Title: Second Party National Identity Rules, continued

Release Date: 2015-03-08

Document Date: 2012-01-01

Description: This extract from a 2012 NSA document detailing how different Five Eyes countries define their own nationals shows that the GCSB allowed itself the right to surveil the governments of the Cook Islands and Nuie “but not their citizens”: see the Sunday Star Times article Snowden files: Inside Waihopai’s domes, 8 March 2015.

Document: SECRET//COMINT//REL TO USA, FVEY

(U) Second Party National Identity Rules, Continued

Section B.4. - (U) New Zealand: Government
Communications Security Bureau (GCSB)

B.4.1. (U) Government Communications Security Bureau (GCSB) New
Zealand Naming Policy

(U) New
Zealand
Naming Policy

NOTE: (U//FOUO) For the purposes of NZSID 7, the expressions
“foreign person” and “foreign organisation” do not include U.S., UK,
Australian or Canadian persons or organisations.

B.4.1.2. (U//FOUO) When there is any is doubt as to the nationality/status of
a person or entity, NSA should contact GCSB i^^J@gcsb.govt.nz) to
determine how to proceed.

B.4.1.1. (C//SI//REL) New Zealand Signals Intelligence Directive 7 (NZSID
7) ensures the collection, processing, retention, and dissemination of foreign
signals intelligence comply with the law and do not compromise the
legitimate privacy interests of New Zealand entities. It also recognizes long-
standing international practice by adopting the equivalent rules of the
Collaborating Agencies for the protection of their countries’ entities. Those
agencies in turn observe the rules of NZSID 7 in respect of New Zealand
entities.

B. 4.2. (U) Definitions

(U) Definitions B.4.2.1. (U//FOUO) The following definitions are relevant.

B.4.2.2. (U//FOUO) A New Zealand Person is:

• (U) a New Zealand citizen (i.e., a person holding or entitled to hold a
New Zealand passport, which includes Cook Islanders and Niueans)
residing anywhere; or

• (U) a citizen of any other country lawfully residing permanently in
New Zealand, which means a person who is, or is deemed to be, the
holder of a residence permit under the Immigration Act 2009.

B.4.2.3. (U) However, this does not include a person acting in his or her
capacity as an agent of a foreign power.

Continued on next page

SECRET//COMINT//REL TO USA, FVEY

SECRET//COMINT//REL TO USA, FVEY

(U) Second Party National Identity Rules, Continued

(U) Definitions, B.4.2.4. (U//FOUO) A New Zealand Organisation is:
cont.

• (U) a body that is wholly or majority owned, or controlled, by the
Government of New Zealand, regardless of where incorporated or
registered; or

• (U) a company or body corporate that is incorporated in New
Zealand; or

• (U) an unincorporated body of persons of which one or more
members are New Zealand persons.

B.4.2.5. (U) However, this does not include a body that is an extension of a
foreign government (e.g., the Bank of China) or of a foreign economic
interest (e.g., the Itochu Corporation).

B.4.2.6. (U//FOUO) New Zealand Entity means:

(U) the Government of New Zealand or a component thereof, a New Zealand
organisation, a New Zealand person, or a vessel or aircraft wholly or majority
owned or controlled by one of the former regardless of location or place of
registration.

B.4.2.7. (U) New Zealand includes:

• Ross Dependency

• Tokelau

NOTE: (U//FOUO) The governments of Cook Islands and Nuie may be
targeted, but not their citizens since they are entitled to hold New Zealand
passports.

B.4.2.8. (U) Agent of a Foreign Power means a New Zealand person acting
in his or her capacity as an agent or a representative of a foreign entity.

Continued on next page

SECRET//COMINT//REL TO USA, FVEY

SECRET//COMINT//REL TO USA, FVEY

(U) Second Party National Identity Rules, Continued

B.4.3. (U) Dissemination

(U) Dissem- B.4.3.1. (U//FOUO) Disseminated SIGINT must focus on the foreign

ination intelligence. Except as provided by paragraph C.4.3.4. below, foreign

intelligence information concerning New Zealand or Collaborating Country
entities is to be worded in a manner that neither names, nor specifically
identifies them. Generic terms should be substituted (e.g., “a New Zealand
citizen,” “a New Zealand company,” “a New Zealand container ship”).

(U) New
Zealand
Government
Officials

B.4.3.2. (U//FOUO) New Zealand Government officials, acting in their
official capacity, may be identified as specified below, but only if such
identification is necessary to understand the foreign intelligence or assess its
significance:

• (U//FOUO) government ministers, departmental chief executives, and
other senior officials may be identified by the titles of their office
(e.g., “the New Zealand Prime Minister,” “New Zealand’s Minister of
Defence,” “the New Zealand Secretary of Foreign Affairs and Trade,”
“New Zealand’s Chief of Defence Force,” or “the New Zealand High
Commissioner in Ottawa”);

• (U//FOUO) other government officials may be identified generically
and in association with their department (e.g., “a New Zealand
Customs inspector,” “a New Zealand Navy officer,” or “a New
Zealand Foreign Affairs and Trade official”);

• (U//FOUO) “members” or “a member of the New Zealand
Parliament” may be identified as such, but without specification of
political party affiliation, committee membership, or other
parliamentary roles; and

• (U//FOUO) “local body officials” or “an official” may be identified
as such and in association with the relevant locality (e.g., “a local
body official in Auckland”). Titles such as Mayor or Councilors
should not be used.

Continued on next page

SECRET//COMINT//REL TO USA, FVEY

SECRET//COMINT//REL TO USA, FVEY

(U) Second Party National Identity Rules, Continued

(U) New
Zealand
Government
Officials, cont.

B.4.3.3. (U) The following table contains associated terms to use.

UNCLASSIFIED//FOR OFFICIAL USE ONLY

Type of Identity Generic Term
Government ministers, departmental chief executives, and other senior officials By the titles of their office
Local body officials “a local body official in (include locality)”
A private New Zealand individual “a New Zealand citizen”
A New Zealand company “a New Zealand company”

UNCLASSIFIED//FOR OFFICIAL USE ONLY

B.4.3.4. (U) Contact: Please email @gcsb.govt.nz for any

guidance you may need.

(U) Agent of a B.4.3.5. (U//FOUO) A New Zealander may be a target for collection and/or
Foreign Power reporting by GCSB strictly in his/her foreign person capacity, but only with
the express prior approval of the Director GCSB, on the basis of legal advice.
In accordance with Section 14 of the GCSB Act 2003, the personal
communications of an agent of a foreign power, made in his/her capacity as a
private citizen, are non-foreign communications and are not to be intercepted.

• (U//FOUO) a New Zealander serving as an official of a foreign power
or an international organisation may be identified by title (under an
Agent of a Foreign Power authorization) if use of the title is necessary
to understand the foreign intelligence.

(U) New
Zealand
Defence Force
Assets

B.4.3.6. (U//FOUO) New Zealand Defence Force assets may be specifically
identified in SIGINT reporting, if such identification is necessary:

• for situational awareness and deconfliction purposes; or

• to understand foreign intelligence or assess its significance.

Continued on next page

SECRET//COMINT//REL TO USA, FVEY

SECRET//COMINT//REL TO USA, FVEY

(U) Second Party National Identity Rules, Continued

(U) Permitted
Identification

a) (U//FOUO) is needed to report:

• the jeopardy of a person’s life or physical safety;

• the planning, commission or aiding and abetting of acts of terrorism,
espionage, sabotage or subversion;

• prejudice to the economic well-being or international well-being of
New Zealand;

• active interference by a foreign entity in New Zealand’s domestic or
international affairs;

• the unauthorized disclosure of official information affecting the
national security of New Zealand or a Collaborating Country; or

• the commission or intended commission of a criminal offense; or

b) (U//FOUO) is limited to information in relation to which the New
Zealand entity concerned has no reasonable expectation of privacy.
Such information is not to be further commented or elaborated on,
either expressly or by implication. Such information includes but is
not limited to:

• the title of a published work and the name of the author;

• the name of a business when the business is not itself the subject of a
report; and

• the name of a newspaper as the source of a quote.

B.4.3.7. (U//FOUO) Disseminated SIGINT may specifically identify New
Zealand or Collaborating Country entities with the express prior approval of
the Director GCSB, and the relevant Collaborating Agency as appropriate, if
such identification either:

(U) Email B.4.3.8. (C//SI//REL) An email address associated with a New Zealand server

Addresses (i.e., abcd@efgh.co.nz) is presumed to be that of a New Zealand organisation

or person unless clear evidence exists that the party using the “.nz” address is
in fact foreign. Email addresses on New Zealand servers used by foreigners
may be identified. Location is irrelevant; the nationality of the party not
his/her location is the determining factor.

SECRET//COMINT//REL TO USA, FVEY


e-Highlighter

Click to send permalink to address bar, or right-click to copy permalink.

Un-highlight all Un-highlight selectionu Highlight selectionh