CSIS OPS-402 Section 17 Arrangements with Foreign Governments and Institutions (2005)
Information sharing
<strong>Document Purpose</strong>: to provide direction for obtaining a foreign arrangement with a foreign government, institution, or international organization for the purpose of enabling CSIS to carry out mandated activities under the CSIS Act.
<p><strong>Document Analysis: </strong>Guidelines for foreign arrangements generally establish that:</p>
<p>- Arrangements must be compatible w/ Canada’s foreign policy</p>
<p>- Arrangements are in the interests of Canada’s security</p>
<p>- Arrangements with foreign countries or organizations will only be considered where there is a definite requirement to protect Canada’s security.</p>
<p> </p>
<p>Includes OPS-402-1 Standards and Guidelines for Establishing a Foreign Arrangement <strong>(June 6, 2005)</strong> – states that where there is a requirement to enter into a foreign arrangement under Section 17 of the CSIS Act, a request must be submitted to the Director General Foreign Liaison and Visits (DG FLV). Guidelines include (unredacted): describing the rationale for proposed arrangement, assess internal political situation and respect for human rights (by looking at the human rights record of a country and any abuses by security or intelligence organizations).</p>
<p>Section 17 of the CSIS Act:</p>
<p><strong>Cooperation</strong></p>
<p><strong>17</strong> <strong>(1)</strong> For the purpose of performing its duties and functions under this Act, the Service may,</p>
<p><strong> </strong><strong>(a)</strong> with the approval of the Minister, enter into an arrangement or otherwise cooperate with</p>
<p><strong> </strong><strong>(i)</strong> any department of the Government of Canada or the government of a province or any department thereof, or</p>
<p><strong> </strong><strong>(ii)</strong> any police force in a province, with the approval of the Minister responsible for policing in the province; or</p>
<p><strong> </strong><strong>(b)</strong> with the approval of the Minister after consultation by the Minister with the Minister of Foreign Affairs, enter into an arrangement or otherwise cooperate with the government of a foreign state or an institution thereof or an international organization of states or an institution thereof.</p>
<p><strong>Copies of arrangements to Review Committee</strong><strong>
</strong></p>
<p><strong>(2)</strong> Where a written arrangement is entered into pursuant to subsection (1) or subsection 13(2) or (3), a copy thereof shall be given forthwith to the Review Committee.</p>
ATIP
2005
CSIS Foreign Arrangements Policies and Procedures (2004)
Information-sharing
<strong>Document Purpose: </strong>supplements OPS-402 Section 17 Arrangements with Foreign Govts and Institutions
<p><strong>Document Analysis: </strong></p>
<p>Foreign Arrangements Philosophy (one of the few unredacted parts of this doc): CSIS generally enjoys strong relations with all of its key foreign partners. “Our international image as a viable and non-threatening partner generates a large number of requests for assistance from traditional and non-traditional partner services.”</p>
<p> </p>
<p><strong>Statistics – Section 17 Foreign Arrangements</strong></p>
<p>1984 (at transition from RCMP) – CSIS inherited 162 arrangements in 107 countries</p>
<p>92-93 – 194 arrangements in 121 countries</p>
<p>97-98 – 214 arrangements in 128 countries</p>
<p>02-03 – 237 arrangements in 134 countries</p>
<p>04-05 253 arrangements in 142 countries as of October 18, 2004</p>
<p> </p>
<p>CSIS does not publicly disclose the agencies it has foreign arrangements with. </p>
<p>CSIS arrangements with foreign intelligence agencies have increased significantly over the years, indicating that CSIS has arrangements with multiple intelligence agencies of various countries, and likely international organizations of states.</p>
<p> </p>
<p><em>“Preoccupation with maintaining necessary intelligence arrangements go a long way a considerable distance in explaining much Canadian government secrecy – the mere chance that disclosure of an ally’s secret would impair intelligence sharing is a considerable source of concern for security officials” (Forcese and Roach, 143). </em></p>
<p><em> </em></p>
<p><em>CSIS told a Federal Court in 1996 that the information it receives is “invariably provided in confidence and on the explicit or implicit understanding that neither the information nor its source will be disclosed without prior consent of the entity which provided it.” This principle is widely recognized within the policing and security intelligence communities (Forcese, NS Law, 482). </em></p>
<p> </p>
<p>In emergency circumstances, CSIS can cooperate with foreign intelligence organizations where no arrangement exists. If the Minister is unavailable to approve an arrangement, the Director can undertake “whatever exchanges or cooperation are necessary” to address such an urgent requirement.</p>
<p>Records relating to foreign arrangements will be maintained.</p>
ATIP
2004