ENCLOSURE 4. TRANSMISSION AND TRANSPORTATION
p. 53
DoDM 5200.01-V3, February 24, 2012
ENCLOSURE 4
Change 3, 07/28/2020 53 ENCLOSURE 4
TRANSMISSION AND TRANSPORTATION
1. TRANSMISSION AND TRANSPORTATION PROCEDURES. Heads of the DoD Components shall establish procedures for transmitting and transporting classified information that maximizes the accessibility of classified information to individuals who are eligible for access thereto and minimizes the risk of compromise while permitting the use of the most cost- effective means. Persons transmitting or transporting classified information are responsible for ensuring that the intended recipient(s) are authorized access, have a need to know, and have the capability to store classified information in accordance with the requirements of this Manual.
a. COMSEC information shall be transmitted and transported according to NSA/CSS Policy Manual 3-16 (Reference (av)).
b. NATO classified information, including NATO Restricted, shall be transmitted according to the requirements of Reference (ab).
2. DISSEMINATION OUTSIDE THE DEPARTMENT OF DEFENSE
a. Classified information originating in another DoD Component or in a department or agency other than the Department of Defense may be disseminated to other DoD Components, to other U.S. departments or agencies, or to a U.S. entity without the consent of the originating Component, department, or agency, as long as:
(1) The criteria for access in section 3 of Enclosure 2 of this Volume are met.
(2) The classified information is NOT marked as requi ring prior authorization for dissemination to another department or agency. The marking “ORCON” may be used to identify information requiring prior authorization for dissemination to another department or agency.
(3) The document was created ON or A FTER June 27, 2010, the effective date of Reference (f) (however, also see paragraph 2.b of this section).
b. Documents created BEFORE June 27, 2010 may not be disseminated outside of the Department of Defense without the originator’s consent. Additionally, documents created on or after June 27, 2010, whose classification is derived from documents created prior to that date, and where the date before June 27, 2010 of the classified source(s) is readily apparent from the source list, shall not be disseminated outside of the Department of Defense without the originator’s consent.
c. Classified information originating in, or provided to or by, the Department of Defense may be disseminated to a foreign government or an international organization of governments, or any element thereof, in accordance with References (d), (f) and (y). See section 6 of this
p. 54
DoDM 5200.01-V3, February 24, 2012
ENCLOSURE 4
Change 3, 07/28/2020 54 enclosure for further guidance.
d. Dissemination of information regarding intelligence sources, methods, or activities shall be consistent with directives issued by the DNI.
e. Dissemination of classified information to state, local, tribal and private sector officials pursuant to E.O. 13549 (Reference (aw)) shall be in accordance with implementing guidance issued by the Department of Homeland Security.
3. TRANSMISSION OF TOP SECRET INFORMATION. Top Secret information shall be transmitted only by:
a. Direct contact between appropriately cleared persons.
b. Electronic means over an approved secure communications system (i.e., a cryptographic system authorized by the Director, NSA, or a protected distribution system designed and installed to meet the requirements of National Security Telecommunications and Information Systems Security Instruction (NSTISSI) 7003 (Reference (ax))). This applies to voice, data, message (both organizational and e-mail), and facsimile transmissions.
c. The Defense Courier Service (DCS) if the material qualifies under the provisions of DoDI 5200.33 (Reference (ay)). The DCS may use a specialized shipping container as a substitute for a DCS courier on direct flights if the shipping container is sufficiently constructed to provide evidence of forced entry, secured with a high security padlock meeting Reference (ao) specifications and equipped with an electronic seal that would provide evidence of surreptitious entry. A DCS courier shall escort the specialized shipping container to and from the aircraft and oversee its loading and unloading. This authorization also requires that the DCS develop procedures that address protecting specialized shipping containers in the event a flight is diverted for any reason.
d. Authorized U.S. Government agency courier services (e.g., Department of State Diplomatic Courier Service, authorized DoD Component courier service).
e. Appropriately cleared U.S. Military and Government civilian personnel specifically designated to carry the information and traveling by surface transportation.
f. Appropriately cleared U.S. Military and Government civilian personnel specifically designated to carry the information and traveling on scheduled commercial passenger aircraft within and between the United States, its territories, and Canada.
g. Appropriately cleared U.S. Military and Government civilian personnel specifically designated to carry the information and traveling on scheduled commercial passenger aircraft on flights outside the United States, its territories, and Canada.
h. DoD contractor employees with appropriate clearances traveling within and between the
p. 55
DoDM 5200.01-V3, February 24, 2012
ENCLOSURE 4
Change 3, 07/28/2020 55 United States and its territories provided the requirements of Reference (w) and Volume 2 of DoD Manual 5220.22 (Reference (az)) are met.
4. TRANSMISSION OF SECRET INFORMATION. Secret information may be transmitted by:
a. Any of the means approved for the transmission of Top Secret information.
b. Appropriately cleared contractor employees if the transmission meets the requirements specified in References (w) and (az).
c. Overnight delivery, provided the requirements of this paragraph are met. Heads of DoD Components may, when a requirement exists for overnight delivery to a DoD Component within the United States and its territories, authorize the use of the current holder of the GSA contract for overnight delivery of information for the Executive Branch as long as applicable postal regulations (chapter I of title 39, CFR (Reference(ba))) are met. Any such delivery service shall be U.S. owned and operated, provide automated in-transit tracking of the classified information, and ensure package integrity during transit. The contract shall require cooperation with U.S. Government inquiries in the event of a loss, theft, or possible compromise. The sender is responsible for ensuring that an authorized person at the receiving end is aware that the package is coming and will be available to receive the package, verifying the mailing address is correct, and confirming (by telephone or e-mail) that the package did in fact arrive within the specified time period. The package may be addressed to the recipient by name. The release signature block on the receipt label shall not be executed under any circumstances. The use of external (street side) collection boxes is prohibited. Classified COMSEC information, NATO information, SCI, and FGI shall not be transmitted in this manner. See Multiple Award Schedule 48, “Transportation, Delivery and Relocation Solutions,” on the GSA eLibrary Website (http://www.gsaelibrary.gsa.gov/ElibMain/home.do) for a listing of commercial carriers authorized for use under the provisions of this paragraph.
d. U.S. Postal Service registered mail within and between the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
e. U.S. Postal Service Express mail within and between the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. The “Waiver of Signature and Indemnity” block on the U.S. Postal Service Express Mail Label 11-B may not be executed under any circumstances. The use of external (street side) Express Mail collection boxes is prohibited.
f. U.S. Postal Service and Canadian registered mail with registered mail receipt between U.S. Government and Canadian government installations in the United States and Canada.
g. U.S. Postal Service registered mail through Military Postal Service facilities outside the United States and its territories, if the information does not at any time pass out of U.S. citizen control and does not pass through a foreign postal system or any foreign inspection.
p. 56
DoDM 5200.01-V3, February 24, 2012
ENCLOSURE 4
Change 3, 07/28/2020 56 h. Carriers cleared under the National Industrial Security Program providing a protective security service. This method is authorized only within the continental United States (CONUS) when other methods are impractical, except that this method is also authorized between U.S. and Canadian government approved locations documented in a transportation plan approved by U.S. and Canadian government security authorities.
i. U.S. Government and U.S. Government contract vehicles including aircraft, ships of the U.S. Navy, civil service-operated U.S. Naval ships, and ships of U.S. registry. Appropriately cleared operators of vehicles, officers of ships or pilots of aircraft who are U.S. citizens may be designated as escorts provided the control of the carrier is maintained on a 24-hour basis. The escort shall protect the shipment at all times, through personal observation or authorized storage to prevent inspection, tampering, pilferage, or unauthorized access. Observing the shipment is not required during flight or sea transit, provided it is loaded into a compartment that is not accessible to any unauthorized persons or in a specialized secure, safe-like container.
j. Air carrier without an appropriately cleared escort to locations outside the United States and its territories, provided the provisions of this paragraph are met. In exceptional circumstances, with the written approval of the sending and receiving government DSAs, material may be transmitted outside the United States and its territories without an appropriately cleared escort provided the following criteria are met:
(1) The material is stored in the hold of an aircraft of an U.S. owned or registered air carrier or an air carrier owned by or under the registry of the recipient government.
(2) The shipment is placed in a compartment that is not accessible to any unauthorized person or in a specialized shipping container approved for this purpose.
(3) The air carrier agrees in writing to permit a cleared DoD or cleared U.S. company employee, specifically designated by name, to observe placement of the classified shipment into the aircraft.
(4) The flight is direct between two designated points with no intermediate stops.
(5) The air carrier agrees in writing that a designated officer on the aircraft will assume responsibility for the classified material while en route to the destination.
(6) Written emergency instructions are provided to the air carrier.
(7) Arrangements are made for recipient foreign government officials, the designated government representative (DGR), or other recipient government representative, designated by name and organization, in writing, to be present at the unloading of the consignment and immediately assume security control for the recipient government.
(8) The foregoing requirements are documented in the transportation plan.
(9) The exceptional circumstances are documented in the request for exception.
p. 57
DoDM 5200.01-V3, February 24, 2012
ENCLOSURE 4
Change 3, 07/28/2020 57
5. TRANSMISSION OF CONFIDENTIAL INFORMATION. Confidential information may be transmitted by:
a. Any of the means approved for the transmission of Secret information.
b. U.S. Postal Service Registered Mail for:
(1) Material to and from military post office addressees (i.e., Fleet Post Office or Army Post Office) located outside the United States and its territories.
(2) Material when the originator is uncertain that the addressee’s location is within U.S. boundaries.
c. U.S. Postal Service certified mail (or registered mail, if required above) for material addressed to DoD contractors or non-DoD agencies.
d. U.S. Postal Service first class mail between DoD Component locations anywhere in the United States and its territories. The outer envelope or wrapper shall be endorsed: “Return Service Requested.”
e. Commercial carriers that provide a constant surveillance service, as defined in Reference (w), within CONUS.
f. Commanders or masters of ships of U.S. registry who are U.S. citizens. Confidential information shipped on ships of U.S. registry may not pass out of U.S. Government control. The commanders or masters shall sign a receipt for the material and agree to:
(1) Deny unauthorized persons access to the Confidential material, including customs inspectors, with the understanding that Confidential cargo that would be subject to customs inspection shall not be unloaded.
(2) Maintain control of the cargo until a receipt is obtained from an authorized representative of the consignee.
g. Alternative or additional methods of transmission the Head of the DoD Component approves.
6. TRANSMISSION OF CLASSIFIED INFORMATION AND MATERIAL TO FOREIGN GOVERNMENTS. Classified information and material approved for release to a foreign government or international organization (collectively “foreign governments”) according to Reference (y) shall be transmitted between representatives of each government through government-to-government channels or through other channels agreed to in writing by the DSAs of the sending and receiving governments. International transfers of classified material shall
p. 58
DoDM 5200.01-V3, February 24, 2012
ENCLOSURE 4
Change 3, 07/28/2020 58 comply with this enclosure, its appendix, and the following:
a. U.S. Government control and accountability of classified information or material shall be maintained from the point of origin to the ultimate destination, until it is officially transferred to the intended recipient government through its designated government representative (DGR).
b. In urgent situations, appropriately cleared U.S. Government agency employees may be authorized to hand-carry classified material in accordance with this enclosure and its appendix.
c. Each DoD Component entering into a contract or an international agreement that will entail the transfer of classified information and material to a foreign government shall consult with supporting DoD transportation and security authorities to confirm the appropriate transfer arrangements and establish responsibilities for the transfer arrangements prior to the execution of the agreement or contract.
7. SECURITY REQUIREMENTS FOR TRANSFERS OF DEFENSE ARTICLES TO AUSTRALIA OR THE UNITED KINGDOM WITHOUT AN EXPORT LICENSE OR OTHER WRITTEN AUTHORIZATION
a. Background. The Defense Trade Cooperation Treaty between the United States and Australia, which was signed by the United States on September 5, 2007, and the Defense Trade Cooperation Treaty between the United States and the United Kingdom (UK), which was signed by the United States on June 21, 2007, provide comprehensive frameworks for exports and transfers of certain classified and unclassified defense articles, without an export license or other written authorization to Australian Communities and United Kingdom Communities respectively (see Glossary). The provisions of the treaties apply to both government organizations and contractors. This section provides implementing guidance to DoD entities that are eligible to export certain classified and unclassified defense articles.
b. Applicability. Defense articles (defined in Glossary) fall under the scope of the treaties when they are in support of:
(1) United States and Australia or UK, as applicable, combined military or counter- terrorism operations;
(2) United States and Australia or UK, as applicable, cooperative security and defense research, development, production, and support programs;
(3) Mutually determined specific security and defense projects where the Government of Australia or Government of the United Kingdom, as applicable, is the end-user; or
(4) U.S. Government end-use.
c. Markings. Prior to transfer to Australia or the UK, defense articles that fall under the scope of these treaties must be labeled, as applicable, with an overall marking as directed in
p. 59
DoDM 5200.01-V3, February 24, 2012
ENCLOSURE 4
Change 3, 07/28/2020 59 subparagraph 7.c.(1) or 7.c.(2) of this enclosure. While these markings do not generally conform to the marking standard specified in Volume 2 of this Manual, the markings are required by these Defense Trade Cooperation Treaties and their Implementing Arrangements and must be used as specified.
(1) Markings required for transfer of defense articles to Australia:
(a) Classified U.S. defense articles shall be marked:
CLASSIFICATION LEVEL USML//REL AUS AND USA TREATY COMMUNITY//
For example, for defense articles classified SECRET, the marking shall be “SECRET USML//REL AUS AND USA TREATY COMMUNITY//.” Apply other applicable classification markings (e.g., classification authority block, portion markings, other dissemination markings) in accordance with Volume 2 of this Manual.
(b) Unclassified U.S. defense articles shall be marked:
//RESTRICTED USML//REL AUS AND USA TREATY COMMUNITY//
(c) When defense articles are returned from Australia to the United States, any defense articles marked as RESTRICTED in this manner purely for the purposes of the treaty will be considered to be unclassified and such markings shall be removed.
(2) Markings required for transfer of defense articles to the UK:
(a) Classified U.S. defense articles shall be marked:
CLASSIFICATION LEVEL USML//REL USA AND GBR TREATY COMMUNITY//
For example, for defense articles classified SECRET, the marking shall be “SECRET USML//REL USA AND GBR TREATY COMMUNITY//.” Apply other applicable classification markings (e.g., classification authority block, portion markings, other dissemination markings) in accordance with Volume 2 of this Manual.
(b) Unclassified U.S. defense articles shall be marked:
//RESTRICTED USML//REL USA AND GBR TREATY COMMUNITY//
(c) When defense articles are returned from the UK to the United States, any defense articles marked as RESTRICTED in this manner purely for the purposes of the treaty will be considered to be unclassified and such marking shall be removed.
(3) The following notice shall be included (e.g., as part of the bill of lading) whenever defense articles are exported in accordance with the provisions of these treaties: “These U.S. Munitions List commodities are authorized by the U.S. Government under the U.S.-[Australia or
p. 60
DoDM 5200.01-V3, February 24, 2012
ENCLOSURE 4
Change 3, 07/28/2020 60 United Kingdom, as applicable] Defense Trade Cooperation Treaty for export only to [Australia or United Kingdom, as applicable] for use in approved projects, programs or operations by members of the [Australian or United Kingdom, as applicable] Community. They may not be retransferred or reexported or used outside of an approved project, program, or operation, either in their original form or after being incorporated into other end-items, without the prior written approval of the U.S. Department of State.”
(4) The items to be marked are:
(a) Defense articles (other than technical data) shall be individually labeled with the appropriate marking detailed in paragraphs 7.c.(1) or 7.c.(2) of this section; or, where such labeling is impracticable (e.g., propellants, chemicals), shall be accompanied by documentation clearly associating the defense articles with the appropriate markings as detailed in paragraphs 7.c.(1) or 7.c.(2) of this section.
(b) Technical data (including technical papers, manuals, presentations, specifications, guides and reports), regardless of media or means of transmission (physical, oral, or electronic), shall be individually labeled with the appropriate marking detailed in paragraphs 7.c.(1) or 7.c.(2) of this section; or, where such labeling is impracticable shall be accompanied by documentation or verbal notification clearly associating the technical data with the appropriate markings as detailed in paragraphs 7.c.(1) or 7.c.(2) of this section.
d. Transfers
(1) All defense articles that fall under the scope of the treaty must be transferred from the U.S. point of embarkation through channels approved by both the United States and, as appropriate, Australia or the UK.
(2) For transfers of defense articles as freight, the contractor shall prepare a transportation plan in accordance with section 10 of the Appendix to Enclosure 4 of this Volume. For transfer of classified U.S. defense articles, a freight forwarder must have a valid facility security clearance and storage capability at the appropriate level. For unclassified U.S. defense articles that are transferred as freight, a freight forwarder is not required to be cleared.
8. USE OF SECURE COMMUNICATIONS FOR TRANSMISSION OF CLASSIFIED INFORMATION. Transmission of DoD information shall comply, as appropriate, with the COMSEC measures and procedures identified in DoDI 8523.01 (Reference (bb)).
a. Computer-to-Computer Transmission. In addition to meeting the requirements of paragraph 3.b of this enclosure, computer and other IT systems used for transmitting classified information shall be approved and accredited in accordance with Reference (s) or Intelligence Community Directive 503 (Reference (bc)), as applicable, to operate at a level of classification commensurate with the data being transmitted. Electronic transmission of classified information over secure computer-to-computer links (e.g., via secure e-mail) is preferable to physical transfer of hard copy documents. Classified information transmitted in this manner shall be marked in
p. 61
DoDM 5200.01-V3, February 24, 2012
ENCLOSURE 4
Change 3, 07/28/2020 61 accordance with Volume 2 of this Manual.
b. Facsimile (Fax) Transmission. Only secure facsimile equipment shall be used for facsimile transmission of classified information. The following procedures shall be followed:
(1) The individual transmitting the information shall ensure the recipient has the appropriate clearance and a need to know, and that the secure connection is at the appropriate level of classification for the information being transmitted.
(2) Header or cover sheets used to precede the transmission of classified material shall be conspicuously marked with the highest security classification of the transmitted information and any required control markings. The cover sheet shall also include the originator’s name, organization, phone number, an unclassified title, the number of pages, and the receiver’s name, organization and phone number. When the cover sheet contains no classified information, it shall also note “Unclassified When Classified Attachment(s) Removed.”
(3) Documents transmitted by fax shall have all markings required for a finished document, and shall be controlled and safeguarded by the recipient accordingly.
c. Telephone. Only approved secure telephones, including cell phones and phones integral to personal electronic devices, authorized by the Director, NSA pursuant to paragraph 3.b of this enclosure, may used for telephonic transmission of classified information. Users must ensure the secure connection is at the appropriate level of classification for the information being discussed.
9. SHIPMENT OF BULK CLASSIFIED MATERIAL AS FREIGHT. Procedures established for shipping bulk classified material as freight shall include provisions for shipping material in closed vehicles when required, appropriate notice to the consignee concerning the shipment, procedures at transshipment activities, and actions to be taken in the case of non-delivery or unexpected delay in delivery.
10. PREPARATION OF MATERIAL FOR SHIPMENT. When transferring classified information, it shall be enclosed in two opaque, sealed envelopes, wrappings, or containers, durable enough to properly protect the material from accidental exposure and facilitate detection of tampering.
a. Prepare, package, and securely seal classified material in ways that minimize risk of accidental exposure or undetected deliberate compromise. To minimize the risk of exposure of classified information, package documents so that classified material is not in direct contact with the inner envelope or container (e.g., fold so classified material faces together).
(1) Address the outer envelope or container to an official U.S. Government activity or to a DoD contractor with a facility clearance and appropriate storage capability and show the complete return address of the sender. Do not address the outer envelope to an individual. Office codes or phrases such as “Attention: Research Department” may be used.
p. 62
DoDM 5200.01-V3, February 24, 2012
ENCLOSURE 4
Change 3, 07/28/2020 62
(2) Show the address of the receiving activity, the address of the sender, the highest classification of the contents (including, where appropriate, any special dissemination or control markings such as “Restricted Data” or “NATO”), and any applicable special instructions on the inner envelope or container. The inner envelope may have an attention line with a person’s name.
(3) Do not place a classification marking or any other unusual marks on the outer envelope or container that might invite special attention to the fact that the contents are classified.
(4) Address classified information intended only for U.S. elements of international staffs or other organizations specifically to those elements.
b. When classified material is hand-carried outside an activity, a locked briefcase or zippered pouch may serve as the outer wrapper. In such cases, the addressing requirements of subparagraph 10.a.(1) of this section do not apply. Refer to section 11 of this enclosure for additional requirements on use of briefcases and pouches.
c. If the classified material is an accessible internal component of an item of equipment, the outside shell or body may be considered as the inner enclosure provided it does not reveal classified information.
d. If the classified material is an inaccessible internal component of a bulky item of equipment, the outside or body of the item may be considered a sufficient enclosure provided observation of it does not reveal classified information.
e. If the classified material is an item of equipment that cannot be packaged and the shell or body is classified, it shall be concealed with an opaque covering hiding all classified features.
f. Specialized shipping containers, including closed cargo transporters, may be considered the outer wrapping or cover.
11. USE OF BRIEFCASES OR ZIPPERED POUCHES FOR HAND-CARRYING CLASSIFIED MATERIAL. A locked briefcase or zippered pouch made of canvas or other heavy-duty material and having an integral key-operated lock may be used for hand-carrying classified material outside an activity. Such cases may also be used to restrict access to classified material when the intended recipient is not immediately available. If using a briefcase or pouch to hand-carry classified material outside an activity, or in any circumstance when the possibility exists that the briefcase or pouch shall be left for subsequent opening by the intended recipient, package the material as required by section 10 of this enclosure and additionally observe the following procedures:
a. Clearly and recognizably display the name and street address of the organization sending the classified material, and the name and telephone number of a point of contact within the
p. 63
DoDM 5200.01-V3, February 24, 2012
ENCLOSURE 4
Change 3, 07/28/2020 63 sending activity, on the outside of the briefcase or pouch.
b. Serially number the pouch or briefcase and clearly display this serial number on its exterior surface.
c. Lock the briefcase or pouch and place its key in a separate sealed envelope.
d. Store the briefcase or pouch, when containing classified material, according to the highest classification level and any special controls applicable to its contents.
e. Ensure the activity authorizing use of the briefcase or pouch maintains an internal system to account for and track the location of the pouch and its key.
f. Use a briefcase or pouch only to assist in enforcing need to know. Its use shall in no way abrogate personal responsibility to ensure that the classified material is delivered to a person who has an appropriate security clearance and access for the information involved.
12. ESCORT, COURIER, OR HAND-CARRY OF CLASSIFIED MATERIAL
a. Authority. Appropriately cleared and briefed personnel may be authorized to escort or carry classified material between locations when other means of transmission or transportation cannot be used. The Heads of the DoD Components shall establish procedures to ensure that hand-carrying of classified material is minimized to the greatest extent possible and does not pose unacceptable risk to the information. Hand carrying may be authorized only when:
(1) The information is not available at the destination and operational necessity or a contractual requirement requires it.
(2) The information cannot be sent via a secure e-mail, facsimile transmission or other secure means.
(3) The appropriate official authorizes the hand-carry according to procedures the Head of the DoD Component establishes.
(4) The hand-carry is accomplished aboard a U.S. carrier, or a foreign carrier if no U.S. carrier is available, and the U.S. escort retains custody and physical control of the information at all times.
(5) Arrangements have been made for secure storage of the information at a U.S. Government or cleared U.S. contractor facility.
b. Packaging Requirements. Classified material that is hand-carried shall be packaged in the same manner as described in section 10 of this enclosure for material being shipped.
p. 64
DoDM 5200.01-V3, February 24, 2012
ENCLOSURE 4
Change 3, 07/28/2020 64 c. Responsibilities. Individuals hand carrying or serving as couriers or escorts for classified information shall be informed of, and acknowledge, their security responsibilities. These requirements may be satisfied by a briefing or by requiring the individual to read written instructions that state the following responsibilities:
(1) The individual is liable and responsible for the material being carried or escorted.
(2) The material is not, under any circumstances, to be left unattended. During overnight stops arrangements shall be made for storage of the classified material at a U.S. military facility, embassy, or cleared contractor facility. Classified information shall not be stored in hotel safes.
(3) The material shall not be opened en route except in the circumstances described in paragraph 12.d of this section.
(4) The material shall not be discussed or disclosed in any public place.
(5) The individual shall not deviate from the authorized travel schedule.
(6) In cases of emergency, the individual shall take measures to protect the material.
(7) The individual is responsible for ensuring that personal travel documents (passport, courier authorization (if required), medical documents, etc.) are complete, valid, and current.
d. Customs, Police, and Immigration. Arrangements shall be made in advance with customs, police and/or immigration officials to facilitate movement through security. However, there is no assurance of immunity from search by the customs, police, and/or immigration officials of countries, including the United States, whose border the courier may cross. Therefore, if such officials inquire into the contents of the consignment, the courier shall present the courier authorization or orders and ask to speak to the senior customs, police, and/or immigration official. This action shall normally suffice to pass the material through unopened. However, if the senior official demands to see the actual contents of the package, it may be opened in his or her presence, but shall be done in an area out of sight of the public. In that instance:
(1) Precautions shall be taken to show officials only as much of the contents as satisfies them that the package does not contain any other item. The courier shall ask the official to repack the material or assist in repacking it immediately upon completing the examination.
(2) The senior customs, police, or immigration official shall be requested to provide evidence of opening and inspection of the package by sealing and signing it when closed and confirming on the shipping documents (if any) or courier certificate that the package has been opened. Both the addressee and the dispatching security officer shall be informed in writing of the opening of the material.
(3) Classified material to be carried by a courier shall be inventoried, a copy of the inventory shall be retained at the courier’s office or duty location, and the courier shall carry a copy.
p. 65
DoDM 5200.01-V3, February 24, 2012
ENCLOSURE 4
Change 3, 07/28/2020 65
(4) Upon return, the courier shall return all classified material in a sealed package or, for any classified material that is not returned, produce a receipt signed by the security officer of the addressee organization.
(5) For guidance on hand-carrying NATO classified material, see Reference (ab).
e. Disclosure Authorization. In the event that the hand-carry of classified information shall also involve the disclosure of such information to foreign nationals, the DoD Component official responsible for approving the hand-carry is also responsible for ensuring a disclosure authorization is obtained in accordance with Reference (y).
13. ESCORT, COURIER, OR HAND-CARRY AUTHORIZATION. Responsible officials, as determined by DoD Component procedures, shall provide a written statement to each individual who is authorized to escort, courier, or hand-carry classified material. Procedures for authorizing on-site contractors to escort, courier, or hand-carry classified material shall comply with the requirements of References (w) and (az). Authorization to escort, courier, or hand-carry SCI shall be in accordance with Reference (i).
a. The authorization statement may be contained in a letter, a courier card, or other written document, including travel orders. For travel aboard commercial aircraft, section 14 of this enclosure also applies. For international travel, also see the Appendix to this enclosure.
b. DoD (DD) Form 2501, “Courier Authorization,” may be used to identify appropriately cleared DoD military and civilian personnel who have been approved to hand-carry classified material according to the following:
(1) The individual has a recurrent need to hand-carry classified information.
(2) An appropriate official in the individual’s servicing security office signs the form.
(3) The form is issued for no more than 2 years at a time. The requirement for authorization to hand-carry classified information shall be reevaluated and/or revalidated at least once every 2 years, and a new form issued, if appropriate.
(4) Only the last four (4) digits of the individual’s social security number shall be used in completing the DD Form 2501. Currently valid DD Forms 2501 shall be updated when renewed.
(5) The use of the DD Form 2501 for verification of authorization to hand-carry SCI or SAP information shall be according to policies and procedures established by the official having security responsibility for such information or programs.
14. HAND-CARRYING OR ESCORTING CLASSIFIED INFORMATION ON COMMERCIAL AIRCRAFT. Although pre-coordination is not typically required, in unusual
p. 66
DoDM 5200.01-V3, February 24, 2012
ENCLOSURE 4
Change 3, 07/28/2020 66 situations advance coordination with the local Transportation Security Administration (TSA) field office may be warranted to facilitate clearance through airline screening processes.
a. The individual designated as courier shall possess a DoD or contractor-issued identification card and a government-issued photo identification card. (If at least one of the identification cards does not contain date of birth, height, weight, and signature, include these items in the written authorization.)
b. The courier shall have a courier card or authorization letter prepared on letterhead stationary of the agency authorizing the carrying of classified material, which shall:
(1) Give the full name of the individual and his or her employing agency or company.
(2) Carry a date of issue and an expiration date.
(3) Carry the name, title, signature, and phone number of the official issuing the letter.
(4) Carry the name of the person and official U.S. Government telephone number of the person designated to confirm the courier authorization.
c. Upon arrival at the screening checkpoint the individual designated as courier shall ask to speak to the TSA Supervisory Transportation Security Officer and shall present the required identification and authorization documents. If the courier does not present all required documents, including valid courier authorization, DoD or contractor-issued identification card, and government-issued photo identification card, TSA officials will require the classified material to be screened in accordance with their standard procedures.
d. The courier shall go through the same airline ticketing and boarding process as other passengers. When the TSA Supervisory Transportation Security Officer confirms the courier’s authorization to carry classified material, only the U.S. Government classified material is exempted from any form of inspection; the courier and all of the courier’s personal property shall be provided for screening. The classified material shall remain within the courier’s sight at all times during the screening process. When requested, the package(s) or the carry-on luggage containing the classified information may be presented for security screening so long as the courier maintains visual sight and the packaging or luggage is not opened.
e. Hand-carrying items aboard international commercial aircraft shall be done only on an exception basis. DoD travelers requiring access to classified materials at an overseas location shall exhaust all other transmission options (e.g., electronic file transfer, advance shipment by courier) before hand-carrying items aboard international commercial aircraft. See also sections 12 and 13, paying particular attention to paragraph 12.d. In addition to the requirements in the subparagraphs above, for international travel the authorization letter shall describe the material being carried (e.g., “three sealed packages (9” x 8” x 24”),” addressee and sender) and the official who signed the authorization letter shall sign each package or carton to be exempt to facilitate its identification.
p. 67
DoDM 5200.01-V3, February 24, 2012
ENCLOSURE 4
Change 3, 07/28/2020 67
Appendix Transfer of Classified Information or Material to Foreign Governments
p. 68
DoDM 5200.01-V3, February 24, 2012
APPENDIX TO ENCLOSURE 4
Change 3, 07/28/2020 68 APPENDIX TO ENCLOSURE 4
TRANSFER OF CLASSIFIED INFORMATION OR MATERIAL TO FOREIGN GOVERNMENTS
1. GENERAL
a. Transfers of classified information and material to a foreign government or international organization (hereinafter, “foreign government”) may occur in the United States, in the recipient country, or in a third country. The risks of loss or compromise increase when classified information and material are transferred across international borders. Therefore, transfer arrangements must be thorough and clearly written. They must be understood and agreed to by the sending and receiving government officials involved in the transfer.
b. Transfers shall occur between government officials through official government-to- government channels (e.g., U.S. Government military transportation, Military Postal Service registered mail, Defense Courier Service, the Defense Transportation System). However, in some cases, it may not be possible to transfer the information and material through official government-to-government channels; the use of other channels may be necessary. These other channels may involve transfers by hand carrying or secure communications between cleared contractors or the use of cleared freight forwarders and commercial carriers.
c. Classified information or material, approved for disclosure in accordance with Reference (y), to be transferred to a foreign government or its representative shall be transferred only to a person or organization designated by the recipient government to sign for and assume custody and responsibility on behalf of the government. This designation should be in a letter of offer and acceptance (LOA), in a program agreement or arrangement or its implementing procedures, in a contract, or in a visit authorization. The designation shall contain assurances that the person to receive the information or material will have a security clearance at the appropriate level, that the person shall assume full security responsibility for the material on behalf of the foreign government, and that the information will be protected in accordance with the governing agreement or arrangement.
d. If other than government-to-government channels are to be used to transfer classified information or material to a foreign government, written transfer arrangements shall be approved by the DSAs of the sending and receiving governments, unless authority is delegated by a DSA, in writing, to a DGR of the respective sending or receiving government. The written arrangements shall provide for a DoD DGR or other DoD official to exercise oversight and ensure secure transfer from the point of origin to the ultimate destination, or to another agreed location where the recipient government’s representative assumes responsibility. The information or material transferred shall be classified no higher than Secret.
e. Each LOA, agreement, contract, or other arrangement involving the disclosure or release of classified information or material to foreign governments shall either contain detailed transfer instructions or require that the DoD Component sponsoring the transaction and the recipient
p. 69
DoDM 5200.01-V3, February 24, 2012
APPENDIX TO ENCLOSURE 4
Change 3, 07/28/2020 69 government prepare and approve a separate plan for transferring the information or material. See section 10 of this appendix for required transportation plan content. If classified information or material is to be transferred from a non-governmental entity to a foreign government, it is also subject to the requirement of Reference (x).
f. U.S. Government communications and IT systems used for the transfer of classified information to foreign governments shall comply with paragraph 8.a. of Enclosure 4 of this Volume.
g. The requirements of this appendix do not pertain to:
(1) The disclosure or release of intelligence information and products under the purview of the DNI. Such disclosure or release shall be governed by policy issued by the DNI.
(2) Transfers of classified information and material during visits, which shall comply with Reference (q) and paragraph C3.2.7.6 of the Department of Defense Foreign Clearance Manual (Reference (bd)).
2. RECEIPTS. Receipts are required for all transfers of classified information and material to a foreign government, except as noted in paragraphs 2.a. and 2.b. of this section. The receipts serve two important purposes. First, they document the transfer of security jurisdiction between the governments. Second, they alert the recipient government that the information or material has been transferred, and that it is responsible for protecting the information or material in compliance with the pertinent security or program agreement or arrangement.
a. Most foreign governments waive the receipt requirement for their restricted information.
b. Transmissions of classified information to a foreign government by IT and communications systems meeting the requirements of paragraph 1.f. of this appendix shall, at a minimum, be audited to assure that the intended recipient receives the information. The audit procedures for verifying receipt shall be commensurate with those specified in Reference (v).
3. TRANSFERS BY DOD COMPONENT COURIER SERVICE, HAND-CARRYING, OR POSTAL SERVICE. Classified material that is of such size, weight, and configuration that it is suitable for transfer by an official DoD Component courier service, by a DoD employee approved to hand-carry classified information or material, or by U.S. Postal Service or Military Postal Service registered mail, shall be transferred in compliance with Enclosure 4 of this volume, and shall be delivered or addressed to:
a. An embassy, consulate, or other official agency of the recipient government having extraterritorial status in the United States; or
b. A U.S. Embassy or a U.S. military organization in the recipient country or in a third-party country for delivery to a DGR or other designated representative of the recipient government.
p. 70
DoDM 5200.01-V3, February 24, 2012
APPENDIX TO ENCLOSURE 4
Change 3, 07/28/2020 70
4. TRANSFERS OF CLASSIFIED INFORMATION OR MATERIAL AS FREIGHT
a. Foreign Military Sales (FMS). DoD officials authorized to approve an FMS transaction involving the delivery of U.S. classified material to a foreign government shall, prior to any commitment on transfer arrangements, consult with supporting transportation officials to determine if secure U.S. Government transportation is available through U.S. Transportation Command or other DoD transportation authorities (e.g., Surface Deployment and Distribution Command, Military Sealift Command, Air Mobility Command) from the CONUS point of origin to the ultimate foreign destination, and to facilitate other modes of transfer when U.S. Government transportation is not available. Normally, the United States shall use the Defense Transportation System to deliver classified material resulting from FMS to the recipient government. The DoD Component FMS implementing agency that prepares the LOA shall develop a transportation plan in coordination with the foreign government. A generic transportation plan, containing standard security requirements necessary for any transfer, should be prepared during LOA negotiation. The LOA should specify responsibilities for completing the plan prior to the transfer of material. Security and transportation officials supporting the implementing agency shall evaluate and approve the transportation plan, in accordance with requirements of DoDD 5105.65 (Reference (be)). If the plan is not satisfactory, the implementing agency will require that transfers be delayed until the plan is satisfactory.
b. Direct Commercial Sales. In accordance with Reference (w), transfers of classified material resulting from direct commercial sales shall comply with the same security standards that apply to FMS transfers, including the preparation of a generic transportation plan during contract negotiations.
c. Cooperative Programs. Transfer of classified information or material in support of a cooperative program shall be through official government-to-government channels or through other channels as agreed to by the respective governments (government-to-government transfer).
5. DELIVERY WITHIN THE UNITED STATES. Delivery of classified information or material to a foreign government at a point within the United States, using carriers specified in Enclosure 4 for the level of classified information or material involved, shall take place at:
a. An embassy, consulate, or other official agency under the control of the recipient government. An official designated by the foreign government as its DGR shall sign for the consignment.
b. The point of origin. When a DGR or other representative designated by the recipient government accepts delivery of classified material at the point of origin (e.g., a manufacturing facility or depot), the DoD DGR or other designated DoD official who transfers custody shall ensure that the recipient has a copy of the transportation plan and understands the secure means of onward movement of the classified material to its final destination, consistent with the approved transportation plan. A freight forwarder or other transportation agent shall not be
p. 71
DoDM 5200.01-V3, February 24, 2012
APPENDIX TO ENCLOSURE 4
Change 3, 07/28/2020 71 designated as a DGR. Such entities merely facilitate the shipment of the material and are subject to U.S. jurisdiction.
c. A military or commercial port of embarkation (POE) that is a recognized point of departure from the United States for on-loading aboard a ship, aircraft, or other carrier which is owned, controlled by, or registered to the recipient government. In such case, the transportation plan shall provide for U.S.-controlled shipment to the U.S. transshipment point and the identification of a cleared storage facility, U.S. Government or commercial, at or near the POE. The transportation plan shall identify the person who is to assume security oversight and control of the material while it is aboard the carrier. A DoD DGR or other designated U.S. Government official authorized to transfer custody shall supervise or observe the on loading of the classified material being transferred unless physical custody and security responsibility for the material is assumed by the recipient government’s DGR prior to loading. In the event that transfer of physical and security custody cannot be accomplished promptly, the DoD official shall ensure that the classified material is either returned to a secure storage facility of the U.S. shipper, segregated and placed under constant surveillance of a duly cleared U.S. security force at the POE, or held in a secure storage facility designated in the transportation plan.
d. A cleared freight forwarder facility identified by the recipient government in the transportation plan as its transfer agent. Unless the recipient government DGR is present to accept delivery of the classified material and receipt for it, to include acceptance of security responsibility on behalf of the recipient government, the DoD DGR shall maintain oversight until the recipient government DGR signs for and accepts such responsibility. The freight forwarder is a transfer agent and shall not be the recipient government’s DGR.
6. DELIVERY OUTSIDE THE UNITED STATES
a. Within the Recipient Country. Classified material to be delivered to a foreign government within the recipient country shall be delivered on arrival in the recipient country to a U.S. Government representative who shall arrange for its transfer to a DGR or other recipient government representative identified in the transportation plan. If a U.S. Government official authorized to accomplish the transfer of custody escorts the shipment, the material may be delivered directly to the recipient government’s DGR or other recipient government representative upon arrival.
b. In a Third Country. Classified material to be delivered to a foreign government representative within a third country shall be delivered to an agency or installation of the United States, or of the recipient government, that has extraterritorial status or otherwise is exempt from the jurisdiction of the third country. Unless a U.S. Government official authorized to accomplish the transfer of custody escorts the material, a U.S. Government official shall be designated locally to receive the shipment upon arrival and deliver it to a DGR or other recipient government representative identified in the transportation plan.
p. 72
DoDM 5200.01-V3, February 24, 2012
APPENDIX TO ENCLOSURE 4
Change 3, 07/28/2020 72 7. USE OF INTERNATIONAL CARRIERS. Transfers of classified material to locations outside the United States shall be made only via ships, aircraft, or other carriers as specified in Enclosure 4 of this Volume.
8. ESCORTS. Escorts are required aboard the carrier when transfers to a foreign government are to occur outside the United States. Escorts shall possess personnel security clearances of at least the same classification level as the material to be transferred. The escorts shall be provided by the implementing agency for FMS cases or by the U.S. cleared contractor for direct commercial sales, unless:
a. The material is shipped by U.S. military carrier and the crew assumes control of the material.
b. The recipient government DGR has signed for the consignment, a recipient-government military carrier or carrier owned by or registered to the recipient government is used, and the recipient government provides the cleared escort.
c. The exception authorized in paragraph 4.j. of Enclosure 4 is used and the conditions of that paragraph are met.
9. RETURN FOR REPAIR, MODIFICATION, OR MAINTENANCE. Foreign governments may return classified material for repair, modification, or maintenance. The requirements for return shipment shall be specified in the LOA for FMS and in the security requirements section of a direct commercial sales contract. The transfer procedures shall be in the original transportation plan and shall include the same details on transportation channels, routes, transfer points, and identity of responsible officials as specified for the original transfer.
10. TRANSPORTATION PLAN. The transportation plan required by paragraph 1.e. of this appendix shall, at a minimum, include:
a. The purpose of the plan (i.e., FMS or direct commercial sale, with FMS case designator or commercial contract identification), purchasing government, and date.
b. A description of the material to be shipped, identification of the associated FMS case or contract line item(s), munitions list category, and classification.
c. A description of packaging requirements, seals, and storage requirements during shipment.
d. Identification, by name, title, organization of the DGRs, security and transportation officials who will arrange the transfer of, sign receipts for, and assume security responsibility for the freight during the transfer process. Mailing addresses, telephone numbers, fax numbers, and e-mail addresses must be listed for each government’s representatives.
p. 73
DoDM 5200.01-V3, February 24, 2012
APPENDIX TO ENCLOSURE 4
Change 3, 07/28/2020 73
e. Identification and specific location(s) of the delivery points, transfer points, and/or processing points and description of the security arrangements for the material while located at each point; if transfers will occur between carriers, explain the process, including the identification of persons who will be involved.
f. Identification of commercial entities that will be involved in the shipping process (e.g., carriers and freight forwarders or transportation agents), the extent of their involvement, and their clearance. Include names, addresses, telephone and fax numbers, e-mail addresses, and points of contact.
g. A description of each segment of the route to be taken and, if applicable, security arrangements for overnight stops or delays.
h. Arrangements for dealing with port and carrier security, immigration, and customs officials. Identify personnel from each who have been consulted (and an alternate), and their telephone and fax numbers, and e-mail addresses.
i. Names of escorts (and who they represent) or other responsible officials (e.g., Captain or crew chief) to be used, including their government identification, passport numbers, security clearances, and details concerning their responsibilities. Describe procedures for their accessibility to the material while in storage. If the shipment will occur on a recurring basis, the shipper shall provide an updated list of escorts with their identifying data prior to each shipment in accordance with provisions of the approved plan.
j. A description of emergency procedures, and who is responsible for actions that must be taken in the event of an emergency (e.g., unexpected stop anywhere along the route). Identify individuals by name, and provide their organization, telephone and fax numbers, and e-mail addresses.
k. Procedures for loading and securing the material.
l. Procedures for unloading the material and dealing with government port security, customs, and immigration officials.
m. Identification, by name and personal identification, of the person who will ultimately sign for and assume final control of the material for the recipient government.
n. A requirement for the recipient government to examine shipping documents upon receiving classified material in its own territory and notify the DoD Component responsible for security of the classified material if the material has been transferred en route to any carrier not authorized by the transportation plan.
o. A requirement for the recipient government to inform the DoD Component responsible for the security of the classified material promptly and fully of any known or suspected compromise of the classified material.
p. 74
DoDM 5200.01-V3, February 24, 2012
APPENDIX TO ENCLOSURE 4
Change 3, 07/28/2020 74
p. Specific, detailed arrangements for return shipments for repair, overhaul, modification, or maintenance (see section 9 of this appendix).