ACQUISITION OF FOREIGN AUTOMATIC DATA PROCESSING RESOURCES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83M00914R001800060014-6
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 6
• Document Creation Date: December 20, 2016
• Sequence Number: 14
• Content Type: REPORT

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19. ACQUISInIOY 0^ F3REI01'1 AUTOMATIC DATA PROCESSING (ALP) RCSQUSCES.
SYNOPSIS. This regulation sets forth policy, responsibilities and
prccedures governing the acquisition of foreign ADP resources.
a. A UTHORITf. This regulation is promulgated pursuant to the authority
contained in paragraph 102c(3)(d) of the National Security Act of 19117,
as amenlel, which provides that the "Director of 'Central Intelligence
shall be responsible for protecting intelligence source,; and methods
free unauthorized disclosure."
b. GE * R AL. The
growing presence of foreign ownership, contral and
inuluence in the development, production and marketing of high tech-
nology ADP resources poses a threat to the security of Agency
Automatic Data Processing activities. Dependence on a foreign source
cotl:l result in a denial of service or a molification which might result
in the unauthorized disclosure of intelligence Sources and Methods.
It is essential that controls on the acquisition of these products and
services be established in order to minimize or eliminate this threat.-
c. DE -INITIONS.
Z 1) ADP RESOURCE is defined as any electronic or electro- mechanical
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system, subsystem, associate:1 software, support or services used
t o t'L v J 1~ JO_i ' of 7r Oi~ _? ;in~ or storin-j in ter ta:. eon.
(2) FOR?IGN ADP RESOURCE includes:
(a) Any ADP system or subsystem developed, manufactured or assembled
on foreign soil or produced by an organization or entity that is
under foreign ownership, control or influence.
(b) Any support or service provided by a foreign national or a
firm under foreign ownership, control or influence.
(3) FORlIGN OWNERSHIP, CONTROL OR INFLUENCE is that which results
from direct or indirect beneficial ownership of five percent of
any firm, corporation or entity, foreign national representation
on a Board of Directors or the sncumbr3nce of an influential
Position in corporate management.
d. POLICY. Effective immediately; it is this Agency's policy NOT to procure
FO.RI:,N AUTO iATIC DATA PROCESSING RESOURCES except as provided
.for by. procedures established in this regulation. In furtherance of
this policy, all Agency procurement actions for ADP resources shall
contain the clause set forth in Appendix A.
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(1') Requests for th procurement of foreign ADP resources or the
F?xclu.:1'Jn of the ?0[G N .'D? resource clause from a pcocurnm nt
action must be approved by the Director of Logistics with the
the concurrence of the Director of Security or their designees.
The request will be prepared by the program cffice and forwarded
to the contracting officer with the procurement documentation.
(2) The re_-uest shall fully set forth the justification for an exception
and include, at a minimum, the following:
(a) the necessity to ac,tiire or utilize foreign ADP resources.
(b) A general statement of why U.S. firms cannot or should not
provide the ADP resources.
(c) A general statement of the security risks inherent in such a
procurement and the measures, if any, to be taken by the
program office to mini-mize the risks.
(d) A general statement on the 'IEXPESi hazard, if any. This
information may be obtained from the Communications Security
Division of the Office of Communications.
(3) The contracting officer will present the exception request to the
Agency Contract Review 3o.ard for their recommendations prior
seeking approval.
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EXC:;PT I:i43. xc~~ptions to the policy of not acquiring or utilizing
foreign ADD r.~s;ources gill only be warranted when technical, operational
or mission con,ifiecations neces.:;itate such' 3ctioa. In accordance with
this principle, requests for an exception will be considered when:
(1) )vecriding technical operational or administrative requirements
support such 3 procurement.
(2 ) The procurement of the syste. c does not pose an unacceptatle risk
(3) The system is composed primarily of U.S. assembled ADP systems
and subsystems, serviced and supported by U.S. Nationals and
any forei-jn content is limited to:
(a) A critical system or subsystem acluired from a foreign
manufacturer ti act as a non-dedicated stock item requiring no
direct support or service from the foreign manufacturer and
a U.S. owned s'ippor.t orjanization exists such that interaction
with a foreign manufacturer will not be required throughout the
life of the system.
(b) :'A non-critical system or subsystem of limited complexity.
(1+) The system is being purchased frog a foreign manufacturer in a
;ne nner_ such the attribution to t hp Cent Central Zr Celli genre Agency,
the ultimate user of the system, will he protected throughout the
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life of the system.
(5) The foreign ADP resource will be peg man=~ntly dedicated to unclassifi
or non-sensitive applications.
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