Using NIMA Limited Distribution Data & Products Many of NIMA’s data and products are Unclassified Limited Distribution (LIMDIS). These materials are used.

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Presentation transcript:

Using NIMA Limited Distribution Data & Products Many of NIMA’s data and products are Unclassified Limited Distribution (LIMDIS). These materials are used by the Department of Defense (DoD) and the US Military for military operations, exercises, and training. They can be used by DoD contractors only for a specific DoD contract. They cannot be shared with state and local government officials or foreign nationals without permission from NIMA. This reference provides information about policy and guidelines concerning the use of NIMA LIMDIS materials. LIMITED DISTRIBUTION: Products with this caveat and marking are UNCLASSIFIED imagery, maps, and data for which release or disclosure is limited to DoD and DoD contractors, and for national intelligence purposes, to the Director of Central Intelligence (DCI), non-DoD members of the Intelligence Community (IC), the National Security Council (NSC), and other Federal Government Departments and Agencies. Disclosure is defined as showing or discussing the product short of relinquishing physical control of it. Release is defined as providing or relinquishing control of the product in hard or softcopy. Neither disclosure nor release of LIMDIS products to unauthorized individuals or organizations is permissible. What makes NIMA data and products Limited Distribution? Sensitive, valuable information. LIMDIS data and products contain NIMA’s information edge, yet, if these materials were classified, their use and effectiveness in the field would be diminished. To balance protection and use, 10 USC 455 permits the protection of UNCLASSIFIED NIMA products as LIMDIS under the specific conditions defined above. NIMA products are categorized LIMDIS only if certain criteria are met, specifically: If they contain materials from an international agreement that restricts disclosure to DoD officials, or for specified government purposes. Many governments provide materials that are only for DoD use. If the materials in the product would reveal collection sources and methods, or capabilities used to produce these products. If disclosing the materials would: jeopardize or interfere with ongoing military or intelligence operations; reveal military operational or contingency plans; or reveal, jeopardize, or compromise military or intelligence capabilities. When are LIMDIS data and products used? During DoD or IC activities, such as military training, operations, or testing and evaluation. With whom can I share LIMDIS data and products? All active US Military and DoD personnel may see or receive LIMDIS materials at any time for official use. Similarly, personnel from US Government organizations, with which NIMA has an existing written agreement or Memorandum of Understanding (MOU) that delineates proper use, may see or receive LIMDIS materials. DoD contractors can receive LIMDIS materials only through the contracting officer responsible for their DoD contract. On a case by case basis, such as through international agreements, certain foreign governments may receive LIMDIS materials. Who cannot see or receive LIMDIS data and products? The public, and unless authorized by NIMA, non-DoD Federal employees, State and Local Government officials, and foreign nationals. When can LIMDIS data and products be released outside DoD? For national intelligence purposes, and conditioned upon the recipients’ acceptance of release restrictions and similar terms and conditions defined in a letter of agreement, NIMA may provide LIMDIS data and products to non-DoD members of the Intelligence Community, and other US Government organizations. Further, on a case-by-case basis NIMA may provide LIMDIS materials to State and Local Governments. Similarly, on a case-by-case basis, and with a formal agreement to provide for protection of LIMDIS materials, NIMA may provide foreign governments with LIMDIS data and products. (NIMA’s Disclosure and Release Team can answer related questions.) How can I store LIMDIS data? On a classified or unclassified system that is accessible only by DoD personnel and other approved LIMDIS users. LIMDIS data cannot be used or stored on publicly accessible systems, such as the World Wide Web, or on other systems accessible by unauthorized individuals, unless those systems have been safeguarded using authentication and encryption technology authorized by NIMA. What if I use NIMA LIMDIS data and products to create my own product? Your new product is probably LIMDIS too. If you make a product from LIMDIS material it should continue to be protected and marked with the full NIMA Limited Distribution note, unless a NIMA Disclosure and Release Officer determines otherwise. For example, if you produce a dataset or product derived in part from NIMA LIMDIS data it warrants equivalent protection. Only if your derived product used the unclassified and unrestricted portions of data from the original LIMDIS product will your derived product be unclassified and unrestricted. The NIMA Disclosure and Release Team will help you determine whether your derived product is LIMDIS, and provide you with an appropriate disclaimer. What other Unclassified Products have Restrictions? Products based on commercial imagery may be restricted from further dissemination due to licensing. These products are marked with appropriate copyright and licensing information. Other geospatial data procured by NIMA for reference may carry copyright restrictions.

The Bottom Line: NIMA LIMDIS data and products restricted by the MC&G clause can only be released or further disseminated under the authority of the Director of NIMA. Contracting officers and contract technical representatives do not have the authority to permit contractors or other government personnel to use NIMA data or products outside the scope of the contract. What NIMA data is unrestricted? NIMA products in the public domain such as DTED®0, DOI-10 and many, but not all, 1:250k JOGs can be used as demonstration or display products. Information for NIMA Employees Release or display of NIMA LIMDIS material in a public forum must be cleared in advance by the NIMA Disclosure and Release Team. NIMA employees may not provide any material or assistance to a contractor without the knowledge and approval of the government official responsible for that contract. Using NIMA Limited Distribution Data & Products Use of NIMA LIMDIS Data by DoD Contractors DoD commands and activities may share LIMDIS data with contractors, but these arrangements are governed by Federal Regulations. When a contract is completed, LIMDIS data must be returned to the respective DoD command or activity, or destroyed. Outside the bounds of a DoD contract, DoD contractors cannot use NIMA LIMDIS data to create their own products, nor can they use the data to demonstrate their products or capabilities to non-DoD users, nor can they use the data as a marketing tool. If your contractor is using NIMA data or products during the course of any contract, such as during the development of a communication, vehicle or weapons system, the contract must contain the following clause: a. Definition - Mapping, Charting and Geodesy (MC&G) property means geodetic, geomagnetic, gravimetric, aeronautical, topographic, hydrographic, cultural and toponymic data presented in the form of topographic, planimetric relief, or thematic maps and graphics, nautical and aeronautical charts and publications; and in simulated, photographic, digital or computerized formats. b. The contractor shall not duplicate, copy or otherwise reproduce MC&G property for purposes other than those necessary for the performance of the contract. c. At the completion of performance of the contract, the Contractor, as directed by the Contracting Officer, shall either destroy or return to the Government all Government- furnished MC&G property not consumed in the performance of this contract. This clause is from the Defense Federal Acquisition Regulations Supplement (DFARS), Section Government Furnished Mapping, Charting and Geodesy Property. Cannot be stored on systems accessible to individuals who are not directly working on the contract Cannot be shown to anyone not working directly on the contract (including screen displays as part of a trade show open to members of the public) Cannot be shared with or sold to foreign governments or international organizations without specific approval from NIMA. Who can I call for assistance? The question of sharing or disseminating data outside DoD is most often determined on a case-by-case basis. All questions regarding the release or sharing of LIMDIS material should be cleared through the NIMAs Disclosure and Release Team. For more information, contact the NIMA Disclosure and Release Team: Commercial /7946/2930 DSN /7946/2930 In Plain English NIMA LIMDIS data, products, and derived products: Cannot be duplicated for purposes other than fulfilling those required by the contract Cannot be retained by the contractor at the conclusion of the contract Cannot be used by the contractor to create a derivative product that is retained by the contractor. If such a product is created, at the conclusion of the contract, the product becomes the property of the government agent writing the contract, not the property of the Contractor Cannot be reproduced without carrying over the handling caveat Cannot be processed on nor otherwise transmitted on unsecured systems such as the World Wide Web