11.2.1.3. International Aspects of Program Protection
Program protection considerations play a major role in international programs for obvious reasons. The program manager should consider technology security and foreign disclosure (TS&FD) factors in a program with international aspects. The TS&FD Office (TSFDO), located at the Defense Technology Security Administration in concert with DoD Component. Program managers should contact their DoD Component TS&FD organization early enough in the process to ensure that TS&FD factors that may affect international program aspects are taken into consideration.
Early consideration of TS&FD requirements as well as export control planning in international programs will enable the program to achieve maximum benefit from international participation while avoiding negative impacts on cost, schedule and performance goals. The program manager should consider technology release in the initial planning of a program with international aspects through a review of existing TS&FD guidance and development of elements of their Program Protection Plan.The Deputy Secretary of Defense established a TS&FD Review Group in July 2010 to investigate options for harmonizing and streamlining existing DoD TS&FD processes. The Arms Transfer and Technology Release Senior Steering Group, established in 2008, sponsored the effort. As of July 2011, a Directive-Type Memorandum is in coordination to initiate detailed design efforts for DoD TS&FD process consolidation with the thirteen existing DoD and interagency TS&FD processes. As noted above, a new TSFDO was established to improve the TS&FD system operations on a DoD-wide basis. To do this, TSFDO screens, prepares, and tracks DoD High Level Decisions (HLDs) to ensure all HLDs are identified in a timely fashion and appropriately routed to and addressed by all relevant DoD TS&FD processes and subject matter experts. Program Managers should work with their DoD Component TS&FD organizations and the TSFDO if they encounter challenges in identifying or processing HLDs related to the international aspects of their programs.
DoD Instruction 5000.02, Enclosure 10, paragraph 5, and the tables of enclosure 4 establish international cooperative program protection policy requirements. Chapter 13.2 of this Guidebook provides additional insights into this policy.
11.2.1.3.1. Classification Guide
In addition to the Program Protection Plan required by all programs containing Critical Program Information, and the Technology Assessment/Control Plan, DoDM 5200.01 requires international programs to develop a classification guide for all programs containing classified information of either party. The classification guide, as prescribed in DoD Directive 5230.11, identifies the items or information to be protected in the program, and indicates the specific classification to be assigned to each item.
11.2.1.3.2. Program Security Instruction (PSI)
A PSI details security arrangements for the program and harmonizes the requirements of the participants' national laws and regulations. Using the Under Secretary of Defense for Acquisition, Technology and Logistics international agreements streamlined procedures authorized by DoD Instruction 5000.02, Enclosure 10, paragraph 5, the International Agreements Generator will lead the program manager through the considerations for, and the development of, a PSI. Additional information about the PSI is found in the International Cooperation in Acquisition, Technology and Logistics Handbook Chapter 7, Section 7.6..
If all security arrangements to be used in an international program are in accordance with an existing industrial security arrangement between the participants, a separate PSI is not required.
11.2.1.3.3. Delegation of Disclosure Authority Letter (DDL)
Per DoD Instruction 5000.02, a written authorization to disclose any classified or controlled unclassified information must be obtained prior to entering discussions with potential foreign partners. The authorization for release of classified information (developed or used during any part of the life cycle of the program) to any potential or actual foreign participants in the program will be in the form of a Delegation of Disclosure Authority Letter (DDL), as prescribed in DoD Directive 5230.11, or other written authorization issued by the DoD Component Foreign Disclosure Office. The authorization for release of classified or controlled unclassified information must comply with DoD Component policies for release of such information.
11.2.1.3.4. Technology Release Roadmap (TRR)
Prior to the Engineering and Manufacturing Development phase of an acquisition program with substantial international involvement by foreign industry, the program manager should prepare an export control TRR as part of their Technology Assessment/Control Plan (TA/CP) . This TRR will provide a projection of when export licenses will be required in support of the acquisition process, and when critical milestones regarding national disclosure policy implementation will need to be addressed. The TRR must be consistent with the program's TA/CP, Security Classification Guide (SCG) , and other disclosure guidance.
The TRR accomplishes the following:
- Provides early DoD Component planning for the program's proposed technology releases to foreign industry consistent with the National Disclosure Policy.
- Provides early planning for higher-level (i.e., above DoD Component-level) special technical reviews and approvals (i.e. Low Observable/Counter Low Observable, anti-tamper, cryptography) needed in support of proposed technology releases to foreign industry.
- Establishes a detailed export license approval planning process for U.S.-foreign industry cooperation to meet critical program and contract timelines.
The TRR includes three sections: 1) A timeline mapping key projected export licenses against the program acquisition schedule; 2) A definition of the technologies involved in each export license; and 3) A list of U.S. contractors (exporters) as well as foreign contractors (end users) for each license.
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