scope:

Purpose

a. To implement references (a) through (j) with respect to the disclosure of Classified Military Information (CMI) and Controlled Unclassified Information (CUI) by the Department of the Navy (DON) personnel to representatives of foreign governments or international organizations, including foreign national visitors, liaison officers, exchange personnel, cooperative programs and personnel, and other foreign nationals who may have official contact with the DON.

b. To provide DON foreign disclosure policy and assign responsibilities.

Applicability. The provisions of this instruction apply to all DON organizations and personnel involved in initiatives that may result in the disclosure of CMI or CUI to foreign governments and international organizations, or their representatives or persons sponsored by them (hereinafter referred to as foreign representatives). DON activities shall ensure these provisions are imposed on contractors through the security requirements of each contract. This instruction applies to disclosures at any location and any form; i.e., in oral, visual, or material form (e.g., releases of documentary information or hardware). In the event of a perceived conflict between this instruction and other DON policies or procedures, relevant disclosure issues will be held in abeyance until the Navy International Programs Office (Navy IPO) resolves the policy conflict.

a. Military information requiring protection in the interests of National Security is limited to three classifications: TOP SECRET, SECRET, or CONFIDENTIAL, as described in reference (j), or successor Executive Orders. It includes the eight categories of information described in reference (d). Military information is information under the control or jurisdiction of the Department of Defense (DoD), including the DoD Components, or is of primary interest to them. Military information may be embodied in equipment or may be in written, oral, or other form.

b. CUI is limited to unclassified information with a military or space application to which access or distribution statements have been applied per national laws, regulations, and policies.

c. The policy set forth in this instruction and its implementing procedures shall apply to export license applications that are reviewed by the DON.

d. Access to CMI and CUI by foreign national employees of the DON or DON contractors shall be per this instruction and references (g) through (i), (k), and (l), as applicable. e. This instruction does not apply to:

(1) disclosures to United States (U.S.) nationals (except that it does apply when they are acting as foreign representatives);

(2) DON information approved for public release per reference (m);

(3) Unclassified information that does not have a military or space application whose disclosure is governed by other statutes, regulations, and policies; and

(4) unclassified information determined to be exempt from mandatory disclosure to the public under reference (n) implemented within the DON by reference (o).