Title: NSA Intelligence Relationship with Germany – Bundesnachrichtendienst (BND)

Release Date: 2014-06-18

Document Date: 2013-01-17

Description: This internal NSA briefing dated 17 January 2013 describes the current state of the US-German intelligence relationship and mentions that “The BND has been working to influence the German Government to relax interpretation of the privacy laws over the long term to provide greater opportunity for intelligence sharing”: see the Der Spiegel article New NSA […]

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National Security Agency/Central Security Service
Information Paper

17 January 2013

Subject: (StfREL TO USA, FVEY} NS A Intelligence Relationship with Germany -
Burulesnachrichtendienst (BND)

(S//SI//REL TO USA, FVEY) Introduction: NSA established a relationship with its
SIGINT counterpart in Germany, the BND-TA, in 1962, which includes extensive
analytical, operational, and technical exchanges. In the past year, Germany displayed
both eagerness and self-sufficiency in transforming its SIGINT activities and assumed
greater risk in support of U S. intelligence needs and efforts to improve information
sharing within the German government, with coalition partners, and NSA. The BND
supports NSA’s emerging counterterrorism (CT) intelligence relationship with the
German domestic services, taking steps to strengthen its SIGINT Development (SIGDEV
) capabilities to perform a key technical advisory and support role within Germany. Both
partnershaveagreedtomaintainani^ transnational organized

crime, counter narcotics

Special Interest Alien Smuggling (SIA), and U S. and coalition support to Afghanistan
(the Afghanistan SIGINT Coalition (AFSC)), In 2012, NSA welcomed BND President
Schindler’s eagerness to strengthen and expand bilateralcooperationan^
new analytic topics of mutual interest including Africa,^^^^^^^^^^^H and
co unter proliferation (CP)-r elated activities. In US.-German cyber activity, NSA continues
to encourage BND participation in foundational cyber defense discussions to
demonstrate its potential to provide a technical platform.

(S//NF) Information Assurance and Computer Network Defense Relationship with
Germany.

(S//NF) The Information Assurance Directorate (IAD) has a long-standing relationship
with the Bundesamt für Sicherheit in der Infbrmationstechnik (BSI) - the Federal Office
of Information Security. After the German Government announced their Cybersecurity
Strategy and identified BSI as the lead Agency for cyber defense, BSI expressed great
interest in expanding the information assurance (IA) partnership to include computer
network defense (CND) collaboration on cyber threats. Key Partners within the German
Government along with BSI, are Bundesamt für Verfassungsschutz (BfV), Federal Office
for Protection of the Constitution and BND. While BfV and BND have not been traditional
IA partners, the expansion to include CND will open additional opportunities to develop
relationships with the German agencies responsible for analysis and SIGINT. IAD and
the NSA/CSS Threat Operations Center (NTOC) may be able to leverage the formal
partnership the NSA Signals Intelligence Directorate (SID) is pursuing with BfV and its
already strong relationship with BND (which is providing SIGINT Support to CND for

Derived From: NSA/CSSM 1-52
Dated: 200701 OB
Declassify On: 20360301

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Germany’s cyber defense efforts.) A draft IA and CND Memorandum of Understanding
(MOU) for CND collaboration is in the coordination process at NSA, BSI and BND will
both be signatories.

1. (U) Key Issues:

* Issue #1: (S//SI//NF) The BND has been working to influence the German
Government to relax interpretation of the privacy laws over the long term to provide
greater opportunity for intelligence sharing. In the near term, NSA decided to right-
size its presence at the Joint SIGINT Activity (JSA) in Bad Aibling, Germany based
on current mission needs and fiscal realities. In May 2012 NSA turned over full
responsibility of the FORNSAT collection mission to the BND, allowing NSA’s
representational team to cultivate new cooperative opportunities with Germany.

* Issue #2: (S//SI//REL TO USA, FVEY) Chief, Special U S. Liaison Activity Germany
(SUSLAG), continues to work with DNI Representative Berlin on new CT initiatives
between NSA and the BfV and with other German domestic agencies as appropriate.
NSA has developed a significant level of trust and intelligence sharing with the BfV
since the 2007 arrests of the Islamic Jihad Union members in Germany which
resulted in regular U S.-German analytic exchanges and closer cooperation in
tracking both German and non-German extremist targets. NSA also has held several
m u It il ater al tech n i cal me etin g s with B N D/ BiM N S A/ CIA to i ntrod u ce SIG D E V
methodology and tradecraftto improve the BfV’s ability to exploit, filter, and process
domestic data accesses and potentially develop larger collection access points that
could benefit both Germany and the U S. The BND supports NSA’s emerging CT
intelligence relationship with the BfV, taking steps to strengthen its SIGDEV
capabilities to perform a key technical advisory and support role within Germany. To
facilitate cooperation, an NSA CT analyst, stationed in Berlin, occupies office space
in BfV headquarters one day per week to nurture the relationship and facilitate U S.
requirements. Likewise, the Germans developed a communications link improving the
connectivity between NSA and BfV/BND, as well as the timeliness of the intelligence
exchange.

* Issue #3: (S//NF) NSA IAD, SID and NTOC are interested in leveraging Germany’s
accesses and capabilities to discover threats and vulnerabilities which provide timely
warnings of attacks against U S. Government and critical infrastructure networks. In
December 2012, representatives from NTOC and FAD met with BSI and BND in
Germany for bilateral CND discussions. As a result of the engagement, an analytical
exchange was held in January 2013,

(U) Discussion:

* (S//NF) NS As in-country representative is the Chief, SUSLAG, located on Mangfall
Kaserne in Bad Aibling, Germany. SUSLAG has 18 personnel, consisting of 12 NSA
civilians and six contractors. NSA has plans to reduce the SUSLAG workforce to
approximately six personnel in FY 2013,

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* (S//SI//REL TO USA, FVEY) What we provide to the partner: NSA has provided a
significant amount of hardware and software at BND expense, as well as associated
analytic expertise to help the BIMD independently maintain its FORNSAT capability.
NSA also exchanges intelligence reporting on both military and non-military targets.

* (TS//SI//NF) What the partner provides to us: NSA is provided access to FORNSAT

communications supporting CN, and Weapons of Mass Destruction

(WMD) missions and is an important source of information on drug trafficking and
force protection in Afghanistan. The BND provides Igbo Ianouaoe support by
translating NSA collection of a high-value, time-sensitive target. NSAis

seeking the proper approvals to accept BND language support

In addition to the day-to-day collection, the Germans have offered
NSA unique accesses in high interest target areas.

(U> Success stories:

* (S//REL TO USA, FVEY) Germany has become an active participant in the AFSC,
working closely with other member countries and embracing the new AFSC Division
of Effort, under which each member country is responsible for covering a specific
area of interest to the AFSC and then sharing reporting and metadata on that area
with the other AFSC members. AFSC member countries include: the U S, UK,
Canada, Australia, New Zealand, Belgium, Denmark, France, Germany, Italy,

Norway, the Netherlands, Spain and Sweden.

* (TS//SI//REL TO USA, FVEY) Having modernized itscommunicationsinffastructure

in support of its unique FORNSAT GSM access in BND

became the third largest contributor to the Real Time-Regional Gateway (RT-RG)
analysis and processing tool,

* (S//REL TO USA, FVEY) The German government modified its interpretation of the
G-10 Privacy Law, protecting the communications of German citizens, to afford the
BND more flexibility in sharing protected information with foreign partners.

* (S//SI//RELTO USA, FVEY) The BND has provided unique sustained collection of
targets such as ^^^^vlinistry of Foreign Affairs (MFA),^^^H^I=A,^^^| Global
System for Mobile Communications (GSM), ^^^^GSM, and^H Voice over
Internet Protocol (VoIP).

* (TS/ZSIflNFf Problems/Challenaes with the partner: Since 2008 NSA has started to
foster other areas of cooperation with the BND to satisfy U S. intelligence
requirements at an appropriate level of investment. The BND’s inability to
successfully address German privacy law (G-10) issues has limited some operations,
but NSA welcomed German willingness to take risks and to pursue new opportunities
for cooperation with the U S, particularly in the CT realm. NSA is open to holding a
dialogue on topics to address mutual intelligence gaps, including

and CP-related activities.

(S//REL TO USA, FVEY) Prepared by: Country Desk Officer (CDO)

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Germany, DP11
^^^^^■lACDO, DP21

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