DEPARTMENT OF THE AIR FORCE AF REGULATION 200-25 Headquarters US Air Force Washington DC 20330 19 January 1984 Intelligence INTERNATIONAL INTELLIGENCE AGREEMENTS This regulation establishes the policy, responsibilities, and procedures for negotiating and concluding military-to-military intema- tional intelligence agreements (IIA) with foreign governments and international organizations. It directs measures for requesting authority to negotiate and conclude new agreements, as well as to change or terminate existing agreements. It also outlines procedures for: the negotiation process; legal, fiscal. and functional review; coordination: record keeping and status reporting of agreements. This regulation implements Defense Intelligence Agency (DIA) Regulation 60-28. It applies US Air Force-wide to non-signals intelligence (SIGINT) foreign intelligence activities. This regulation does not apply to counterinielligence activities under the Air Force Office of Special Investigations (AFOSI). 1. Applicable References: a. Director of Central Intelligence (DCI) Security Classifi- cation Guidance on Liaison Relationships with Foreign Intelli- gence Organizations and Foreign Security Services, 14 December 1982. b. Department of Defense (DOD) Directive 2050.1. 6 July 1977. Delegated Approval Authority to Negotiate and Con- clude Intemational Agreements. c. DOD Directive 3310.1, 22 October 1982. Intemational Intelligence Agreements. d. DOD Directive 5530.3, 6 December 1979, International Agreements. e. DIAR 60-23, 6 April 1982. SR (S/NF). f. DIAR 60-28. 10 June 1983, International Intelligence Agreements. g. AFR 11-21, 9 January 1981, Negctiating, Concluding. Reporting, and Maintaining International Agreements. h. AFR 200-9, 14 September 1981, Disclosure of Class- ified Military Information to Foreign Governments and Inter- national Organizations. NOTE: If the above publications are not available, users of this publication may obtain copies from HQ USAF/INYX. 2. Terms Explained: a. International Intelligence Agreements (IIA). Any agreement entered into by a US Department of Defense (DOD) component with a foreign government or international organi- zation with the primary objective (whether or not explicitly stated) of collecting, processing, producing, disseminating, or sharing foreign intelligence. This definition includes agree- ments entered into: (1) Orally or in writing. (2) Fora one-time or repetitive application. (3) Whether or not they signify the intention of the parties to be bound by international law. No. of Printed Pages: 3 ; OPR: INYX (Maj W. L. Helfenstein) Approved by: Col James R. Clapper. Jr. Distribution: F (4) By foreign government agencies, instrumentalities. or political subdivisions. (5) By civilian or military officers or employees of any DOD organizational element or other US Government agency. (6) With the denomination as an international agreement. memorandum of understanding, exchange of notes or letters, technical arrangements. protocol, note verbale, aide-memoire, agreed minute, plan, contract arrangement. or other name having a similar legal consequence. (7) With the exception of leases, contracts, foreign mili- tary sales, and administrative procedures addressed in refer- ence Id. NOTES: I. Any questions as to whether a document or oral alrange- ment consututes an IIA will be resolved affirmatively. 2. Implementing agreements and arrangements under um- brella or underlying agreements are also subject to this regula- tion. 3. The term International Intelligence Agreement (IIA) used in this regulation refers only to non-SIGINT agreements under the jurisdiction of references Ic and If. b. Primary Agent. A US Air Force element at any echelon that: (1) Exercises primary interest in negotiating and con- cluding a new Intemational Intelligence Agreement (IIA) after 10 June 1983, changing or terminating an existing IIA, and requesting approval to execute these actions. (2) Records and stores IIAs, their negotiating histories and inventories, and reports on the current status of IIAs for which the agent exercises primary interest. 3. HA Policy: a. US Air Force intelligence components enter into ILAs only when agreements clearly: (1) Support US national security interests and foreign policy objectives. (2) Complement rather than conflict with or unnecessar- ily duplicate other I[As concluded by the US Government. (3) Comply with international law and Executive Order 12333, United States Intelligence Activities.
w (4) Limit the risk of US failure to fulfill commitments due to political, military, or economic constraints. b. Existing HAs are not used to justify requests for addi- tional DOD funding when well defined and validated opera- tional requirements for intelligence are not available. c. In weighing the decision to pursue an [TA action, primary agents should consider whether the intended action will: (1) Provide for true quid pro quo mutual support. (2) Lead to closer intelligence-to-intelligence and overall military-to-military relations (for example, providing needed access for US collection operations, or promoting a common perception of the threat). (3) Provide intelligence otherwise denied to, the US, rather than simply confirm US intelligence. (4) Be conducted with a foreign government that has a favorable orientation toward the United States, a well- developed and secure intelligence service, and stable domestic environment and military unity. (5) Be supportable by US national disclosure and security policy, fiscal means, and legal guidelines. 4. Assigned Responsibilities: a. The Director, DIA, exercises approval authority for DOD to negotiate and conclude non-SIGINT IIAs. This au- thority may not be delegated. The Foreign Relationships and Exchanges Branch (DIA/DI-4C), of the Foreign Liaison Divi- sion, Directorate for Intelligence and External Affairs, is the DIA office of primary responsibility (OPR) for non-SIGINT IIA and executes responsibilities delineated in reference If. b. The Directorate of Intelligence Plans and Systems, Plan- ning Division, (HQ USAF/INYX) provides functional over- sight. coordination, and policy review for the US Air Force regarding Air Force negotiation, conclusion, maintenance, and reporting of [IAs performed under the authority of references Ic, Idand If. c. The Directorate of Intelligence Plans and Systems, Sys- tems Division, (HQ USAF/INYS) provides functional over- sight, coordination, and policy review for the US Air Force regarding Air Force negotiation, conclusion, maintenance, and reporting of agreements performed under the authority of ref- erence le. d. US Air Force personnel acting as primary agents for IIA matters will: (1) Thoroughly review all paragraph | references before undertaking IIA actions. (2) Comply with paragraphs 3 and 5 of this regulation. 5. ILA Procedures: a. HQ USAF/INYX: (1) Reviews intended primary agent actions and ensures: (a) Policy and procedural compliance with this regula- tion. (b) Legal review and coordination with The Judge Ad- vocate General, (HQ USAF/JA) and the Secretary of the Air Force General Counsel (SAF/GC). AFR 200-25 1$ January 1984 (¢) Intemational agreement policy review by the Dep- uty Directorate for Regional Plans & Policy. (nternational Re- lations Division. (HQ USAF/XOXXI), according to reference Ig. (d) Foreign disclosure policy review and coordination by the Disclosure Policy Branch of the Intemational Affairs . Division, Assistant Vice Chief of Staff. (HQ USAF/CVAIP), according to reference [h. (e} Functional and fiscal review and cvordination with Air Staff. and other US Air Force. DOD. and US elements responsible for planning and programming tatelligence re- sources that could be obligated by ITA action. (2) Provides the US Air Force position to DIA regarding IIA actions (for example, concurrence or nonconcurrence in a proposed Air Force [[A). (3) Maintains a central repository of all US Air Force As. negotiation histories. and status reports using copies of original documentation provided by primary agents to DIA. b. US Air Force primary agents will follow reference If and this regulation when: (t) Requesting approval for and negotiating and con- cluding new IAs, and changing or terminating existing agree- ments. Actions must comply with reference If on [IA format. essential elements. text language. fiscal and legal memoranda. classification, and foreign disclosure policy. (2) Maintaining files of all IIA and their negotiating his- tories to which the agent exercises primary interest. (3) Providing inventories and status reports for {[A. Ac- tions include interim status updates to HQ USAF and DIA on request. (4) Meeting action suspenses as follows (all actions with originals to DIA/DI-4C and copy to HQ USAF/INYX): (a) Notify DIA within 15 days of the receipt of any official or unofficial overture or request by a foreign govern- ment or international organization for an ITA action. (b) Send requests for approval to negotiate and con- clude new IIAs or change existing agreements to reach DIA at least 30 days before the desired date to begin negotiations, or 60 days before the desired date of concluding the agreement. (c) Provide status reports on negotiation progress every 30 days until the agreement is concluded or effort terminated. (d) Send an original copy of the [IA to reach DIA within 15 days after the agreement enters into force. (e) Notify DIA at least 60 days before the desired date to terminate an IIA. (f) Send command status reports on all [IA to reach DIA within 30 days after the end of the fiscal year; interim reporting is required to address significant developments in the status of an IIA. (5) Limiting IIA to intelligence matters only and follow- ing guidance in references 1b and |g for non-intelligence mat- ters (for example, maps and charts and communications secur- ity (COMSEC)). (6) Simultaneously providing an original copy of [TAs and related documents (for example, negotiating histories, re- quests for action approval, and status reports) to DIA/DI-4C
AFR 200-25 19 January 1984 and 2 copy of same to HQ USAF/INYX. The primary agent retains a certified true copy of each IIA within central files. (7) Coordinating intended IIA actions with: (a) HQ USAF/INYX. (b) OPRs within the primary agent's organization for paragraph | references, legal counsel (for example. JAG), and BY ORDER OF THE SECRETARY OF THE AIR FORCE OFFICIAL JAMES H. DELANEY. Colonel. USAF Director of Administration resource planning and program offices (for example. HQ USAF/AC/MO/SUXP). (c) Other US DOD elements and US Government agencies that may have functional interest in the IIA subject matter, or whose plans and programs or existing agreements may be affected by the proposed action. CHARLES A. GABRIEL. General. USAF Chief of Staff U.S. GOVERNMENT PRINTING OFPICE : 1984 G-420-959/209