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APPENDIX K

ARRANGEMENTS FOR THE INTERNATIONAL HAND CARRIAGE OF CLASSIFIED DOCUMENTS, EQUIPMENTS AND/OR COMPONENTS

 

MULTINATIONAL INDUSTRIAL SECURITY WORKING GROUP

 

12 May 1988 MISWG DOCUMENT Number 1

(amended 25 June 1993)

 

 

ARRANGEMENTS FOR THE INTERNATIONAL HAND CARRIAGE

OF CLASSIFIED DOCUMENTS, EQUIPMENT, AND/OR COMPONENTS

 

A. HAND CARRIAGE OF CLASSIFIED DOCUMENTS

 

1. The standard method of transmitting classified documents across international borders is through government-to-government channels. These are methods that have been determined by individual governments as being secure, and they involve constant physical control by government employees (e.g., military or diplomatic courier, military postal service, government communications channels).

 

2. To meet an urgent need to transmit classified documents between (Insert the name of the programme/project or contract) participants listed in Appendix A, special arrangements have been approved by the responsible National Security Authorities (NSAs)/Designated Security Authorities (DSAs). They may be used on a case-by-case basis when government-to-government channels are not reasonably available, or transmission through government-to-government channels would result in an unacceptable delay that will adversely affect performance on the programme/project or contract, and it is verified that the information is not available at the intended destination.

 

3. Administration of the day-to-day aspects of these procedures will be handled in each country by the NSA/DSA or Cognizant Security Office, as applicable, listed in Appendix A. Use of these procedures is restricted to the approved contractors also listed in Appendix A. Modification of these procedures is not permitted without the approval of the participating NSAs/DSAs. Any requests for modification of this arrangement must be submitted in writing to the responsible NSA/DSA who will coordinate the proposal with the other NSAs/DSAs.

 

4. The word "document" means any letter, note, minute, report, memorandum, sketch, photograph, film, map, chart, plan, stencil, carbon, typewriter ribbon, chip, tape recording, magnetic recording, punched card/tape, and other forms of recorded information. (The documents must be of such size, weight, and configuration that they can be hand-carried).

 

5. The table of equivalent security classifications is at Appendix B. Classified documents are to be marked accordingly.

6. The arrangements in this section apply to the hand carriage by an appointed courier of classified documents only and under circumstances when the courier can maintain personal possession of them at all times. The highest classification must not exceed SECRET and the documents must have been authorized by the owning government for release in conjunction with the (Insert the name of the programme, project, or contract). The NSAs/DSAs may impose a lower maximum classification level on the documents to be hand carried under this arrangement.

 

7. The courier must be a permanent employee of the dispatching or receiving company. (NOTE: Government employees also may be used. If the NSAs/DSAs agree, other courier services may be used that are under contract and properly cleared).

 

7.1 The courier will be granted a personnel security clearance to at least the level of the classified documents(s) that is/are to be hand carried.

 

7.2 Before commencement of each journey, the courier will read and sign the declaration at Appendix C indicating that he/she has read and understands these "ARRANGEMENTS" and the "NOTES FOR THE COURIER," which is at

Annex 2 to the "Courier Certificate" (Appendix D).

 

7.3 The courier will be provided with a "Courier Certificate" written in English and, as appropriate, in the national language of one or more of the participating countries. The "Courier Certificate" will be stamped and signed by the NSA/DSA, Cognizant Security Office or Designated Government Representative, as applicable, and by the company Security Officer of the dispatching company. "Courier Certificates" will be numbered to assure accountability by the issuing NSA/DSA, Cognizant Security Office or Designated Government Representative; will bear the date of the beginning of the journey; will be valid for one journey only (the journey may include more than one stop); and must be returned to the issuing NSA/DSA, Cognizant Security Office or Designated Government Representative through the dispatching company's Security Officer as soon as possible after the end of the journey.

 

7.4 A copy of the "NOTES FOR THE COURIER" will be attached to the Courier Certificate. The courier is to be made aware that the non-fulfillment of the obligation to safeguard the classified information contained in the consignment entrusted to the courier and/or any other negligent action by the courier that gives rise to a security breach will constitute not only a breach of contractual obligation, but also is a matter of possible penal responsibility. In the event of a breach by the courier, the dispatching NSA/DSA that authorized the hand carriage may request the NSA/DSA in the country where the breach occurred to initiate an investigation and return the findings to the requesting NSA/DSA who may take legal action as appropriate.

 

8. It will be the responsibility of the dispatching company Security Officer to make sure that the courier and escorts or guards (if any) that accompany the consignment have their personal expatriation and travel documentation (e.g., passport, currency, and medical documents), complete, valid, and current. Moreover, the NSA/DSA, Cognizant Security Office or Designated Government Representative, as applicable, must ensure that there is a valid export license or other appropriate government authorization, if a license is required.

 

9. The "Courier Certificate" is shown at Appendix D.

 

10. NOTE: If permitted by national security regulations, the NSA/DSA or Cognizant Security Office may deliver to the company's Security Officer a limited number of pre-signed and pre-numbered "Courier Certificates" according to the foreseeable needs of the company for a reasonable period of time, which the company Security Officer may personally authorize for use for the hand carriage of CONFIDENTIAL documents. The certificates may be pre-printed to show the name and address of the participating companies to which they are provided; the name of the programme, project, or contract for which they may be used; and annotated to indicate that they are valid for a single trip between the participating countries and return, and for specifically approved CONFIDENTIAL documents. If it becomes necessary to issue a "Courier Certificate" for documents classified SECRET, the NSA/DSA of the dispatching Government will be provided with the details of the requirement and will authorize the company Security Officer, the Cognizant Security Office, or the Designated Government Representative, as applicable, to issue the certificate or authorize the company Security Officer to issue the certificate, on a case by case basis, according to national regulations.

 

11. Before each used "Courier Certificate" is returned to the issuing NSA/DSA, Cognizant Security Office or Designated Government Representative, the courier will sign the NOTE at the bottom of the "ANNEX to the Courier Certificate" certifying that no situation occurred that might have compromised the security of the consignment during the journey. The declaration will be witnessed by the company Security Officer.

 

12. The dispatching company Security Officer will inventory the documents and make out three copies of a receipt, listing the classified documents to be hand-carried by the appointed company courier. One copy will be retained by the dispatching company Security Officer and the other two copies will be packed with the classified documents. The documents will be wrapped, sealed, and placed in a container approved by the courier's national security authorities, by or in the presence of the company Security Officer, and the Cognizant Security Office or Designated Government Representative, as applicable, in accordance with national procedures.

 

12.1 The address of the Security Officer of the receiving and dispatching company or the Designated Government Representative will be shown on the inner and outer envelope or wrapping. (Note: When there is a Cognizant Security Office or Designated Government Representative located at a cleared contractor facility, the address of the Cognizant Security Office or Designated Government Representative will be shown on the outer envelope or wrapping.)

 

12.2 The dispatching company Security Officer will instruct the courier in all of his/her duties and ensure that he/she understands them and completes the Declaration described in paragraph 7.2, above.

 

12.3 The dispatching company Security Officer, or the Cognizant Security Office or Designated Government Representative, will obtain a receipt from the courier for the sealed package.

 

12.4 The courier will be responsible for the safe custody of the classified documents until such time that they have been handed over to the receiving company Security Officer, or the Cognizant Security Office or Designated Government Representative, and a receipt has been provided as evidence of delivery.

 

12.5 The receiving company Security Officer, or the Cognizant Security Office or Designated Government Representative, will sign both copies of the receipt in the package. One copy will be returned to the courier. On his/her return, the courier will pass the completed receipt to the dispatching company Security Officer, or the Cognizant Security Office or Designated Government Representative. The second copy of the receipt will be forwarded by the receiving company Security Officer or the Cognizant Security Office or Designated Government Representative, as applicable, to the NSA/DSA who is responsible for ensuring that the classified documents are properly protected while they are under that Government's cognizance.

 

13. The receipt, which is packed with the classified documents, must contain the following details:

 

13.1 Exact description of the classified documents (originating organization, date of issue, copy number, registry reference number, and number of pages, including annexes).

 

13.2 Date and time of handing over the package to the addressee.

 

13.3 Name and position/appointment of the individual that signed the receipt.

 

13.4 Stamp, official seal, or designation of the recipient's organization.

 

13.5 Signature of the recipient.

 

14. The dispatching company Security Officer will notify the receiving company Security Officer, or the Cognizant Security Office or Designated Government Representative, of the anticipated date and time of the courier's arrival. If the courier has not arrived within 24 hours of the expected time of arrival, the receiving company Security Officer, or the Cognizant Security Office or Designated Government Representative, will consult the dispatching Security Officer to determine the circumstances of the late arrival. The dispatching company Security Officer will notify his/her Cognizant Security Office or Designated Government Representative, unless officially notified of a change to the courier's itinerary.

 

15. Throughout the journey, the classified documents will remain in the personal possession of the courier. In particular, they must not be left unattended at any time during the journey, either in the means of transport being used, in hotel rooms, cloakrooms, or other such locations, nor may they be deposited in hotel safes, luggage lockers, or in luggage offices. In addition, envelopes/packages containing the classified documents must not be opened en route, unless required by the Customs or other public officials as described under paragraph 16., below.

 

16. The courier will comply with official requests to open classified consignments by the Customs or other public officials. When inspection is unavoidable, care should be taken to show only sufficient parts of the contents of the consignments to enable the officials to determine that the consignment does not contain any items other than those declared.

 

17. In cases where the consignment is opened, to comply with a request by Customs or other public officials, the courier will notify his/her company Security Officer who will notify his NSA/DSA, Cognizant Security Office or Designated Government Representative. If the inspecting officials are not of the same country as the dispatching company, the responsible NSA/DSA whose officials inspected the consignment also will be notified.

 

18. Under no circumstances will the classified consignment be handed over to Customs or other public officials for their custody.

 

19. When carrying classified documents, the courier will not travel:

 

19.1 By surface routes through countries that are not participating in this arrangement, except as agreed by the NSAs/DSAs;

 

19.2 On carriers of or by air routes over countries mutually agreed to by the NSAs/DSAs. Further advice on this matter may be requested from the NSA/DSA, Cognizant Security Office or Designated Government Representative, if necessary.

 

20. In cases where documents classified RESTRICTED (see Appendix B) are being carried, national security regulations will apply.

 

 

B. HAND CARRIAGE OF CLASSIFIED EQUIPMENT AND/OR COMPONENTS

 

The procedures described in Section A of this document must be complied with, supplemented by the following requirements that govern the urgent hand carriage by couriers of equipment and/or components classified SECRET or below relative to programmes, projects, or contracts involving countries adhering to this arrangement: (The consignment will be of such size, weight, and configuration that it can be retained at all times in the personal possession of the courier.)

 

1. The "Courier Certificate" is to be used only to verify the bona fides of the courier and to avoid direct inspections of the hand-carried items or, if an inspection is unavoidable, to have it done under secure conditions. It will not be used as an instrument to avoid obligations on the exportation, importation, and/or transit of material subject to export/import laws and regulations.

 

2. The dispatching company Security Officer, in collaboration with the company export officer, will:

 

- Obtain approval for the urgent transfer of the classified consignment from the national programme or project director or contracting officer and responsible NSA/DSA, Cognizant Security Office or Designated Government Representative, as required by national regulations;

 

- Visually verify, in the presence of the Cognizant Security Office or Designated Government Representative, the contents of the consignment against a receipt and/or shipping documentation;

 

- Provide the courier with the consignment to be hand-carried, packaged in accordance with the existing national security regulations, after having accomplished the necessary administrative and customs requirements for exportation;

 

- Provide the courier with the documentation necessary to carry the consignment out of the exporting country for transit through or stops in intermediate countries (if any) and to enter the destination country;

 

- Provide the courier with the inventory of the consignment if an inventory is not in the above described documentation; and

 

- Arrange, in coordination with the Cognizant Security Office and/or NSA/DSA, for customs and security officials at the port of embarkation and debarkation, as well as diplomatic and military authorities of intermediate and destination countries, to be notified of the shipment and request their support.

 

3. The courier must also receive from the dispatching company's Security Officer all the instructions necessary to fulfill the operations of legal introduction and secure final delivery of the consignment in the country of destination. Such instructions will provide for unforeseen difficulties that may hamper or make it temporarily impossible to deliver the consignment to its final destination. Therefore, they must contain appropriate addresses and telephone numbers of company and government officials in the countries to be transited and entered, who may be contacted for assistance. They may be the addresses and telephone numbers of:

 

- Diplomatic or consular authorities or Defence Attaches of his/her country;

 

- Police or other governmental authorities of the country where he/she has encountered difficulties;

 

- Security Officer of the receiving company;

 

- NSAs/DSAs and Cognizant Security Offices.

 

4. In the event of difficulties, the courier will reveal only what is necessary to let the authorities understand the problem. Identification will be on the basis of the details of the "Courier Certificate," without revealing details concerning the consignment. The courier may reveal the number, weight, volume, and dimensions of the consignment but not the nature of its contents. In no case will the courier relinquish possession of the consignment until it is delivered in accordance with the security instructions.

 

5. The Security Officer of the receiving company will inform the company's Cognizant Security Office or NSA/DSA of the anticipated arrival of the classified consignment, and assist as necessary with entry, customs, and/or other administrative requirements.

 

 

Appendices

 

A - List of Responsible Government and Company Participants

B - Table of Equivalent Security Classifications

C - Courier Declaration

D - Courier Certificate and Annexes

 

APPENDIX A

 

List of Responsible Government and Company Participants

 

 

(Note: List the name, address, telephone and telefax numbers, and points of contact at government and company offices. For companies, list the name, address, telephone and telefax numbers, and the name of company Security Officer; level of facility security clearance and level of safeguarding capability; and the name, address, and telephone number of the National Security Authority/Designated Security Authority, Cognizant Security Office and Designated Government Representative)

 

I. NATIONAL SECURITY AUTHORITIES/DESIGNATED SECURITY AUTHORITIES

 

PARTICIPATING NAME/TITLE

COUNTRIES OF DSA ADDRESS TELEPHONE # TELEFAX #

(include country/city code)

 

 

II. COGNIZANT SECURITY OFFICES

 

PARTICIPATING NAME/TITLE

COUNTRIES OF POINT ADDRESS TELEPHONE # TELEFAX #

OF CONTACT (include country/city code)

 

 

III. DESIGNATED GOVERNMENT REPRESENTATIVE

 

PARTICIPATING NAME/TITLE

COUNTRIES OF POINT ADDRESS TELEPHONE # TELEFAX #

CONTACT (include country/city code)

IV. PARTICIPATING PROGRAMME/PROJECT COMPANY SECURITY OFFICERS

 

PARTICIPATING COMPANY NAME

COUNTRIES & NAME OF ADDRESS TELEPHONE # TELEFAX #

SECURITY (include country/city code)

OFFICER

 

 

APPENDIX B

 

TABLE OF EQUIVALENT SECURITY CLASSIFICATIONS

 

COUNTRY

TOP SECRET

SECRET

CONFIDENTIAL

RESTRICTED

BELGIUM

(French)

TRES SECRET

SECRET

CONFIDENTIEL

DIFFUSION RESTREINTE

(Flemish)

ZEER GEHEIM

GEHEIM

VERTROUWELIJK

BEPERKTE VERSPREI-

DING

CANADA

TOP SECRET

SECRET

CONFIDENTIAL

NO EQUIVALENT

DENMARK

YDERST HEMMELIGT

HEMMELIGT

FORTROLIGT

TIL TJENESTE-

BRUG

FRANCE

(1)

SECRET DEFENCE

CONFIDENTIEL DEFENSE

DIFFUSION RESTREINTE

GERMANY

STRENG GEHEIM

GEHEIM

VS-VERTRAULICH

VS-NUR FUR DENIENSTGE-

BRAUCH

GREECE

AKPW E

AP OPPHTON

AP OPPHTON

EMP IS TEYTIKON

P EPIW PIS -MENHS

XPHS EW S

ITALY

SEGRETISSIMO

SEGRETO

RISERVATISSIMO

 

LUXEMBOURG

TRES SECRET

SECRET

CONFIDENTIEL

DIFFUSION RESTREINTE

NETHERLANDS

Stg ZEER GEHEIM

Stg GEHEIM

Stg CONFIDENTIEEL

NO EQUIVALENT

NORWAY

STRENGT HEMMELIG

HEMMELIG

KONFIDENSIELT

BEGRENSET

PORTUGAL

MUITO SECRETO

SECRETO

CONFIDENCIAL

RESERVADO

SPAIN

SECRETO

RESERVADO

CONFIDENCIAL

 

TURKEY

COK GIZLI

GIZLI

OZEL

HIZMETE OZEL

UNITED KINGDOM

TOP SECRET

SECRET

CONFIDENTIAL

RESTRICTED

UNITED STATES

TOP SECRET

SECRET

CONFIDENTIAL

NO EQUIVALENT

 

(1) ONLY FOR GOVERNMENT PRIORITIES

 

Appendix C to MISWG Document No. 1

 

(SAMPLE HEADING)

(INSERT NAME AND ADDRESS OF DSA)

 

D E C L A R A T I O N

 

 

(name, forename)

 

(name of company)

 

(position in company)

 

 

 

 

The Security Officer of the (name of company/organization) handed to me the Notes concerning the handling and custody of classified documents/equipment to be carried by me. I have read and understood their contents.

 

I shall always retain en route the classified documents/equipment and shall not open the package unless required by the Customs Authorities.

 

Upon arrival, I shall hand over the classified documents/equipment intended for the receiving company/organization, against receipt, to the designated consignee.

 

 

 

 

 

(place and date) (signature of courier)

 

 

 

 

Witnessed by: (company Security Officer's signature)

 

Appendix D to MISWG Document Number 1

 

(SAMPLE HEADING)

 

(INSERT NAME AND ADDRESS OF DSA)

PROGRAMME TITLE (optional)

 

COURIER CERTIFICATE NO._________

FOR THE INTERNATIONAL HAND CARRIAGE

OF CLASSIFIED DOCUMENTS, EQUIPMENT, AND/OR COMPONENTS

 

 

This is to certify that the bearer, Mr./Ms. (name/title ), born on (day/month/year), in (country ), a national of (country ), holder of passport/identity card no. (number ), issued by (issuing authority ), on (day/month/year), employed with (company or organization ), is authorized to carry on the journey detailed below the following consignment: (number and particulars of the consignment)

 

 

 

 

 

 

 

The attention of Customs, Police, and/or Immigration Officials is drawn to the following:

 

- The material comprising this consignment is classified in the interests of national security of: (Indicate the countries having interest. At least the country of origin of the shipment and that of the destination should be indicated. The country/ies to be crossed also may be indicated.)

 

- It is requested that the consignment not be inspected by other than properly authorized persons or those having special permission.

 

- If an inspection is deemed necessary, it is requested that it be carried out in an area out of sight of persons who do not have a need-to-know and in the presence of the courier.

 

- It is requested that the package, if opened for inspection, be marked after reclosing to show evidence of the opening by sealing and signing it and by annotating the shipping documents (if any) that the consignment has been opened.

 

- Customs, Police, and/or Immigration officials of countries to be transmitted, entered, or exited are requested to give assistance if necessary to assure successful and secure delivery of the consignment.

 

ANNEX 1 TO COURIER CERTIFICATE NO. .....

 

ITINERARY

 

 

From: (originating country)

 

To: (destination country)

 

Through: (list intervening countries)

 

Authorized stops: (list locations)

 

Date of beginning of journey: (day/month/year)

 

 

 

Signature of company's Signature of the Designated Security Authority,

Security Officer Cognizant Security Office or Designated Government Representative

 

______________________ _____________________________________

(name) (name)

 

Company's stamp Designated Security Authority's stamp

 

______________________ _____________________________________

 

--------------------------------------------------------------------------------------------------------------

N O T E: To be signed on completion of journey:

 

 

I declare in good faith that, during the journey covered by this "Courier Certificate," I am not aware of any occurrence or action, by myself or by others, that could have resulted in the compromise of the consignment.

 

 

 

Courier's Signature:______________________________________________________

 

Witnessed by: (company Security Officer's signature) .

 

Date of return of the "Courier Certificate": (day/month/year) .

 

(SAMPLE HEADING)

 

(NAME AND ADDRESS OF DSA)

 

 

Annex 2 to the "Courier Certificate" No.....for the International Hand Carriage of Classified Documents, Equipment, and/or Components

 

 

NOTES FOR THE COURIER

 

 

You have been appointed to carry/escort a classified consignment. Your "COURIER CERTIFICATE" has been provided. Before starting the journey, you will be briefed on the security regulations governing the hand carriage of the classified consignments and on your security obligations during the specific journey (behavior, itinerary, schedule, etc). You will also be requested to sign a declaration that you have read and understand and will comply with prescribed security obligations.

 

The following general points are brought to your attention:

 

1. You will be held liable and responsible for the consignment described in the Courier Certificate.

 

2. Throughout the journey, the classified consignment must stay in your personal possession, unless you are accompanying a classified consignment under an NSA/DSA-approved transportation plan.

 

3. The consignment will not be opened en route except in the circumstances described in paragraph 10., below.

 

4. The classified consignment is not to be discussed or disclosed in any public place.

 

5. The classified consignment is not, under any circumstances, to be left unattended. During overnight stops, military facilities or industrial companies having appropriate security clearance may be utilized. You are to be instructed on this matter by your company Security Officer.

 

6. While hand carrying or accompanying a classified consignment, you are forbidden to deviate from the travel schedule provided.

 

7. In cases of emergency, you must take such measures as you consider necessary to protect the consignment, but on no account will you allow the consignment out of your direct personal possession except under circumstances described in paragraph 2, above; to this end, your instructions include details on how to contact the security authorities of the countries you will transit as listed in paragraph 12., below. If you have not received these details, ask for them from your company Security Officer.

 

8. You and the company Security Officer are responsible for ensuring that your personal expatriation and travel documentation (passport, currency, and medical documents, etc.) are complete, valid, and current.

 

9. If unforeseen circumstances make it necessary to transfer the consignment to other than the designated representatives of the company or government you are to visit, you will give it only to authorized employees of one of the points of contact listed in paragraph 12.

 

10. There is no assurance of immunity from search by the Customs, Police, and/or Immigration Officials of the various countries whose borders you will be crossing; therefore, should such officials inquire into the contents of the consignment, show them your "Courier Certificate" and this note and insist on showing them to the actual senior Customs, Police and/or Immigration Official; this action should normally suffice to pass the consignment through unopened. However, if the senior Customs, Police, and/or Immigration Official demands to see the actual contents of the consignment you may open it in his presence, but this should be done in an area out of sight of the general public.

 

a. You should take precautions to show officials only as much of the contents as will satisfy them that the consignment does not contain any other item and ask the official to repack or assist in repacking it immediately upon completion of the examination.

 

b. You should request the senior Customs, Police, and/or Immigration Official to provide evidence of the opening and inspection of the consignment by signing and sealing and signing them when closed and confirming in the shipping documents (if any) that the consignment has been opened.

 

c. If you have been required to open the consignment under such circumstances as the foregoing, you must notify the receiving company Security Officer and the dispatching company Security Officer, who should be requested to inform the NSAs/DSAs of their respective governments.

 

11. Upon your return, you must produce a bona fide receipt for the consignment signed by the Security Officer of the company or agency receiving the consignment or by a NSA/DSA of the receiving government.

 

12. Along the route you may contact the following officials to request assistance:

 

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