The following instruction is part of a series of “limited release” DoD doctrine publications that are not released to the public.

Directive O-5240.02: Counterintelligence (CI)

• 21 pages
• For Official Use Only
• December 20, 2007; Incorporating Change 1, December 30, 2010

It is DoD policy that:

4.1. Defense CI activities shall be undertaken as part of an integrated DoD and national effort to detect, identify, assess, exploit, penetrate, degrade, and counter or neutralize intelligence collection efforts, other intelligence activities, sabotage, espionage, sedition, subversion, assassination, and terrorist activities directed against the Department of Defense, its personnel, information, materiel, facilities, and activities, or against U.S. national security.

4.2. The Defense CI programactivities shall proactively support the goals, strategies, imperatives, and areas of emphasis of the Secretary of Defense, the Director of National Intelligence (DNI), and the National Counterintelligence Executive (NCIX).

4.3. Defense CI activities shall be conducted according to applicable statutes, References (b) and (c), and DoD 5240.1-R (Reference (e)), and DoDD 5400.11 (Reference (f)). DoD CI activities conducted within the United States shall be coordinated and conducted according to the Memorandum of Agreement and its supplement between the Attorney General and the Secretary of Defense (References (gf) and (hg), respectively). DoD CI activities conducted outside the United States shall be coordinated according to Director of Central Intelligence Directive 5/1 and its supplement with the Central Intelligence Agency in accordance with Annex 3 to the Memorandum of Agreement Between the Central Intelligence Agency and the Department of Defense (References (ih) and (i), respectively) and any superseding applicable Intelligence Community Directives.

4.4. DoD CI support shall be integrated into the Defense Critical Infrastructure Program (DCIP), and all information operations and special access programs, according to DoD Directives 3020.40, O-3600.1, and 5205.07 (References (j), (k), and (l), respectively).

4.5. (FOUO) DoD CI shall maintain a presence in designated overseas locations through Force Protection Detachments (FPDs), to support the Combatant Commands by detecting and warning of threats to in-transit and assigned DoD personnel and resources. The FPDs shall receive Combatant Command requirements through the U.S. Defense Representative (USDR) Senior Defense Official/Defense Attaché and may be dual-hatted as the DoD CI coordinating authority for that country upon agreement among the Commander of the Combatant Command; the Director, DoD Counterintelligence Field Activity (DoD CIFA) Defense Counterintelligence and Human Intelligence Center (DCHC); and the affected country team. Each FPD should have a multi-Service CI team, with one Service exercising operational control serving as the lead.

4.6. Defense CI organizations shall support the Joint Intelligence Operations Centers according to the Chairman of the Joint Chiefs of Staff Message (Reference (m)).

4.7. Contractors supporting Defense CI activities shall not direct or control CI activities or otherwise engage in the performance of inherently governmental functions, according to DoD Directive 1100.4 (Reference (n)) and the procedures in DoD Instruction 1100.22 (Reference (o)).

4.8. Defense CI organizations shall inform the DoD Components of planned or ongoing CI activities taking place within a DoD Component’s assigned operational area or affecting a DoD Component’s assigned responsibilities, and shall deconflict those activities as required.

4.9. DoD Component CI organizations and assets shall remain under the command and control of their respective DoD Components, except when a Combatant Commander or a joint task force commander assumes requests and receives operational control of designated DoD Component CI elements.

4.10. All personnel conducting DoD CI activities shall attend formal CI training approved by the USD(I), the Military Secretaries of the Military Departments, or their designees.

4.11. DoD CI personnel may be assigned or detailed to assist and conduct CI activities in support of designated DoD Components, Federal task forces, or other Federal agencies, consistent with Reference (e), DoD Directives 5525.5 and DoD Instruction 1000.17 (References (p) and (q)), and applicable memorandums of understanding.

4.12. Defense CI organizations shall provide to the USD(I) and Director, DCHC, copies of current CI memorandums of agreement or understanding, or any other CI agreements between the Defense CI organization and a non-DoD organization, and shall coordinate new agreements with the USD(I) and Director, DCHC, before signature.

4.12.4.13. The DoD Components shall use USD(I)-approved CI information systems and architectures for DoD CI management and reporting.

4.13.4.14. The DoD Components shall classify CI activities according to the procedures in DoD Instruction C-5240.08 (Reference (r)).

4.14.4.15. The DoD Components shall not disclose planned, ongoing, or previous CI activities conducted by the Services or other supporting DoD Components without specific authorization from the DoD element conducting the CI activity.

4.14.1.4.15.1. Coordination with affected DoD Components shall be limited to essential personnel to preserve the security of planned and ongoing CI activities.

4.14.2.4.15.2. In all cases, the Heads of the DoD Components shall not inappropriately interfere with CI activities. Inappropriate interference includes, but is not limited to, unauthorized disclosure of information or actions that would compromise the existence of a CI investigation, a CI operation, or CI sources or and methods.

4.15.4.16. When the Heads of the DoD Components are unable to resolve CI issues among themselves, the USD(I) or his or her designee shall resolve them.

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