Classified information or material approved for release to a foreign government shall be transferred between authorized representatives of each government in compliance with the provisions of this Appendix. Each contract, agreement, or other arrangement that involves the release of classified material as freight to foreign entities shall either contain detailed transmission instructions or require that a separate transportation plan be approved by the appropriate DoD security and transportation officials and the recipient government before release of the material. Transportation plan requirements are outlined in paragraph e., below. (See DoD TS-5105.21-M-3 for guidance regarding SCI.)

a. Classified information or material to be released directly to a foreign government representative shall be delivered or transmitted only to a person who has been designated in writing by the recipient government to sign for and assume custody and responsibility on behalf of the government (hereinafter referred to as the designated government representative). This written designation shall contain assurances that such person has a security clearance at the appropriate level and that the person shall assume full security responsibility for the material on behalf of the foreign government. The recipient shall be required to execute a receipt for the material, regardless of the level of classification.

b. Classified material that is suitable for transfer by courier or postal service in accordance with this Regulation, and that cannot be transferred directly to a foreign government's designated representative shall be transmitted to:

c. The shipment of classified material as freight via truck, rail, aircraft, or ship shall be in compliance with the following:

d. Foreign governments may return classified material to a U.S. contractor for repair, modification, or maintenance. At the time the material is initially released to the foreign government, the approved methods of return shipment shall be specified in the Letter of Offer and Acceptance (LOA) for FMS, the security requirements section of a direct commercial sales contract or in the original transportation plan. The contractor, upon notification of a return shipment, shall give advance notice of arrival to the applicable User Agency or Defense Investigative Service and arrange for secure inland shipment within the United States if such shipment has not been prearranged.

e. Transportation plan requirements: