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MULTINATIONAL INDUSTRIAL SECURITY WORKING GROUP

12 May 1988 MISWG DOCUMENT Number 1

(amended 25 June 1993)

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.

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.

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

TABLE OF EQUIVALENT SECURITY CLASSIFICATIONS