including



Restricted, employees shall be given a NATO security briefing that



covers the requirements of this Section and the consequences of



negligent handling of NATO classified information. The FSO shall be



initially briefed by a representative of the CSA. Annual refresher



briefings shall also be conducted. When access to NATO classified



information is no longer required, the employee shall be debriefed.



The employee shall sign a certificate stating that they have been



briefed or debriefed, as applicable, and acknowledge their



responsibility for safeguarding NATO information. Such certificates



shall be maintained for 2 years for NATO SECRET, CONFIDENTIAL and



RESTRICTED, and 3 years for COSMIC TOP SECRET and all ATOMAL



information.











10-706. Access to NATO Classified Information by Foreign Nationals.







Foreign nationals of non-NATO nations may have access to NATO



classified information only with the consent of the NATO Office of



Security and the contracting activity. Requests shall be submitted



to the Central U.S. Registry (CUSR). Access to NATO classified



information may be permitted for citizens of NATO member nations



provided a NATO security clearance certificate is provided by their



government and they have been briefed.











10-707. Subcontracting for NATO Contracts.







The contractor shall obtain prior written approval from the NATO



contracting activity and a NATO FSCC must be issued prior to



awarding the subcontract. The request for approval will be



forwarded through the CSA.











10-708. Preparing and Marking NATO Documents.







All classified documents created by a U.S. contractor shall be



portion marked. Any portion extracted from a NATO document that is



not portion marked, must be assigned the classification that is



assigned to the NATO document.







a.   All U.S. originated NATO classified documents shall bear an



assigned reference number and date on the first page. The reference



numbers shall be assigned as follows:



     (1)  The first element shall be the abbreviation for the name



of the contractor facility.



     (2)  The second element shall be the abbreviation for the



overall classification followed by a hyphen and the four digit



sequence number for the document within that classification that



has been generated for the applicable calendar year.



     (3)  The third element is the year; e.g., MM/NS-0013/93.







b.   COSMIC TOP SECRET, NATO SECRET, and ATOMAL documents shall



bear the reference number on each page and a copy number on the



cover or first page. Copies of NATO documents shall be serially



numbered. Pages shall be numbered. The first page or index or table



of contents shall include a list, including page numbers, of all



Annexes and Appendices. The total number of pages shall be stated



on the first page. All Annexes or Appendices will include the date



of the original document and the purpose of the new text (addition



or substitution) on the first page.







c.   One of the following markings shall be applied to NATO



documents that contain ATOMAL information:



     (1)  "This document contains U.S. ATOMIC Information



(RESTRICTED DATA or FORMERLY RESTRICTED DATA) made available



pursuant to the NATO Agreement for Cooperation Regarding ATOMIC



Information, dated 18 June 1964, and will be safeguarded



accordingly."



     (2)  "This document contains UK ATOMIC Information. This



information is released to the North Atlantic Treaty Organization



including its military and civilian agencies and member states on



condition that it will not be released by the recipient



organization to any other organization or government or national of



another country or member of any other organization without prior



permission from H.M. Government in the United Kingdom."







d.   Working papers shall be retained only until a final product is



produced.















10-709. Classification Guidance.







Classification guidance shall be in the form of a NATO security



aspects letter and a security requirements checklist for NATO



contracts, or a Contract Security Classification Specification. If



adequate classification guidance is not received, the contractor



shall contact the CSA for assistance. NATO classified documents and



NATO information in other documents shall not be declassified or



downgraded without the prior written consent of the originating



activity. Recommendations concerning the declassification or



downgrading of NATO classified information shall be forwarded to



the CUSR.











10-710. Further Distribution.







The contractor shall not release or disclose NATO classified



information to a third party or outside the contractor's facility



for any purpose without the prior written approval of the



contracting agency.











10-711. Storage of NATO Documents.







NATO classified documents shall be stored as prescribed for U.S.



documents of an equivalent classification level, except as



described below.







a.   NATO classified documents shall not be commingled with other



documents. NATO RESTRICTED documents may be stored in locked filing



cabinets, bookcases, desks, or other similar locked containers that



will deter unauthorized access.







b.   Combinations for containers used to store NATO classified



information shall be changed annually. The combination also shall



be changed when an individual with access to the container departs



or no longer requires access to the container, and if the



combination is suspected of being compromised.







c.   When the combination is recorded it shall be marked with the



highest classification level of documents stored in the container



as well as to indicate the level and type of NATO documents in the



container. The combination record must be logged and controlled in



the same manner as NATO classified documents.























10-712. International Transmission.







NATO has a registry system for the receipt and distribution of NATO



documents within each NATO member nation. The central distribution



point for the U.S. is the CUSR located in the Pentagon. The CUSR



establishes subregistries at U.S. Government organizations for



further distribution and control of NATO documents. Subregistries



may establish control points and sub-control points at contractor



facilities. COSMIC TOP SECRET, NATO SECRET, and all ATOMAL



documents shall be transferred through the registry system. NATO



CONFIDENTIAL and RESTRICTED documents provided as part of NATO



infrastructure contracts shall be transmitted via



government-to-government channels in compliance with Section 4 of



this Chapter.











10-713. Handcarrying.







NATO SECRET, NATO CONFIDENTIAL, and NATO RESTRICTED documents may



be handcarried across international borders if authorized by the



GCA. The courier shall be issued a NATO Courier Certificate by the



CSA. When handcarrying is authorized, the documents shall be



delivered to a U.S. organization at NATO, which shall transfer them



to the intended NATO recipient.











10-714. Reproduction.







Reproductions of COSMIC TOP SECRET and COSMIC TOP SECRET ATOMAL



information shall be performed by the responsible Registry. The



reproduction of NATO SECRET, CONFIDENTIAL, and RESTRICTED documents



may be authorized to meet contractual requirements unless



reproduction is prohibited by the contracting entity. Copies of



COSMIC TOP SECRET, NATO SECRET, and ATOMAL documents shall be



serially numbered and controlled and accounted for in the same



manner as the original.











10-715. Disposition.







Generally, all NATO classified documents shall be returned to the



contracting activity that provided them, upon completion of the



contract. Documents provided in connection with an invitation to



bid also shall be immediately returned if the bid is not accepted



or submitted. NATO classified documents may be destroyed when



permitted by either the contract or invitation to bid COSMIC TOP



SECRET and COSMIC TOP SECRET ATOMAL documents shall be destroyed by



the Registry that provided the documents. Destruction of COSMIC TOP



SECRET, NATO SECRET and all ATOMAL documents shall be witnessed.























10-716. Accountability Records.







Logs, receipts, and destruction certificates are required for NATO



classified information, as described below. Records for NATO



documents shall be maintained separately from records of non-NATO



documents. COSMIC TOP SECRET and all ATOMAL documents shall be



recorded on logs maintained separately from other NATO logs and be



assigned unique serial control numbers. Additionally, disclosure



records, bearing the name and signature of each person that has



access, are required for all COSMIC TOP SECRET, COSMIC TOP SECRET



ATOMAL, and all other ATOMAL or NATO classified documents to which



special access limitations have been applied.







a.   Minimum identifying data on logs, receipts, and destruction



certificates shall include the NATO reference number, short title,



date of the document, classification, and serial copy numbers. Logs



shall reflect the short title, unclassified subject, and



distribution of the documents.







b.   Receipts are required for all NATO classified documents except



NATO CONFIDENTIAL and RESTRICTED.







c.   Inventories shall be conducted annually of all COSMIC TOP



SECRET, NATO SECRET, and all ATOMAL documents.







d.   Destruction certificates are required for all NATO classified



documents except RESTRICTED. The destruction of COSMIC TOP SECRET,



NATO SECRET and all ATOMAL documents must be witnessed.







e.   Records shall be retained for 10 years for COSMIC TOP SECRET



and COSMIC TOP SECRET ATOMAL documents and 3 years for NATO SECRET,



NATO SECRET ATOMAL, NATO CONFIDENTIAL, and NATO CONFIDENTIAL ATOMAL



documents.











10-717. Security Violations and Loss, Compromise, or Possible



Compromise.







The contractor shall immediately report the loss, compromise,



suspected loss or compromise, and security violations involving



NATO classified information to the CSA.











10-718. Extracting from NATO Documents.







Permission to extract from a COSMIC TOP SECRET or ATOMAL document



shall be obtained from the CUSR.







a.   If extracts of NATO information are included in a U.S. 



document prepared for a non-NATO contract, the document shall be



marked with U.S. classification markings. The caveat, "THIS



DOCUMENT CONTAINS NATO (level of classification) INFORMATION" also



shall be marked on the front cover or first page,of the document.



Additionally, each paragraph or portion containing the NATO



information shall be marked with the appropriate NATO



classification, abbreviated in parentheses (e.g., NS) preceding the



portion or paragraph. The "Declassify on" line of the document



shall show "Originating Agency Determination Required" or "OADR"



unless the original NATO document shows a specific date for



declassification.







b.   NATO RESTRICTED information may be included in U.S.



unclassified documents. The U.S. document must be marked, "THIS



DOCUMENT CONTAINS NATO RESTRICTED INFORMATION." It shall be



protected as NATO RESTRICTED information.







c.   The declassification or downgrading of NATO information in a



U.S. document requires the approval of the originating NATO



activity. Requests shall be submitted to the CUSR for NATO



contracts, through the GCA for U.S. contracts, and through the CSA



for non-NATO contracts awarded by a NATO member nation.











10-719. Release of U.S. Information to NATO.







a.   The release of U.S. classified or export-controlled



information to NATO requires an export authorization or other



written disclosure authorization. When a document containing U.S.



classified information is being prepared for NATO, the appropriate



NATO classification markings shall be applied to the document.



Documents containing U.S. classified information, and U.S.



classified documents that are authorized for release to NATO, shall



be marked on the cover or first page "THIS DOCUMENT CONTAINS U.S.



CLASSIFIED INFORMATION. THE INFORMATION IN THIS DOCUMENT HAS BEEN



AUTHORIZED FOR RELEASE TO (cite the NATO organization) BY (cite the



applicable license or other written authority.)" The CSA shall



provide transmission instructions to the contractor. The material



shall be addressed to a U.S. organization at NATO, which shall then



place the material into NATO security channels. The material shall



be accompanied by a letter to the U.S. organization that provides



transfer instructions and assurances that the material has been



authorized for release to NATO. The inner wrapper shall be



addressed to the intended NATO recipient. Material to be sent to



NATO via mail shall be routed through the U.S. Postal Service and



U.S. military postal channels to the U.S. organization that will



make the transfer.







b.   A record shall be maintained that identifies the originator



and source of classified information that are used in the



preparation of documents for release to NATO. The record shall be



provided with any request for release authorization.











10-720. Visits.







NATO visits are visits by personnel representing a NATO entity and



relating to NATO contracts and programs. NATO visits shall be



handled in accordance with the requirements in Section 5 of this



Chapter. A NATO Certificate of Security Clearance will be included



with the visit request.







a.   NPLO and NATO Industrial Advisory Group (NIAG) Recurring



Visits. NATO has established special procedures for recurring



visits involving contractors, government departments and agencies,



and NATO commands and agencies that are participating in a NPLO or



NIAG contract or program. The NATO Management Office or Agency



responsible for the NPLO program will prepare a list of the



Government and contractor facilities participating in the program.



For NIAG programs, the list will be prepared by the responsible



NATO staff element. The list will be forwarded to the appropriate



clearance agency of the participating nations, which will forward



it to the participating contractor.







b.   Visitor Record. Contractor visitor records shall clearly



identify NATO visitors including those by U.S. personnel assigned



to NATO. The records shall be maintained for 3 years.






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