Military Department (MILDEP) or Other DoW Export Policy

Foreign Disclosure Officer / representative to review applicable policy to ensure compliance with Department of Defense Instruction (DoDI) 2040.02.

Responsible for leading coordination and compliance with other MILDEP and/or Other DoW Export Policies as needed.

Certify via Implementing Agency (IA) Cover Memo that the review was conducted, coordinated as needed, approval is in place, and package is compliant with policy.

Requirements met during Congressional Notification (CN) review. Certify compliance on IA Cover Memo.

Foreign Disclosure

Foreign Disclosure Officer review to ensure compliance with National Disclosure Policy (NDP-1) and instructions for the handling of Foreign Government Information in accordance with Executive Order (E.O.) 13526, DoDI 5230.11 (DoW CAC Holders Only), and DoDI 5200.39.

Foreign Disclosure Officer review and coordinate with non-DoW intelligence members for National Intelligence information in accordance with Department of Defense Directive (DoDD) 5240.01, DoDI-S-3200.17 (Not for Public Release), Title 50 authorities, Defense Intelligence Agency (DIA) DPR-00-217-99 (not for public release), Joint Publication (JP) 2-01, Director of Central Intelligence Directive (DCID 6/7), Intelligence Community Directive (ICD)-113..

Approval is obtained for all classified content. Required NDP-1 approvals, to include written approvals for requests for Exceptions to National Disclosure (ENDP) are obtained (e.g., Record of Action, Policy Statement).

Certify via IA Cover Memo that the review was conducted, and package is compliant with policy.

Requirements met during CN review. Certify compliance on IA Cover Memo.

Anti-Tamper

Review for Critical Program Information (CPI), ensure Anti-Tamper (AT) plans address identified CPI, are coordinated and approved by the AT Executive Agent in writing, and appropriately incorporated within the package. IA will document when no CPI is present.

Note that AT requirements are typically addressed through Low Observable/Counter Low. Observable (LO/CLO) Decision Memorandums.

Ensure compliance with AT Technical Implementation Guide, DoD CPI Horizontal Protection Guidance, DoDI 5000.83, DoDI 5200.39, DoDD 5200.47E

Ensure all necessary costs associated with AT are incorporated within case.

Certify compliance with AT requirements on IA Cover Memo that the review was conducted, and package is compliant with policy.

In addition, all LO/CLO Tri-Service Committee Decision Memorandum AT conditions must be met prior to Letter of Offer and Acceptance (LOA) offer.

Ensure all necessary costs associated with AT are incorporated within case and certify compliance with AT requirements on IA Cover Memo.

Note: Verification and Validation testing must be successfully completed, and written Anti-Tamper Executive Agent concurrence obtained prior to export of hardware.

Special Access Program

When IA is aware of Special Access Program content, IA will conduct review and coordinate with Special Access Program Coordination Office, as appropriate, and consistent with E.O. 12968, E.O. 13526, DoDD 5205.07, DoDI 5205.11.

Obtain written approval from Special Access Program Coordination Office, when directed thereto.

Requirements met during CN review.

LO/CLO

IA LO/CLO representative review to ensure compliance with LO/CLO policy and ensure coordination with LO/CLO stakeholders in accordance with policy. Ensure compliance with E.O. 12968, E.O. 13526, DoDM-S-5230.28 (Not for public release).

Complete coordination on any items requiring additional review and obtain written approval (i.e., Decision Memorandum), if needed.

Certify via IA Cover Memo that the review was conducted, and package is compliant with policy.

All LO/CLO TSC Decision Memorandum conditions are met prior to LOA offer.

Certify compliance on IA Cover Memo.

Communications Security (COMSEC)

Obtain Release In Principle (RIP) and Release In Specific (RIS), as required, per the CJCSI 6510.06 (Not for public release) for all Major Defense Equipment (MDE) defense articles containing COMSEC/ Controlled Cryptographic Items (CCI).

Review and ensure compliance with Chairman of the Joint Chiefs of Staff Instruction (CJCSI) 6510.06 (Not for public release).

North Atlantic Treaty Organization (NATO) Member Countries:

No unique approval is required due to assumed interoperability requirements based on NATO treaties.

Non-NATO member countries:

Obtain RIP and RIS as required per the CJCSI 6510.06 (Not for public release). Validate the interoperability requirements.

• Non-MDE: Minimum requirement is an approved RIP.
• MDE: MDE articles are required to be identified by name in CN. All MDE COMSEC items included on a CN must have an approved RIS, including the item being proposed for sale.

Certify via IA Cover Memo that the review was conducted, and package is compliant with policy.

CCI/COMSEC items must have an National Security Agency (NSA) Authorization to Sell letter prior to LOA offer. LOA Items and quantities must be equal to or less than what is authorized for release in the NSA Authorization to Sell letter.

Certify compliance on IA Cover Memo.

Missile Technology Control Regime (MTCR)

Review to ensure compliance with MTCR policy, to include obtaining necessary written approvals.

MTCR Cat 1 Items: Department of State (State) Bureau of Arms Control and Nonproliferation, Office of Weapons of Mass Destruction and Missile Controls (ACN/WMC) written approval required. Load written approval within ePackage

MTCR Cat 1 Unmanned Aerial System (UAS): Implementing Agencies will notify State Bureau of Political-Military Affairs, Office of Regional Security and Arms Transfers (PM/RSAT) upon receipt of actionable Letter of Request (LOR).

MTCR Cat 2 items: None

Certify via IA Cover Memo that the review was conducted, and package is compliant with policy.

MTCR Cat 1 items: LOA items and quantities must match State (ACN/WMC) approval.

MTCR Cat 2 items: State (ACN/WMC) approvals must be received for any items controlled on MTCR Category 2 prior to LOA offer. LOA items and quantities must match State (ACN/WMC) approval.

Certify compliance on IA Cover Memo.

Assured Positioning, Navigation, and Timing/Global Positioning Systems (PNT/GPS) (e.g., Pulse Per Second (PPS)/ Selective Availability Anti-Spoofing Module (SAASM) or M-code)

DoW Chief Information Officer (CIO) or Committee on National Security System (CNSS) approval as required.

Confirm that Partner is on the DoW CIO GPS/PPS Pre-Approved User Equipment list;

OR

Obtain written case-specific approval from the CNSS.

Certify via IA Cover Memo that the review was conducted, and package is compliant with policy.

GPS approval letters from U.S. Space Force (USSF) GPS Wing must be obtained prior to LOA offer. LOA items must match and quantities must not exceed GPS approval letter.

Certify compliance on IA Cover Memo.

Man-Portable Night and Enhanced Vision Devices (including Image Intensifier Tubes)

Review to ensure compliance with Night and Enhanced Vision Export Policy Implementation Instructions (NEVEPII).

Written approval only required where request has policy presumption of denial or specific restrictions per the NEVEPII.

Certify via IA Cover Memo that the review was conducted, and package is compliant with policy.

Obtain written DSCA written approval as required per the NEVEPII (e.g., exceeds presumptive approval thresholds).

LOA items must match, and quantities must not exceed approval letter.

LOAs must include appropriate FMS case notes or funding lines to comply with DSCA approval letter conditions, if necessary.

Certify compliance on IA Cover Memo.

Air-to-Ground (A/G), Surface-to-Surface (S/S) Munitions, their Delivery Systems, and Ship-to-Shore Munitions

Obtain LOR Advisory for munitions within the scope of the Targeting Infrastructure Policy (TIP) per Section C4.4.18. and Figure C5.F5B.

LOAs must include appropriate TIP note.

Certify compliance on IA Cover Memo

Electronic Warfare (EW) & Signals Intelligence (SIGINT) Hardware

Obtain EW/SIGINT LOR Advisory or have sufficient progress as determined by DSCA (Office of International Operations, Weapons Directorate, Command, Control, Communications, Computers, Cyber, and Intelligence team (IOPS/WPN/C5I).

LOR Advisory shall meet requirements in accordance with Section C3.7.4.3. and Section C5.1.8.2.

NSA’s Technology Security and Export Control office (TSEC) shall be notified if the EW/SIGINT system will be utilized in a SIGINT mission role in support of the Partner’s intelligence collection requirements.

EW/SIGINT systems that will utilize NSA and/or DIA U.S. Intelligence Mission Data (IMD) shall comply with the “EW/SIGINT - U.S. Intelligence Mission Data” section below.

Obtain LOR Advisory

Operational EW/SIGINT systems which will utilize NSA and DIA IMD shall be certified by the NSA Cybersecurity Directorate to adequately protect NSA data from tamper or loss. EW/SIGINT systems in development shall have a path to certification, which may involve funding lines in an LOA, prior to LOA offer. Non-certified systems must be otherwise approved for transfer by the NSA.

EW/SIGINT systems that will be used in a SIGINT role supporting the Partner’s intelligence collection requirements shall have an Authorization to Sell letter from NSA TSEC.

Certify compliance on IA Cover Memo.

EW & SIGINT U.S. Intelligence Mission Data

Obtain EW/SIGINT LOR Advisory or have sufficient progress as determined by DSCA(IOPS/WPN/C5I).

LOR Advisory shall meet requirements in accordance with Section C3.7.4.3. and Section C5.1.8.2.

A platform/system paired Intel Support in Principle (ISIP) for NSA and DIA owned Intelligence Mission Data

Obtain LOR Advisory

Platform/system paired RIS, as approved by the National SIGINT Committee (SIGCOM), for direct release of NSA and DIA owned IMD for In-Country Reprogramming.

Approval by relevant data owners, and confirmed by the IA EW managers, for mission data outside SIGCOM authorities.

For Indirect Release of IMD, a line item in the LOA shall fund the Service reprogramming activities supporting the case.

For Indirect and Direct release of IMD, a line item in the LOA shall fund the Intelligence Agencies and DoW Service Intelligence Elements who support reprogramming activities.

Certify compliance on IA Cover Memo.

Geospatial Intelligence (GEOINT) Products

GEOINT requirements identified and approved by the National Geospatial Intelligence Agency (NGA) for non-commercial data

NGA written approval letter must be provided for LOAs which include GEOINT case lines.

NGA approval not required for commercial data.

Certify compliance on IA Cover Memo.