UNfliSSlEP 
Department  of  Defense 
INSTRUCTION 
/ 
^  -     -k^  ^t. 
23  March   1984 
NUMBE 
USD(P) 
SUBJECT/     Coordination  and  Reporting  of   Foreign   Intelligence  and   Intelligence- 
Related   Contacts  and  Arrangements    (U) 
    
References: 
(U)     There  are   11  U.S.   interagency  and  DoD  Directives  that 
are  directly  relevant  and  particularly  important  to 
understanding  and  implementing  this    Instruction.     These 
references,  with  clarification  of  their  relevance,  are 
listed  at  enclosure    1. 
A.      PURPOSE 
(U)   In  furtherance  of  references  (a)  through  (m),  this  Instruction 
elaborates  and  clarifies  DoD  policy  guidance  on  requirements  for  coordination 
and  reporting  of  contacts,  liaison,  and  intelligence  exchanges  by  DoD  Components 
with  elements  of  foreign  governments  and  international  organizations  (hereafter 
"foreign  organizations"),  other  than  international  military  organizations  in 
which  DoD  Components  participate.  The  requirements  and  clarification  in  this 
Instruction  are  consistent  with  Director  of  Central  Intelligence  (DCI)  policies 
concerning  foreign  intelligence  and  counterintelligence  arrangements  with 
foreign  governments. 
B.   APPLICABILITY  AND  SCOPE 
1.   (U)  This  Instruction  applies  to  field  activities  of  the  Office  of 
the  Secretary  of  Defense,  the  Military  Departments,  the  Organization  of  the 
Joint  Chiefs  of  Staff,  the  Unified  and  Specified  Commands,  and  the  Defense 
Agencies  (hereafter  referred  to  collectively  as  "DoD  Components").
2.   (U)   DoD  policy  guidance  on  coordination  with  the  DCI  of  intelligence 
contacts  and  arrangements  with  cooperating  foreign  organizations  by  DoD 
dedicated  intelligence  elements  on  matters  within  well-defined  intelligence 
functional  areas  appears  to  be  well  understood  and  competently  interpreted 
and  applied  by  DoD  Components.   Coordination  between  DoD  Components  and 
DCI  representatives  on  foreign  contacts  and  arrangements  in  these  well- 
defined  intelligence  functional  areas  is  considered  to  be  effective,  both 
by  the  Department  of  Defense  and  the  CIA.
3.  (U)   Contacts  and  arrangements  as  used  above  do  not  include  those 
that  are  entered  into  with  foreign  military  organizations  relating  solely 
to  conventional  applications  of  military  tactics  and  operations.   Protocol 
and  courtesy  contacts,  social  contacts,  and  other  personal,  unofficial,  and 
nonbusiness  contacts  are  not  within  the  scope  of  this  Instruction. 
4.  (U)  This  Instruction  requires  no  change  in  current  coordination 
and  reporting  of  contacts  and  arrangements  by  DoD  Components  concerning 
intelligence  activities  to  which  DCID  5/1.  DCID  5/2,  and  NDP-1  (references 
(c),  (d),  and  (f))  are  applicable.   National  directives  do  not  require  prior 
coordination  on  contacts  and  arrangements  concerning  counterterrorist  matters 
not  involving  intelligence,  intelligence-related,  or  internal  security 
activities  (such  as  counterterrorist  tactics,  operations,  training,  doctrine, 
personnel,  and  logistics  topics).   However,  DoD  personnel  contemplating 
such  contacts  are  encouraged  to  consider  whether  or  not  their  mission  would 
be  aided  by  prior  consultation  with  a  DCI  representative. 
6.   (U)  DoD  Components  shall  furnish  the  Director,  DIA,  the  information 
required  by  DIA  Regulation  60-28  (reference  (i)).  *>D  Components,  including 
field  commands  and  agencies,  ahould  note  that  tubsections  D.l.  and  D.Z., 
above,  clarify  the  scope  of  activities  covered  under  reference  (i).
9.   (U)  A  comprehensive  retroactive  review  of  existing  intelligence 
arrangements  or  contacts  is  not  required  by  this  Instruction.  However, 
DoD  Components  identifying  any  existing  arrangements  or  contacts  within  the 
scope  defined  in  subsections  D.l.  and  D.2.,  above,  not  previously  coordinated 
shall  report  them  to  the  Director,  DIA,  for  evaluation  against  the  requirements 
of  this  Instruction.  Already  approved  Defense  Attache  contacts  in  host  countries 
do  not  require  additional  coordination. 
E.  RESPONSIBILITIES 
1.  (U)  The  Deputy  Under  Secretary  of  Defense  for  Policy  is  responsible  for 
DoD  supervision  and  coordination  of  natters  covered  by  this  Instruction. 
2.  (U)  Heads  of  DoD  Components  ahall  comply  with  this  Instruction. 
F.  EFFECTIVE  DATE  AND  IMPLEMENTATION 
(U)     This  Instruction  is  effective  immediately.     Forward  one  copy  of 
Implementing  documents  to  the  Deputy  Under  Secretary  of  Defense  for  Policy 
within  90  days. 
Richartf  G>#V&M&. 
General,  WSA  (Ret.) 
Deputy  Under  Secretary  of  Defense  for  Policy 
Enclosure  -  1 
References
REFERENCES 
(a)   (U)  Section  1.5(e),  Executive  Order  12333,  "United  States  Intelligence 
Activities,"  December  4,  1981,  assigns  the  DCI  responsibility  to 
formulate  U.S.  policies  "concerning  foreign  intelligence  and 
counterintelligence  arrangements  with  foreign  governments"  and  to 
coordinate  "foreign  intelligence  and  counterintelligence  relationships 
between  agencies  of  the  Intelligence  Community  and  the  intelligence 
or  internal  security  services  of  foreign  governments."  Section  l.ll(i). 
Executive  Order  12333,  states  that  the  Secretary  of  Defense  shall 
"establish  and  maintain  military  intelligence  relationships  and 
military  intelligence  exchange  programs  with  selected  cooperative 
foreign  defense  establishments  and  international  organizations 
and  ensure  that  such  relationships  and  programs  are  in  accordance 
with  policies  formulated  by  the  Director  of  Central  Intelligence."
(g)   (U)   DoD  Directive  5105.21,  "Defense  Intelligence  Agency,"  May  19,  1977, 
at  subsections  C.17.  and  C.21.  assigns  to  the  DIA  responsibilities 
for  internal  DoD  guidance  on  release  of  Defense  intelligence  to 
foreign  governments,  international  organizations,  and  the  public 
and  designates  the  DIA  the  DoD  focal  point  for  relationships  with 
foreign  intelligence  services. 
(h)   (U)   DoD  Directive  3310.1,  "International  Intelligence  Agreements," 
October  22,  1982,  provides  procedures  for  obtaining  approval  to 
negotiate  and  conclude  international  agreements  lot   non-SIGINT 
and  intelligence  contacts. 
(i)   (U)   DIA  Regulation  60-28,  "International  Intelligence  Agreements," 
June  10,  1983,  sets  forth  DIA  requirements  for  coordination  and 
reporting  to  enable  it  to  fulfill  its  responsibilities  under 
DoD  Directives  5105.21  and  3310.1. 
(k)   (U)   DoD  Directive '^5100.20,  "The  National  Security  Agency  and  the 
Central  Security  Service  (U),"  December  23,  1971,  defines  the 
foreign  contacts  and  arrangements  responsibilities  of  the  NSA/CSS 
in  the  SIGINT  field. 
(1)   Public  Law  87-195,  foreign  Assistance  Act  of  1961,  as  amended 
(o)   Public  Law  90-629,  Arras  Export  Control  Act,  as  amended 
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