Sharing Classified Info with Foreign Governments

Disclosing classified information to foreign government personnel is ordinarily forbidden, and may constitute espionage. But sometimes it is permitted, even to non-allies.

“National Disclosure Policy Committee (NDPC) policy prohibits the release of classified information [to] a foreign government without an explicit authorization, such as an Exception to United States (U.S.) National Disclosure Policy (ENDP), and an information sharing agreement,” explained VADM James D. Syring, director of the Pentagon’s Missile Defense Agency, in response to a congressional question last year.

Such Exceptions are occasionally requested, however, and granted.

“The Missile Defense Agency (MDA) submitted three requests for Exception to United States National Disclosure Policy (ENDP) from 2007–2011 seeking authority to disclose classified information to the Russian Federation (RF) relating to three ballistic missile defense flight test events,” VADM Syring said.

“In each case, authority granted by the NDPC was limited to oral and visual disclosure only under controlled conditions. The RF sent attendees to two of the three test events (in 2007 and 2010). No invitations were extended for the third event (in August 2011), and no disclosure occurred. MDA has not submitted any further requests for ENDP for the RF.”

“MDA has not sought ENDP [Exceptions] for release of any information to the People’s Republic of China,” he added.

The exchange between VADM Syring and Rep. Mike Rogers appeared in a newly published hearing volume on The Missile Defeat Posture and Strategy of the United States — The Fiscal Year 2017 President’s Budget Request, House Armed Services Committee, April 14, 2016 (at pp. 118-119).  The same volume notably includes discussion of “left of launch” approaches to countering ballistic missile threats.

At its best, congressional oversight can be a powerful engine of disclosure that matches or exceeds what the Freedom of Information Act or other mechanisms can offer. (The FOIA does not permit requesters to ask questions, only to request records.) Hearings of the House Armed Services Committee regularly generate new information on military policy, especially in the published hearing records.

Another newly published HASC hearing containing some nuggets of interest is National Security Space: 21st Century Challenges, 20th Century Organization, September 27, 2016.