Attachment_0018_-_USCENTCOM_Arming_Policy.pdf

UNCLASSIFIED//FOR OFFICIAL USE ONLY

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APPENDIX 8 TO ANNEX C TO USCENTCOM OPORD 05-03

ARMING AND USE OF FORCE POLICY (U)

1. (U) USCENTCOM ARMING POLICY. This policy is applicable to Department of Defense (DoD) Elements and personnel under the security responsibility of the Commander, United States Central Command (CDRUSCENTCOM), as identified in Annex B of each country’s Force Protection (FP) Memorandum of Agreement (MOA) as stated under Appendix 03 of Annex C of this document.

a. (U) CDRUSCENTCOM has delegated the authority to administer the arming of personnel/units to the Commands listed below. The commanders of the organizations may delegate this authority to a Flag Officer, General Officer or Senior Executive Service (SES) civilian representing them in each subordinate element of their command or task force.

(1) (U) Commander, U.S. Air Forces Central Command

(USAFCENT).

(2) (U) Commander, U.S. Army Central (USARCENT).

(3) (U) Commander, U.S. Naval Forces Central Command

(USNAVCENT).

(4) (U) Commander, U.S. Marine Corps Forces Central Command (USMARCENT).

(5) (U) Commander, U.S. Special Operations Central Command

(USSOCCENT).

(6) (U) Commander, U.S. Forces-Afghanistan (USFOR-A).

(7) (U) Commander, Combined Joint Task Force-Operation Inherent Resolve (CJTF-OIR).

b. (U) For personnel assigned to HQ USCENTCOM, CDRUSCENTCOM delegates authority to:

(1) (U) Commander, CJTF-OIR to approve arming requests/exceptions for personnel traveling to Iraq or Syria.

(2) (U) Commander, USFOR-A to approve arming requests/exceptions for personnel traveling to Afghanistan.

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(3) (U) Deputy Director of Operations, USCENTCOM, to approve arming requests/exceptions for personnel traveling to all other countries in the USCENTCOM Area of Responsibility (AOR).

c. (U) Each approval authority, identified in paragraph 1a, will develop a written arming/use of force policy that, at a minimum:

(1) (U) Addresses compliance with this order.

(2) (U) Requires coordination with the Joint Security Coordinator (JSC) for Joint Security Areas (JSAs) that have been established, as well as the battle space owner to ensure they are aware of all armed personnel.

(3) (U) Includes country specific directives that at a minimum: Identifies when and where personnel may be armed;

authorized weapons and ammunition; and prescribes weapon/ammunition storage requirements. The approval authorities will coordinate and receive written concurrence from the country’s Chief of Mission (COM), or delegated position under COM authority, through the Senior Defense Official/Defense Attaché (SDO/DATT) and in consultation with the Regional Security Officer (RSO).

(4) (U) Outlines administration of the program to provide a capability to track, monitor, and approve/disapprove requests for exception to the arming policy to the individual level.

d. (U) Conflict Resolution. Any issues that arise with arming or arming policies will be resolved at the lowest possible level in-country. If the issue cannot be resolved in-country, the organization having the issue will raise the concern to the next appropriate approval authority for resolution. See Figure 1 below for conflict resolution process.

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Conflict Resolution Matrix (U)

2. (U) This policy complies with the following federal, DoD, and Joint Staff policies:

a. (U) DoD Instruction (DoDI) 1100.22, Policy and Procedures for Determining Workforce Mix, April 12, 2010.

b. (U) DoDI 3020.41, Operational Contract Support, April 11, 2017.

Non-Concur

FP Responsibility as identified in

FP MOA

Concur

Annex A, Forces under COM FP responsibility

Annex B, Forces under CCDR FP responsibility, approval authority:

Route request thru JSC, if appointed, and battle space owner.

Defines country specific arming parameters.

Coordinate with U.S. Embassy country team.

A

STOP! USCENTCOM Arming Policy is not applicable. COM or designated rep defines arming parameters

Approval Authority issues arming authorization.

CONFLICT RESOLUTION

PROCESS

Not Resolved

Not Resolved

Not Resolved

Resolved

Resolved

Resolved

Resolved

Go to A

Go to A

Go to A

Go to A

Not Resolved

Deconflict issue with RSO.

Approval Authority’s Director of Operations deconflicts issue with SDO/DATT and discusses issue with USCENTCOM DJ3.

Approval Authority’s DCG deconflicts issue with Deputy COM and discusses issue with

USCENTCOM J3.

Approval Authority’s CG deconflicts issue with COM

Approval Authority’s CG discusses issue with CDRUSCENTCOM.

Figure 1 (U)

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c. (U) DoDI 3020.50, Private Security Contractors (PSCs) Operating in Contingency Operations, Humanitarian or Peace Operations, or Other Military Operations or Exercises, Change 1, August 1, 2011.

d. (U) DoD Directive (DoDD) 5210.56, Carrying of Firearms and the Use of Force by DoD Personnel Engaged in Security, Law and Order, or Counterintelligence Activities, November 18, 2016.

e. (U) Chairman of the Joint Chiefs of Staff Instruction (CJCSI) 3121.01B, 13JUN2005, Standing Rules of Engagement (SROE)/Standing Rules for the Use of Force (SRUF) for U.S. Forces, June 13, 2005.

f. (U) 32 Code of Federal Regulations (CFR) 159, Private Security Contractors Operating in Contingency Operations, July 1, 2011.

g. (U) Defense Federal Acquisition Regulation Supplement (DFARS) 252.225-7995, Contractor Personnel Performing in the United States Central Command Area of Operations, September 2017.

h. (U) DFARS 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States, June 2015.

3. (U) DEFINITIONS.

a. (U) The Requesting Official (RO): a U.S. military or DoD civilian directly responsible for maintaining oversight of the activities of U.S. military members, DoD civilians, and contractors. The RO is responsible for ensuring that all armed personnel comply with the requirements of this appendix, applicable laws, regulations, and policies.

b. (U) Law Enforcement Professionals (LEP): contractors performing under the discretion of U.S. Army Criminal Investigative Command (USACIDC). They provide analytical and investigative skills and facilitate methods to understand, identify, target, penetrate, interdict, and suppress criminal networks and operations in the USCENTCOM AOR.

c. (U) Private Security Company (PSC): a company employed by the DoD, performing private security functions under a covered contract. In a designated area of combat operations or other

C-8-5 significant military operations, the term “PSC” expands to include all companies employed by United States Government (USG) agencies performing private security functions under a covered contract.

4. (U) ARMING POLICY.

a. (U) If arming authorities have not been specifically delegated, then any arming issue and/or request is staffed through the USCENTCOM Operations Directorate Joint Security Office (CCJ3- JSO) for approval by the USCENTCOM Deputy Director of Operations.

b. (U) Arming requirement for DoD civilians and U.S. military personnel varies by assignment and should be outlined in the unit or individual deployment orders. If orders do not specify arming authorization for DoD civilians or U.S. military personnel and:

(1) (U) If they are performing duties on a U.S. military secured location, an exception to the USCENTCOM Arming Policy is not required. Their authorization is outlined in service/component/organizational guidance.

(2) (U) If they are performing duties or transiting outside a U.S. military secured location they will submit the request IAW Tab A and/or Tab B of this appendix.

c. (U) Arming of DoD individual contractors not performing duties under a private security contract is prohibited in most cases. However, if the U.S. military cannot provide adequate force protection, or legitimate civil authorities deemed unavailable or insufficient, or if the contractor has a reasonable need to arm for personal protection/self-defense based on duty requirements, an exception to this policy may be requested IAW Tab C of this appendix.

d. (U) U.S. Government contracts that require armed personnel to provide security must follow the procedures outlined in Tab C of this appendix.

e. (U) DoD civilians and DoD contractors (including contract security/PSC) are considered non-combatants. Actions taken by these individuals inconsistent with this status, such as directly participating in hostilities against enemy forces, could jeopardize their non-combatant status. DoD civilians and DoD contractors could also be subject to host nation (HN) criminal laws for their actions.

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f. (U) Arming exceptions will be decided on a case-by-case basis. Approval of arming exceptions will be based on level of threat, U.S. military capacity for protection, HN laws and applicable international agreements. All requests will be submitted to the appropriate approval authority as defined in paragraph 1a.

g. (U) Personnel must follow applicable policies and regulations issued by DoD, USCENTCOM, subordinate commands, and/or incorporated into a contract. In addition, individuals must comply with applicable HN laws concerning the possession and use of weapons unless otherwise provided for in an international agreement.

h. (U) A person's authorization to possess weapons and ammunition may be suspended or revoked for non-compliance, including during the period of investigation following an incident or allegation. A commander may suspend weapon’s authorization based on changed local conditions, or for the safety and security of a unit or installation.

i. (U) While armed, personnel must carry proof of authorization to be armed.

j. (U) Individuals will not consume alcoholic beverages or any intoxicating or judgment-impairing drug (prescription or otherwise) while armed or within eight hours before any scheduled arming.

k. (U) Authorized weapons and ammunition.

(1) (U) Personnel will only possess U.S. government or contractor issued weapons and ammunition for which they are qualified in accordance with parent Service regulations.

(2) (U) All PSC contractors must have these non-standard weapons approved by the appropriate approval authority identified in paragraph 1a of this appendix before use. Additionally, all individuals who would use such weapons must meet all familiarization, qualification and other requirements under this appendix to be individually authorized.

l. (U) Concealed weapons are not authorized unless approved by the appropriate approval authority prior to being armed.

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m. (U) Contractors (companies) are responsible for ensuring proper storage of weapons and ammunition IAW DoDD.

n. (U) Any exception to this policy must be approved prior to arming by the authority outlined in paragraph 1a of this appendix.

o. (U) No multiple country approvals will be granted as each country is unique. Tab A, Tab B and Tab C of this appendix outline procedures to request an exception.

p. (U) Personnel operating in another Geographical Combatant Commander’s region must process an arming request as directed by that GCC’s arming policy; i.e. Turkey.

q. (U) Unless extended in writing by the appropriate approval authority identified in this appendix, all training (including weapons qualification) is valid for no more than 12 months and must remain current while armed. A lapse in training voids any existing arming approval.

5. (U) REPORTING REQUIREMENTS. Only the Deputy Commander, USCENTCOM, may approve exception to the notification requirements outlined in this paragraph.

a. (U) In addition to reporting through their operational chains of command and to those that administer contracts, approving authorities will notify CCJ3-JSO upon approval of each arming authorization. This notification will consist of the individual’s name; company or organization; country where arming is authorized;

any exceptions granted and the name and date of coordination with the applicable COM and Legal Review.

b. (U) On a monthly basis, each approving authority, as identified in para 1.a. of this appendix, will notify CCJ3-JSO of the number of civilians and contractors armed for personal protection/self-defense and the names of companies, number of personnel utilized, and general scope of work authorized to perform security service work and contract number. For accountability purposes, reports should clearly distinguish between DoD civilians and DoD contractors.

c. (U) Report any civilian or contract security/PSC use of force against U.S./coalition or HN forces whether or not injury or damage results no later than 24 hours after the incident by email (CCJ3-JSPP@centcom.smil.mil) stating the Who, What, When, Where, C-8-8 and Why of the incident. This report does not preclude compliance with current (CCIR) and (SIR) reporting procedures in place.

d. (U) Every DoD entity and contractor providing DoD required security services must report full "by name" data to the appropriate approval authority using the existing "armed civilian personnel roster" spreadsheet format through his/her Contracting Officer’s Representative (COR) and contracting officer to ensure it arrives NLT the 5th day of each month.

6. (U) USE OF FORCE POLICY.

a. (U) Refer to CJCSI 3121.01B. This use of force policy applies to all military, DoD civilian and DoD contractor personnel authorized to carry weapons in the USCENTCOM AOR under this order.

b. (U) Unit commanders/supervisors at all levels must teach and train their personnel how and when to use both non-deadly and deadly force IAW CJCSI 3121.01B, mission specific SROE/SRUF and this OPORD.

c. (U) All personnel retain the inherent right and obligation to exercise personal protection/self-defense in response to a hostile act or demonstrated hostile intent. Personal protection/self-defense includes the defense of other DoD personnel in the vicinity.

d. (U) Contract security personnel are not authorized to take a direct part in offensive operations, quick reaction force missions, local patrolling or other uniquely military functions.

7. (U) EFFECTIVE DATE. This policy is effective immediately and considered a lawful general order. Any violation of this general order may subject an offender to administrative or disciplinary action under the Uniform Code of Military Justice (UCMJ), civilian personnel regulations, contract terms, or criminal prosecution under U.S. or HN laws.

Tabs: (U) Tab A: Submission Procedures for U.S. Military Personnel Arming Requests (U) Tab B: Submission Procedures for DoD Civilians (U) Tab C: Submission Procedures for Contractors (U)

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TAB D: Synchronized Pre-Deployment and Operational Tracker (SPOT) Requirements for Contractors (U)

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TAB A TO APPENDIX 8 TO ANNEX C TO USCENTCOM OPORD 05-03

SUBMISSION PROCEDURES FOR ARMING REQUESTS FOR U.S. MILITARY

PERSONNEL (U)

1. (U) GENERAL. Arming of U.S. military personnel varies by assignment and should be outlined in the unit or individual deployment orders. If orders do not specify arming authorization and U.S. servicemembers are performing duties on a U.S. secured location, then an exception to the USCENTCOM arming policy is not required. Their authorization is outlined in service/component/ organizational guidance. However, U.S. servicemembers performing duties or transiting outside a U.S. secured location will submit a request IAW this Tab. If the authority is not clearly stated, then the appropriate approval authority must approve arming authority as identified in paragraph 1a of this appendix. The procedures outlined in this tab only apply to DoD Elements and personnel under the security responsibility of CDRUSCENTCOM, as identified in Annex B of each country’s FP MOA.

a. (U) All arming approvals and acknowledgments will be in writing and contain each individual's name, type(s) of weapons, and period of authorization. Delegated approval authorities may set additional standards and requirements as needed within the framework of this policy. See Figure 1 of this tab for an example letter.

b. (U) All arming requests will include the name of each person seeking authorization.

c. (U) The Requesting Officer (RO) determines whether conditions exist to support a request to arm a person based upon factors such as his/her duties, living arrangements, travel with or without military units, local conditions, and any other relevant information or factors. The RO will consider whether other means to provide sufficient security are adequate and feasible. The RO or approving official may limit or restrict the time, manner and place personnel may be armed.

2. (U) REQUIRED DOCUMENTATION. A letter requesting an exception to this policy must be signed by the RO and address the listed areas below. The RO will send the cover letter for review/approval to the appropriate approval authority identified in this appendix, along with all required documentation. The cover letter must address, at a minimum, the following areas. See Figure 1 of this tab for an example.

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a. (U) The RO will identify the requested person(s) has current weapons qualifications, that will not expire during the scheduled deployment; they have received training on the law of armed conflict, rules of engagement or rules for the use of force;

and they will be briefed on the appropriate approval authority’s specific country arming parameters.

b. (U) Justification for arming request. The justification for arming should include a description of where such individuals will operate; types of weapons requested; the anticipated threat;

and why coalition or HN police/security forces are unable to provide adequate protection.

c. (U) The letter shall state that the RO is responsible for the actions of the U.S. service members identified in the request and will monitor their actions (see Figure 1 of this tab).

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Cover Letter Example for U.S. Military (U)

[COMMAND LETTERHEAD/ADDRESS]

[YOUR UNIT IDENTIFIER/OFFICE SYMBOL] [DATE]

MEMORANDUM FOR [INSERT APPROPRIATE APPROVAL AUTHORITY]

SUBJECT: Request for Authorization for U.S. military service member to be armed for PERSONAL PROTECTION in [INSERT COUNTRY WHERE INDIVIDUAL WILL BE ARMED]

1. Reference:

a. [INSERT APPROPRIATE REFERENCES]

2. I am requesting arming authoriztion for the below listed U.S. service members in this paragraph or in an attached arming roster. The U.S. military members identified in this letter are assigned to [INSERT UNIT IDENTIFIER/OFFICE SYMBOL] and will be operating in [NAME OF SITE OR GEOGRAPHIC AREA].

Last Name First Name Rank Doe (alphabetical order)

3. The U.S. service members identified in this letter have current weapons qualifications, that will not expire during the scheduled deployment; received training on law of armed conflict, rules of engagement, and rules for the use of force; and will be briefed on [INSERT APPROPRIATE APPROVAL AUTHORITY]’s [INSERT COUNTRY WHERE INDIVIDUAL WILL BE ARMED] specific arming parameters prior to being armed.

4. [INSERT RATIONALE FOR ARMING REQUEST]

5. I have the authority to oversee the actions of the U.S. service members idenfitied in this request and will monitor their actions.

6. The POC for this request is [LIST NAME, PHONE NUMBER and EMAIL ADDRESS]

[NAME OF RO]

[RANK AND BRANCH OF SERVICE OR CIVILIAN GRADE]

[POSITION/DUTY TITLE OF RO]

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TAB B TO APPENDIX 8 TO ANNEX C TO USCENTCOM OPORD 05-03

SUBMISSION PROCEDURES FOR ARMING REQUESTS FOR DOD CIVILIANS (U)

1. (U) GENERAL. Requests for exception to the policy outlined in this appendix will be voluntary unless required by the terms and conditions of a DoD deployment. All requests will comply with the requirements listed in this tab.

a. (U) An arming request may be made by the DoD entity or temporary organization, on behalf of its personnel for a specific person or persons. The person(s) to be armed must satisfy the requirements in this tab.

b. (U) All arming approvals and acknowledgments will be in writing and contain each individual's name, type(s) of weapons, and period of authorization. Delegated approval authorities may set additional standards and requirements as needed within the framework of this policy.

c. (U) ROs will coordinate with representatives from the appropriate U.S. Embassy within the USCENTCOM AOR to encourage a consistent approach to arming of other USG civilians under COM authority.

d. (U) When a Commander/SDO/DATT perceives that a departure from current HN agreements or restrictions is necessary; permission must be sought from the appropriate approval authority.

e. (U) All arming requests will include the name of each person seeking authorization. An arming authorization for a location does not authorize the arming of a person. Persons will be individually authorized to carry arms. Requests for blanket authorization for groups, organizations, or job specialties will not be approved.

f. (U) The RO determines whether conditions exist to support a request to arm a person based upon factors such as his/her duties, living arrangements, travel with or without military units, local conditions, and any other relevant information or factors. The RO will consider whether other means to provide sufficient security are adequate and feasible. The RO or approving official may limit or restrict the time, manner and place personnel may be armed.

2. (U) REQUIRED DOCUMENTATION.

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a. (U) Cover Letter. The RO must sign a cover letter requesting an exception to this policy and address the listed areas below. The RO will send the cover letter for review/approval to the appropriate approval authority identified in this appendix, along with all required documentation. See Figure 1 of this tab for an example.

(1) (U) The DoD entity (or temporary organization) reviews background information about the person requiring arming authority.

This includes, but is not limited to prior military/government service discharge records, former employment references, especially those in the security industry, etc. The purpose of this is to determine whether the identified individual is qualified to handle a weapon or ammunition (including provisions of 18 United States Code (USC) 922, Firearm Possession Prohibition). Some examples of disqualifying actions are as follows: being under indictment for or convicted of a crime punishable by greater than one year in prison; being a fugitive from justice; being an unlawful user, or being addicted to any controlled substance; having been committed to any mental institution or adjudged mentally defective; having been discharged from the armed forces under dishonorable conditions; having renounced one’s U.S. citizenship; or having a disqualifying domestic violence conviction or court restraining order involving an intimate partner. No personnel that are disqualified due to the above shall be considered. Background checks must be included in the request package.

(2) (U) The arming request must include the following items:

(a) (U) A description of where armed individuals will perform their duties.

(b) (U) Types of weapons requested.

(c) (U) The anticipated threat.

(d) (U) Why coalition or HN police/security forces are unable to provide adequate protection.

(e) (U) What property/facilities (military or non-military) or personnel (military or non-military) such person(s) are intended to protect, if any, or, if for personal protection/self-defense, will be part of the arming request.

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(3) (U) A description of how the movement of DoD personnel will be coordinated through areas of increased risk or planned or ongoing military operations, including how DoD civilian personnel will be rapidly identified by members of the U.S. Armed Forces.

b. (U) A request from DoD civilian personnel must be endorsed by the chain of supervision to the RO.

c. (U) Weapons familiarization and qualification.

Documentation from a supervisor from the weapons range or training staff must be submitted to certify the individual is sufficiently familiarized with the weapon(s) for which he/she seeks authorization and is qualified per any DoD or USG agency standard for the requested weapon(s).

d. (U) Knowledge of the Law of Armed Conflict (LOAC), SRUF, and rules applicable to the use of deadly force. Additionally, personnel will certify that they have been trained on and understand the distinction between the ROE applicable only to military forces and the prescribed SRUF that control the use of weapons by DoD civilian personnel. See Figure 2 of this tab.

e. (U) The person to be armed will sign DD Form 2760, Qualification to Possess Firearms or Ammunition. See Figure 3 of this tab for an example.

f. (U) Acknowledgement of training, responsibilities, potential liability, and conditions for authorization to carry weapons. See Figure 4 of this tab for an example.

(1) (U) Signed acknowledgement by the person that the use of weapons could subject the individual to U.S. and HN prosecution and civil liability.

(2) (U) Each individual must additionally acknowledge the following:

(a) (U) Proof of arming authorization must be carried at all times while armed.

(b) (U) Personnel may possess only those weapons and ammunition issued and/or approved under this instruction and for which he/she has been individually qualified.

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(c) (U) Personnel will not consume alcoholic beverages or any intoxicating or judgment impairing medication or drug (prescribed or otherwise) while armed or within 8 hours of being armed.

(d) (U) Weapon and ammunition possession may be revoked for non-compliance with any of these requirements or suspended or revoked during a period of investigation or following an incident or allegation.

(3) (U) A signed certification by the DoD entity or military commander that the person is not prohibited under U.S. law from possessing a weapon or ammunition.

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Cover Letter Example for DoD Civilians (U)

[COMMAND LETTERHEAD/ADDRESS]

[DATE]

[YOUR UNIT IDENTIFIES/OFFICE SYMBOL]

SUBJECT: Request for authorization for DoD Civilian Employees to be Armed for Personal Protection in [insert country where individual will be armed]

1. Reference:

a. [insert appropriate reference]

2. I am requesting arming authorization for the DoD Civilian(s) listed in this paragraph or in an attached roster. They are supporting/are assigned to [name of program/unit] and will be operating in [name of site or geographic area].

3. [DoD Entity or Temporary Organization] has satisfactorily conducted background checks on these employees and has not uncovered any adverse information that would preclude them from being armed.

4. I request they be authorized to carry the following types of weapons for Personal Protection:

[list weapons types. E.g., M9, M4, M11, MP5, etc.]

5. [Insert rationale for arming request]

6. I have the authority to oversee program actions, modify program requirements, exercise administrative control over personnel and property, approve personnel actions and ensure personnel accountability.

7. The POC for this request is [list name, phone number and email address].

[Name of RO] [Rank and branch of service or civilian grade of RO]

[Position of RO. E.g., Commanding, Chief]

Last Name First Name Passport or Taskers Number/ Expiration Date

Doe [alphabetical] Jane 112456 [full] Doe John 124569

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Acknowledgement on LOAC, RUF, and ROE Training Example for DoD Civilians (U)

Figure 2 (U)

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DD Form 2760, Qualification to Possess Firearms or Ammunition for DoD Civilians (U)

Figure 3 (U)

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Example of Acknowledgement of Training, Responsibilities, Potential Liability and Conditions for Authorization to Carry Weapons for DoD

Civilians (U)

UNCLASSIFIED//FOUO

[UNIT OF ASSIGNMENT LETTERHEAD/ADDRESS]

[INSERT DATE]

MEMORANDUM FOR [Insert appropriate approval authority]

SUBJECT: Acknowledgement of Training, Responsibilities, Potential Liability and Conditions for Authorization to Carry Weapons

1. I, [Insert MR./MS. FIRST, MI, Last here] hereby acknowledge by signing the following that:

a. I have been trained on the Rules for the Use of Force (RUF), Rules of Engageement (ROE), and the differences between the two. In particular, I understand that ROE are only for military use and that under no circumstances will I use ROE for use of force decisions. I have also been trained on rules for the use of deadly force. I further acknowledge that the use of a firearm creates a potential for criminal and civil liability under U.S./Host Nation laws for me and my employer, subject to the current status of forces agreement and international laws.

b. I have been trained on the Law of Armed Conflict to include the proper treatment of noncombatants.

I understand that I must comply with the provisions of the Geneva Convention relative to the treatment of the sick and injured, prisoner of war, and civilians.

c. I have been trained and certified to U.S. Government standards on the use of the requested weapon(s).

d. The above training requirements are valid for 12 months from the date of the training. A lapse in the training requirements will automatically invalidate arming authorization.

e. I understand the requirement to report use of force, including, but not limited to, weapons discharges, deaths or injuries, destruction of property, lethal and non-lethal active responses to attacks, potential violations of the laws of war, and any other incidents to my first line military supervisor or civilian equivalent.

f. I will at all times comply with orders and instructions issued by the U.S. forces relating to force protection.

g. I am not disqualified under United States Code (USC) title 18, section 922 from handling a weapon or ammunition and have seperately completed a DD Form 2760.

h. I will not be armed if my judgement is impaired by any substance and, if otherwise permissible, I shall not consume alcohol or judgment-impairing substances within 8 hours before the start of a duty shift during which I am scheduled to carry a weapon.

i. I understand that I must at all times possess proof of authorization to be armed and that I may possess only those U.S. Government issued and/or approved weapons and ammunition that have been authorized for my possession by the [insert appropriate approval level] or his designee.

j. I understand that my authorization to carry weapons may be revoked for non-compliance with Department of Defense requirements or the RUF or may be suspended or revoked during a period of invetigation or following an incident or allegation.

k. A commander may suspend weapon’s authorization based on changed local conditions, or for the safety and security of a unit or installation.

SIGNATURE______

[Insert MR./MS. FIRST, MI, LAST here]

2. As an authorized representative of [insert unit of assignement], I certify that all conditions above regarding eligibility for arming of this individual have been met. A check of references and background has been conducted and supplied to the COR to further support the suitability of this individual to be armed in performance of this contract. Should any disqualifying conditions or actions be discovered, we will immediately take action to disarm and detain the individual as appropriate and notify the COR and the [insert appropriate approval level]. I understand that use of weapons by our employee could subject the company and its representatives to United States and Host Nation prosecution and and civil liability.

[Insert Title here] [Insert Company Name here]

Figure 4 (U)

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TAB C TO APPENDIX 8 TO ANNEX C TO USCENTCOM OPORD 05-03

SUBMISSION PROCEDURES FOR ARMING REQUESTS FOR CONTRACTORS (U)

1. (U) GENERAL. Requests for exception to the policy outlined in this appendix will be voluntary unless required by the terms and conditions of a DoD deployment. All requests will comply with the requirements listed in this tab.

a. (U) An arming request may be made by the DoD entity, temporary organization, or contractor on behalf of its personnel for a specific person or persons. The person(s) to be armed must satisfy the requirements in this tab.

b. (U) All arming approvals and acknowledgments will be in writing and contain each individual's name, type(s) of weapons, and period of authorization. Delegated approval authorities may set additional standards and requirements as needed within the framework of this policy.

c. (U) Translation and/or explanation of documents. All documents/forms may be translated verbatim into a native language understood by the person requesting arming. If the person cannot read the form, the substance of the form will be explained to him/her, and assistance will be provided to truthfully sign the document/form.

d. (U) ROs will coordinate with representatives from the U.S.

Embassy within the USCENTCOM AOR to encourage a consistent approach for arming of USG contractors under COM authority.

e. (U) Where a Commander/SDO/DATT perceives that a departure from current HN agreements or restrictions is necessary; permission must be sought from the appropriate approval authority.

f. (U) All arming requests will include the name of each person seeking authorization. An authorization for a contract or location does not authorize the arming of a person. Persons will be individually authorized to carry arms. Requests for blanket authorization for groups, organizations, or job specialties will not be approved.

g. (U) Arming requests for private security functions will include a description of how activities will be coordinated with the RO or applicable military authorities and describe how communications will occur.

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h. (U) The RO determines whether conditions exist to support a request to arm a person based upon factors such as his/her duties, living arrangements, travel with or without military units, local conditions, and any other relevant information or factors. The RO will consider whether other means to provide sufficient security are adequate and feasible. The RO or approving official may limit or restrict the time, manner and place personnel may be armed.

i. (U) An arming approval for contract security/PSC will designate what personnel and property must be protected. Nothing in this designation will limit the inherent right of individual personal protection/self-defense.

j. (U) Submit requests IAW this appendix and tab to the appropriate approval authority.

k. (U) A person must sign a document for himself or herself using a signature, a mark, a fingerprint, or another means to reflect that he or she understood and completed the document.

l. (U) DoD mandates to conduct background/positive identification of contractor personnel, including local nationals (LNs) and other country nationals (OCNs). Utilize the Synchronized Pre-Deployment and Operational Tracker (SPOT) as directed in Tab D of this appendix.

2. (U) REQUIRED DOCUMENTATION.

a. (U) Cover Letter. A cover letter requesting an exception to this policy must be signed by the RO and address the below listed areas. The cover letter, along with all required documentation, will be sent for review/approval to the appropriate approval authority identified in this appendix. The cover letter must address, at a minimum, the following areas. See Figure 1 of this tab for an example.

(1) (U) The DoD entity (or temporary organization) reviews background information about the person requiring arming authority.

This includes, but is not limited to prior military/government service discharge records, former employment references, especially those in the security industry, etc. The purpose of this is to determine whether the identified individual is qualified to handle a weapon or ammunition (including provisions of 18 United States Code (USC) 922, Firearm Possession Prohibition). Some examples of disqualifying items are as follows: being under indictment for or

C-8-C-3 convicted of a crime punishable by greater than one year in prison;

being a fugitive from justice; being an unlawful user, or being addicted to any controlled substance; having been committed to any mental institution or adjudged mentally defective; having been discharged from the armed forces under dishonorable conditions;

having renounced ones U.S. citizenship; or having a disqualifying domestic violence conviction or court restraining order involving an intimate partner. No personnel that are disqualified due to the above, will be considered. Background checks must be included in the request package.

(2) (U) The arming request must include the following items:

(a) (U) A description of where armed individuals will perform their duties.

(b) (U) Types of weapons required.

(c) (U) The anticipated threat.

(d) (U) Why coalition or HN police/security forces are unable to provide adequate protection.

(e) (U) What property/facilities (military or non-military) or personnel (military or non-military) such person(s) are intended to protect, if any, or, if for personal protection/self-defense, will be part of the arming request.

(3) (U) A description of how the movement of DoD contractor personnel will be coordinated through areas of increased risk or planned or ongoing military operations, including how contractor personnel will be rapidly identified by members of the U.S. Armed Forces.

(4) (U) A communication plan shall include a description of how relevant threat information will be shared between contractor personnel and U.S. military forces and how appropriate assistance will be provided to contractor personnel who become engaged in hostile situations. DoD contractors performing private security functions are only authorized to be used IAW DoDI 1100.22.

This states that DoD contractors are limited to a defensive response to hostile acts or demonstrated hostile intent.

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b. (U) A request from contractor personnel must be endorsed by the contractor and the contracting officer to the RO.

c. (U) Weapons familiarization and qualification.

Documentation from a supervisor from the weapons range or training staff must be submitted to certify the individual is sufficiently familiarized with the weapon(s) for which he/she seeks authorization and is qualified per any DoD or USG agency standard for the requested weapon(s).

d. (U) Knowledge of the Law of Armed Conflict (LOAC), SRUF, and rules applicable to the use of deadly force. Additionally, personnel shall certify that they have been trained on and understand the distinction between the ROE applicable only to military forces and the prescribed SRUF that control the use of weapons by DoD civilian personnel and DoD contractor personnel.

See Figure 2 of this tab.

e. (U) The person to be armed will sign DD Form 2760, Qualification to Possess Firearms or Ammunition. See Figure 3 of this tab for an example.

f. (U) Acknowledgement of training, responsibilities, potential liability, and conditions for authorization to carry weapons. See Figure 4 of this tab for an example.

(1) (U) Signed acknowledgement by the person that the use of weapons could subject the individual to U.S. and HN prosecution and civil liability. For DoD contractor personnel the liability can extend to the contractor’s company. For each individual contracted person seeking permission to be armed, the signed acknowledgement shall require the signature of the prime contractor and each tier of subcontractor. Each subcontractor must sign to acknowledge potential liability.

(2) (U) Each individual must additionally acknowledge the following:

(a) (U) Proof of arming authorization must be carried at all times while armed.

(b) (U) Personnel may possess only those weapons and ammunition issued and/or approved under this instruction and for which he/she has been individually qualified.

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(c) (U) Personnel are prohibited from consuming alcoholic beverages or any intoxicating or judgment impairing medication or drug (prescribed or otherwise) while armed or within 8 hours of being armed.

(d) (U) Weapon and ammunition possession may be revoked for non-compliance with any of these requirements or suspended or revoked during a period of investigation or following an incident or allegation.

(3) (U) A signed certification by the contractor or military commander that the person is not prohibited under U.S. law from possessing a weapon or ammunition.

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Cover Letter Example for DoD Contractors (U)

(COMMAND LETTERHEAD/ADDRESS]

[DATE]

[YOUR UNIT IDENTIFIES/OFFICE SYMBOL]

SUBJECT: Request for authorization for DoD Contractor Employees to be Armed for Personal Protection in [insert country where individual will be armed]

1. Reference:

a. [Insert appropriate reference]

2. I am requesting arming authorization for the DoD Contractor employees listed in this paragraph or in an attached roster. They are employees of [name of company], will be supporting/are assigned to [name of program/unit] and will be operating in [name of site or geographic area].

3. [Company name] has satisfactorily conducted background checks on these employees and has not uncovered any adverse information that would preclude them from not being armed.

4. I request they be authorized to carry the following types of weapons for Personal Protection:

[list weapons types. E.g., M9, M4, M11, MP5, etc.]

5. [Insert rationale for arming request].

6. I have the authority to oversee program actions, modify program requirements, exercise administrative control over personnel and property, approve personnel actions and ensure personnel accountability.

7. The POC for this request is [list name, phone number and email address].

[Name of RO] [Rank and branch of service or civilian grade of RO] [Position of RO. E.g., Commanding, Chief]

Last Name First Name Passport or Taskera Number/ Expiration Date

Doe [alphabetical] Jane 112456 [full] Doe John 124569

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Acknowledgement on LOAC, RUF, and ROE Training Example for DoD Contractors (U)

Figure 2 (U)

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DD Form 2760, Qualification to Possess Firearms or Ammunition for DoD Contractors (U)

Figure 3 (U)

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Example of Acknowledgement of Training, Responsibilities, Potential Liability and Conditions for Authorization to Carry Weapons for DoD Contractors (U)

[CONTRACTING COMPANY LETTERHEAD/ADDRESS]

[INSERT DATE]

MEMORANDUM FOR [Insert appropriate approval authority]

SUBJECT: Acknowledgement of Training, Responsibilities, Potential Liability and Conditions for Authorization to Carry Weapons

1. I, [insert MR./MS. FIRST, MI, Last here] hereby acknowledge by signing the following that:

a. I have been trained on the Rules for the Use of Force (RUF), Rules of Engageement (ROE), and the differences between the two. In particular, I understand that ROE are only for military use and that under no circumstances will I use ROE use of force decisions. I have also been trained on rules for the use of deadly force. I further acknowledge that the use of a firearm creates a potential for criminal and civil liability under U.S./Host Nation laws for me and my employer, subject to the current status of forces agreement and international laws.

b. I have been trained on the Law of Armed Conflict to include the proper treatment of noncombatants.

I understand that I must comply with the provisions of the Geneva Convention relative to the treatment of the sick and injured, prisoner of war, and civilians.

c. I have been trained and certified to U.S. Government standards on the use of the requested weapon(s).

d. The above training requirements are valid for 12 months from the date of the training. A lapse in the training requirements will automatically invalidate arming authorization.

e. I understand the requirement to report use of force, including, but not limited to, weapons discharges, deaths or injuries, destruction of property, lethal and non-lethal active responses to attacks, potential violations of the laws of war, and any other incidents to my first line military supervisor or civilian equivalent.

f. I will at all times comply with orders and instructions issued by the U.S. forces relating to force protection.

g. I am not disqualified under United States Code (USC) title 18, section 922 from handling a weapon or ammunition and have seperately completed a DD Form 2760.

h. I will not be armed if my judgement is impaired by any substance and, if otherwise permissible, I shall not consume alcohol or judgment-impairing substances within 8 hours before the start of a duty shift during which I am scheduled to carry a weapon.

i. I understand that I must at all times possess proof of authorization to be armed and that I may possess only those U.S. Government issued and/or approved weapons and ammunition that have been authorized for my possession by the [insert appropriate approval level] or his designee.

j. I understand that my authorization to carry weapons may be revoked for non-compliance with Department of Defense requirements or the RUF or may be suspended or revoked during a period of invetigation or following an incident or allegation.

k. A commander may suspend weapon’s authorization based on changed local conditions, or for the safety and security of a unit or installation.

2. As an authorized representative of [insert company name], I certify that all conditions above regarding eligibillty for arming of this individual have been met. A check of references and background has been conducted and supplied to the COR to further support the suitability of this individual to be armed in performance of this contract. Should any disqualifying conditions or actions be discovered, we will immediately take action to disarm and detain the individual as appropriate and notify the COR and the [insert appropriate approval level]. I understand that use of weapons by our employee could subject the company and its representatives to United States and Host Nation prosecution and and civil liability.

[Insert Title here] [Insert Company Name here]

Figure 4 (U)

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TAB D TO APPENDIX 8 TO ANNEX C TO USCENTCOM OPORD 05-03

SYNCHRONIZED PRE-DEPLOYMENT AND OPERATIONAL TRACKER (SPOT)

REQUIREMENTS FOR CONTRACTORS (U)

1. (U) Use of the Synchronized Pre-Deployment and Operational Tracker (SPOT) system supports congressional and DoD mandates to account for contractor personnel, including local nationals (LNs) and other country nationals (OCNs).

2. (U) The following requirements shall be complied with:

a. (U) All DoD contractors within the USCENTCOM AOR will continue to require full SPOT enrollment and SPOT generated letters of authorization (LOAs) prior to submission of an arming request or performing PSC functions.

b. (U) In cases in which policies, HN law, or international agreements prohibit biometric collection from certain nationalities, SPOT enrollment and SPOT generated LOAs will be used to provide reliable personal data necessary to meet reporting requirements and as a prerequisite to arming requests or performing PSC functions.

c. (U) In the case of LNs/OCNs who are not eligible for any LOA entitlements other than arming, the individual will be required to be fully enrolled and vetted against the biometrics enabled watch list prior to submission of any arming request or performing PSC work and input into SPOT. Commanders are responsible for biometrics enrollment of private security contractors who perform functions within their AOR.

d. (U) All PSCs will be registered in SPOT along with the contractor equipment used under the contract. Vehicles used by armed DoD contract security/PSC and DoD civilian personnel in the course of their security duties shall not be painted or marked to resemble U.S./coalition military and HN military and police/security force vehicles. Consistent with current threat conditions, ROs, CORs, and contracting officers shall ensure that PSCs maintain uniform standards that clearly distinguish their personnel from military or police forces.

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