Student Guide: Foreign Liaison, Personnel Exchange, and Cooperative Program Personnel Length Two (2) Hours

Transcription

1 Length Two (2) Hours Description This course describes the Foreign Liaison Officer (FLO) Program, Military Personnel Exchange Program (MPEP) and Cooperative Personnel Program (CPP) which enable the U.S. Army and foreign armed forces personnel to obtain authorized positions within each party's military. Objectives Increase understanding and familiarity of programs between the U.S. and foreign government militaries in the areas of organization, administration, and operations. POC Page 1 of 34

2 CONTENTS Introduction Overview of Programs Access to DoD Facilities Summary Page 2 of 34

3 Introduction In this course, the role, function, responsibilities, and limitations of the Foreign Liaison Officer (FLO), Military Personnel Exchange Program (MPEP) personnel, and Cooperative Program Personnel (CPP) are discussed. In general, foreign nationals may be assigned or certified to commands, agencies or international program offices, hosted by the Department of the Army (DA). They must be military members or civilian employees of their government defense organization. These foreign nationals may only have access to information that has been authorized for release to their government, as described in the Delegation of Disclosure Authority Letter (DDL) supporting their position. Foreign nationals, foreign government representatives, and foreign exchange personnel may not have uncontrolled access to DoD facilities. Page 3 of 34

4 Foreign Liaison Officers The Army Foreign Liaison Officer Program was created to facilitate cooperation and understanding between the U.S. Army and the armies of allied and friendly non-allied nations. A FLO is a foreign government official who represents his or her government and is certified to a U.S. Army command or agency in support of a specific international program, project or agreement. Reciprocity is not a requirement of the FLO Program (i.e. there is no requirement for a one-to-one exchange of FLO's between the U.S. and the foreign government). The Deputy Chief of Staff, G-2 manages the U.S. Army FLO Program. Page 4 of 34

5 Army FLO Program Foreign Liaison officers (FLO) are not to be used as a member of the Army's work force. They may, however, participate in the activities of the organization to which assigned when the assignment is in support of a specific international program, project, or agreement. There are three types of Foreign Liaison Officers: 1. Security Assistance 2. Operational (to include American, British, Canadian and Australian Armies (ABCA) Standardization Representatives (StanReps) 3. National Representatives Such participation must be described in the pertinent certification or agreement, as applicable, and the related Delegation of Disclosure Authority Letter (DDL). They may have access only to that information, classified or unclassified, that has been authorized for release to their government as described in the DDL. Page 5 of 34

6 Army FLO Program (cont) A Security Assistance FLO is a foreign government representative who is assigned to a U.S. Army element or contractor facility pursuant to a requirement that is described in a Foreign Military Sale (FMS) Letter of Offer and Acceptance (LOA). An Operational FLO is a foreign government representative who is assigned to a U.S. Army element pursuant to a documented requirement to coordinate operational matters, such as combined planning or training and education. A StanRep is an operational FLO certified by the U.S. Army to represent the British, Canadian, or Australian government under the authority of the Basic Standardization Agreement. Each participating Army provides StanReps to other Armies as desired to conduct liaison between the Armies in pursuit of the ABCA goals and objectives. FLO and StanRep duties are not necessarily the same. Page 6 of 34

7 Army FLO Program (cont) A National Representative FLO is a foreign government representative who is assigned to his or her national embassy or legation in Washington, DC, to conduct liaison activities with Headquarters DA and DA elements. Foreign Liaison Officers may assume custody of documentary information for transfer to their government only when they are authorized in writing by their government to receive such information. Foreign Liaison Officers who are physically located at a DA facility may have temporary on-site custody of classified information identified in the DDL when necessary to fulfill the purpose of their assignment. They will sign a receipt for all documentary classified information. Page 7 of 34

8 Army FLO Program (cont) FLO's normally will be certified to the DA elements in accordance with AR certification procedures. Certification is formal recognition by DA of a working relationship with a representative of a foreign government (e.g. a FLO) for specified purposes and on an extended basis over an agreed period of time. All U.S. personnel, such as foreign disclosure officers and contact officers, associated with a FLO are responsible for ensuring that any disclosure of classified and unclassified military information to a FLO is consistent with the National Disclosure Policy, AR , and the FLO's DDL. The U.S. Army will not certify liaison officers for assignment to U.S. defense contractor facilities. U.S. defense contractors must obtain an export license for such assignments under the provisions of the ITAR and comply with the NISPOM. DDLs are required for all three types of foreign Liaison Officers. Administrative support personnel are personnel who provide clerical or secretarial support to FLO's. Administrative support personnel are not authorized to act on behalf of the supported FLO or to represent the foreign government. DDLs are not required for administrative support persons. Page 8 of 34

9 Military Personnel Exchange Program The Military Personnel Exchange Program is a program under which military and civilian personnel of the Department of the Army and military and civilian personnel of the defense ministries and/or military services of foreign governments, pursuant to the terms of an international agreement, occupy positions with and perform functions for a host organization to promote greater understanding, standardization, and interoperability. The exchange of personnel between the U.S. Army and counterpart services of friendly foreign governments has been occurring under various agreements since World War II. Typically each party provides, on a reciprocal basis, assignments to established manpower positions within its force structure for military personnel of the other party. Similar agreements have been negotiated for the reciprocal exchange of defense establishment civilians such as intelligence analysts, scientists and engineers, medical personnel, and administrative and planning specialists. All such exchange programs constitute the Military Personnel Exchange Program (MPEP). Exchange Personnel are established by an international agreement, AR , U.S. Army Personnel Exchange Program with Armies of Other Nations; Short Title: Personnel Exchange Program. Page 9 of 34

10 Military Personnel Exchange Program (cont) The Deputy Chief of Staff, G-3 is the Army proponent for the Military Personnel Exchange Program (MPEP). Exchange personnel are assigned to positions within and perform functions for the organization to which they are assigned. They do not represent their government as is the case with liaison officers. However, they are still foreign nationals. This fact must be taken into consideration when considering the establishment of exchange officer positions. Page 10 of 34

11 Military Personnel Exchange Program (cont) Limitations apply to personnel exchange programs and the personnel that are assigned to exchange positions. Exceptions to these limitations will not be authorized. 1. Procedures must be developed to preclude their inadvertent or unauthorized access to CMI and CUI that has not been authorized for release to their government. 2. Exchange positions will not be used for training, nor combined with, or as a substitute for, the functions of a Foreign Liaison Officer with the exception of U.S. unique training necessary to perform duties assigned to the position, as longs as the CUI/CMI contained in training courses is approved for disclosure. 3. Participants will not be used as a conduit for exchanging technical data or other controlled information between governments. 4. Participants will not be assigned to positions that would give them access to information not authorized for release to their government. 5. Participants will not be assigned to DoD contractor facilities. 6. Participants will not be given any security responsibilities (e.g., escort duties, document custodian, security checks, etc.) 7. Participants will not have permanent custody of CMI or CUI. They may have supervised access to materials authorized for disclosure during normal duty hours at the place of assignment. They may not have unsupervised access to libraries or document catalogs unless the information contained therein is releasable to the public or has been approved for release to their parent government. 8. Participants shall not be assigned to command or other positions that would require them to exercise responsibilities that are reserved by law or regulation to an officer or employee of the U.S. Government. Page 11 of 34

12 Military Personnel Exchange Program (cont) 9. Participants will not have access to restricted areas or to the following types of information: (a) RESTRICTED DATA or FORMERLY RESTRICTED DATA. (b) Information systems security information unless there is a current agreement with the participant's government that permits access. (c) CMI or CUI provided by another government, unless access is approved, in writing, by the originating government. (d) Compartmented information, unless authorized by a current agreement with the participant's government and certification of security clearance at the appropriate level is provided via established channels. (e) Information bearing a special handling notice that restricts access, except when authorized by the originator. (f) Any U.S. CMI not previously authorized for release to the participant's government by the responsible designated disclosure authority of the originating Component or Agency. Page 12 of 34

13 Military Personnel Exchange Program (cont) Each MPEP position requires a DDL or equivalent document that provides disclosure guidance. The host activity supervisor of the prospective participant, in coordination with supporting disclosure officials, prepares the DDL based on the position description. The DDL must accompany the request to establish a MPEP position. The DDL must cover the information categories listed in enclosure 5 of DoD Directive DDLs that only authorize the disclosure of unclassified information may be approved by the proponent for that information. DDLs that authorize the disclosure of classified military information must be approved by the HQDA, DCS, G-2. Page 13 of 34

14 Military Personnel Exchange Program (cont) A contact officer or other person designated to supervise the DPEP participant is responsible for: a. Ensuring that the person understands the duties he or she is to perform in the assigned position. b. Ensuring that the person only has access to CMI and CUI necessary to fulfill the duties of the position as described in the DDL, or as otherwise authorized in writing by the originator. c. Ensuring that co-workers are knowledgeable about the limitations on access to information by the exchange person and their responsibilities in dealing with the individual. d. Informing the person of his or her rights, responsibilities and obligations. MPEP participants must sign a certificate of conditions and responsibilities similar to that contained in enclosure 6 of DoD Directive and be within the guidelines in AR before being assigned to the host Army Component. If the assignment will involve access to technical data, the participant must also sign a certification governing the rights of the individual and the Department of Defense on inventions and rights in property. Page 14 of 34

15 Engineers and Scientists Exchange Program The Engineers and Scientists Exchange Program (ESEP) is a professional development endeavor that promotes international cooperation in military research, development, test and evaluation (RDT&E) through the exchange of military and/or government civilian scientists and engineers. This program provides on-site working assignments for foreign personnel in U.S. Army activities, and for U.S. personnel in foreign army activities. The work assignments shall provide ESEP personnel work experience as spelled out under an approved position description and at the direction of a host supervisor, as well as knowledge of the organization and management of that army establishment to which they are assigned. The Assistant Secretary of the Army (Acquisition, Logistics, & Technology) (ASA(ALT)) is the Army proponent for the Engineer and Scientist Exchange Program (ESEP). Each ESEP position requires a DDL that provides disclosure guidance. In addition, an MOU is required to be in place to establish these ESEP positions. DDLs that only authorize the disclosure of unclassified information may be approved by the proponent for that information. DDLs that authorize the disclosure of classified military information must be approved by the HQDA, DCS, G-2. Page 15 of 34

16 A (CPP) is a foreign government personnel, assigned to a multinational program office that is hosted by a 000 Component pursuant to the terms of a Cooperative Program International Agreement, who report to and take direction from a DoDappointed Program Manager (PM) or PM equivalent for the purpose of carrying out the multinational project or program. Foreign government representatives described in such agreements as liaison officers or observers are not considered CPP and will be treated as foreign liaison officers. Page 16 of 34

17 (cont) The following restrictions apply to : a. A CPP will not act in the dual capacity as an official or employee in the multinational project office and as a liaison officer for their government (i.e., FLO) while assigned to an Army organization. b. A CPP will not serve as conduits between the Army and their government for requests and transmissions of classified and controlled unclassified information. Any such transmissions will be carried out according to the Program Security Instruction. c. A CPP will not be assigned to command or other positions that would require them to exercise responsibilities that are reserved by law or regulation to an officer or employee of the U.S. Government. They will not, for example, perform responsibilities of a contracting officer's technical representative, component duty officer, classified document custodian or security officer, escort for foreign nationals, or perform other official acts as a representative of the DA organization. d. A CPP will not be assigned to positions that could result in their access to classified or controlled unclassified information that has not been authorized for release to their government. e. A CPP will not have personal custody of classified or controlled unclassified information. f. A CPP may not have unsupervised access to classified libraries or operations centers, or to document catalogues, unless the information therein is releasable to the public. Page 17 of 34

18 (cont) A CPP may have access to the information during normal duty hours at the place of assignment when access is necessary to perform their multinational program or project functions under the applicable Cooperative Program International Agreement, if the information is authorized for disclosure pursuant to the DDL, or other disclosure guidance. DDLs that only authorize the disclosure of unclassified information may be approved by the proponent for that information. DDLs that authorize the disclosure of classified military information must be approved by the HQDA, DCS, G-2. CPPs will not assume any position until the DDL is approved for that position. Disclosure guidance in the form of a delegation of disclosure authority letter (DDL), or equivalent document that describes classification levels, categories scope, and limitations, will be established for each Cooperative Program position. Foreign nationals may be assigned to international program offices that are hosted by a DA Component as part of an international management team responsible for the implementation of an international project or program. Page 18 of 34

19 (cont) Other major points to the CPP are: a. CPP participants work for the U.S. Army and cannot represent their parent governments while assigned to U.S. Army commands or agencies. A supervisor and contact officer for personnel exchange and CPP participants may be the same individual, if practical and the situation warrants. b. Delegation of disclosure authority letters (DDLs) will be developed for each personnel exchange or CPP participant, even those participants whose access is limited to only unclassified information. Page 19 of 34

20 (cont) All U.S. personnel, associated with these programs are responsible for ensuring that any disclosure of CMI and/or CUI to a personnel exchange or CPP participant is consistent with the National Disclosure Policy and AR Page 20 of 34

21 Programs Quiz Take a few minutes to challenge your knowledge by answering the following questions. Page 21 of 34

22 AR-ME204 Quiz 1 What program is a professional development endeavor that promotes international cooperation in military research, development, test and evaluation (RDT&E) through the exchange of military and/or government civilian scientists and engineers? a. The Military Personnel Exchange Program (MPEP) b. Defense Personnel Exchange Program (DPEP) c. The Engineers and Scientists Exchange Program (ESEP) (correct answer) d. The Foreign Liaison Officer Program (FLO) Page 22 of 34

23 AR-ME204 Quiz 1 What office is responsible for The Engineers and Scientists Exchange Program (ESEP) program oversight? a. The Office of the Deputy Chief of Staff, G-3 b. The Office of the Deputy to the Under Secretary of Defense (Policy) c. The Office of the Secretary of Defense d. The Office of the Assistant Secretary of the Army for Acquisition, Logistics and Technology (OASA(ALT) (correct answer) Page 23 of 34

24 AR-ME204 Quiz 1 What office is responsible for the Military Personnel Exchange Program (MPEP) program oversight? a. The Office of the Deputy Chief of Staff, G-3 (correct answer) b. The Office of the Secretary of Defense c. The Office of the Deputy to the Under Secretary of Defense (Policy) d. The Office of the Assistant Secretary of the Army for Acquisition, Logistics and Technology (OASA(ALT)) Page 24 of 34

25 Access to DoD Facilities Foreign nationals, including exchange personnel, attaches and liaison officers may not have uncontrolled access to Army facilities. They may, however, have unescorted access when all of the following conditions are met: a. The foreign national's government extends commensurate reciprocal privileges to DoD employees. b. The foreign national is sponsored by his or her government, the need for frequent access is justified, and the requisite security assurance is provided. d. Access is required for official purposes on a frequent basis (i.e., more than once a week). e. A badge or pass is issued that identifies the bearer as a foreign national and is valid for a specific facility during normal duty hours. f. The badge or pass is displayed on the outer clothing so that it is clearly visible. g. The request for issuance of the badge or pass is in writing and describes how the above requirements will be met. c. Security measures are in place to control access to information and sensitive areas within the DA facility. Page 25 of 34

26 Access to DoD Facilities Quiz Take a few minutes to challenge your knowledge by answering the following questions. Page 26 of 34

27 AR-ME204 Quiz 2 Foreign nationals, including exchange personnel, attaches and liaison officers may have uncontrolled access to DA facilities if they have the proper clearance. a. True b. False (correct answer) Page 27 of 34

28 AR-ME204 Quiz 2 Foreign nationals, including exchange personnel, attaches and liaison officers may have unescorted access to DA facilities when certain conditions are met. a. True (correct answer) b. False Page 28 of 34

29 Summary The Military Personnel Exchange Program (MPEP) and Cooperative Personnel Programs (CPP) enable U.S. Army and foreign armed forces personnel to obtain authorized positions within each party's military. These programs were created to increase understanding and familiarity between the U.S. and foreign government militaries in the areas of organization, administration, and operations. Within these MPEP programs, the Engineers and Scientists Exchange Program (ESEP) provides professional experience in research, development, and test and evaluation (RDT&E) through the exchange of military and/or government civilian scientists and engineers. Page 29 of 34

30 Liaison Officers The Foreign Liaison Officers (FLO) Program was created to facilitate cooperation and understanding between the U.S. Army and the armies of allied and friendly non-allied nations. A FLO is a foreign government official who represents his or her government and is certified to a (DA) command or agency in support of a specific international program, project or agreement. Contact Officers for FLOs must ensure that the FLO only has access to information that can be disclosed to his or her parent government, as authorized in the NDP and DDL. FLO's are the representatives of a foreign government and are not to be used as a member of the DA workforce. They may have access only to information that has been authorized for release to their government as described in the DDL. The three types of FLOs are: 1. Security Assistance; 2. Operational (to include StanReps); 3. and National Representatives. A Standardization Representative (StanRep) is an operational FLO certified by the U.S. Army to represent the British, Canadian, or Australian Government under the authority of the Basic Standardization Agreement. FLO's who are working at a DA facility may have temporary on-site custody of classified information when necessary to participate in joint or combined activities. They are normally certified to DA organizations in compliance with AR DA will not certify Liaison Officers for assignment to U.S. defense contractor facilities. Page 30 of 34

31 Military Personnel Exchange Program The Military Personnel Exchange Program (MPEP) provides military personnel work assignments to established positions between the U.S. Army and the armies of friendly foreign governments. This program also includes exchange of civilians (such as intelligence analysts, scientists and engineers, medical personnel, and administrative and planning specialists) working for defense services. Exchange personnel are assigned to positions within, and perform functions for, their assigned organization. They do not represent their government as with Liaison Officers. They are, however, still foreign nationals. There are many limitations to this program for which exceptions will not be authorized. Page 31 of 34

32 (CPP) are foreign government employees assigned to a multinational program office that is hosted by a DoD Component subject to the terms of a Cooperative Program International Agreement. The CPP reports to and takes direction from a DA-appointed program Manager (PM) (or PM equivalent) for the purpose of carrying out the multinational project or program. CPP are assigned to positions with DA organizations and work for the DA organization for the tenure of their assignment. There are many restrictions that apply to CPP, especially related to their access to classified or controlled unclassified information. Page 32 of 34

33 Access To DoD Facilities Foreign nationals, including exchange personnel, attaches and Liaison Officers may not have uncontrolled access to Army facilities unless several security-related conditions are met, including: reciprocal privileges are extended to DoD employees from the foreign national's government; the foreign national is sponsored by his or her government, the need for frequent access is justified and the necessary security assurance is provided; security measures are in place to control access to sensitive areas and information; access is required for official purposes on a frequent basis; a badge or pass is issued and displayed, identifying the person as a foreign national. A written request for the badge must be provided, describing how all these security requirements will be met. Page 33 of 34

34 Course Exam You have now completed the learning portion of the course. Take a few minutes to test your knowledge by clicking on the link in the My Exams section on your home page. Page 34 of 34