DISCLOSURE OF MILITARY INFORMATION TO FOREIGN
GOVERNMENTS AND INTERNATIONAL ORGANIZATIONS
___________________________________________________________________________________________________
1.1. Military information must be conserved and protected from unauthorized disclosures to foreign governments or international organizations. However, special circumstances may warrant releasing military information to foreign entities when it has a clearly defined advantage for the United States. This directive establishes Air Force policies on disclosure and release of information and materiel to foreign governments, international organizations, and their duly authorized representatives.
1.2. The Air Force will avoid creating a false impression of its readiness to make available military materiel, technology, or information. All releases to foreign entities must be authorized in advance according to National Disclosure Policy criteria.
1.3. The Air Force will ensure that only properly designated Air Force disclosure authorities approve or authorize disclosures of military information under US Air Force jurisdiction or control to foreign governments, international organizations, and their representatives.
1.4. This directive establishes the following responsibilities and authorities:
1.4.1. The Secretary of the Air Force (SECAF)--as the Secretary of Defense's (SECDEF) delegated authority--discloses or denies military information originated within the US Air Force. In making these decisions, SECAF conforms with the direction of the National Military Information Disclosure Policy Committee (NDPC), which formulates, issues, and administers National Disclosure Policy.
1.4.2. The Deputy Under Secretary of the Air Force, International Affairs (SAF/IA) is the Secretary's designated Principal Disclosure Authority for matters within the Air Force.
1.4.2.1. The Chief, Disclosure Division, Deputy Under Secretary of the Air Force, International Affairs (SAF/IAD) develops and manages the Air Force foreign disclosure program.
1.4.2.2. The Disclosure Policy Branch (SAF/IADP) establishes disclosure policies, delegates all disclosure authority, and represents the US Air Force on the NDPC.
1.4.2.3. The Disclosure Implementation Branch (SAF/IADD) carries out the foreign disclosure program.
1.4.3. Under delegated disclosure authority from SAF/IADP, commanders of major commands, field operating agencies, and direct reporting units designate command foreign disclosure officers (FDO) and ensure the command disclosure program is effective.
1.5. This directive applies to all classified military information and to technical data as described in the International Traffic in Arms Regulation (ITAR). It also applies to unclassified information containing distribution statements B, C, D, E, F, or X, as defined in AFI 61-207, Marking Technical Documents.
1.6. Disclosures of military information under AFPD 35-2, Public Communication Programs, are not subject to this policy.
1.7. Disclosures under the Freedom of Information Act (FOIA) may still be subject to this policy if they fall under FOIA exemption 552 (b) (3) of Title 5, United States Code, based on specific statutory controls for technical data with military or space applications, or for items subject to the Arms Export Control Act.
1.8. This directive does not govern disclosure of narcotics intelligence, counter-intelligence, or special compartmented information or systems. It also does not apply to US military equipment or information relating to communications security, telecommunications security, or information security, including cryptographic devices and systems.
1.9. See attachment 1 for measures of compliance.
1.10. See attachment 2 for related policies and interfacing publications.
ROBERT D. BAUERLEIN
Deputy Under Secretary of the Air Force (International Affairs)
2 Attachments
1. Measuring and Displaying Compliance With Policy
2. Related Policies and Instructions
MEASURING AND DISPLAYING COMPLIANCE WITH POLICY
A1.1. SAF/IAD will measure compliance with foreign disclosure policies by collecting data on the Air Force foreign disclosure offices' casework and analyzing it for accuracy and compliance with disclosure criteria.
A1.2. Accuracy of Disclosure Casework. Each year SAF/IAD will assess disclosure casework by measuring how well casework decisions comply with disclosure criteria under National Disclosure Policy (NDP-1). Casework includes document releases, proposed delegation of disclosure authority letters (DDL), munitions export license reviews, equipment releases, briefings, and visits by representatives of foreign governments. The metric evaluates 25 randomly selected case decisions based on the NDP-1 disclosure criteria and reports the number of deviations from that criteria. Each deviation will appear as one error, with totals for each collection plotted on a chart (figure A1.1). A running count will be kept covering 4 years. The desired trend is downward toward zero, which means disclosures are 100-percent consistent with the National Disclosure Policy.
A1.2.1. To follow disclosure criteria, FDOs must make sure disclosures are:
A1.2.1.1. Consistent with the United States' foreign policy and national security objectives concerning the recipient foreign government and international organization.
A1.2.1.2. Consistent with US military and security objectives.
A1.2.1.3. Given security protection by the foreign recipient equal to that of the United States.
A1.2.1.4. Advantageous to the United States, resulting in benefits at least equivalent to the value of the information disclosed.
A1.2.1.5. Limited to what is necessary to the purpose for which disclosure is made.
Figure A1.1. Sample Metric of Casework Deviations From Disclosure Criteria.
RELATED POLICIES AND INSTRUCTIONS
A2.1. This policy implements the following publications:
Former
Publication Designation Publication Title Publication or Date
National Security Decision Disclosure of Classified United July 20, 1971
Memorandum (NSDM-119) States Information to Foreign
Governments and International
Organizations
NDP-1 National Policy and Procedures for October 1, 1988
the Disclosure of Classified Military
Information to Foreign Governments
and International Organizations
DoD Directive 5230.11 Disclosure of Classified Military June 16, 1992
Information to Foreign Governments
and International Organization
DoD Directive 5230.20 Visits and Assignments of Foreign April 24, 1992
Representatives
DoD Directive 5230.23 Intelligence Disclosure Policy November 18, 1983
DoD Directive 5230.25 Withholding of Unclassified November 6, 1984
Technical Data From Public
Disclosure
DoD Instruction 5230.18 DoD Foreign Disclosure and November 6, 1984
Technical Information System
(FORDTIS)
A2.2. This policy interfaces with the following instructions:
AFI 16-104 Attache Affairs AFRs 50-50, 200-5,
and 400-45
AFI 16-201 Disclosure of Military Information to AFR 200-9
Foreign Governments and Interna-
tional Organizations
Air Force