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ROUTINE

R 121935Z NOV 09
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ALNAV 072/09

MSGID/GENADMIN/SECNAV/NOV//

SUBJ/DEPARTMENT OF THE NAVY (DON) IMPLEMENTATION OF, AND COMPLIANCE 
WITH, THE U.S. INTERNATIONAL ATOMIC ENERGY AGENCY ADDITIONAL PROTOCOL//

RMKS/1.  THIS MESSAGE PROVIDES INTERIM IMPLEMENTATION POLICY AND 
GUIDANCE TO FLEET AND MARINE OPERATING FORCES AND SHORE ESTABLISHMENTS 
REGARDING PLANNING FOR IMPLEMENTATION OF, AND COMPLIANCE WITH, THE U.S. 
INTERNATIONAL ATOMIC ENERGY AGENCY (IAEA) ADDITIONAL PROTOCOL.

2.  BACKGROUND.  AN ADDITIONAL PROTOCOL CONTAINING PROVISIONS FOR 
ENHANCED ACCESS BY IAEA INSPECTORS HAS RECENTLY ENTERED INTO FORCE.  
INITIAL U.S. DECLARATIONS WERE MADE IN JULY 2009.
A.  ALL DOD INSTALLATIONS AND DEFENSE-FUNDED RESEARCH AND DEVELOPMENT, 
TECHNOLOGIES AND MATERIALS, MILITARY CAPABILITIES, EQUIPMENTS, AND 
OPERATIONS, INCLUDING INTELLIGENCE ACTIVITIES, ARE OF DIRECT NATIONAL 
SECURITY SIGNIFICANCE AND WILL NOT BE SUBJECT TO THE ADDITIONAL 
PROTOCOL.  AS SUCH, THE DOD WILL NOT MAKE ANY DECLARATIONS UNDER THE 
ADDITIONAL PROTOCOL.
B.  THE INITIAL U.S. DECLARATION INCLUDES DEPARTMENT OF COMMERCE (DOC), 
DEPARTMENT OF ENERGY (DOE), AND NUCLEAR REGULATORY COMMISSION (NRC) 
LICENSED FACILITIES, ACTIVITIES, AND PROGRAMS.  HOWEVER, DEPARTMENT OF 
THE NAVY (DON) EQUITIES MAY BE IMPACTED BY ADDITIONAL PROTOCOL 
INSPECTIONS DUE TO THEIR PROXIMITY OR ASSOCIATION WITH A DECLARED 
FACILITY, PROGRAM, OR ACTIVITY.
C.  THE DON WILL UTILIZE A CENTRALIZED MANAGEMENT APPROACH TO 
ADDITIONAL PROTOCOL IMPLEMENTATION PLANNING.  THIS INCLUDES TREATY 
TRAINING AND AWARENESS SEMINARS, TRAINING MATERIALS, AND IMPLEMENTATION 
AND COMPLIANCE PLANNING.
D.  CONSEQUENTLY, THE FOLLOWING ACTIONS WILL ENSURE THAT DON 
IMPLEMENTATION AND COMPLIANCE OBJECTIVES ARE MET:
(1) IDENTIFICATION OF AFFECTED DON EQUITIES AND ASSESSMENT OF POTENTIAL 
IMPACTS, VIA ANNUAL OR SPECIAL DATA CALLS, ON-SITE VISITS, AND ON-GOING 
LIAISON ACTIVITIES;
(2) EXECUTION OF EFFECTIVE OUTREACH/AWARENESS PROGRAMS;
(3) SUPPORT IN DEVELOPING AND IMPLEMENTING VULNERABILITY ASSESSMENTS;
(4) IDENTIFICATION OF DON ACTIVITIES THAT WILL REQUIRE NOTIFICATION OF 
ADDITIONAL PROTOCOL INSPECTIONS; AND
(5) DEVELOPMENT, MAINTENANCE, AND IMPLEMENTATION OF A DON NOTIFICATION 
PLAN.

3.  POLICY.  THE DON WILL COMPLY WITH THE U.S. IAEA ADDITIONAL PROTOCOL.  
THESE COMPLIANCE ACTIONS DO NOT ALLEVIATE OTHER COMMAND 
RESPONSIBILITIES TO COMPLY WITH NAVY AND MARINE CORPS SAFETY AND 
SECURITY REGULATIONS AND DIRECTIVES.
A.  THE IAEA WILL NOT BE GRANTED ACCESS TO ANY DON FACILITY, PROGRAM, 
OR ACTIVITY, AS THEY ARE CONSIDERED OF DIRECT NATIONAL SECURITY 
SIGNIFICANCE, NOR WILL THE IAEA BE GRANTED ACCESS TO PROGRAMS OR 
ACTIVITIES THAT THE DON SPONSORS, FUNDS OR ARE EXECUTED ON ITS BEHALF.
B.  INTERNATIONAL INSPECTORS AND THEIR U.S. GOVERNMENT ESCORTS DO NOT 
EXERCISE COMMAND AUTHORITY AT NAVY AND MARINE CORPS FACILITIES.
C.  PROGRAM MANAGERS ARE RESPONSIBLE FOR PROTECTING NATIONAL SECURITY 
AND SENSITIVE INFORMATION REGARDING THEIR PROGRAMS THROUGH EXISTING 
SECURITY PLANS, MANAGED ACCESS, OR OTHER APPROPRIATE MEANS.
D.  WHERE NECESSARY, MANAGED ACCESS SHALL BE EMPLOYED IN PROVIDING 
ACCESS TO IAEA INSPECTORS AND THEIR U.S. GOVERNMENT ESCORTS.
E.  ACCESS SHALL NOT BE GRANTED TO NATIONAL SECURITY INFORMATION, OR TO 
INFORMATION CONTROLLED AS RESTRICTED DATA OR FORMERLY RESTRICTED DATA 
UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED.
F.  ACCESS SHALL NOT BE GRANTED TO NAVAL NUCLEAR PROPULSION SPACES.  
ACCESS TO NUCLEAR PROPULSION SPACES IS CONSIDERED ACCESS TO CLASSIFIED 
INFORMATION BECAUSE OF THE UNIQUE DESIGN AND CONFIGURATION OF THE 
PROPULSION PLANT.  THE APPLICATION OF MANAGED ACCESS TOOLS SUCH AS 
SHROUDING OR COVERING OF NUCLEAR PROPULSION SPACES IS INADEQUATE TO 
SHIELD SENSITIVE AND CLASSIFIED INFORMATION FROM OBSERVATION, AND TO DO 
SO WOULD PRECLUDE ESSENTIAL MONITORING OF THE PROPULSION PLANT.

4.  DIRECTOR, STRATEGIC SYSTEMS PROGRAMS IS THE DON EXECUTIVE AGENT FOR 
ALL ARMS CONTROL IMPLEMENTATION AND COMPLIANCE MATTERS.  THE NAVAL 
TREATY IMPLEMENTATION PROGRAM (NTIP) EXECUTES THESE FUNCTIONS ON A 
DAILY BASIS.  PLEASE ADDRESS ANY QUESTIONS TO NTIP AT (703)601-9646, 
DSN:  329-9646, OR (888)867-5880; PLAD:  NAVARMSCONTROLCOORD WASHINGTON 
DC; E-MAIL: NTIP@SSP.NAVY.MIL.  PLEASE FIND ADDITIONAL INFORMATION ON 
THE U.S. IAEA ADDITIONAL PROTOCOL AT WWW.NTIP.NAVY.MIL/IAEA/INDEX.SHTML.

5.  RELEASED BY RAY MABUS, SECRETARY OF THE NAVY.//

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