SORT: 5200.12 DOCI: DODD 5200.12 DATE: 19920727 TITL: DODD 5200.12 Conduct of Classified Meetings, July 27, 1992, ASD(C3I) Refs: (a) DoD Directive 5200.12, "Conduct of Classified Meetings," May 16, 1988 (hereby canceled) (b) DoD 5200.1-R, "Information Security Program Regulation," June 1986, authorized by DoD Directive 5200.1, June 7, 1982 (c) DoD 5220.22-R, "Industrial Security Regulation," December 1985, authorized by DoD Directive 5220.22, December 8, 1980 (d) DoD 5220.22-M, "Industrial Security Manual for Safeguarding Classified information, January 1991, authorized by DoD Directive 5220.22, December 8, 1980 (e) through (j), see enclosure 1 A. REISSUANCE AND PURPOSE This Directive reissues reference (a) to update DoD policy, procedures, and responsibilities for the conduct of classified meetings. B. APPLICABILITY AND SCOPE 1. This Directive: a. Applies to the Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Unified and Specified Commands, and the Defense Agencies (hereafter referred to collectively as "DoD Components") b. Applies to those classified meetings defined in enclosure 2. 2. Does not apply to in-house gatherings, to routine gatherings of U.S. Government officials, to classes conducted by DoD schools, or to gatherings between personnel of a DoD Component and foreign government representatives or U.S. and/or foreign contractor representatives on a matter related to a specific government contract, program or project, such as program reviews. Security for such gathering s must be commensurate with the requirements of references (b),(c), and (d) to protect and control access to classified information presented at the gatherings. C. DEFINITIONS The terms used in this Directive are defined in enclosure 2. D. POLICY The dissemination of classified information to large audiences increases security risks and may involve substantial costs to provide adequate security. Therefore, DoD policy is as follows: 1. The number of meetings involving dissemination of classified information must be limited and those conducted shall be authorized only when the Head of the appropriate DoD Component, or a designee, determines the following in writing: a. Conduct of the classified meeting serves a specific U.S. Government purpose. b. The use of other prescribed channels for dissemination of classified information does not accomplish the purpose. c. The location selected for the meeting is under the security control of a U.S. Government Agency or a U.S. contractor having an appropriate facility security clearance. d. Adequate security procedures have been developed and can be implemented. 2. The conduct of a classified meeting shall be authorized by the Head of a DoD Component that has a principal interest in the subject matter of the meeting. This responsibility may be delegated. However, if the meeting involves a non-Government organization or foreign participation, it shall be delegated only as follows: a. To a person serving in a position at or above the level of deputy assistant secretary or equivalent for the OSD. b. The senior security official in the Military Departments. (See DoD 5200.1-R, subsection 13-301 (reference (b)).) c. The Director of the Joint Staff. d. The Directors of Defense Agencies. (Written authorization by the appropriate DoD official shall be obtained following the procedures described in section F., below, before any commitments are made or any announcements are published on the conduct of a classified meeting.) 3. The Heads of the DoD Components, or their designees, following the procedures described in section F., below, may authorize organization of and administrative support to classified meetings by non-Government organizations. However, the authorizing official shall retain full responsibility for all security aspects of the classified meeting. This responsibility shall include decisions on what classified information is to be presented, the level of classification to be assigned to the meeting, and the propriety of permitting attendance by foreign nationals. 4. Classified presentations shall be segregated from unclassified presentations to the maximum extent practicable. a. Classified sessions shall be held ONLY at a U.S. Government installation or a U.S. contractor facility where adequate physical security and procedural controls have been approved. b. Post or base theaters and other facilities normally open to uncontrolled access may be used for classified meetings only if no secure facility is available and unauthorized physical and aural access is prevented during the course of the meetings. A technical surveillance countermeasures (TSCM) survey may be conducted if deemed necessary by the TSCM program manager of one of the DoD Components listed in DoD Instruction 5240.5, paragraph E.l.f. (reference (e)), after consideration of relevant factors, such as sensitivity of the information to be presented, proximity to foreign embassies or consulates, and the degree of day-to-day public access to the post, base, or facility. The TSCM program manager should base his or her decision on the probability of installation of technical monitoring equipment by a hostile intelligence service at the facility to be used for the meeting. E. RESPONSIBILITIES 1. The Assistant Secretary of Defense for Command, Control, Communications and Intelligence: a. Shall be responsible for the effective implementation of this Directivewithin the Department of Defense. b. May make exceptions to the requirements of this Directive on a case-by-case basis when he or she determines that doing so furthers the mission of the Department of Defense and is consistent with the protection of classified information from unauthorized disclosure. 2. The Heads of the DoD Components shall establish procedures to ensure compliance with this Directive. F. PROCEDURES 1. The initial steps in the process of organizing a classified meeting, subject to this Directive, are to certify the Government's purpose for conducting the meeting, establish conditions under which the meeting shall be organized, and obtain the required authorization. The authorization foreach meeting shall establish that the policy requirements in subsection D.l., above, are satisfied, and describe, as a minimum, the following: a. The subject of the meeting and scope of classified topics, to include the maximum authorized classification level. b. The expected dates and location of the meeting. c. The degree to which foreign participation shall be permitted, if appropriate, either by nationality, personal identity, organization affiliation, or a combination thereof. (See DoD Instruction 5230.20, paragraph E.l.d. (reference (f)). d. The general content of the proposed announcement and/or invitation to be sent to prospective attendees or participants. e. The identity of any non-Government organization involved, and a full description of the type of support it shall provide. f. The security arrangements necessary to comply with DoD 5200.1-R DoD 5220.22-R, and DoD 5220.22-M (references (b), (c), and 2. The DoD official who authorizes the classified meeting shall appoint a security manager for the meeting. The security manager shall be a DoD official of sufficient rank and experience to ensure that the requirements of this Directive; references (b), (c), and (d); and DoD Instruction 5230.20 (reference (f)) are met. The DoD security manager may use the services of a U.S. contractor that holds an appropriate facility security clearance or a U.S. Government organization to assist with implementation of security requirements under the DoD security manager's supervision. 3. The location selected for the classified sessions of the meeting must provide for proper control of access and dissemination of the classified information to be presented, and must have a secure storage capability, if necessary. 4. The content of announcements and invitations concerning classified meetings shall be approved by the DoD security manager before dissemination. a. Announcements of classified meetings shall be unclassified and shall belimited to a general description of topics expected to be presented, names of Speakers and administrative instructions for requesting invitations or participation. They shall not describe the specific classified subjects that are to be presented or solicit classified presentations until the requirements-of subsection F.l., above, have been satisfied. The announcements then only may state that a DoD Component has authorized the conduct of classified sessions and provide instructions on application for attendance and security requirements. In this case, the announcement shallfurther specify that security clearances and justification for attendance are to be forwarded to the DoD security manager, or his or her specified designee. b. Foreign governments shall be invited, as appropriate, after the DoD security manager determines that the applicable requirements of this Directive and DoD Instruction 5230.20 (reference (f)) shall be satisfied. Invitations to foreign governments shall be sent by the DoD Component conducting the meeting to the applicable foreign embassy in the United States or to the applicable U.S. embassy abroad. The invitation shall require that each invited foreign government provide identification of its representatives and security assurances in compliance with visit request procedures described in reference (f). 5. Access to classified meetings shall be authorized only to those persons whose security clearance and requirement for attendance have been certified by the security officer of the organization represented. The names of all properly authorized attendees or participants must appear on an access list with entry permitted to the classified meeting only after verification by the DoD security manager, or his or her designee, based on presentation of official photographic identification (e.g., passport, contractor identification card, etc.). 6. Classified information to be presented must be authorized for disclosure in advance by the U.S. Government Department or Agency having classification jurisdiction over the information involved. If there is to be participation by foreign nations, each U.S. Government and U.S. contractor employee also must provide a written assurance by the responsible U.S. Government foreign disclosure office that their presentation has been cleared for foreign disclosure in compliance with DoD Directive 5230.11 (reference (g)). This requirement may be satisfied for U.S. contractors by a valid export license. In the absence of such assurances, the classified presentation shall not be permitted. 7. Classified presentations shall be delivered orally and/or visually. Classified documents shall not be distributed and classified note-taking and electronic recordings shall not be permitted by attendees during classified presentations. However, a DoD Component that conducts a classified meeting may compile and distribute classified presentations to authorized representatives of Government Agencies and cleared U.S. contractors having storage capability subject to compliance with DoD 5200.1-R (reference (b)). A DoD Component similarly may authorize compilation and distribution of classified presentations on its behalf. The release of classified presentations to foreign governments and their representatives shall be in compliance with DoD Instruction 5230.20 (reference (f)) and DoD Directive 5230.11 (reference (g)). 8. The Assistant Secretary of Defense for Command, Control, Communications and Intelligence shall be provided a copy of all authorizations for classified meetings that are conducted in collaboration with a non- Government organization or association; the information specified in subsection F.l., above, shall be included. The Director, National SecurityAgency/Chief, Central Security Service, shall be notified in the case of participation by foreign representatives in meetings involving special intelligence in accordance with DoD Directive C-5230.23 (reference (h)). 9. Reports of knowing, willful, or negligent disclosures of classified information at classified meetings to unauthorized persons shall be forwarded to the Director, Counterintelligence, Office of the Deputy Assistant Secretary of Defense (Counterintelligence and Security Countermeasures), Office of the Assistant Secretary of Defense for Command, Control, Communications and Intelligence. G. INFORMATION REQUIREMENTS The information requirements of this Directive are exempt from licensing by paragraphs E.4.g. and E.4.h. of DoD 7750.5-M (reference (i)). H. EFFECTIVE DATE AND IMPLEMENTATION This Directive is effective immediately. Forward two copies of implementing documents to the Assistant Secretary of Defense for Command, Control, Communications and Intelligence within 120 days. Donald J. Atwood Deputy Secretary of Defense Enclosures - 2 1. References 2. Definitions REFERENCES, continued (e) DoD Instruction 5240.5, "DoD Technical Surveillance Countermeasures (TSCM) Survey Program," May 23, 1984 (f) DoD Instruction 5230.20, "Visits and Assignments of Foreign Representatives," April 24, 1992 (g) DoD Directive 5230.11, "Disclosure of Classified Military Information to Foreign Governments and International Organizations," December 31, 1984 (h) DoD Directive C-5230.23, "Intelligence Disclosure Policy (U)," November 18, 1983 (i) DoD 7750.5-M, "Procedures for Management of Information Requirements," November 1986, authorized by DoD Directive 7750.5, August 7, 1986 (j) Executive Order 12356, "National Security Information," April 16, 1982 DEFINITIONS 1. Announcement. General notification of a proposed meeting that is distributed to the public or to the membership of an organization or association. 2. Classified Information. Information or material that is: a. Owned by, produced for or by, or under the control of the U.S. Government. b. Determined by E.0. 12356 (reference (j)) or prior orders to require protection against unauthorized disclosure. c. So designated. 3. Classified Meeting. A conference, seminar, symposium, exhibit, convention, training course, or other such gathering during which classified information is disseminated, but exclusive of gatherings exempted, under subsection B.2. of this Directive. 4. Foreign National. A person who is not a citizen or national of the United States. 5. In-house Meeting. A gathering of DoD personnel assigned to the same DoDComponent or of employees of the same DoD contractor. 6. Invitation. A formal request or solicitation to participate in or attend a meeting that is sent directly to a person or group of persons. 7. Security Manager. A DoD official designated to be responsible for supervising all security aspects of a classified meeting. ---------------------------------