Defense Exportability Integration Best Practices Job Support Tool (JST)
This Job Support Tool (JST) describes Defense Exportability Integration (DEI) best practices that Program Management Offices (PMOs) and supporting functional organizations should consider using based on the overall defense exportability guidance contained in the Defense Acquisition Guidebook’s Chapter 1 Supplement – International Acquisition and Exportability (IA&E) and Chapter 9 – Program Protection. This JST is designed to help PMOs, the international manager, and supporting functional organizations plan and execute program-level DEI activities that lead to achievement of their programs’ international acquisition objectives.
The DAG emphasizes the importance of PMO-led DEI efforts that provide a solid foundation for all types of international acquisition activities including International Cooperative Programs (ICPs), Foreign Military Sales (FMS), Direct Commercial Sales (DCS), Building Partner Capacity (BPC), and international contracting. Comprehensive DEI planning and execution throughout the program life-cycle leads to enhanced acquisition outcomes and security cooperation relationships that support U.S., allied, and friendly nations’ warfighters. Failure to adequately address DEI considerations increases U.S. and foreign acquisition costs and reduces coalition mission effectiveness.
The overall goal of U.S. Government (USG) and DoD DEI policies and procedures is to achieve an optimal balance among key U.S. national security and foreign policy goals; a) building coalition partner operational capability; b) reducing overall acquisition costs; c) engaging the global defense technology base while maintaining U.S. military technological edge; d) establishing and strengthening political-military relationships; and e) strengthening the domestic and allied industrial base.
Actually achieving a balance among often-competing international acquisition goals at the individual program level, however, can be very challenging. PMOs often find USG/DoD Technology Security and Foreign Disclosure (TSFD) processes and export control-related efforts vexing since they do not have a single DoD process owner. The USG/DoD TSFD “system” involves overlapping responsibilities among a semi-autonomous collection of various TSFD processes – colloquially referred to as the TSFD “Pipes” (see DAG Chapter 1 IA&E Supplement, CH 1-S1–9. Technology Security and Foreign Disclosure Processes for details) – which issue both broad and specific TSFD policy guidance applicable to all A&S and DoD Component international acquisition activities. These TSFD “pipes” operate outside the DoD Component Acquisition Executives’ (CAEs’), the Office of the Under Secretary of Defense for Acquisition and Sustainment’s (OUSD(A&S))’s – and in some cases, the DoD’s -- span of control, which further exacerbates the complexities that PMOs often encounter in obtaining required TSFD approvals relevant to their program.
This JST is organized as follows: Section 1 – Fundamental Policies, Section 2 – Program Protection (International Considerations), Section 3 – Navigating the Technology Security & Foreign Disclosure (TSFD) “Pipes”, Section 4 – Exportability Design & Development, Section 5 – International Security and Export Control Considerations, Section 6 – Exportability Integration, plus a Glossary of key terms at the end of the document. It provides best practice information in all of the DEI areas listed above, with special emphasis on PMO-led DEI activities. PMOs with international acquisition responsibilities should work closely with their local Foreign Disclosure Office (FDO), their DoD Component International Program Organization (IPO), and other DoD Component and Office of Secretary of Defense (OSD) level organizations, as applicable, to organize, plan, and implement program-specific DEI efforts.
Relationship to Other JSTs
For new start acquisition programs, DAG Chapter 1 (paragraph 18.104.22.168) recommends that Program Managers conduct an IA&E Assessment to collect information and assess factors related to a program’s future international involvement, including DEI considerations. Please refer to the IA&E Assessment JST for best practice DEI guidance in this area. The Acquisition Strategy – International Considerations JST provides additional best practice guidance regarding DoD documentation requirements for the DEI aspects of international involvement in DoD acquisition programs throughout a program’s life-cycle. Depending on the nature of their programs, PMOs should also consider consulting the ICP JST or FMS Systems Acquisition JST to help address the DEI aspects of current and future ICP and FMS arrangements. For mature programs with substantial international acquisition, involvement – including complex DEI planning and implementation challenges – consult the International Business Planning JST.
Section 1 – Fundamental Policies
A. Policy References
1. Program Protection Policy
Section 2.B. (Program Protection Policy) of the IA&E Assessment JST provides an overview of the sources of DoD acquisition policy that govern the international aspects of program protection.
2. Acquisition Strategy General Policy
Section 1.A. (Acquisition Strategy General Policy) and Section 1.D (Foreign Industry Participation Policy) of the Acquisition Strategy – International Considerations JST provides an overview of the sources of DoD acquisition policy that govern TSFD, export control, international security, and exportability design efforts.
3. Exportability Requirements
Joint Requirements Oversight Council Memo (JROCM 025-19) issued on 15 April 2019 requires that initial exportability objectives associated with future allied/partner interoperability and coalition use be included in the Concept of Operations (CONOPS) section in Joint Capability Integration and Development System (JCIDS) Initial Capabilities Documents (ICDs) and that standard exportability language as a Key System Attribute (KSA) be included in Capability Development Documents (CDDs) and CDD updates for systems with export potential. In addition to any exportability requirements established in ICDs and CDDs, program managers are also responsible for establishing overall exportability requirements in the program’s Acquisition Strategy per DoDI 5000.02, Enclosure 2, paragraph 7.a.
4. DEI Policy Reference List
Consult the DAU.mil website’s International Acquisition Management (IAM) Community of Practice (ICOP) website for a comprehensive DEI Policy Reference List.
Section 2 – Program Protection (International Considerations)
A. Program Protection Overview
Program protection measures are one of the two foundational “building blocks” for PMO-level DEI efforts (TSFD processes represent the second foundational building block). Planning and execution of protection measures in each of the following three program protection “pillars” should address both U.S. domestic and international acquisition aspects:
- Information (also referred to as Classified Military Information (CMI) and Controlled Unclassified Information (CUI)) that is resident in DoD systems and data links (COMSEC) and general IT networks (cybersecurity) that is protected by overall program physical and cybersecurity measures
- Critical Program Information (CPI) are U.S. capability elements that contribute to the warfighters’ technical advantage, which if compromised, undermines U.S. military preeminence. U.S. capability elements may include, but are not limited to, software algorithms and specific hardware residing on the system, its training equipment, or maintenance support equipment. CPI is primarily protected by Anti-Tamper (AT) and Differential Capability (DC) protection measures
- Trusted Systems & Networks (TSN) Critical Components are components which are or contain information and communications technology (ICT), including hardware, software, and firmware, whether custom, commercial, or otherwise developed, and which deliver or protect mission critical functionality of a system or which, because of the system’s design, may introduce vulnerability to the mission critical functions of an applicable system. These critical components are protected by software and hardware assurance and other supply chain risk management protection measures
B. Program Protection Governance
Each program protection “pillar” is governed by a separate set of organizations, policies, and practices. Consult DAG Chapter 9 – Program Protection and the DAU.mil ICOP website’s DEI Policy Reference List which provides specific guidance documents that govern overall program protection activities and each pillar. The PMO and its functional support personnel should engage subject matter experts in all three pillars to develop comprehensive, harmonized domestic and international program protection measures:
- DoD Chief Information Officer (CIO), National Security Agency (NSA), CYBERCOM, USD(Intelligence), and the Defense Security Service (DSS) are responsible for the Information pillar based on DoD 8500 series, Defense Acquisition Guidebook (DAG), and DoD 5200 series Information Security Program guidance
- Office of the Under Secretary of Defense for Research & Engineering (OUSD(R&E)) and the DoD Anti-Tamper Executive Agent (ATEA) are responsible for governance of the CPI Protection pillar based on DoDD 5200.47E, DoDI 5200.39, and DAG guidance. SAF/AQLS is designated as the DoD Anti-Tamper Executive Agent (DoD ATEA)
- OUSD(A&S), in coordination with the DoD CIO, oversee the implementation of, and issue supporting guidance as necessary, in support of the TSN Protection pillar based on DoDI 5200.44 and DAG guidance
C. Life-Cycle Program Protection Aspects
The domestic and international aspects of program protection described in DAG Chapter 9 – Program Protection should be addressed from the program’s inception throughout the acquisition life cycle to achieve optimal protection in all three pillars. The PMO, supported by the Systems Engineering (SE) and Systems Security Engineering (SSE) functional personnel working with other key functional organizations (international manager, FDO, security manager, etc.), and the contractor team should review and apply the following international aspects of program protection:
- Applicable USG/DoD TSFD and export control policy is understood and implemented in the system’s exportable version(s)
- TSFD and export control policy-driven Differential Capability (DC) requirements that lead to development of one or more exportable versions of the system are developed based on OUSD(A&S) Defense Exportability Features (DEF) policy guidance provided in USD(A&S) DEF Policy Implementation Memorandum and Guidelines, dated Apr 9, 2015 and Section 4 of this JST
- Information protection measures associated with potential ICP, FMS, DCS, or BPC arrangements should be developed to ensure future materiel and operational interoperability with allied and friendly nations who purchase the system and/or participate in coalition or multinational operations with U.S. forces operating the system
- For identified Critical Program Information(CPI):
- All CPI contained in domestic and exportable versions is identified and adequately protected by AT
- Conduct a horizontal protection analysis (see DAG Chapter 9, paragraph 22.214.171.124 “Horizontal Protection of CPI”) to ensure CPI associated with more than one program is be protected to the same degree. Any CPI and AT resulting from TSFD and export control policy-driven DC modifications in the export version(s) should be evaluated by the PMO, key functional organizations, and the DoD ATEA. Addressing AT requirements moves rapidly into discussion of classified information. Programs should contact the DoD ATEA for appropriate guidance before drafting any AT-related documents.
- As the system matures, CPI protection measures should be periodically reassessed to take into account diminishing manufacturing sources and materiel shortages and parts obsolescence-related configuration changes -- as well as the evolution of sustainment and spares management activities -- throughout the program’s life cycle. Any potentially adverse impacts identified by CPI reassessment efforts should be addressed, as appropriate, through development and implementation of modified/new program protection measures. TSN protection measures associated with potential ICP, FMS, DCS, or BPC arrangements with other nations should be developed to ensure that the TSN aspects of both domestic and exportable versions achieve an adequate level of protection
- DoD domestic and international security arrangements and USG export controls govern the export and import of DoD information and supply chain components by U.S. and foreign industry for both domestic and international versions of a system. Overall system program protection measures for all three “pillars” should be harmonized and integrated in the program’s international security and export control execution (See Section 5 of this JST for details.)
D. Domestic and International Program Protection Integration
PMOs should plan and implement integrated domestic and international program protection measures from the program’s inception recognizing that – analogous to establishment and development of system interoperability aspects – “perfect information” will not be available to achieve “100% solutions” during a program’s initial stages. Establishment of reasonable, initially achievable domestic and international program protection measures early in the program’s life-cycle provides a solid foundation for program-specific initial DEF feasibility study efforts. As the program matures, combined program protection and DEF measures (see Section 4 for details) should lead to development and fielding of affordable exportable versions that optimally protect leading edge DoD capabilities and technologies.
E. Key Considerations
PMOs, the international manager, and supporting functional organizations should examine the following key considerations during the planning stages of Defense Exportability Integration efforts:
Have you engaged all relevant TSFD pipes to ensure that comprehensive, harmonized domestic and international program protection measures are being developed and implemented for both U.S. and exportable system versions?
Based on applicable TSFD pipe guidance, have you initiated planning for program protection measures for future exportable variants (versus planning for U.S.-only protection measures)?
Are your program’s SE and SSE functional personnel working with other key functional organizations (PMO, international manager, FDO, security manager, etc.) and the contractor team to assess and implement domestic and international trade-offs that lead to effective and affordable program protection measures for the U.S. and exportable versions of the system?
Have you and your functional support personnel employed a DEF design approach that integrates program protection measures and TSFD/export control policy-driven DC requirements that will lead to development of one or more exportable versions of the system? If not, what specific roadblocks are being encountered, and what should be done to address and resolve them?
Have you and your functional support personnel addressed the domestic and international aspects of all three program protection “pillars” in the Program Protection Plan (PPP) or Technology Assessment/Control Plan (TA/CP) from the program’s inception and subsequent acquisition phase activities, including program upgrades and sustainment? (See DAG, Chapter 1 IA&E Supplement, CH 01-S1-10., Program Protection Documentation for details)
Section 3 – Navigating the TSFD “Pipes”
A. TSFD Overview
TSFD is the second foundational building block upon which PMO-level DEI efforts are based. Unlike program protection, which has both a domestic and international aspects, the USG/DoD TSFD evaluation and decision-making processes -- commonly referred to as “navigating the TSFD pipes” -- focus on the potential benefits and risks associated with proposed international acquisition activities in their respective areas of responsibility.
B. TSFD Pipe Navigation Best Practices
Step 1 - Assessment and Identification
PMO’s, in consultation with their DoD Component IPO and FDO, should identify the applicable TSFD pipes that pertain to their program as early as possible in the DoD acquisition process. (See Figure 1 below as well as DAG Chapter 1 IA&E Supplement, CH 1-S1–9. Technology Security and Foreign Disclosure Processes for details.) Programs in Materiel Solution Analysis (MSA) or Technology Maturation and Risk Reduction (TMRR) phases should conduct an initial DEF Feasibility Study as part of their IA&E Assessment and in developing their Acquisition Strategy in order to systematically evaluate which TSFD pipe policy guidance may be pertinent to future program ICP, FMS, DCS, or BPC efforts. Programs in later acquisition phases should conduct a DEF Feasibility Study that identifies and documents program-related TSFD pipe policy guidance that has already been issued. Then assess the need for additional TSFD pipe engagement, to ensure the PMO adequately considers the breadth and depth of USG/DoD TSFD policy decision making required to execute the international aspects of the program’s Acquisition Strategy and International Business Plan (IBP).
Figure 1: Technology Security and Foreign Disclosure Processes
Primary DoD Processes (green)
- National Disclosure Policy (NDP) governs the release of Classified Military Information (CMI) through the National Disclosure Policy Committee (NDPC) for CMI Categories 1-7; chaired by Director, Defense Technology Security Administration (DTSA)
- Military Intelligence Disclosure Policy (MIDP) governs the release of CMI Category 8 (Military Intelligence); chaired by USD(I)
- Low Observable and Counter Low Observable (LO/CLO) process governs release of LO/CLO capabilities and technologies under the leadership of USD (A&S). A&S’s Director, Special Projects chairs the Tri-Service Committee that supports the LO/CLO Executive Committee (LO/CLO EXCOM), chaired by USD(A&S)
- Anti-Tamper (AT) process governs the protection of CPI under the leadership of USD(R&E) through the LO/CLO Executive Committee (EXCOM), DoD AT Executive Agent (ATEA) and DoD Component AT organizations
- Communications Security (COMSEC) process governs the release of USG communications security capabilities and technologies through the USG-level Committee for National Security Systems (CNSS) which is chaired by the National Security Agency (NSA)
Specialized DoD Processes (blue)
- Special Access Programs (SAP) process governs release of DoD SAP capabilities and technology through the DoD Special Access Program Coordinator (SAPCO) (A&S’s Director, Special Program’s “other hat”) through the SAP Oversight Committee (SAPOC), under the leadership of DepSecDef
- Missile Technology Control Regime (MTCR) process governs export of “missile system” (including unmanned aerial system) capabilities and technologies for “missile systems” with the potential to deliver weapons of mass destruction under the leadership of the State Department (OUSD(P)/DTSA is the DoD representative in this process)
- Night Vision Device (NVD) technology release process governs release of NVD capabilities and technologies under the leadership of OUSD(P)/DTSA
- Intelligence (Intel) processes (various) govern release of USG and DoD intelligence products led by the Director of National Intelligence (DNI). OUSD(I) is the DoD representative in the process supported by the Defense Intelligence Agency (DIA)
- Data Link/Waveform (DL/WF) process governs release of DoD DL/WF capabilities and technology under the leadership of DoD Chief Information Officer (CIO)
- Positioning, Navigation, and Timing (PNT)/Global Positioning System (GPS) process governs release of specialized USG PNT/GPS capabilities and technology under the leadership of DoD CIO
- Geospatial Intelligence (GEOINT) process governs the release of GEOINT products (including specialized mapping data) through the USG-level Remote Sensing Committee which is chaired by of the National Geospatial-Intelligence Agency (NGA)
- Electronic Warfare (EW) process governs release of EW capability and technology based on inputs from multiple primary and secondary TSFD process owners under the leadership of OUSD(R&E), the National Security Agency (NSA), and OUSD(P) technical experts, including DTSA
Step 2 - Consultation and Engagement
Once the relevant TSFD pipes have been identified by the PMO, in consultation with their DoD Component IPO and local FDO, detailed engagement with each TSFD pipe owner should be pursued. Complex programs with leading edge DoD capabilities and technologies may require engagement with 5-10 different TSFD pipes. Moreover, each TSFD pipe owner requires that engagement efforts follow its policy and procedures including areas such as:
- Which DoD Component organization(s) are empowered to engage directly with the pipe (PMOs often must engage applicable pipes through an empowered organization within their DoD Component)
- The type of information required to obtain policy guidance/decisions from applicable pipes (While much of the program-specific information required by each pipe is similar, each pipe has its own format as well as unique information requirements it establishes)
- The way pipe decisions are made, documented, and recorded. (There is also a wide variance among the various pipes regarding their assessment methodology and criteria, decision documents, and recording of previous decisions that may establish relevant precedents for your program)
PMOs should be proactive within their DoD Component regarding TSFD pipe engagement activities. PMOs normally follow their DoD Component/FDOs lead regarding overall planning and engagement with pertinent TSFD pipes, but should also develop an internal PMO Plan of Action and Milestones (POA&M) (or equivalent) to ensure that all relevant TSFD pipe engagements are harmonized and synchronized with the program’s Integrated Master Plan (IMP) and IBP. The DoD Technology Security & Foreign Disclosure Office (TSFDO) is also a resource available to PMOs, DoD Component IPOs, and FDOs seeking advice and insights regarding TSFD pipes pertinent to their program.
In addition to the USG/DoD TSFD process, PMOs should also be aware of USG Export Control considerations pertaining to their program. USG/DoD TSFD and USG export control review and approval systems are separate, but related. While obtaining USG export approvals are primarily a DoD contractor responsibility, PMOs are routinely asked by DoD Component IPOs and FDOs to provide program-specific advice on proposed USG export approvals under consideration by the State Department (for defense articles, services, and technical info on the U.S. Munitions List in the International Traffic in Arms Regulations (ITAR)) and the Commerce Department (for dual-use items and technology on the Commerce Control List (CCL) in the Export Administration Regulations (EAR)). Programs with substantial ICP involvement should consider developing a Technology Release Roadmap (TRR) (see further details in Section 5 of this JST) to help integrate PMO and program contractor TSFD and export control -related activities.
PMOs and supporting personnel in various acquisition functional disciplines should participate, as applicable, in engaging the TSFD pipes, including the international manager, SE, Engineering, and SSE experts, the FDO, and the security manager. The PMO and functional organizations should work to ensure the government and contractor team TSFD and export control-related efforts are aligned, harmonized, and synchronized. TSFD pipes and USG export license reviewers expect the PMO to perform this function. PMOs that employ this approach normally achieve desired TSFD and related export control approval outcomes. PMOs that do not employ this integrated approach encounter multiple problems and substantial delays in ICP, FMS, or hybrid FMS/DCS program formulation and execution.
While navigating the USG/DoD TSFD system, including navigation of each individual TSFD pipes relevant to a program, the PMO should understand that each TSFD pipe operates differently. PMOs should also recognize that each TSFD pipe must address potential dilemmas that arise while assessing U.S. national security, foreign policy, and operational demands to provide key capabilities to allies and friends against the potential risk of loss or compromise of key U.S warfighting capabilities and leading-edge technologies. PMOs, in consultation with their DoD Component IPO and FDO, should work closely with the relevant TSFD pipes in order to optimally balance competing USG/DoD objectives as an integral part of their efforts to establish a solid foundation for their program’s current and future IA&E efforts.
C. Key Considerations
PMOs, the international manager, and supporting functional organizations should examine the following key considerations while navigating the TSFD pipes as part of Defense Exportability Integration efforts:
Has the PMO, in consultation with its DoD Component IPO and FDO, been able to identify all relevant TSFD pipes applicable to their program’s IA&E efforts?
Has the PMO, working with its DoD Component IPO, FDO, and other key TSFD-related organizations engaged all of the relevant TSFD pipes? Has the PMO developed a POA&M (or equivalent) to obtain required TSFD pipe policy guidance/approvals?
For programs with substantial ICP involvement, have the PMO and program contractor(s) developed a Technology Release Roadmap (TRR) to help integrate PMO and program contractor TSFD and export control-related activities?
Has the PMO organized itself and supporting functional personnel in various acquisition disciplines including an international manager, SE, Engineering, and SSE experts, FDO, and security manager and their program contactor counterparts to effectively support TSFD pipe engagement activities?
Has the PMO been able to maintain focus on achieving big picture TSFD pipe outcomes that optimally balance competing USG/DoD foreign policy, operational, and capability/technology protection objectives for their program?
Section 4 – Exportability Design and Development
A. Foundational Building Blocks
As outlined in the preceding Sections of this JST, PMO exportability design and development efforts are based on two foundational building blocks – incorporation of system program protection measures and USG/DoD TSFD policy implementation through system Differential Capability (DC) modifications. PMOs, largely through their acquisition functional organizations, should focus on these two foundational building blocks in their program’s exportability design and development efforts based on exportability objectives established in JCIDS ICDs/CDDs and/or the program’s Acquisition Strategy (or equivalent documentation for agile acquisition efforts). The results of Program Protection (International Considerations) (Section 2) and Navigating the TSFD Pipes (Section 3) activities should be used to develop program-specific exportability requirements suitable for incorporation into program plans, international transaction mechanisms (.e.g., ICP international agreements, FMS cases, etc.), and associated contracting process documents. The DAG, Chapter 1 IA&E Supplement CH 01-S1-04., Defense Exportability Integration provides overall guidance on the DEF Pilot Program and Defense Exportability Implementation (including DoD Component-approved non-DEF Pilot Program alternatives). Optimal exportability design and development solutions will enable the program to mitigate the potential risks as shown in Figure 2.
Figure 2: Domestic and International Exportability Design Considerations
Cyber-attacks (domestic and global)
Counterfeit Parts (domestic and global supply chain)
Inadvertent Loss (domestic or global)
Unauthorized Transfers (by U.S. or foreign entities)
Foreign Espionage (by U.S. adversaries, allies, and friendly nations (government & industry)
Foreign Exploitation (by authorized or unauthorized system users, including equipment lost on the battlefield (US or export systems))
Program Protection Measures (the SSE, AT, Software Assurance, Hardware Assurance, Cybersecurity, and Supply Chain Risk Management, to include the use of Trusted Suppliers, used to protect U.S. and exportable systems)
TSFD Policy Decisions (which define what may or may not be included in exportable systems from a capability and technology transfer perspective)
Differential Capability Modifications (which remove unauthorized system capabilities and CPI, add unique customer nation requirements, and implement any other modifications required to achieve an exportable system configuration)
Information Security Measures (the CMI and CUI protection measures related to protection of U.S. and exportable system information)
Physical Security (use of “guns, gates, and guards” to protect U.S. and exportable version systems)
B. Feasibility Studies
PMOs should conduct DEF Feasibility Studies based on the detailed guidance contained in the USD(A&S) DEF Policy Implementation Memorandum and Guidelines (April 9, 2015) as early as possible in the program’s life-cycle. DEF Feasibility Studies, which may be implemented through A&S’s DEF Pilot Program or DoD Component Acquisition Executive (CAE)-approved Non-DEF Pilot Program arrangements, should be used to assess a system’s defense exportability design trade space and define future DEF design and development efforts. The results of a program’s initial DEF Feasibility Study should be used to:
- Establish the optimal number of exportable configurations of the system (Normally 2-4 different exportable configurations provide an optimal balance to achieve U.S. foreign policy, operational, and capability/technology protection objectives)
- Establish the detailed aspects of each exportable configuration with regard to Differential Capability (DC) and the “three pillars” of program protection (including AT) to mitigate potential risk of loss or compromise of key U.S warfighting capabilities and leading-edge technologies
The key challenges normally encountered in conducting an initial DEF Feasibility Study includes both the programmatic and technical aspects of exportability design. PMOs that have established and implemented a successful DEF Feasibility Study have been able to:
- Obtain early/timely DoD Component concurrence that an initial DEF Feasibility Study should be conducted by illustrating the potential magnitude (and benefits) of future phase ICP, FMS, DCS or BPC activity
- Engage program contractor(s) to convince them that conducting an initial DEF Feasibility Study would be advantageous from a U.S. industry (as well as USG) perspective
- Obtain funding to conduct an initial DEF FS (initial DEF Feasibility Study costs typically run in the $250K – $500K range)
- Plan for follow-on funding to conduct actual DEF design efforts leading to development of one or more exportable system configurations either during the program’s Engineering Manufacturing Development (EMD) phase or as part of a major program upgrade effort (DEF design non-recurring costs can run anywhere from the low $M to substantially higher depending on various factors, but a mix of Title 10, DSCA Special Defense Acquisition Fund (SDAF), ICP, and/or FMS funding may be used to fund DEF design efforts)
Key areas that may pose challenges in the actual conduct of initial DEF Feasibility Study and DEF design efforts include:
- Estimating future sales quantities of each exportable configuration(s) of the system
- Estimating non-recurring engineering (NRE) costs associated with designing and developing each exportable configuration of the system (Note: the larger the number of exportable configurations, the higher the overall DEF NRE costs will be)
- Finding and keeping government and contractor personnel with the specialized design skills (and associated security clearance requirements) needed to work effectively in AT, COMSEC, EW, and other highly classified design areas
- Projecting the potential threat environment 10-15 years into the future
- Employing a modular open systems architecture that will enable future TSFD-driven DC design changes to support product upgrades and an expanding sales market as the system matures
- Planning for future protection “technology refresh” design and development efforts to mitigate emerging risks
PMOs face the same types of challenges in designing for exportability as they do when designing and developing other demanding system characteristics. Due to the various uncertainties outlined above, PMOs normally find it difficult to achieve “perfect” exportability design outcomes during their program’s initial stages, but the old adage “best is the enemy of good enough” applies to DEF efforts as well. The PMO should conduct a “good enough” DEF Feasibility Study that implements an achievable set of exportability design features in its system exportable versions in order to achieve USG/DoD Security Cooperation engagement objectives while protecting leading edge DoD capabilities and technologies.
C. Key Considerations
PMOs, the international manager, and supporting functional organizations should engage with the following key considerations as part of exportability design and development activities:
Has the PMO initiated a DEF Pilot Program or DoD Component-approved DEF Pilot Feasibility Study to address key system program protection and TSFD policy considerations in order to explore potential exportability design efforts?
Have the PMO and its functional personnel been able to use the DEF Feasibility Study results to identify the optimal number of system exportable versions and the key details associated with each configuration?
Have the PMO and its functional personnel been able to identify, address, and resolve programmatic and technical challenges that could hinder future exportability design and development efforts?
Do program contractor(s) support exportability design efforts and will they help pay for them up front despite the uncertainty they face in recouping these costs in the future? What can the PMO do to mitigate program contractor(s)’ concerns about DEF Pilot Program government-industry cost sharing?
Have the PMO and its functional personnel been able to establish an exportability design and development effort that optimally balances competing USG/DoD foreign policy, operational, and capability/technology protection objectives for their program?
Section 5 – International Security and Export Control
A. International Security Basics
International Security “basics” include an assessment of the allied or friendly nation’s willingness and ability to protect U.S. Classified Military Information (CMI) and Controlled Unclassified Information (CUI) as well as corresponding USG/DoD TSFD and export control-decisions regarding whether or not to grant access (see Section 3 of this JST for details). In accordance with DoD Directive 5230.11 “Disclosure of Classified Military Information to Foreign Governments and International Organizations”, and prior to any DoD official’s decision to grant access to CMI or CUI, the foreign government or private sector entity must agree in writing to:
- Not to transfer or use beyond authorized purposes without U.S. consent
- Provide substantially the same degree of security protection as the U.S.
B. Government-to-Government Transfers
PMOs should never transfer U.S. CMI or foreign government CMI under DoD’s control unless they have verified the foreign government recipient has agreed in writing through an ICP Memorandum of Understanding (MOU), FMS LOA, or other USG/DoD approval document to provide such assurances pursuant to the applicable procedures in the U.S.- foreign government General Security Agreement (GSA) or equivalent. Policy and procedures for transfer of U.S CUI to foreign governments are in practice not as strict as those employed for CMI transfers since in most cases CUI is not governed by GSA procedures. However, PMOs are strongly encouraged to transfer U.S. CUI or foreign government CUI under DoD’s control to foreign governments through pertinent ICP MOU, FMS LOA, Data/Information Exchange Annex, or other existing government-to-government mechanism. If none exists, consult your FDO or DoD Component IPO for guidance on how to arrange for the foreign government recipient to provide such assurances in writing prior to CUI transfer.
PMOs should never transfer U.S. CMI or foreign government CMI under DoD’s control directly to foreign industry. CMI transfers to foreign industry must comply with the GSA procedures which require government-to-government involvement by the Designated Security Authorities (DSAs) of the U.S. and the foreign company’s government. In general, PMOs should not transfer U.S. CUI or foreign government CUI directly to foreign industry. Instead, PMOs should transfer the CUI to the company’s foreign government personnel responsible for managing ICP MOU or FMS LOA efforts, and ask them to re-transmit the CUI to the foreign company.
C. Industry-to-Industry Transfers
PMOs should rely upon U.S. industry to obtain required USG and foreign export authorizations (see the next paragraph for details) prior to any industry-to-industry transfers of U.S. CMI and CUI. PMOs should never act as an agent or intermediary for transfer of U.S. CMI or CUI from U.S. industry to foreign industry without specific authorization from their FDO/DoD Component IPO.
D. Export Control Fundamentals
As a general rule, program contractors should obtain export authorizations from:
- Department of State (DoS) – for defense articles, services, and technical information on the U.S. Munitions List controlled by the International Traffic in Arms Regulations (ITAR)
- Department of Commerce (DoC) – for dual-use items and technology on the Commerce Control List (CCL) controlled by the Export Administration Regulations (EAR)
In certain circumstances, program contractors may be able to use ITAR exemptions rather than obtain export approvals from DoS. Since this is a complex area, PMOs should consult their FDO/DoD Component IPO to obtain specific advice regarding use of ITAR exemptions in support of their program’s international acquisition activities. The EAR does not contain any provisions for exemptions and any required EAR export approvals must be obtained from DoC.
E. Export Control Considerations
In addition to PMO involvement in ITAR exemptions for program contractors, other PMO-related export control activities include:
- Working with program contractor(s) to contract for development and maintenance of a Technology Release Roadmap (TRR) (DAG S1.10.03) that helps synchronize separate but related USG/DoD TSFD efforts and contractor-requested USG export approvals in support of the program’s Integrated Master Plan (IMP) and International Business Plan (IBP)
- Facilitating DoS or DoC export approvals for key TRR export license requests through consultation and coordination with your FDO, DoD Component IPO, and the Defense Technology Security Administration (DTSA)
- Ensuring that PMO support contractors register with DoS as ITAR exporters to enable them to fully participate in ICP MOA/FMS LOA execution through DoS export license approvals or ITAR exemptions (Note: This is an action that is often overlooked by PMOs.)
F. International Security Arrangements
PMOs in consultation with their FDO/DoD Component IPO, local security organization(s), and their foreign security counterparts are responsible for establishing and implementing international security measures that are consistent with both national laws and security regulations/policies and the pertinent international arrangement (ICP MOU, FMS LOA, etc.). International security planning should be integrated with the program’s overall security arrangements as early as possible. Key activities include:
- Identifying the projected number of foreign visits to program facilities in the U.S. and (if applicable) U.S. visits to foreign facilities
- Identifying U.S. facilities that will be routinely visited by foreign personnel, and ensuring that the local security organizations at these facilities are prepared to accommodate foreign personnel visiting (or working onsite) for program purposes
- Planning and executing ICP MOU Cooperative Program Personnel (CPP) or FMS LOA Foreign Liaison Officer (FLO) assignments in or near program facilities in accordance with DoD Directive 5230.20 “Visits and Assignments of Foreign Nationals”, if applicable
- Establishing appropriate physical security and Information Technology (IT) access policies and procedures for CPPs, FLOs, and foreign visitors
- Providing applicable Delegation of Disclosure Authority Letter (DDL) guidance based on a need-to-know principle to U.S. personnel who will be working with foreign personnel at program facilities
- Developing and publishing PMO-level international security documentation including approval of an ICP MOU-required Program Security Instruction (PSI), if applicable prior to arrival of CPPs, FLOs, and foreign visitors at program facilities
Comprehensive and effective international security arrangements play an essential role in implementing USG/DoD program protection and TSFD and export control decisions. PMOs should work on a close and continuing basis with local FDOs and security organizations to provide day-to-day leadership and guidance to personnel across the entire spectrum of program activities to ensure that U.S. and foreign CMI and CUI is protected throughout the acquisition life-cycle.
G. Key Considerations
PMOs, the international manager, and supporting functional organizations should engage with the following key considerations as part of international security and export control activities:
Have PMO and functional organization personnel been trained in international security “basics” regarding the handling, transmitting, and safeguarding of U.S. CMI and CUI as well as any foreign government CMI/CUI in their possession?
Has the PMO worked with program contractor(s) to plan and synchronize USG/DoD TSFD activities with contractor export control approval efforts that support ICP MOU and/or FMS LOA execution?
Has the PMO, in consultation with local FDOs and local security organizations, taken the necessary actions to integrate International Security planning and implementation with the program’s overall security arrangements at the program facilities where DoD and foreign government/industry personnel will be working together or visiting?
Section 6 – Integration
A. Conceptual Framework
PMOs should consider using the DEI Conceptual Framework in Figure 3 to organize, plan, and implement the integration of all of the specific areas discussed in this JST from the program’s inception throughout the acquisition life-cycle. Effective PMO-level integration of program-level defense exportability efforts ensures that the PEO, DoD Component, OSD, Interagency, and Congressional levels are able to effectively review and if necessary, revise the program’s exportability concept to ensure overall defense, foreign policy, and national security-level considerations are adequately addressed. As shown in Figure 3 below, DEI activities at the PMO level are complex, cross-cutting, and continuous,
Figure 3: Defense Exportability Integration Conceptual Framework
PMOs should also consider using the Integration Planning Process depicted in Figure 4 to systematically assess each specific DEI area, develop harmonized DEI content in key planning documents (e.g., Acquisition Strategy, Program Protection Plan, etc.), evaluate proposed DEI-related revisions from higher levels, and maintain situation awareness regarding legal, policy, and programmatic changes that could affect the program’s overall DEI implementation. Similar to other complex, interdependent acquisition efforts, the PMO’s exportability integration efforts should attempt to rationalize and harmonize the activities of individual areas, guard against sub-optimized activities that detract from overall national security and foreign policy objectives, and create a composite DEI approach that supports the program’s desired international acquisition outcomes.
Figure 4: Defense Exportability Integration Planning Process
The program’s DEI approach should be incorporated in key program planning documentation beginning with the PMO’s initial IA&E Assessment, through the Acquisition Strategy’s international aspects and initial version Program Protection Plan, followed by detailed PMO-level planning (as applicable) in the specific functional areas as shown in Figure 5. PMOs should harmonize the DEI aspects of their various plans to ensure consistency, avoid gaps and seams at the conceptual and detailed levels, and establish an overall approach to exportability that helps achieve the program’s international acquisition goals and objectives.
Figure 5: Defense Exportability Integration Documentation
PMOs and contractors that have integrated their domestic and international DEI efforts taking into account the organizational relationships shown in Figure 6 have been able to successfully pursue a wide variety of international acquisition efforts that provide DoD and the USG with mid-to-long term economic, political/military, and warfighting benefits. On the other hand, PMOs and contractors that organize and manage their DEI activities in a “stove piped” fashion often encounter many “do overs” in program protection, TSFD, DEF design and development, and export control activities. These “do overs” can drive unnecessary DoD indirect costs, extra PMO contractor work, lost foreign investment, lost economic order quantity benefits from foreign purchases, and higher direct costs to foreign ICP MOU partners and/or FMS customers. In extreme cases, such DEI inefficiencies result in lost foreign partnership or sale opportunities that not only hurt DoD economically, but have adverse national security, foreign policy, and operational effectiveness impacts. Effective DEI is a “team sport” that relies upon key contributions from a wide variety of PMO and functional personnel and their contractor team counterparts to achieve optimal domestic and international acquisition outcomes.
Figure 6: Defense Exportability Integration Organization
E. Challenges and Solutions
DEI efforts at the PMO level can pose many challenges as shown in Figure 7. This is a fact of life that all programs with substantial international acquisition involvement have had to face sooner or later in the acquisition life-cycle. PMOs may feel that it’s unreasonable that they have to bear such a substantial part of the burden of DEI implementation when many of its aspects, especially the establishment and maturation of political/military relationships with foreign nations, formulation of TSFD policy guidance, and export control decision making lie outside of the DoD acquisition community’s span of control.
The middle column in Figure 7 highlights many of the typical shortcomings that PMOs encounter if they decide: 1) not to pursue an integrated DEI approach early in the program; or, 2) manage the program’s domestic and international DEI efforts in completely separate stovepipes. These challenges have been routinely observed over the years in DoD acquisition programs with substantial international involvement, especially affected by external forces such as USG political/military relationships, USG/DoD security cooperation objectives, Combatant Command operational requirements, and domestic and global industrial forces. On the bright side, PMOs that face these challenges early and organize their domestic and international DEI efforts to meet them using the best practice suggestions in Figure 7’s right hand column put themselves (and their successors) in a position to achieve USG/DoD desired political/military and operational results as well as program stability and economic benefits in future years.
Figure 7: Defense Exportability Integration Challenges and Solutions
F. Key Considerations
PMOs, the international manager, and supporting functional organizations should examine the following key considerations as part of the program’s integration activities:
Has the PMO adequately considered future defense exportability during the program’s MSA, TMRR, and EMD phases?
Has the PMO integrated and updated DEI considerations in the program’s Acquisition Strategy, Program Protection Plan, and other key program plans in a comprehensive and consistent way?
Have the PMO and its functional personnel analyzed the “three pillars” of program protection - Information, CPI, and TSN to determine what needs to be protected, both domestically and internationally?
Have the PMO and its functional personnel identified specific TSFD pipes applicable to the international program? Has the PMO developed an action plan to obtain required TSFD approvals?
Has the PMO made arrangements with program contractor(s) to conduct an initial DEF Feasibility Study?
Has the DEF Feasibility Study identified the optimal set of exportable configurations (number and capability) based on TSFD pipe guidance and program protection considerations? Have DC and AT aspects for each exportable configuration been determined?
Have the PMO and its SE/SSE functional personnel established a process to conduct exportability design and development cost versus benefit trade-off analyses for DC and AT alternatives?
Are PMO-level international security policies/procedures established? Are domestic and international security considerations fully integrated across all program facilities?
Have the PMO and program contractor(s) included a Technology Release Roadmap (TRR) in applicable contracts to plan and harmonize government and industry TSFD pipe approvals and export control authorization activities?
Have the PMO and its functional personnel integrated the program’s domestic and international program protection, TSFD, DEF, international security, and export control measures to ensure that Information, CPI, and TSNs are adequately protected in all international acquisition domains (ICP, FMS, DCS, BPC, and International Contracting)?
Have the PMO and its functional personnel been proactive in employing DEI best practices throughout the program’s life-cycle to achieve current and future USG/DoD political/military and operational objectives as well as program stability and economic benefits?
In addition to the DAU Glossary, which is a useful resource, the following list of key terms is provided to assist DEI JST users:
Anti-Tamper Executive Agent
Building Partner Capacity
Classified Military Information
Controlled Unclassified Information
Critical Program Information
Defense Acquisition Guidebook
Direct Commercial Sales
Delegation of Disclosure Letter
Defense Exportability Features
Defense Exportability Integration
Export Administration Regulations
Foreign Military Sales
International Business Plan
International Cooperative Program
International Traffic in Arms Regulations
Program (or Project) Management Office
Program Protection Plan
Project Security Instruction
Technology Assessment/Control Plan
Technology Release Roadmap
Trusted Systems & Networks
Technology Security & Foreign Disclosure
Technology Security & Foreign Disclosure Office
Note: If you have any questions on this JST or how to apply it, please send an email to InternationalHelp@dau.edu and ask for assistance.