DOE O 1240.2B Chg 1, Unclassified Visits and Assignments by Foreign Nationals
Functional areas: External Relationships
Superseded By:
DOE N 142.1, Unclassified Foreign Visits and Assignments on Jul 14, 1999
Version history and related documents
Superseded by
A newer version replaces this document.
- DOE N 142.1Unclassified Foreign Visits and Assignments (Jul 14, 1999)
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
U.S. Department of Energy ORDER
Washington, D.C.
D O E 1 2 4 0 . 2 B
8-21-92
Change 1: 9-3-92
SUBJECT: UNCLASSIFIED VISITS AND ASSIGNMENTS BY
FOREIGN NATIONALS
1.
2.
3.
4.
5.
6.
PURPOSE . To establish Department of Energy (DOE) authorities,
responsibilities, and policies and to prescribe administrative
procedures for visits and assignments by foreign nationals to DOE
facilities for purposes involving unclassified matter.
CANCELLATION . DOE 1240.2A, VISITS AND ASSIGNMENTS BY FOREIGN NATIONALS,
of 1-19-89.
SCOPE. The provisions of this Order apply to all Departmental Elements
and contractors and subcontractors performing work for the Department as
provided by law and/or contract and as contracting officers.
EXCLUSIONS. Excluded from the provisions of this Order are: a.
Universities and other institutions whose Department-related activities
generate solely information that responsible Program Secretarial
Officers have determined to be generally available in the public domain;
and b. International Atomic Energy Agency (IAEA) safeguards inspectors
on inspections or related activities authorized by that Agency implemen-
ting safeguards at facilities listed by the United States (U.S.) in
accordance with Attachment 1, paragraph 6.
REFERENCES. See Attachment 1.
DEFINITIONS
a. Assignment. Presence of an invited foreign national at a DOE
facility, or at a meeting or other interaction in the U.S.
sponsored by a DOE facility, for more than 30 calendar days.
Assignments are limited to 2 years duration, subject to extension
in accordance with paragraph 9i, below. Assignments are normally
for the purpose of participating in the work of the facility,
gaining experience, or contributing to projects. Assignees may
include employees, guests, or consultants. (See page 5,
subparagraph w, for definition of Visit.)
b. Designated Laboratory Director. Within the context of this Order,
is limited to the Directors of Ames Laboratory, Argonne National
Laboratory, Brookhaven National Laboratory, Environmental
Measurements Laboratory, Fermi National Accelerator Laboratory,
Vertical line denotes change.
DISTRIBUTION: INITIATED BY:
All Departmental Elements Assistant Secretary for Domestic
and International Energy Policy
2 DOE 1240.2B
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Idaho National Engineering Laboratory, Lawrence Berkeley
Laboratory, Lawrence Livermore National Laboratory, Los Alamos
National Laboratory, Morgantown Energy Technology Center, Mound
Facility, New Brunswick Laboratory, Oak Ridge National Laboratory,
Pacific Northwest Laboratory, Pittsburgh Energy Technology Center,
Princeton Plasma Physics Laboratory, Solar Energy Research
Institute, Stanford Linear Accelerator Center, and the President
of Sandia National Laboratories. These Laboratory Directors and
the Sandia President are eligible to be assigned authority to
approve visits and assignments in accordance with paragraph 8f(4),
below.
c. Exchange Visitor Program. A program sponsored by the United
States Information Agency (USIA). The program provides for joint
projects, research assignments, or specialized training at DOE
facilities by foreign nationals selected by officials of their
country, or by DOE to promote the general interest of
international exchange. (See Attachment 2.)
d. Export Controlled Information (ECI). Certain unclassified
Government information under DOE’s cognizance which, if generated
by the private sector, would require a specific license or
authorization for export under United States laws or regulations.
ECI includes nuclear, nuclear-related, and other types of
information the release of which could reasonably be expected to
adversely affect United States national security and
nonproliferation objectives.
Section 2
e . Foreign National. For the purposes of this Order, a foreign
national is any person who is not a U.S. national or is a
stateless person. An immigrant alien is considered a foreign
national for the purposes of this Order. Foreign nationals
sponsored for visits or assignments may include, among others:
(1) Officials or other persons employed by foreign governments
or other foreign institutions, who may or may not be
involved in cooperation under international agreements;
(2) Foreign students at U.S. institutions;
(3) Employees of DOE or other U.S. Government agencies or their
contractors, of universities, of companies (professional or
service staff), or of other institutions; and
(4) Prospective employees of DOE or DOE contractors.
f. High=Level or Protocol Visit. This connotes the visit of a
foreign national who is afforded special consideration for policy
reasons.
DOE 1240.2B
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g.
h.
i.
j.
k.
l.
3
Host . A DOE or DOE contractor employee who is sponsoring a
visitor or assignee under this Order. A visitor or assignee is
not permitted to be a host.
Immigrant Alien. A foreign national authorized by the Immigration
and Naturalization Service to reside and work in the U.S. for an
indefinite period and who is eligible to become, in time, a U.S.
citizen. Most immigrant aliens may also be referred to as
permanent resident aliens (PRAs).
Indices Check. A procedure whereby a request is made to
appropriate U.S. Government agencies to determine if information
exists on a particular foreign national.
International Agreement. An agreement between the United States
or an entity thereof, and a foreign country or an entity thereof,
or an international organization or an entity thereof, to
cooperate in an endeavor of common interest. Included are
agreements of specific types, such as umbrella agreements, project
agreements, implementing agreements, cooperative agreements,
protocols, memoranda of understanding, and contracts providing for
cooperative endeavors.
Personnel Assignment Aqreement. An agreement between
participating institutions involved in sending and receiving an
assignee. These agreements cover the detailed aspects of carrying
out an assignment, such as, programmatic purpose, references to
applicable program agreement, method of handling finances, essen-
tial rules, regulations, and training for personnel safety,
designation of and requirements for access to facilities used in
the assignment, etc. The receiving institution will normally be
that legal entity managing the involved DOE facility, whereas the
sending institution can be one of a variety of organizations
depending upon the arrangements made in the country representing
the sending side. Each Personnel Assignment Agreement shall
contain an Annex to be signed by the assignee certifying
acceptance of and compliance with the terms of the agreement.
Proprietary Information. Information which contains trade secrets
or commercial or financial information which is privileged or
confidential, and may only include such information which:
(1) Has been held in confidence by its owner;
(2) Is of a type which is customarily held in confidence by its
owner;
(3) Has not been transmitted by the transmitting party to other
entities (including the receiving party) except on the basis
that it be held in confidence; and
DOE 1240.2B
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(4) Is not otherwise available to the receiving party from
another source without restriction on its further
dissemination.
Section 3
m. Security Interest. Includes any of the following which require
special protection: classified matter; special nuclear material;
security shipments; secure communications centers; sensitive
compartmented information facilities; ADP processing centers or
other information systems which contain classified information; or
Departmental property.
n. Security Facility. A specific physically bounded area,
Individually certified by the cognizant security officer in
accordance with DOE 5632.1A, which has been approved by the
Department for generating, receiving, using, processing, storing,
reproducing, transmitting, destroying, or handling special nuclear
material or classified matter. Lists of such facilities are pro-
vided to Headquarters in accordance with paragraph 8f(16), below.
A security facility temporarily sanitized to protect a security
interest during a visit or assignment continues to be a security
facility for the purposes of this Order.
o. Security Plan. A plan developed and implemented to protect DOE
and DOE contractor personnel and facilities, and to prevent the
compromise of a DOE security interest or sensitive subject to a
foreign visitor or assignee; this is a critical element of the
visits and assignments system.
p. Sensitive Country. A country to which particular consideration is
given for policy reasons during the DOE internal review and
approval process of visits and assignments by foreign nationals.
Countries may appear on this list for reasons of national
security, nuclear nonproliferation, regional instability, or
terrorism support. The DOE list (Attachment 3) does not neces-
sarily reflect the policies or views of any other agency of the
U.S. Government. For purposes of this Order, a foreign national
is considered to be from a sensitive country if any of the
following is true:
(1) Citizen of a sensitive country;
(2) Place of employment in a sensitive country;
(3) Place of birth in a sensitive country unless the person is
now a U.S. citizen; or
(4) A stateless person.
4
DOE 1240.2B Chg 1 5
9-3-92
q. Sensitive Facility. A designated DOE facility listed in
Attachment 4 which contains one or more security facilities and/or
nonproliferation information or technology, or other sensitive
subjects.
r. Sensitive Subject. Unclassified subject/topic identified by DOE
(Attachment 5) which involves information, activities, and/or
technologies that are relevant to national security. Disclosure
of sensitive subjects has the potential for enhancing nuclear
weapons capability, leading to nuclear proliferation, divulging
militarily critical technologies, or revealing other advanced
technologies. Therefore, they require special management over-
sight, especially prior to release to foreign nationals. Some
sensitive subjects listed in Attachment 5 are already controlled
as Unclassified Controlled Nuclear Information or as Export
Controlled Information under U.S. laws and regulations.
s. Stateless Person. One who currently is without nationality, (1)
by the action of a state in withdrawing the protection of nation-
ality, (2) by his or her own action in effectively renouncing the
nationality previously held, or (3) because he or she has never
held nationality due to the circumstances of birth.
Section 4
t. Technology. Also referred to as technical data, technical skills
or know-how, or as scientific and technical information.
Technology is derived from basic or applied research, development,
engineering, technological demonstration, economic and social
research, or scientific inquiry into phenomena or technology
applications. It may exist as machinery or equipment; it may be
recorded, spoken, or represented in a medium for storage of
communication, and may be contained in computer software with
scientific and technical applications.
u. Unclassified Controlled Nuclear Information. Unclassified
information whose unauthorized dissemination is prohibited under
section 148 of the Atomic Energy Act as explained in DOE 5650.3A.
v. U.S. National. A citizen of the United States, or a person who,
although not a citizen of the United States, owes permanent
allegiance to the United States.
w. Visit. Presence of an invited foreign national at a DOE facility
or at a meeting or other interaction in the U.S. sponsored by a
DOE facility for 30 calendar days or less. Visits which total
over 30 calendar days in a period of 12 months are defined as
assignments. Visits are normally for the purpose of technical
discussions, orientation, observation of projects or equipment,
training, contract service work, or discussion of collaboration on
topics of mutual interest without participation in the work of the
facility, or for courtesy purposes. (See page 1, paragraph 6a,
for definition of Assignment. )
Vertical line denotes change.
6
7. POLICIES AND STANDARDS.
a. Overall Policy. The
collaboration is an
DOE 1240.2B
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use of international cooperation and
important element in the effective planning
and implementation of many of the Department’s programs. This
element is important in view of rapid scientific and technical
advances abroad and of the costs of conducting advanced research,
both in the U.S. and abroad, and in view of stringent budgetary
constraints in all countries conducting research. Accordingly,
DOE supports an active program of unclassified visits and
assignments by foreign nationals to DOE facilities for the benefit
of its programs. The exchange of information and personnel
through visits and assignments is essential to the achievement of
significant, mutual benefits from international cooperation.
Heads of Departmental Elements will ensure that these visits and
assignments are conducted under prescribed conditions in a manner
consistent with programmatic and security policies and interna-
tional obligations. The Head of a Headquarters Element with
responsibility for programmatic, security, or foreign policy
aspects of a particular visit or assignment may, for cause,
prevent its occurrence pending possible resolution of outstanding
issues with other responsible Heads of Headquarters Elements.
b. Programmatic Policy.
(1)
(2)
(3)
(4)
(5)
Visits and assignments are to be used to advance the
programmatic objectives of the Department in a manner
consistent with U.S. foreign policy, U.S. international
energy policy, and national security and nonproliferation
objectives.
Visits and assignments by foreign-supported and
U.S.-supported foreign national scientific and technical
personnel at research and development facilities are to be
used and structured to facilitate maximum benefit to the
U.S. from international cooperation in science and
technology matters.
Section 5
Awareness of information being developed abroad, obtained
through visits and assignments, is to be used to support
DOE’s mission to improve the competitive position of U.S.
industry in world trade.
Visits and assignments are to be structured in such a way to
ensure reciprocity in international technology transfers.
DOE and DOE contractor personnel and facilities, security
interests, sensitive subjects, and DOE technology of -
potential commercial value are not to be compromised as a
result of a foreign national’s visit or assignment.
I
DOE 1240.2B
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7
(6) Visits and assignments are to be consistent with active
relevant international agreements and related formal
understandings which represent a coherent program of
activities covering programmatic, security, and other
factors (e.g., trade interests and commercially sensitive
technologies) and which have been reviewed by appropriate
Departmental Elements.
(7) Information on foreign visits and assignments is to be
provided to meet the needs of the Department.
c. Security Policy.
(1) DOE and DOE contractor personnel are governed by
international obligations of the U.S., legislation,
Executive orders, Executive Department directives, and DOE
Orders concerning national security, the prevention of
proliferation of nuclear weapons and related technologies,
the protection of computer resources, and the release of
unclassified but sensitive subjects; requirements are
specified in relevant references listed in this Order. The
visits and assignments program must be consistent with these
requirements as well as with programmatic needs.
(2) Assuring the proper protection of security interests and
sensitive subjects in a manner consistent with essential
programmatic requirements is a combined responsibility of
security, program, and management personnel in DOE and DOE
contractor organizations.
(3) Certain DOE research, development, production and testing
programs, personnel, and facilities are likely to be
targeted for intelligence activity.. Therefore, for security
purposes, it must be considered that some foreign visitors
and assignees have intelligence missions. Accordingly,
Departmental and contractor personnel must always be alert
to the potential of intelligence activities when hosting
visits or assignments in these circumstances. The reporting
of hostile contacts as required by NSDD 197, and as
described in DOE 5631.1A, will be followed.
(4) DOE directives on classification and disclosure of
classified information will be strictly followed as will
policies and directives relating to other sensitive or
controlled information.
(5) Security plans, ranging from the application of standard
security plans as embodied in established security proce-
dures through “Specific Security Plans” tailored for
individual visits or assignments, are required for all
visits and assignments. Such plans shall be approved by the
DOE 1240.2B
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(6)
(7)
(8)
(9)
(10)
cognizant DOE security office and shall address physical and
technology security as well as intelligence concerns.
Appropriate consideration must be given to computer secur-
ity. To ensure the most effective and appropriate security
plans, each plan shall assume that visitors or assignees
pose an intelligence threat. Specific security plans are
described in Attachment 6. Requirements for security plans
are specified in paragraph 9g, below.
Section 6
Indices checks, when required, shall be initiated by
Headquarters or field elements as soon as a visit or
assignment is contemplated. (Since these checks are based
on personal identification data, specifics of the visit or
assignment are not required to initiate an indices check.)
Requirements for indices checks are specified in paragraph
9f, below.
Indices checks which do not divulge any derogatory
information, referred to as “clear indices checks,” are to
be interpreted to mean simply that there is no derogatory
information on file. An individual with a clear indices
check may, nevertheless, have motives detrimental to U.S.
interests and this should be considered in making
arrangements.
The duration of a visit or assignment is determined in
accordance with both programmatic needs and security
concerns; condition; and limitations are specified in
paragraphs 6a and 6w, above, and 9i, below.
A national of a sensitive country is not allowed access to a
security facility.
Exceptions to this security policy must be approved by the
Director of Security Affairs (SA-1).
d. Standards. Approval or disapproval of all unclassified visits and
assignments shall be based on application of the following factors
to the extent possible:
(1) Programmatic Factors.
(a) Value of expected contribution of technical skills or
information or both.
(b) Importance to program mission.
(c) Contribution to quid pro quo, e.g., mutuality of
benefits, reciprocity, competitiveness.
8
9DOE 1240.2B
8-21-92
(2)
(3)
(4)
(d) Existence and applicability of an agreement for
cooperation.
(e) When appropriate, concurrence by a work-for-others
sponsor.
(f) Collaboration experience of
Security Factors.
(a)
(b)
(c)
(d)
(e)
(f)
Sensitivity of the subject,
involved.
program activity.
facility, or country
Adequacy of security plan, e.g., protection of”
sensitive subjects and/or security interests.
Evidence of intelligence threat.
Duration and continuity of visit or assignment.
Site visit and collaboration history of
visitor/assignee.
Collaboration experience of program activity.
Other Factors.
(a) Foreign policy, including international obligations of
the U.S.
(b) Trade interests.
Overall Judgment.
(a) The approval authority shall consider the
programmatic, security, and other factors listed above
when deciding whether to approve or disapprove a visit
or assignment.
(b) In reaching a judgment, those proposed visits and
assignments which form part of a coherent program of
activities developed under an active international
agreement and reviewed on a Departmental basis
covering programmatic, security, and other factors,
shall be considered to be strongly supported by the
Department.
10
8. RESPONSIBILITIES AND AUTHORITIES.
a. Program Secretarial Officers (PSOS).
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
DOE 1240.2B
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Assure that the procedures prescribed herein are applied to
programs and activities under their control: as
appropriate, provide programmatic oversight through
coordinated on-site reviews of their programs, with the
Assistant Secretary for Domestic and International Energy
Policy (EP-1) and, for security issues, the Director of
Security Affairs (SA-1).
Determine whether and under what circumstances the use of
visits or assignments by foreign nationals to DOE facilities
is to be an element of program strategy, and issue
appropriate guidance to Heads of Field Elements and others.
Section 7
Assure close coordination among Headquarters staffs, the
staffs of field elements, and the staffs of EP, SA, AN, and
IN to assure that the visits and assignments program is
meeting programmatic objectives while complying with any
restrictions or limitations on access to facilities or
release of information.
Identify commercially sensitive technologies and promulgate
to Departmental Elements guidance concerning their
protection.
Promulgate programmatic guidance to field elements for
approval or disapproval of visits or assignments, including
any specific reporting requirements.
Provide timely advice to field elements in implementing such
guidance, including pertinent input from the other U.S.
Government agencies involved in coordinated interagency
programs related to the visit or assignment.
Designate specific facilities and programs under their
programmatic jurisdiction to which foreign access may be
granted only after consultation with Headquarters program
staff.
In coordination with the Office of International Research
and Development Policy (EP-70), the Office of Safeguards and
Security (SA-1O), and the Office of Export Control and
International Safeguards (AN-30), establish training
program(s) for DOE personnel both to assure their awareness
and develop their capabilities to meet the programmatic and
security objectives of the visits and assignments program.
DOE 1240.2B
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(9)
(lo)
(11)
(12)
(13,)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
Approve or disapprove, in accordance with paragraph 9,
below, visits and assignments to their Headquarters Elements
and to their activities not under the jurisdiction of a
field element, except for high-level or protocol visits to
Headquarters.
Request the Office of Counterintelligence (IN-20) to carry
out indices checks on foreign nationals proposed for visits
and assignments to Headquarters, as required. (See paragraph
9f, below. )
With SA-10, develop approved security plans when required
for visitors and assignees to Headquarters. (See paragraph
9g, below. )
Approve and defray extraordinary costs associated with
mitigation of security risks for particular visits or
assignments within their programmatic jurisdiction.
Provide guidelines for access by foreign nationals to work
being performed for non-DOE organizations at specific
facility areas under DOE program jurisdiction through the
visits and assignments system.
Promulgate guidelines for visits or assignments to the work
being conducted in program areas by foreign nationals not
sponsored by any foreign organization.
Assure that hostile contacts are reported as required by DOE
5631.1A.
Assure that appropriate host reports are submitted in
accordance with paragraph 9n, below.
Review and comment on the annual report described in
paragraph 8b(15), below, and submit information for its
preparation as requested by EP-70.
For contracts under their cognizance, ensure that
contractual coverage implementing this Order is included
when applicable.
Provide to EP-70 copies of all written guidance concerning
the visits and assignments system, other than that relevant
only to specific visits and assignments, promulgated to
field elements.
Provide to EP-70 in writing the name, title, and telephone
number of a single point of contact within their
Headquarters Element who will coordinate the actions related
11
12
to visits and
can provide a
request.
DOE 1240.2B
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assignments within the organization, and who
consolidated organizational position on each
Section 8
(21) For those facilities currently designated or proposed to be
designated as security facilities in which work on
nonsensitive subjects under their program’s jurisdiction is
carried out and where unclassified visits and assignments
would be programmatically appropriate, review and concur in
designations.
(22) Promulgate to Heads of Departmental Elements lists of
activities under their jurisdiction excluded under paragraph
4, above, and review periodically such exclusions to
determine whether exclusion is still appropriate.
b. Assistant Secretary for Domestic and International Energy Policy.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Develops and prescribes, in coordination with other Heads of
Departmental Elements, implementing policies, standards, and
procedures concerning visits and assignments and provides
for their overall administration and control.
Provides oversight through coordinated on-site reviews with
SA, AN, and IN and Program Secretarial Officers concerned.
Promulgates guidance to Headquarters and field elements with
respect to foreign policy matters relevant to approval or
disapproval of visits and assignments.
Provides timely advice to Headquarters and field elements on
implementation of guidance when required for specific visits
and assignments.
Develops, in conjunction with PSOS, training program
elements for the administration of the visits and
assignments program and the review of visits and assignments
from the perspectives of foreign policy and agreements
management, and ensures the coordination of the overall
Departmental training programs.
Serves as the central point of contact within DOE and with
the Department of State and other domestic, foreign, and
international organizations concerning the policies and
procedures prescribed by this Order.
Coordinates actions taken under the USIA Exchange Visitor
Program, including waivers of foreign residence
requirements.
DOE 1240.2B 13
8-21-92
(8) Maintains files of all written guidance concerning the
visits and assignments system, other than that relevant only
to specific visits and assignments, as promulgated by Heads
Headquarters Elements to field elements, and by field
elements to facilities and personnel under their
jurisdiction.
(9) Approves or disapproves in accordance with paragraph 9,
below, with the review and concurrence of SA and the
cognizant program office, high-level or protocol visits to
Headquarters, and visits or assignments not otherwise
covered.
(10) Reviews, in consultation with the cognizant program offices,
and concurs in high-level or protocol visits to field
activities.
(11) Develops, implements, and maintains a single automated
Departmental management information system for visits and
assignments by foreign nationals which will meet the needs
of all Departmental Elements and contractors affected by
this Order, and provides guidance for compliance with this
Order when system changes require procedural modification.
(12) In conjunction with PSOs, IN, AN, and SA, collects,
verifies, and analyzes visit and assignment data with
respect to costs and benefits, foreign policy significance,
reciprocity, and related issues; provides appropriate
analyses to interested offices.
(13) Develops and updates, as required, in coordination with SA,
IN, and AN, the list of sensitive countries applicable to
this Order.
Section 9
(14) Develops and updates, as required, a summary listing and
description of international agreements, identifying the
Headquarters program person responsible for operation of the
agreement, and distributes to appropriate Heads of
Departmental Elements.
(15) Utilizing information supplied from Heads of Departmental
Elements, prepares an annual report to the Office of the
Secretary on the operation of the visits and assignments
program.
(16) Informs appropriate foreign embassies and other foreign
organizations in Washington and American embassies and
missions abroad of procedures, and provides copies of Form
IA-473 for their use.
14 DOE 1240.2B
8-21-92
c. Director of Security Affairs (SA-1).
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(lo)
Develops and prescribes implementing policies, standards,
and procedures for the protection of DOE and DOE contractor
personnel, facilities, security interests, and sensitive
subjects applicable to the visits and assignments program.
Provides security oversight through coordinated on-site
reviews with EP and Program Secretarial Officers concerned;
such reviews are to be conducted annually or more often for
DOE Field Offices and biennially or more often for sensitive
facilities.
Promulgates guidance to Headquarters and field elements with
respect to technology and physical security matters, and to
identification of individuals who may pose security risks,
relevant to approval or disapproval of visits and
assignments.
Provides timely security advice to Headquarters and field
elements for specific visits and assignments as required.
Provides to EP-70 copies of all written guidance concerning
the visits and assignments system, other than that relevant
only to particular visits and assignments, promulgated to
field elements.
Ensures development of and approves all security plans for
Headquarters visitors and assignees. (See paragraph 9g,
below.)
Develops and updates periodically, in coordination with
cognizant PSOs and EP, the list of DOE sensitive facilities
covered by this Order and provides this list to EP-70 for
inclusion in this Order.
For those facilities currently designated or proposed to be
designated as security facilities in which work on
nonsensitive subjects is carried out and where unclassified
visits and assignments would be programmatically
appropriate, reviews and concurs in designations.
Coordinates, on behalf of DOE, with other U.S. Government
agencies on issues of national security and advises Heads of
Departmental Elements as appropriate.
Develops, in conjunction with appropriate PSOS, training
program elements for the review of visits and assignments
with respect to national security.
DOE 1240.2B
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15
d. Director of Intelligence (IN-1).
(1) Initiates indices checks, when appropriate, for Headquarters
visits and assignments. (See paragraph 9f, below. )
(2) Receives and evaluates the results of indices checks from
the appropriate U.S. Government agencies, and gives timely
notification to Heads of Departmental Elements of
significant information or other results, as appropriate.
(3) Maintains DOE-wide data base of indices check information.
(4) Coordinates, on behalf of DOE, with other U.S. Government
agencies on issues of intelligence and counterintelligence,
and advises Heads of Departmental Elements as appropriate.
e. Director of Arms Control and Nonproliferation (AN-1).
(1)
(2)
(3)
(4)
(5)
Section 10
Coordinates, on behalf of DOE, with other U.S. Government
agencies on issues of technology security, export controls
and nonproliferation, and advises Heads of Departmental
Elements as appropriate.
Develops, in conjunction with appropriate PSOs, training
program elements for the review of visits and assignments
involving export controls and other technology security and
nonproliferation aspects.
In conjunction with appropriate PSOs and other agencies,
develops and updates periodically the list of sensitive
subjects and provides to EP-70 for inclusion in this Order.
Develops and prescribes policies, standards, and procedures
for the protection of DOE interests technology security,
nonproliferation, and export controls.
Promulgates guidance to Headquarters and field elements with
respect to technology security and export controls.
f. Heads of Field Elements.
(1) Ensure the establishment of a visits and assignments program
and develop procedures for implementing this Order in
accordance with guidance provided by PSOs, EP-1, SA-1, and
AN-1.
(2) Approve or disapprove and manage visits and assignments by
foreign nationals to facilities under their jurisdiction in
accordance with this Order; this authority may be
redelegate in writing within their staffs.
16 DOE 1240.2B
8-21-92
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(lo)
(11)
For high-level or protocol visits, obtain EP concurrence.
May assign in writing the approval authority for visits and
assignments to designated laboratory directors subject to
the other restrictions set forth in paragraph 9h, below; to
ensure responsible assignment, provide timely advice on
policy guidance to those to whom such approval authority is
assigned. Copies of such assignments must be provided to
EP-70 and the Heads of other appropriate Headquarters
Elements. Approval authority at laboratories may not be
delegated below the level of associate laboratory director
or equivalent.
Ensure that appropriate information relevant to visits and
assignments is provided to relevant Headquarters offices in
a timely manner. Submission requirements for Form IA-473
are specified on the current version of this form designated
for use with the Visits and Assignments Management System
(VAMS).
Ensure that facilities under their juri
commercially sensitive technologies as
Headquarters program offices.
Ensure that timely guidance concerning
assignments policies, limitations. and
sdiction protect
specified by
visits and
restrictions, general
or specific, is appropriately developed and disseminated
among concerned facilities and personnel under their
jurisdiction, and provide copies of such guidance to EP-70
and the cognizant program offices, other than guidance
relative to particular visits and assignments.
Establish training programs for appropriate personnel of
facilities under their jurisdiction to ensure their
awareness of and to meet the programmatic and security
objectives of the visits and assignments program.
When required, initiate indices checks on proposed visitors
or assignees. (See paragraph 9f, below. )
Consult relevant Headquarters offices for guidance
concerning foreign policy, programmatic, and security
aspects of visits or assignments.
Ensure the development of and review, approve, and oversee
execution of appropriate security plans for the control of
foreign nationals proposed for visits or assignments. (See
paragraph 9g, below. )
DOE 1240.2B
8-21-92
17
(12)
(13)
(14)
(15)
(16)
(17)
(18)
Section 11
(19)
(20)
Prior to the commencement of a visit or assignment requiring
a Specific Security Plan, ensure that an information copy of
such plan has been received by SA-1.
Ensure that hostile contacts are reported as required by DOE
5631.1A.
Ensure that required host reports are submitted. (See
paragraph 9p, below. )
For those facilities currently designated or proposed to be
designated as security facilities in which work on
nonsensitive subjects is carried out and where unclassified
visits and assignments would be programmatically
appropriate, request review and concurrence by SA and the
cognizant Program Secretarial Officer.
For facilities under their cognizance, compile a descriptive
listing of security facilities where unclassified visits or
assignments can occur and provide such list annually on
April 1 to EP-70, SA-10, and the cognizant program offices.
For contracts under their cognizance, ensure that
contractual coverage implementing this Order is included
when applicable.
Provide to EP-70 in writing, the name, title, and telephone
number of a single point of contact within their organiza-
tion who will coordinate the actions related to visits and
assignments within the organization, and who can provide a
consolidated organizational position on each request.
Conduct annual on-site reviews of sensitive facilities and
periodic on-site reviews of nonsensitive facilities to
ensure that the requirements of this Order are bring fully
implemented.
To ensure effective operation of this Order, advise EP-1,—
SA-1, and appropriate PSOs when strict compliance with the
stated procedures in this Order appears inconsistent with
its stated policies and standards.
9. PROCEDURES AND REQUIREMENTS.
a. Origination and Processing. Requests for unclassified foreign
national visits and assignments originate in various ways: with
field elements or DOE contractors; with Headquarters offices, or
with foreign entities. All assignments require the use of
DOE F IA-473, as do certain visits, as specified in paragraph 9b,
below. (See foreign nationals proposed for visits or assign-
ments.) For a visit not requiring use of DOE F IA-473 to an
18 DOE 1240.2B
8-21-92
access-controll
record kept to
nationality of
ed facility, the visit shall be documented and a
show the name, date of birth, place of birth, and
the visitor, the date(s) of the visit, the host(s),
and the purpose.
(1)
(2)
(3)
Requests Initiated by Field Elements or Contractors. Such
requests are to be coordinated in the field and, if
required, coordinated with the appropriate program office as
far in advance as feasible. If required, approval is to be
requested on DOE F IA-473. If the request is approved,
field and contractor organizations will complete arrange-
ments; if disapproved, they will so inform the foreign
national involved.
Requests Initiated by Headquarters Offices. Headquarters
offices are to coordinate arrangements with the requester
and any field activities, utilizing DOE F IA-473 when
required. For high-level or protocol visits, EP approval is
required if the visit is to Headquarters, EP concurrence if
to field activities. For Headquarters visits when
DOE F IA-473 is not required, the requesting office shall
notify EP as far in advance of the visit as feasible, giving
the information specified in paragraph 9a, above.
Requests Received by EP from Outside DOE and DOE
Contractors. EP will forward requests to appropriate
Headquarters offices or field elements for appropriate
action.
Section 12
b. Requirements for Use of DOE Form IA-473. All assignments reqire
use of IA-473. The following visits require use of IA-473:
(1) To a security facility.
(2) Where a sensitive subject is involved.
(3) By a national of a sensitive country, except for l-day fully
escorted visits to the Forrestal Building.
(4) High-level or protocol visit to field activities.
c. Time Requirements for Submissions. DOE F IA-473, when required,
is to be submitted to the appropriate approval authority not less
than 6 weeks prior to the start of a proposed visit or 8 weeks
prior to an assignment, if an indices check is required; otherwise
it is to be submitted at least 3 weeks in advance. The approving
authority will notify the sponsoring organizations at least 2
weeks prior to the visit or assignment of approval or disapproval.
For local approvals, when indices checks are not required, local
approving authorities may establish shorter times for advance
submissions as appropriate to their individual locations. Indices
DOE 1240.2B Chg 1
9-3-92
checks, when required, are to be requested as soon as the visit or
assignment is contemplated. To permit advice to the approval
authority on a timely basis, Headquarters offices will be notified
promptly by rapid means of any anticipated visit or assignment
where their advice is appropriate, as in cases of a high-level
visit, access by a sensitive country national to a sensitive
facility, access to a security facility, or a sensitive subject.
d. Subject Matter. All visits and assignments under this Order will
involve only unclassified matter; visits involving classified
information are governed by DOE 5631.4. Documents and informa-
tion provided to visitors or assignees will be limited to
information available in the open, published literature, unless in
accordance with a specific international agreement or unless the
subject material falls under the definition of fundamental basic
research. Exceptions involving the release of sensitive subjects
or of unpublished, proprietary, or otherwise sensitive or
controlled information must be approved by appropriate authority.
e. Disappoval. A requested visit or assignment may be disapproved
by the approving authority if, in the view of program officials
concerned, (1) the subject matter is not appropriate to the
facility requested; (2) necessary personnel are not available at
the time requested; (3) the visit or assignment will result in
unacceptable interference with work at the facility; (4) unwar-
ranted expenses will result; or (5) the benefits are not equi-
tably balanced. If during the review of a visit or assignment
request a disapproval is anticipated, the approval authority
should consider proposing a revision of the request to achieve
conditions under which approval would be possible. A visit or
assignment will be disapproved if, in the opinion of the approval
authority, or in specific cases SA-1, it is not practicable to
implement adequate security procedures. EP may recommend
disapproval of a visit or assignment on foreign policy grounds.
Reasons for disapproval of visits or assignments will be made a
matter of record, and EP should be informed if significant foreign
policy issues may be involved. Reasons for disapproval of visits
or assignments which require DOE F IA-473 shall be provided to EP
in writing in a timely manner, as shall notification that request
for a visit or assignment requiring a IA-473 has been withdrawn.
The hosts must be notified promptly of a disapproval and the
reasons for it. A disapproval acts to deny all of the interac-
tions by facility personnel described in the request, whether on
government property or elsewhere, while an approval may specify
limitations on the interactions. In the absence of a specific
approval, a disapproval must be assumed.
Section 13
I
f. Indices Checks. IN or the official authorized to approve the
visit will determine whether indices checks are required and will
Vertical line denotes change.
19
20 Chg 1DOE 1240.2B
9-3-92
notify the requesting activity if indices checks are to be
conducted. As indicated below, indices checks must be proposed
through VAMS to IN for certain categories of visits. Complete
names, nationalities, and dates and places of birth must be
provided; accuracy is critical. Indices checks are required for
all assignments for sensitive country nationals. Indices checks
may be required by the approving official. Upon determination
that an indices check is not required, or upon the completion of
an indices check, IN will provide its clearance through VAMS for
the proposed visit or assignment. For data base or research
purposes, IN may conduct indices checks which are not related to
approval or to the timing of the visit or assignment.
(1)
(2)
(3)
(4)
(5)
(6)
Indices checks are not required for non-sensitive country
nationals.
Indices checks are not routinely required for visits, but
must be proposed, and may be initiated by IN, for sensitive
country nationals coming for periods of 30 calendar days or
less for any of the following:
(a) Visit to any security facility.
(b) Visit dealing with a sensitive subject.
(c) Visit to a sensitive facility.
Presence of a sensitive country national for more than a
total of 30 calendar days in a period of 12 months is an
assignment and requires a completed indices check before its
commencement. Extension of a visit to more than 30 days
similarly requires an indices check. No waivers of this
requirement are permitted.
Completion of indices checks may be required by the
approving official or IN prior to the start of any visit or
assignment at their discretion. Concurring officials who
believe an indices check is warranted should address such
requests to the approving official or IN.
Once indices checks related to approval are begun, they must
be completed before the visit or assignment commences.
Approval authorities, in scheduling the approval/disapproval
decision process, should allow at least 3 weeks from time of
initiation for completion of indices checks.
Vertical line denotes change.
DOE 1240.2B Chg 1 21
9-3-92
(7) Results of indices checks will be maintained by IN in a
DOE-wide data base. Indices checks less than 2 years old
will be considered current.
g. Security Plans. The main defense for vital information is the
limitation of its exposure, and a security plan is the basic means
to accomplish that. When a specific or generic security plan is
to be used, it shall be approved by the appropriate DOE Field
Office before the visit occurs. A generic plan may be appropriate
in many cases. Such circumstances may be continuing programs,
e.g. training courses operated by DOE, non-sensitive foreign
nationals visiting non-sensitive facilities or sensitive
facilities, and sensitive foreign nationals visiting non-sensitive
facilities. Specific security plans are required for visits and
assignments: (1) to any security facility; (2) dealing with
sensitive subjects; and (3) by a foreign national of a sensitive
country to a sensitive facility. To ensure that security plans
are adequately implemented, persons assigned as escorts to
visitors, or who receive visitors, shall be briefed on all aspects
of the security plan for their particular visitors prior to the
visit. When a visit or assignment by a sensitive country national
occurs at a facility located adjacent or near a security or
sensitive facility, the local Operations Security Committee will
review the visit or assignment to assure that operational security
concerns are met.
Section 14
h. Assignment of Approval Authority.
(1) Approval authority may not be assigned by the Head of a
Field Element to a designated laboratory director for any
visit or assignment involving:
(a) Access to a security facility.
(b) A sensitive subject.
(c) A national of a sensitive country to a sensitive
facility.
(d) High-level or protocol visits to field activities.
(2) Assignment of approval authority for other visits and
assignments may be made as specified in paragraph 8d(4),
above.
i. Duration of Visit or Assignment. Duration is determined by the
approval authority based on both programmatic needs and security
concerns. The period for an assignment of a national of a
sensitive country is determined on a case-by-case basis by the
Vertical line denotes change.
22 DOE 1240.2B Chg 1
9-3-92
approving authority. Extension of assignments beyond a total
period of 4 years must be approved by EP. EP will be notified by
the field element when any assignee becomes a permanent employee
of the facility.
j. Personnel Assignment Agreements. A Personnel Assignment Agreement
shall be negotiated for each assignee by the receiving DOE insti-
tution with the assignee’s sending institution. Alternatively,
its terms may be reflected in the contract referred to in para-
graph 9n(2), below. Acceptance of assignees before active negoti-
ations are completed is within the discretion of the Head of the
Field Element ’affected. Acceptance of assignees in the absence of
a completed or nearly completed agreement requires the assignee’s
acceptance of: (1) appropriate waivers of intellectual property
rights; (2) essential safety rules, requirements and training;
and (3) other requirements determined by the receiving
institution.
k. Visits to Multiple Sites. When visits include facilities
involving two or more DOE Field Offices, or Headquarters and one
or more DOE Field Offices, the facility whose staff is principally
involved with the planning of the visits will preferably be the
facility responsible for overall coordination, or alternatively
the first office visited will be responsible. EP will coordinate
arrangements for high-level or protocol visits. When, for the
same foreign national, both an assignment and a visit is involved,
the DOE Field Office responsible for the assignment will
coordinate.
l. Repetitive Visits of Groups to the Same Facility. Training
courses or particular demonstrations may result in a series of
essentially very similar visits or assignments, differing only in
the identities of the visitors. When such repetitive events
involve exceptions to the prohibition of access to security
facilities by sensitive country nationals, the requesting activity
may request SA-1 to approve a standing exception, based on a
standing specific security plan, applicable to two or more visits,
subject to entry into VAMS prior to the visit of names, national-
ities, and dates and places of birth of the foreign participants,
and when required, completion of an indices check. Once the
standing exception is approved, the DOE Field Office Manager will
submit supporting documentation to the cognizant PSO for concur-
rence in subsequent visits under the exception. Any variations
from the preapproved description require a specific approval in
each case.
m. Initiation of Requests for Exceptions by Headquarters Offices.
Requests for exceptions to authorize sensitive country nationals
access to security facilities are normally initiated by DOE Field
Offices. The cognizant PSO at Headquarters may, with the concur-
Section 15
Vertical line denotes change.
DOE 1240.26 Chg 1 23
9-3-92
rence of the responsible DOE Field Office Manager, initiate the
request. If the exception request is approved by SA-1, final
responsibility for the visit or assignment remains with the DOE
Field Office Manager.
I n. Cost Reimbursement.
(1) Visits. As a general rule, visitors do not receive
compensation DOE for travel and subsistence costs. “Sending
side pays” is the preferred policy; this can be waived by
the funding authority if the visit is of particular benefit
to DOE and the situation warrants.
(2) Assignments. Contracts involving the use of foreign
nationals as temporary employees, guests, or consultants,
and for which the costs may be reimbursable to a contractor
shall be reimbursed only to the extent allowable under the
terms and conditions of the governing contract.
I o. Funding Arrangements for Exchange Activities Under International
Agreements and Related Formal Understandings.
(1) The basic principle guiding funding arrangements is that of
“benefitting-side-pays.” Where the U.S. Government agency’s
programs are the primary beneficiary from a cooperative
activity, the U.S. agency can use appropriated funds, sub-
ject to the availability of legal authority and funds. In
cases of mutually beneficial activities, costs should be
shared, preferably with each side paying its own costs.
Exchanges of delegations in programs which are mutually
beneficial should be funded on a ‘sending-side-pays” basis,
under which the guests pay both their airfare and in-country
costs. When “sending-side-pays” is not feasible and the
value to DOE warrants, funding can be on a "receiving-side-
pays” basis when agencies have the necessary funds and legal
authority; this has come to mean that guests pay their own
airfare but the host pays in-country costs. Where only one
side benefits from a project activity, that side is normally
responsible for meeting all costs; for policy reasons
certain agreements may specify otherwise.
(2) Costs for exchanges of delegations in programs where there
is no technical or foreign policy benefit to the U.S. must
be met by the foreign government or international organiza-
tion; thus, training programs are generally not financed by
the U.S. Government.
Vertical line denotes change.
24 DOE 1240.2B Chg 1
9-3-92
I
(3) Furthermore, in order to facilitate the increasing use of
assignees in a mutually beneficial and effective manner,
PSOs and Heads of Field Elements involved in negotiating and
implementing these international agreements may use
flexibility in dealing with the provision of assignee
housing, local transportation, and other associated costs
when provided on a reciprocal basis with the other party to
the agreement.
Section 16
p. Host Report Requirements. To enable the approving official to
evaluate the effectiveness of visits and assignments, and to
assist in determining the desirability of future such visits and
assignments, host reports are required for those visits and
assignments for which approval authority has not been assigned to
a designated laboratory director. The host report will be submit-
ted to the Head of the Field Element involved with copies to the
appropriate Program Secretarial Officer, EP-70, IN-20, and AN-30.
For visits or assignments to Headquarters, host reports are
required if a security facility, a sensitive subject, or a sensi-
tive country national is involved, except that l-day escorted
visits by sensitive country nationals to the Forrestal Building do
not require host reports unless the visits are otherwise sensi-
tive. Reports are discretionary with the responsible PSO in other
cases. Copies of such reports will be provided to EP, IN, AN, SA,
and to other appropriate Headquarters Elements. Host reports will
be submitted no later than 15 days after the completion of the
visit or assignment, and should contain a concise statement of the
pertinent contribution that each visitor or assignee made to the
specific or overall programmatic mission of the host facility.
Each report is to contain a certification by the host that to the
best of his/her knowledge, no classified or unauthorized sensitive
subject has been disclosed to the visitor or assignee. Addition-
ally, the host is encouraged to make any relevant observations
that will assist Headquarters and field elements in assessing the
value of this and possible future visits and assignments and any
security issues raised. (Attempts to obtain unauthorized
information by the visitor or assignee should be immediately
reported under DOE 5631.1A.)
I q . Equipment Maintenance Person. Emergency repair of critical
equipment may on occasion require timely access by a foreign
national to a DOE facility. Those individuals potentially
requiring such access shall normally be prescreened as
intermittent assignees before their initial access is necessary.
Vertical line denotes change.
DOE 1240.2B Chg 1 25 (and 26)
9-3-92
r. Point of Contact. The central point of contact within DOE for the
implementation of these procedures is Visits and Assignments
Program, Office of International Research/Development Policy
(EP-70), Office of Domestic and International Energy Policy,
Department of Energy, Washington, DC, 20585. The telephone number
is 202-586-9211.
BY ORDER OF THE SECRETARY OF ENERGY:
DOLORES L. ROZZI
Director of Administration
and Human Resource Management
Vertical line denotes change.
DOE 1240.2B
8-21-92
Attachment 1
Page 1
1.
2.
3.
4.
5.
6.
7.
8.
REFERENCES
Atomic Energy Act of 1954, as amended Title 42, United States Code
(U.S.C. ), 2011 et seq.: a. Section 3 provides for a program of
international cooperation to promote dissemination of the benefits of
the peaceful applications of atomic energy; b. Section 148 et seq.
relates to the dissemination of unclassified information; c. Section
57b(2) as implemented by Title 10, Code of Federal Regulations (CFR),
810, Unclassified Activities in Foreign Atomic Energy Programs, which
indicate activities related directly or indirectly to the production of
special nuclear material for which specific authorization by the
Secretary is required; and d. Sections 127 and 128 which describe the
criteria governing U.S. export of sensitive nuclear technology.
Section 17
Export Administration Act of 1979, as amended by the Export
Administration Acts of 1981 and 1985, and as implemented by the Export
Administration Regulations (EAR), 15 CFR 368-399, which establishes
export controls on specific commodities and materials and their
technical data.
Arms Export Control Act (section 38, 22 U.S. C. 2778) as implemented by
the International Traffic in Arms Regulations (ITAR), 22 CFR 120-130,
establishes export controls on munitions and related technologies and
their technical data.
Secrecy of Certain Inventions and Filing Applications in Foreign
Country, 35 U.S.C. 181-188, which establishes protection for inventions
when filing foreign patent applications.
Mutual Educational and Cultural Exchange Act of 1961, as amended (Public
Law 87-256), as implemented by Regulations Governing Designated
Exchange-Visitor Programs, 22 CFR 514, which outlines participation,
sponsor obligations, visa rules, waiver procedures, and other matters.
Agreement between the United States of America and the International
Atomic Energy Agency for the Application of Safeguards in the United
States of America, signed 11-18-77; entered into force 12-9-80.
(T. I.A.S. 9889).
Executive Order 12333, “United States Intelligence Activities,” of
12-4-81, which establishes goals, directions, duties, and responsibil-
ities with respect to the national intelligence effort. Available from
IN-40.
Executive Order 12356, ‘National Security Information,” of 4-2-82,
47 Federal Register, 4-6-82, which establishes controls on access to
National Security Information.
Attachment 1
Page 2
DOE 1240.2B
8-21-92
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
National Security Decision Directive 189, ‘National Policy on the
Transfer of Scientific, Technical and Engineering Information,” of
9-21-85 which establishes U.S. policy on the release of scientific and
technical information. Available from AN-30.
National Security Decision Directive 197, “Reporting Hostile Contacts,”
of 11-85, which establishes national policy for reporting hostile
contacts and maintaining security awareness programs. Available from
SA-10.
National Security Decision Directive 298, “Operations Security, ” which
establishes national policy for protection of critical and sensitive
subject information. Available from SA-10.
DOE 1360.2B, UNCLASSIFIED COMPUTER SECURITY PROGRAM, of 5-18-92, which
establishes requirements for protecting unclassified computer systems
and sensitive unclassified automated information.
DOE 1500.3, FOREIGN TRAVEL AUTHORIZATION, of 11-10-86, establishing
policy and procedures for official and unofficial foreign travel.
Directives in 4300 Series, “Real Property Management,” which establish
policy, responsibilities, and general administrative procedures relating
to approval of use of its facilities for others.
Directives in 5631 Series, “Personnel Security,” which describe DOE
standards and procedures for controlling visitors to DOE and DOE
contractor, subcontractor, and access controlled permittee facilities.
Directives in 5632 Series “Physical Protection," which establish DOE
policies, objectives, responsibilities, and authorities for protection
of DOE and DOE contractor personnel, facilities, and security interests
and establish minimum physical protection requirements and standards for
such interests.
DOE 5635.1A, CONTROL OF CLASSIFIED DOCUMENTS AND INFORMATION, of
2-12-88, which provides guidance relative to the safeguarding and
control of classified documents and information.
Section 18
DOE 5635.4, PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION,
of 2-3-88, which establishes DOE policy and procedures for the
protection of Unclassified Controlled Nuclear Information.
DOE 5650.3A, IDENTIFICATION OF UNCLASSIFIED CONTROLLED NUCLEAR
INFORMATION, of 6-8-92, which establishes DOE policy and procedures for
identifying nuclear information which is not classified but which is
restricted by U.S. laws and regulations from public dissemination.
DOE 1240.2B
8-21-92
20.
21.
22.
23.
24.
Attachment 1
Page 3 (and 4)
DOE 5637.1, CLASSIFIED COMPUTER SECURITY PROGRAM, of 1-29-88, which
establishes Departmental requirements for ensuring security of
classified information.
‘U.S. Technology Policy,” of 9-26-90, Executive Office of the President,
Office of Science and Technology Policy.
DOE/ER-0305, “Capsule Review of DOE Research and Development and Field
Facilities,” of 11-86, which describes DOE scientific, engineering,
technology and production facilities.
“Militarily Critical Technologies List,n Office of the Under Secretary
of Defense, Acquisition, of 10-86, which identifies classified and
unclassified technologies determined to be militarily critical to
national security. Available from AN-30.
Nuclear Technology Reference Book, IT-87-331 of 9-87, which identifies
sensitive aspects of nuclear technologies. Available from AN-30.
DOE 1240.2B
8-21-92
Attachment 2
Page 1
EXCHANGE VISITOR PROGRAM
1. Background. This program, by means of which many foreign nationals
visit DOE facilities, is designed to further the objectives of the
Fulbright-Hays Act (Public Law 87-256) by promoting the exchange of
persons and the interchange of knowledge and skills in the field of
education, the arts, and sciences. It is fully described in Attachment
1, paragraph 5. Participation in this program requires that a facility
be designated by the United States Information Agency. The Department
of Energy’s program carries the designation “G-5-267” and is officially
described as follows:
“A program of the Department which provides for joint
projects, research assignments, or specialized training in
nuclear or non-nuclear energy at the Department’s laboratory
by foreign nationals selected by officials of their country
or by the U.S. Department of Energy, to promote the general
interests of international exchange.”
2. Issuance of Form IAP-66. A foreign national may enter the United States
under any one of several types of visas. The J-1 visa, however, is
specifically designed for the exchange visitor program. In order to
obtain the J-1 visa, the foreign national must be issued a Form IAP-66,
“Certificate of Eligibility for Exchange Visitor (J-1) Status,” by the
Responsible Officer or an Alternate Responsible Officer registered with
the U.S. Information Agency for the particular program in question. The
responsible office for DOE’s program is the Office of Domestic and
International Energy Policy. Alternate Responsible Officers have been
designated at DOE Field Offices, and at certain DOE laboratories; only a
designated Responsible Officer or designated Alternate Responsible
Officer is authorized to issue Form IAP-66. The foreign national
presents the IAP-66 to a consular officer at the American embassy or
consulate in his or her own country when applying for his or her visa.
The IAP-66 does not assure the granting of the visa, but does indicate
that a DOE facility is willing to accept him or her for a limited period
for a specified assignment.
Section 19
3. Waiver of Foreign Residence Requirement.
a. Upon completion of his or her assignment, the foreign national
must return to his or her home country. The U.S. Attorney General
may waive this requirement for a foreign national whose admission
to the U.S. is found to be in the public interest. The granting
of a waiver makes the foreign national eligible for “H” or “L”
visa which may lead to permanent U.S. residency. To be considered
by the Attorney General, a waiver request must have the prior
favorable recommendation by the United States Information Agency.
Attachment 2 DOE 1240.2B
Page 2 8-21-92
A formal waiver request by letter may be made by an interested
U.S. Government agency, in the public interest, based on the
foreign national’s contribution to an activity of official
government interest.
b. In submitting a waiver request to the United States Information
Agency, the Department of Energy must include:
(1) The importance of the DOE program or activity involved;
(2) The essential contribution of the individual to the program;
(3) The critical qualifications of the individual;
(4) That failure to grant the waiver will be detrimental to a
program of official interest to DOE; and
(5) That an American citizen of comparable ability and training
is not available to accept the position offered to the
subject of the waiver request.
c. The Exchange Visitor Program regulations regarding waivers of the
2-year home residency requirement are found in Attachment 1,
paragraph 5. Laboratory Directors or DOE Field Office Managers
requesting a waiver shall submit the request, together with the
necessary data, to the Headquarters office with programmatic
responsibility for review/approval. In general, the office of the
Program Secretarial Officer initiates the waiver request. The
request is then forwarded to the Office of Security Affairs and
the Office of the General Counsel for concurrences. The Office of
Domestic and International Energy Policy is responsible for final
clearance for the Department of Energy and for transmittal to the
United States Information Agency.
d. Careful evaluation of each request and related information should
be made to guard against abuses of the Exchange Visitor Program.