Hand carrying classified material and work abroad

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1. When hand carrying abroad is allowed

The National Industrial Security Program Operating Manual (NISPOM), 32 CFR part 117, lets the cognizant security agency (CSA) authorize contractor employees to hand carry classified material outside the United States to meet contractual requirements (32 CFR 117.19(d)(6)). SECRET is the highest level that may be carried. The material must be small and light enough for the courier to keep it in personal possession at all times.

The CSA ensures the contractor has made arrangements with U.S. airport security and customs officials, and that the receiving government’s security authorities approve the plan (32 CFR 117.19(d)(6)(i)). If the transfer is under a contract or a bilateral or multinational government program, the government contracting activity (GCA) approves in writing. The contractor notifies the CSA at least 5 working days before the transfer.

2. The courier and the certificate

The courier must be a full-time employee of the dispatching or receiving contractor who has been found eligible and granted access (32 CFR 117.19(d)(6)(ii)). The employer issues a consecutively numbered courier certificate valid for one journey only (32 CFR 117.19(d)(6)(iii)). The journey may have more than one stop if the CSA approves and secure government storage is arranged at each. The courier returns the certificate immediately after the journey.

Before each journey, the courier reads and initials the notes attached to the certificate and signs the courier declaration (32 CFR 117.19(d)(6)(iv)). The contractor keeps the declaration until the next CSA security review is completed.

3. Packing, receipts and notice

The dispatching contractor inventories, wraps and seals the material in the presence of the U.S. designated government representative (DGR) (32 CFR 117.19(d)(6)(v)). The inner wrapping carries the receiving security office’s address, the dispatching office’s return address and the classification. The outer wrapping carries the address of the receiving government’s DGR and the return address.

Three copies of a receipt are prepared from the inventory (32 CFR 117.19(d)(6)(vi)). The dispatching contractor keeps one, packs the other two with the material, and takes a receipt for the sealed package from the courier. The receiving contractor gets 24 work hours’ notice of the courier’s identity and expected arrival, and reports if the courier is more than 8 hours late (32 CFR 117.19(d)(6)(vii)). The receiving DGR verifies the contents, signs the enclosed receipts and returns one to the courier for the dispatching contractor (32 CFR 117.19(d)(6)(viii)).

4. Rules during the journey

The courier keeps the material under direct personal control throughout (32 CFR 117.19(d)(6)(ix)). It is never left unattended in the transport, hotel rooms, cloakrooms or similar places, and never put in hotel safes, luggage lockers or luggage offices. Packages are not opened en route unless customs or other government officials require it.

If an inspection is unavoidable, the courier asks the officials for written verification that they opened the package and tells the employer as soon as possible (32 CFR 117.19(d)(6)(x)). The contractor notifies the U.S. DGR. Where the inspecting officials belong to another country, the CSA notifies that country’s designated security authority. The courier never hands the material to customs or other officials for custody. The courier does not travel by surface routes through third countries unless the CSA authorizes it. Only approved carriers are used, meaning U.S. Government or U.S.-registered carriers, or the recipient government’s own or registered carriers, or other carriers expressly authorized in writing by the designated security authorities, on direct routes (32 CFR 117.19(d)(6)(xi)).

5. Employees assigned abroad

Contractor employees assigned outside the United States, its possessions or territories may have access to classified information for a specified U.S., North Atlantic Treaty Organization (NATO) or foreign government classified contract (32 CFR 117.19(f)(1)(i)). Assigning a non-U.S. citizen employee abroad on a program involving access is prohibited (32 CFR 117.19(f)(1)(ii)).

The U.S. Government is responsible for storage, custody and control of classified information a contractor employee needs abroad (32 CFR 117.19(f)(2)(i)). Storage at any location abroad not under government control is therefore prohibited. Storage may be at a U.S. military facility, an American embassy or consulate, or another location occupied by a U.S. Government organization. An employee may be given a security container at a government overseas location, with written approval from the host organization’s senior security official (32 CFR 117.19(f)(2)(ii)).

An employee may temporarily remove classified information from an overseas government facility when needed for a GCA contract or under an approved export authorization (32 CFR 117.19(f)(2)(iii)). The facility’s security official verifies the authorization and the need, and briefs the employee. The employee signs a receipt, and arrangements are made with the custodian for return and storage outside duty hours. The facility reports violations to the CSA.

6. Subsidiaries, host nations and transmission

Employees do not store classified information at overseas divisions or subsidiaries of U.S. entities incorporated or located abroad (32 CFR 117.19(f)(2)(iv)). Those entities may hold classified information transferred to their government through government-to-government channels under an approved export authorization or other written U.S. Government authorization, and access there is governed by local law. A U.S. employee assigned there by the parent on a visit authorization, in support of a foreign government contract, gets access from the division or subsidiary that obtained the information from the foreign government. Employees working at foreign government or foreign contractor locations under direct commercial sales arrangements are subject to the host nation’s industrial security policies (32 CFR 117.19(f)(2)(v)).

Inside the safeguarding rules, sending classified material to a government activity abroad also requires a classified contract or written GCA authorization (32 CFR 117.15(f)(2)). Classified material goes to a cleared employee abroad through government channels (32 CFR 117.19(f)(3)). If it is for other than government purposes, an export authorization validated by the DGR accompanies it, and it is addressed to a U.S. military or other government organization, which keeps custody. Employees assigned abroad are briefed on handling, disclosure and storage overseas (32 CFR 117.19(f)(4)). Freight transfers are covered in international transfers of classified material.

Key terms

Courier certificate	A numbered certificate valid for one journey.
Courier declaration	The statement the courier signs before each journey.
DGR	The designated government representative at each end.
Government control abroad	The rule that storage abroad must be at a U.S. Government location.
Host-nation policies	Rules that govern employees at foreign sites under commercial sales.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Personnel overseas need clear rules for sensitive material. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.