International transfers of classified material

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1. Government-to-government channels

The National Industrial Security Program Operating Manual (NISPOM), 32 CFR part 117, sets the procedures for international transfers of classified material through government-to-government channels or other arrangements the governments agree (32 CFR 117.19(d)(1)). They do not apply to transmission of classified material to U.S. Government activities outside the United States. All international transfers go through channels approved by both governments (32 CFR 117.19(d)(1)(i)). U.S. control is kept until the material is officially transferred to the recipient government through its designated government representative (DGR).

Written transmission instructions are prepared for every transfer (32 CFR 117.19(d)(1)(ii)). The contractor prepares them for direct commercial arrangements, and the government contracting activity (GCA) prepares them for government arrangements. The contractor contacts the cognizant security agency (CSA) at the earliest stage of deliberations that will lead to a transfer (32 CFR 117.19(d)(1)(iii)). The CSA advises on arrangements, identifies the recipient’s DGR, appoints a U.S. DGR and checks the transportation plan. The contractor’s empowered official is responsible for all export authorization requests (32 CFR 117.19(d)(1)(iv)).

2. The transportation plan

Each arrangement involving international transfer of classified material as freight requires a transportation plan (TP) (32 CFR 117.19(d)(2)(i)(A)). The TP describes secure shipment from origin to ultimate destination and covers security if the transfer cannot be made promptly. It identifies the U.S. and recipient DGRs and any escort requirement (32 CFR 117.19(d)(2)(i)(B)). Repetitive shipments use a notice of classified consignment.

Under government agency arrangements, material normally travels by agency-arranged transportation and is transferred to the foreign DGR in the recipient’s territory (32 CFR 117.19(d)(2)(ii)). The executing agency prepares the TP with the recipient government. Where the shipment starts at a U.S. contractor facility, the GCA gives the contractor the TP and the letter of offer and acceptance, and gives the TP to any freight forwarder.

Under commercial arrangements, the contractor prepares the TP with the receiving government (32 CFR 117.19(d)(2)(ii)(C)). That applies whether the material moves by land, sea or air, and to U.S. and foreign classified contracts alike. After the CSA approves it, the CSA sends it to the recipient government’s security authorities for final approval and tells the contractor when the parties concur.

3. Carriers and escorts

International transfers use only carriers owned or chartered by the U.S. Government or under U.S. registry, or owned or chartered by or registered to the recipient government (32 CFR 117.19(d)(2)(ii)(D)). Other carriers need express written authorization from the GCA’s Designated Security Authority and the foreign security authorities. That authority cannot be delegated. It may be used only when no qualifying carrier is available and an urgent operational requirement demands it.

The contractor provides escorts for international air shipments of SECRET or CONFIDENTIAL material (32 CFR 117.19(d)(2)(ii)(E)). Escorts must be eligible for and have access at the level of the material. They safeguard it during an emergency stop, a re-routing or a failure of the recipient’s representative to meet the shipment.

No escort is needed if the material travels by the Defense Transportation System or a U.S. military carrier, or if the recipient DGR has signed for it in the United States. The same applies to a military carrier of the recipient government or a carrier owned by or registered to it, or a cleared U.S. commercial freight carrier that has agreed in writing to provide a cleared escort. Exceptional cases with procedures approved by both governments are also covered.

4. Communications, returns and freight forwarders

A secure communications plan may be approved within a program security instruction, a system security plan or a government-to-government agreement, without a separate memorandum (32 CFR 117.19(d)(3)). Foreign governments or contractors may return classified material to a U.S. contractor for repair, modification or maintenance, using the methods in the sales arrangement or the original TP (32 CFR 117.19(d)(4)). The contractor notifies the CSA when it learns material is coming.

A commercial freight forwarder may arrange international transfers if it is under contract to a U.S. agency, a U.S. contractor or the recipient government, with its functions described (32 CFR 117.19(d)(5)(i)). Security responsibility stays with the U.S. Government until the freight reaches the recipient’s DGR. Only forwarders with a valid eligibility determination and storage capability at the right level may take custody of classified material (32 CFR 117.19(d)(5)(ii)). Forwarders that only handle unclassified paperwork need no determination, and a forwarder cannot serve as a DGR (32 CFR 117.19(d)(5)(iii)).

5. Receipts and preparation

The U.S. DGR and the ultimate recipient’s DGR keep a continuous chain of receipts from the contractor to the final foreign recipient (32 CFR 117.19(d)(7)(i)). The dispatching contractor keeps an active suspense record and copies of external receipts until the enclosed receipt is signed and returned. If it is not returned within 45 days, the contractor follows up through the CSA (32 CFR 117.19(d)(7)(ii)).

For direct commercial and foreign military sales transfers, the contractor identifies every party in the contract and the license application, and notifies the U.S. DGR when the material is ready (32 CFR 117.19(d)(8)). For material controlled under the International Traffic in Arms Regulations (ITAR), an empowered official certifies that the shipment is within the export authorization, an authorized exemption or the limits of the pertinent GCA contract. The shipment is ready for DGR review, with packaging, labels and receipts prepared, correct markings, and shipping documents naming the CSA and the facility security officer. Advance notice goes to the CSA, the recipient and any freight forwarder.

For transfers under an ITAR exemption, the contractor gives the DGR the license, export authorization, letter of offer and acceptance or agreement, with a copy of Form DSP-83 (32 CFR 117.19(d)(9)). A written authorization signed by an exemption official appointed by the GCA’s disclosure authority supports the export, and copies go to the CSA and then to the Directorate of Defense Trade Controls. Hand carrying abroad is covered in hand carrying classified material and work abroad.

Key terms

DGR	A designated government representative who receives or releases material.
Transportation plan	The plan for secure shipment of classified freight abroad.
Notice of classified consignment	A notice used for repetitive shipments.
Freight forwarder	A commercial firm arranging transfers, which cannot act as a DGR.
Chain of receipts	The continuous record of custody to the final recipient.

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.

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