5 FAM 480
Classifying and Declassifying National SecurityInformation—Executive Order 13526
(CT:IM-226; 10-31-2018)
(Office of Origin: A/GIS/IPS)
5 FAM 481 GENERAL
5 FAM 481.1 POLICY AND PURPOSE
(CT:IM-205; 11-22-2017)
a. This subchapter sets forth the procedures to befollowed in the Department to implement Executive Order 13526, ClassifiedNational Security Information (“the order”). This sub-chapter supplements andexpands upon the Department’s national security information regulationsappearing in Title 22 Code of Federal Regulations Part 9 (see 5 FAM 481.3,below).
b. E.O. 13526 establishes a uniform system forclassifying, marking, safeguarding, and declassifying national securityinformation; i.e., information the unauthorized disclosure of which couldreasonably be expected to cause damage to the national defense or foreignrelations of the United States. The order is intended to keep to a minimum theamount of information that is classified and the length of time it remainsclassified, as well as to facilitate its eventual declassification.
c. The full text of E.O. 13526, which supersedes allprevious Executive Orders on the subject, is on the Government Printing Office(GPO) website. The implementing Directive by the Information SecurityOversight Office may be found at 32 CFR 2001.
5 FAM 481.2 Scope and Applicabilityof E.O. 13526
(CT:IM-205; 11-22-2017)
a. E.O. 13526 applies to the creation, use, handling,and declassification of classified information as well as access to suchinformation. It applies to all classified information, regardless of physicalformat, and includes photographs, emails, tapes, web pages, and any other itemscreated by Department personnel or contained in the files of the Department.It does not apply to information that is not classified but that may requireprotection, including withholding under the Freedom of Information Act or otherlaw, such as information pertaining to law enforcement, information protectedby attorney-client or attorney-work product privilege, or privacy, confidentialcommercial, or sensitive deliberative information. Such information, though itis not classified national security information, may bear administrativedesignations such as Sensitive But Unclassified (SBU), Personally IdentifiableInformation (PII), Critical Infrastructure Information (CII), or ControlledUnclassified Information (CUI) which is being implemented to replace SBU, andother labels indicating that it requires protection from public disclosure.
b. Restricted data (RD) and formerlyrestricted data (FRD): E.O. 13526 does not supersede the AtomicEnergy Act of 1954, as amended, and “RD” and “FRD” must be handled, protected,classified, downgraded, and declassified in conformity with the provisions ofthe Atomic Energy Act of 1954, as amended, and regulations issued under that act.RD concerns the design, manufacture, or utilization of atomic weapons; theproduction of special nuclear material, e.g., enriched uranium or plutonium; orthe use of special nuclear material in the production of energy. FRD isrelated primarily to the military utilization of atomic weapons. TheDepartments of Energy and Defense oversee the Federal government’s programsconcerning RD and FRD.
5 FAM 481.3 Implementation andReview
(CT:IM-223; 10-25-2018)
a. E.O. 13526 requires agencies to designate a senioragency official who will be responsible for implementation of the order,including implementing instructions and education and training. In theDepartment, the Secretary of State has designated the Under Secretary forManagement (M) as the senior agency official.
b. The responsibility for implementation of the orderis shared by the Bureau of Administration (A) and the Bureau of DiplomaticSecurity (DS). The Office of Information Security (DS/SI/IS) is responsiblefor all aspects of the protection and safeguarding of classified informationand of special access programs under the purview of the Secretary of State("Department special access programs"). DS/SI/IS also sets policyfor captions that may go after the TS, S, or C marking (i.e., ORCON, RELTO, andNOFORN distribution restrictions). See 12 FAM 536.7 for guidance. The A bureau, specificallyA/GIS/IPS, is responsible for other aspects of implementation of E.O. 13526,including the classification, declassification, and marking of informationclassified under the order as well as training and guidance in classificationand declassification.
c. E.O. 13526 provides that the director of theInformation Security Oversight Office (ISOO), under the direction of thearchivist of the United States and in consultation with the assistant to thePresident for National Security Affairs, shall issue directives necessary toimplement the order. The ISOO director has issued a directive (32 CFR 2001)that sets forth in some detail procedures for implementing various provisionsof E.O. 13526. This subchapter (5 FAM 480)reflects many of the requirements of the ISOO directive and of the Department’snational security information regulations appearing in Part 9 of Title 22 ofthe Code of Federal Regulations (22 CFR 9). 22 CFR 9 sets forth theDepartment’s regulations regarding classification and declassification ofnational security information, including derivative classification andclassification challenges. Code of Federal Regulations provisions pertainingto certain information access aspects of E.O. 13526, such as systematic andmandatory declassification review, may be found in 22 CFR 171.
d. E.O. 13526 establishes an Interagency SecurityClassification Appeals Panel (ISCAP). Since its creation, the Deputy AssistantSecretary (DAS) for A/GIS has been the Department's memberon the ISCAP. The Office of Information Programs and Services (A/GIS/IPS) hasprovided support to the member and provided liaisons and alternate members.The ISCAP is charged with the responsibility for ruling on:
(1) Classification challenge appeals;
(2) Agency requests for exemption from automaticdeclassification; and
(3) Mandatory declassification appeals by individuals.
e. Each Department employee and contractor isresponsible for knowing and following the requirements of E.O. 13526, 12 FAM 500(Information Security), as well as this subchapter.
5 FAM 481.4 Special Access Programs
(CT:IM-117; 06-16-2011)
As required by Section 4.3(b)(4) of E.O. 13526, theofficials responsible for any Department special access programs (SAPs) willannually submit to the Secretary or a Deputy Secretary an explanation for theexistence of and justification for the continued operation of those SAPs sothat the Secretary or a Deputy Secretary may determine whether those programscontinue to meet the requirements of the order.
5 FAM 482 CLASSIFICATION OF NATIONALSECURITY INFORMATION
5 FAM 482.1 Requirements forClassification
(CT:IM-205; 11-22-2017)
a. Information that warrants classification under E.O.13526 may be classified:
(1) By persons to whom original classificationauthority has been delegated (see 5 FAM 482.2below), and
(2) Derivatively on the basis of the originalclassification of the information by an authorized classifier or pursuant tothe Department’s Classification Guide (see 5 FAM 482.3below).
NOTE: Authorization toclassify information at a specified level includes authorization to classifyinformation at a lower level.
b. Original classification: Information may beoriginally classified under E.O. 13526 only if all the following conditions aremet:
(1) An original classification authority (OCA) isclassifying the information;
(2) The information is owned by, produced by or for,or is under the control of the U.S. Government;
(3) The information falls within one or more of thecategories of information listed in section 1.4 of E.O. 13526 (see 5 FAM 482.5,below); and
(4) The OCA determines that the unauthorizeddisclosure of the information reasonably could be expected to result in damageto the national security that can be identified or described.
c. Derivative classification: Information may beclassified derivatively in two ways:
(1) By reproducing, extracting, or summarizingclassified information or applyingclassification markings derived from the source material, or
(2) As directed by the Classification Guide (see 5 FAM 482.3,below).
NOTE: Persons who classifyinformation derivatively need a security clearance, but need not possessoriginal classification authority.
5 FAM 482.2 Original ClassificationAuthorities (OCA)
(CT:IM-205; 11-22-2017)
a. Top Secret classification authorities: Pursuant tosection 1.3 of E.O. 13526 and the delegations made thereunder by the Secretary,those occupying various positions in the Department and at posts abroad havethe authority to classify information originally as Top Secret. The positionsinclude the Secretary, the Deputy Secretaries, the Under Secretaries, assistantsecretaries, and some executive level IV officials and their deputies; chiefsof mission, Charges d’affaires, and U.S. Representatives to variousinternational organizations.
b. Secret and confidential classification authorities:Pursuant to section 1.3 of E.O. 13526 and the delegations made thereunder bythe Secretary or the senior agency official,those occupying various positions in the Department and at posts abroad havethe authority to classify information originally as Secret or Confidential.The positions include deputy assistant secretaries in the Department; deputychiefs of mission abroad, and principal officers at consulates general andconsulates abroad.
c. A complete listing of Top Secret and SecretOriginal Classification Authorities may be found on the Intranet. All OriginalClassification Authorities must receive training on proper classification anddeclassification at least once a year, pursuant to section 1.3 of E.O. 13526.
d. A/GIS/IPS will review the lists of Top Secret andSecret original classification authorities each year, comparing these lists tothe Department's current structure to determine if the lists are current andaccurate. When updates to the lists are required, A/GIS/IPS will send theupdated lists for approval to the Under Secretary for Management for Secretlevel original classification authorities and to the Secretary of State for TopSecret level original classification authorities.
5 FAM 482.3 DerivativeClassification Authority
(CT:IM-205; 11-22-2017)
a. Using the Department’s Classification Guide.asexplained in Part 2 of E.O. 13526, derivative classification is permitted whereclassification decisions are made in accordance with the instructions containedin an agency Classification Guide. The Department’s Classification Guide,which may be found on CLASSNET, provides detailed guidance on the properclassification of the types of information most frequently classified by theDepartment. Use of the Classification Guide is the preferred method ofclassification and is intended to ensure uniformity and conformity withgovernment-wide classification standards. While classifying information basedon the Classification Guide is a form of derivative classification, it isdifferent from restating or otherwise using information that is alreadyclassified (see 5FAM 482.3 paragraph b, below). As with the person who reproduces,extracts, or summarizes information that is already classified, the person whoapplies classification markings based on or as directed by a ClassificationGuide need not possess original classification authority. However, it isessential that the material being classified and the level and duration ofclassification fit within the provisions for classification set forth in theClassification Guide, including the general prohibition against derivativelyclassifying information for more than twenty-five years on the basis of aClassification Guide except for information that should clearly anddemonstrably be expected to reveal the identity of a confidential human source,a human intelligence source, or key design concepts of weapons of massdestruction, and specific information incorporated into Classification Guidesin accordance with section 2.2(e) of E.O. 13526. The order also requires thatderivative classifiers be identified by name and position (or personalidentifier) on the classified information. Department derivative classifiersare required to receive training on the proper application of derivative classificationprinciples annually or their derivative classification authority will besuspended until they receive such training.
b. Using information that is already classified: Anotherform of derivative classification is the incorporating, paraphrasing,restating, or generating in a new form information that is already classifiedand then marking the newly developed material consistent with the classifiedmarkings that apply to the source information. Although persons who reproduce,extract, or summarize classified information need not possess originalclassification authority, they must observe and respect the originalclassification decisions and carry forward to any newly created documents thepertinent classification markings (see 5 FAM 482.11,below). When information assigned a level of classification lacks requiredmarkings (e.g., the declassification date is missing, no reason is stated,etc.) derivative classifiers should remedy the error. If classifiers have aquestion when remedying the error, they should ask the first OCA in theirsupervisory chain or email classification@state.gov or, if classifiedinformation is contained, email classification@state.sgov.gov. All sources forderivatively classified information must be identified; when multiple sourcesare noted, a list of all sources must be included with the new classifieddocument.
c. If an employee, contractor, licensee, certificateholder, or grantee of the Department originates information that is not markedas classified, but which an employee believes should be classified, he or sheshould first consult the Department of State Classification Guide to see if theinformation in question is covered by the guide. If the guide does not addressthe information in question, the employee must protect the information asthough it were classified and forward the document(s) to the first OCA in hisor her chain of command with a request that the OCA make a determination aboutthe classification status of the information. The OCA shall render a decisionon the classification status of the information within 30 days and providewritten notification to the originator of the information. The OCA willconsult with any necessary subject matter experts, including those at otheragencies.
5 FAM 482.4 Classification Levels
(CT:IM-117; 06-16-2011)
a. Information may be classified at one of the threelevels described below. Except as otherwise provided by statute (e.g., theAtomic Energy Act for restricted data and formerly restricted data), no otherterms may be used to identify United States classified information. If thereis significant doubt about the appropriate level of classification, it shouldbe classified at the lower level.
b. “Top Secret” applies to information, theunauthorized disclosure of which reasonably could be expected to causeexceptionally grave damage to the national security that the OCA is able toidentify or describe.
c. “Secret” applies to information, the unauthorizeddisclosure of which could reasonably be expected to cause serious damage to thenational security that the OCA is able to identify or describe.
d. “Confidential” applies to information, theunauthorized disclosure of which reasonably could be expected to cause damageto the national security that the OCA is able to identify or describe.
5 FAM 482.5 ClassificationCategories
(CT:IM-117; 06-16-2011)
a. In order to classify information, it must pertain toone of the following:
(1) Military plans, weapons systems, or operations;
(2) Foreign government information;
(3) Intelligence activities (including covert action),intelligence sources or methods, or cryptology;
(4) Foreign relations or foreign activities of theUnited States, including confidential sources;
(5) Scientific, technological, or economic mattersrelating to the national security;
(6) U.S. programs for safeguarding nuclear materialsor facilities;
(7) Vulnerabilities or capabilities of systems,installations, infrastructures, projects, plans, or protection servicesrelating to the national security; or
(8) The development, production, or use of weapons ofmass destruction.
b. The Department’s Classification Guide containsdetailed descriptions of the types of information most frequently encounteredat the Department that fall within one or more of these categories.
5 FAM 482.6 Foreign GovernmentInformation
(CT:IM-205; 11-22-2017)
a. For the Department and the Foreign Service, the mostimportant category of national security information is foreign governmentinformation (FGI). FGI is defined in E.O. 13526 as:
(1) Information provided to the United States by aforeign government or an international organization of governments or anyelement thereof with the expectation that the information, its source, or bothare to be held in confidence; or
(2) Information produced by the U.S. under aninternational arrangement requiring that the information or the arrangement beheld in confidence.
b. FGI may be included in diplomatic notes, aidememoires, non-papers, memcons, telegrams, emails, or other documents reportingconversations with foreign government officials. When in the form of adiplomatic note or other written communication from a foreign governmentofficial, it may well not bear any foreign government security classification.It may, nevertheless, require protection and, therefore, require a U.S.security classification to appropriately protect the information. For how FGIshould be identified and marked, see 5 FAM 482.10paragraph f, below.
c. As provided in section 1.1(d) of E.O. 13526, theunauthorized disclosure of FGI is presumed to cause damage to the nationalsecurity.
d. Recipients of FGI must provide a degree ofprotection for that information at least equivalent to that required by theforeign government or the international organization that provided theinformation. When adequate to achieve the required protection, FGI may behandled under standards that are less restrictive than the safeguardingstandards that ordinarily apply to U.S. “Confidential” information, includingmodified handling and transmission and allowing access to individuals with aneed-to-know who have not otherwise been cleared for access to classifiedinformation or executed an approved nondisclosure agreement. For moreinformation on modified handling procedures, see 12 FAM 534.1 paragraph (d). Questions about this aspect of E.O.13526 should be addressed to DS/SI/IS or the Office of the Legal Adviser (L).
e. Foreign government information provided pursuant toan existing treaty, agreement, bilateral exchange, or other process may requireprotection in addition to that established for U.S. classified information.For example, the release or disclosure of foreign government information to anythird-country entity may require the prior consent of the originatinggovernment.
f. To obtain authorization to disclose classifiedinformation originating in the United States to foreign governments, includinginformation with dissemination controls, follow the procedure in 12 FAM 536.6-4. For detailed instructions on internationalinformation sharing arrangements, see 11 FAM 500.
5 FAM 482.7 Duration ofClassification
(CT:IM-205; 11-22-2017)
a. At the time of original classification, theclassifier must establish a specific date or event for declassification basedon the duration of the national security sensitivity of the information.
b. If unable to determine a date or event less than 10years out, a declassification date that is 10 years from the date of originshould be assigned unless the classifier determines that the national securitysensitivity of the information will exceed 10 years, in which case a date orevent not to exceed 25 years should be assigned.
c. The only circ*mstances in which information may beoriginally classified for more than 25 years are in order to protect aconfidential human source or a human intelligence source or key design conceptsof weapons of mass destruction in which case such information may be originallyclassified for up to 75 years (see section 3.3(h) of E.O. 13526 and 32 CFR2001.12 paragraphs (a)(2)(i) and (ii)). This limitation, however, does notpreclude extension of classification by an OCA beyond 25 years at some laterdate (see 5 FAM482.8, below). Both OCAs and derivative classifiers using the Departmentof State Classification Guide should mark the duration for classification ofhuman sources as 50X1-HUM or 50X2-WMD as appropriate (X1 and /or 25X1-human areno longer used).
d. All information classified under the order andcontained in records of permanent historical value under Title 44, U.S.C., issubject to the automatic declassification provisions of section 3.3 of E.O.13526 (see 5FAM 484.1,below).
e. No information may remain classified indefinitely.Information classified under a previous order and marked for an indefiniteduration of classification (e.g., information marked “OADR” for “OriginatingAgency’s Determination Required”) or classified with incompletedeclassification instructions will be subject to automatic declassification 25years from its origination or initial classification (not its derivativeclassification) in accordance with section 3.3 of E.O. 13526.
f. When classifying information derivatively from analready classified source, if a duration of classification is missing, thederivative classifier should insert a valid declassification instruction inYYYYMMDD format not to exceed 25 years from the date of the source document or25 years from the date of the current document if the date of the sourcedocument is unknown. Documents that identify a confidential human source orhuman intelligence source, or key design concepts of weapons of mass destructionshould carry the 50X1-HUM or 50X2-WMD marking.
5 FAM 482.8 Extending the Durationof Classification
(CT:IM-117; 06-16-2011)
Only an original classification authority withjurisdiction over the information may extend the duration of its classification.Extending the duration of classification requires that all the substantive andprocedural requirements for original classification be met, and the extensionof classification may not exceed 25 years from origination unless all therequirements of section 3.3 of E.O. 13526 for exempting information fromautomatic declassification at 25 years are met (see 5 FAM 484.1,below).
5 FAM 482.9 ReclassifyingInformation
(CT:IM-205; 11-22-2017)
a. As a general rule, information that has beendeclassified or marked as unclassified or that is unmarked may be classified orreclassified at any time if:
(1) It otherwise meets the requirements for classification;and
(2) It has not been previously released to the publicunder proper authority.
NOTE: However, if theinformation is the subject of a request under the Freedom of Information Act,the Privacy Act, the Presidential Records Act, or the mandatorydeclassification review provisions of E.O. 13526, Section 1.7(d) of the orderstates that it may be classified or reclassified only if such classification orreclassification is accomplished under the direction of the Secretary, a DeputySecretary, or the senior agency official designated under section 5.4 of theorder (which, in the Department, is the Under Secretary for Management (M)). Mhas delegated the authority and responsibility for classification actions undersection 1.7(d) to the Deputy Assistant Secretary for Global InformationServices (A/GIS) and the director of the Office of Information Programs andServices (A/GIS/IPS). When classifying or reclassifying such information, itshould be marked in the same way as if it were being originally classified (see5 FAM 482.10,below).
b. Information that has been declassified and releasedunder proper authority may be reclassified only if:
(1) The information may be reasonably recovered;
(2) The reclassification is approved by the secretary;and
(3) The reclassification action is promptly reportedto the national security advisorand the director of ISOO.
5 FAM 482.10 Identification andMarkings for Original Classification
(CT:IM-226; 10-31-2018)
a. Classified information must be uniformly andconspicuously marked in order to leave no doubt about the classified status ofthe information, the level of protection required, and the duration of theclassification.
b. On the face of each originally classified document,regardless of media, the original classification authority (OCA) must apply thefollowing markings:
(1) At the top and bottom of the document or othermedia, the overall classification;
(2) On the “classified by”line, the identity by name and position or by personal identifier, of the OCA,followed by the office, bureau, or post, and agency of origin, if not otherwiseevident;
(3) On the “reason” line, thebasis for classification; i.e., one of the classification categories set forthin section 1.4 of E.O. 13526 (and in 5 FAM 482.5above) and shown by writing the number 1.4 followed by the letter of eachapplicable category;
(4) On the “declassify on”line, the duration of the classification as shown by the date or event at whichit will become unclassified, or 50X1-HUM or 50X2-WMD markings.
EXAMPLE OF ORIGINAL CLASSIFICATION MARKING
Classified By: June Jones, DAS, M/OFM
Reason: 1.4(b) and (d)
Declassify On: 20160303
c. Each portion of a document containing classifiedinformation, ordinarily a paragraph but including the subject line, headers,summaries, tables or graphics, must be marked to indicate its classificationlevel, or that it is unclassified, by placing one of the parenthetical symbolslisted below immediately preceding the portion to which it applies. Subjectline and header portion markings may appear after the text.
MARKING SYMBOLS
(TS) = Top Secret (S) = Secret
(C) = Confidential (SBU) = Sensitive But Unclassified (U) =Unclassified
d. The highest classification level of informationcontained in a document determines the overall classification level of thedocument. The overall classification should be placed at the top and bottom ofall pages of a document including the cover, if any.
e. A transmittal document should indicate on its facethe highest classification level of any document attached or enclosed. Adocument transmitting classified documents is often, by itself, unclassified orclassified at a lower level than the documents it is transmitting. In such acase, it should also carry conspicuously on its face the following instruction,as appropriate.
EXAMPLES OF TRANSMITTAL MARKINGS
Unclassified when classified attachment is removed
Or
Upon removal of attachments, this document is [Unclassified/ClassificationLevel].
f. As noted in 5 FAM 482.6above, foreign government information (FGI) requiring protection may appear ina foreign government’s documents with or without a security classificationmarking by that government. It is the responsibility of the recipient U.S.agency to mark such FGI requiring security classification protection with theappropriate level of U.S. security classification marking.
g. For State Department documents, it will generally beevident from the text or the documents’ security classification “reason”marking, e.g., “1.4(b),” that they contain FGI. In the unusual circ*mstancewhere the presence of FGI is not evident, the document shall be marked “ThisDocument Contains [country of origin] Information,” or simply “contains FGI” ifthe identity of the foreign government must be concealed. A separate recordidentifying the foreign government shall be maintained to facilitate eventualdeclassification. If the fact that the information is foreign governmentinformation must be concealed, the document should be marked as if it werewholly of U.S. origin. While other agencies are required to indicate allindividual portions containing FGI, the Department has a waiver from ISOO fromthis requirement. However, Department classifiers incorporating otheragencies’ FGI marked materials should carry forward those FGI portion markings.
h. Working papers or drafts, regardless of media,containing classified information shall be dated when created and marked withthe highest classification of information contained therein, protected at thatlevel, and if otherwise appropriate destroyed when no longer needed. Workingpapers must be controlled and marked in the same manner prescribed for afinished document at the same classification level if they are released by theoriginator outside the originating agency, retained for more than 180 days fromthe date of origin, or filed permanently.
i. Particular care must be taken to insure that anyspecial media, such as floppy disks, CD-ROMs, flash drives, audio or visualtape cartridges, or equipment, are clearly marked so as to show theclassification status of the material, the level of protection required, andthe duration of the classification.
j. Information marked with a classification levelunder this or predecessor orders should be considered classified at that levelof classification despite the omission of other required markings. Wheneversuch information is used in the derivative classification process or is reviewedfor possible declassification, holders of such information should coordinatewith an appropriate classification authority (e.g., A/GIS/IPS) for theapplication of the omitted markings.
k. If the classified information in a document,including an email, constitutes a smallportion, the classification authority should consider using a separate classifiedaddendum or separate email.
5 FAM 482.11 Identification andMarkings for Derivative Classification
(CT:IM-117; 06-16-2011)
a. Information classified derivatively using theDepartment’s Classification Guide should be marked in accordance with theinstructions in the Classification Guide.
EXAMPLE
Classified By: June Jones, Director A/GIS/IPS
Derived From: Department of State Classification Guide, 11-01, B
Declassify on 20150312
or
Classified By: June Jones, Director A/GIS/IPS
DRV from DSCG 11-01, B
Declassify on 20150312
b. Information classified derivatively byincorporating, paraphrasing, restating, or generating in a new form informationthat is already classified should concisely identify the agency/office oforigin and the date of the source on the “Derived From” line.
EXAMPLES
Derived From: DOS Memo, “Funding Issues,” 10/20/03, AF to IO
or
Derived From: Multiple Sources, last dated 01/05/04
The derivative classifier should maintain with the file orrecord copy of the derivatively classified document a listing of the sourcesused, but it is not necessary to transfer the reason(s) for the originalclassification decision to the derived document.
c. The declassification instructions from the sourcedocument should be carried forward to the derivatively classified document.When a document is derivatively classified from multiple sources, thedeclassification date or event should be the longest declassification date orevent of any of the sources. When the document is derivatively classified froma source marked “OADR” or a source showing any of the 25-year exemptionmarkings X1 through X9 (see 5 FAM 485.2,below), the derivative classifier shall carry over the human source exemptionor calculate a date that is 25 years from the date of the (latest) sourcedocument when determining the derivative document’s date or event to be placedon the “Declassify On” line.
EXAMPLES OF DURATION MARKINGS
Declassify On: 20201020 Source Marked “OADR;” dated10/20/95.
Declassify On: 20280513 Source Marked “X2” and “X8;” dated05/13/03.
Declassify on 20361228 (Calculate 25 year max when sourceunmarked)
5 FAM 482.12 ClassificationProhibitions
(CT:IM-205; 11-22-2017)
E.O. 13526 prohibits classifying information to concealviolations of the law, inefficiency, or administrative error; to preventembarrassment to a person, organization, or agency; to restrain competition; orto prevent or delay the release of information that does not require protectionin the interest of national security. However, the order does permitclassification of information concerning the “foreign relations or foreignactivities of the United States,” so classification of some information thatarguably falls within one of the categories above might nonetheless bewarranted.
5 FAM 483 UPGRADING/DOWNGRADINGCLASSIFIED INFORMATION
5 FAM 483.1 General
(CT:IM-117; 06-16-2011)
a. Upgrading means changing the level of classifiedinformation to a higher level of classification (e.g., Confidential toSecret). Downgrading means changing the level of classified information to alower level (e.g., Secret to Confidential). Downgrading does not includedeclassification of information.
b. Information may be upgraded or downgraded by:
(1) The official who authorized the originalclassification, if that official is still serving in the same position;
(2) The successor in function to the official whooriginally classified the information;
(3) A supervisory official of either; or
(4) Officials delegated such authority in writing bythe Secretary of State or the Under Secretary for Management.
NOTE: However, information may beupgraded to or downgraded from Top Secret only by those possessing original TopSecret classification authority or otherwise authorized to make such a changein classification.
5 FAM 483.2 Marking Changes inClassification Level
(CT:IM-205; 11-22-2017)
Documents whose classification level has been changed,such as by upgrading or downgrading, must be marked accordingly. Any previousmarkings that do not apply must be crossed through and new markings applied.Portion markings must also be changed as required, and the “Classified by” linerevised to show the date of the action and the authority for change.
EXAMPLE OF UPGRADING/DOWNGRADING MARKING
Classified by June Smith, Chief, Programs and Policies Division, A/GIS/IPS/PP
Reason: 1.4(b) and (d)
Declassify on 05/03/16
Downgraded to [e.g., CONFIDENTIAL] by John Jones, DAS, A/GIS, January 1, 2010
DECL: 20210503
5 FAM 483.3 Handling of DocumentsUpgraded to Confidential or Secret
5 FAM 483.3-1 Background
(CT:IM-162; 05-29-2015)
a. Executive Order (E.O.) 13526 on Classified NationalSecurity Information prescribes a uniform system for classifying, safeguarding,and declassifying national security information.
b. When information has been requested under theFreedom of Information Act (FOIA), it may be classified only under the morerestricted terms of Section 1.7(d) of E.O. 13526. This process is commonlyreferred to as an “upgrade” or as “upgrading” information. Section 1.7(d) of E.O.13526 states:
(d) Information that has not previously beendisclosed to the public under proper authority may be classified orreclassified after an agency has received a request for it under the Freedom ofInformation Act (5 U.S.C. 552), the Presidential Records Act, 44 U.S.C.2204(c)(1), the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory reviewprovisions of section 3.5 of this order only if such classification meets therequirements of this order and is accomplished on a document-by-document basiswith the personal participation or under the direction of the agency head, thedeputy agency head, or the senior agency official designated under section 5.4of this order. The requirements in this paragraph also apply to thosesituations in which information has been declassified in accordance with aspecific date or event determined by an original classification authority inaccordance with section 1.5 of this order.
5 FAM 483.3-2 Standard OperatingProcedure
(CT:IM-205; 11-22-2017)
a. Information that is identified during a FOIA reviewmay be considered for classification.
b. A classification memorandum is drafted for the UnderSecretary for Management, the Deputy Assistant Secretary for GlobalInformation Services, or the director of the Office of Information Programs andServices in the Bureau of Administration (A) who have been delegated theauthority to upgrade information following this process.
c. The memorandum is then reviewed.
d. If the memorandum is approved, the information isclassified or reclassified.
e. Custodians of the information will be notified thatthe information has been classified or reclassified; this is done so that theinformation is appropriately handled from that point forward.
f. The information will be removed from certainsystems/networks and placed in appropriate systems/networks.
5 FAM 483.3-3 Notification Text
(CT:IM-162; 05-29-2015)
The following instructions should be sent to Department ofState personnel following the classification of a document as Confidential orSecret pursuant to section 1.7(d) of Executive Order 13526 and 5 FAM 482.9 inconnection with a request under the Freedom of Information Act. In general,these instructions should be sent to any and all individuals who are identifiedas having sent or received the newly classified document:
(1) Begin text of instructions to current employees asfollows: You are receiving this message because information that waspreviously unclassified and that may be in your possession has since beenclassified as Confidential or Secret pursuant to Executive Order 13526, section1.7(d), in connection with a request under the Freedom of Information Act(FOIA). A copy of the document(s) as redacted for FOIA is attached to thisemail. This is intended to help you find any versions of the document in yourpossession; and
(2) Steps to follow:
(a) Forward this message to your information systemssecurity officer (ISSO);
(b) Conduct an electronic search;
(c) Locate any electronic copies of the document in yourpossession. Keep in mind that you may have saved copies of messages in emailarchives or folders, including your sent folder;
(d) If you locate a copy of the document on OpenNet,determine if the document should be preserved if, for example, you have acontinuing need to access the information; it is a Federal record; or it is thesubject of litigation or other legal hold. If so, and if you have theappropriate clearance to access and possess the document, you may transfer thedocument to ClassNet, for example, using SMART or with assistance from the ITservice center. If you do not have the appropriate clearance to access andpossess the document, please contact your ISSO immediately;
(e) Upon proper transfer of the document to CLASSNET(thus properly preserving the document), delete all electronic copies of thedocument in your possession on OpenNet. Additionally, empty your deleted itemsfolder;
(f) Mark the document with the classificationinformation shown on the redacted copy provided and consult your ISSO whennecessary;
(h) Conduct a physical search to locate anynon-electronic copies of the document(s) in your possession. If you locate acopy of the document, and if you have the appropriate clearance to access andpossess the document, determine if the document should be preserved since, forexample, you have a continuing need to access the information; it is a Federalrecord; or it is the subject of litigation or other legal hold. If so, mark itappropriately as noted. (See 5 FAM 482.11.)If you do not have the appropriate clearance to access and possess thedocument, please contact your bureau security officer (BSO) or regionalsecurity officer (RSO) immediately;
(i) Mark the document with the classification informationshown on the redacted copy provided and consult your ISSO when necessary;
(j) Preserve and store properly at least one copy ofthe document as necessary (5 FAH-4 H-315.1).You may keep additional copies provided they are properly marked and stored inan approved security container authorized for Confidential or Secret material;
(k) If you are aware of any other individuals whor*ceived or were given copies of the document, please forward this notificationto them, copying FOIADocResponse@State.Gov, andrequest that they acknowledge receipt to you and FOIADocResponse@State.Gov;
(l) Notify your information systems security officer ofthe actions you have taken, referencing these instructions. Please acknowledgereceipt of this message to FOIADocResponse@State.Gov; and
(m) Note that the classification of this document,pursuant to E.O. 13526, Section 1.7(d), does not in itself indicate that anyperson previously acted improperly with respect to the document or theinformation contained therein. Going forward, however, the document is to besafeguarded in accordance with Department procedures for the handling ofclassified information.
5 FAM 484 Declassification of NationalSecurity Information
5 FAM 484.1 General
(CT:IM-117; 06-16-2011)
a. Declassification means an authorized change in thestatus of information from classified information to unclassified information.Information should be declassified as soon as it no longer meets the standardsfor classification under E.O. 13526.
b. Classified information is not declassifiedautomatically because of an unauthorized release of identical or similarinformation.
c. Declassification usually occurs as the result ofreview of information under one of several established programs:
(1) Systematic declassification review of 25-year oldclassified information (see 5 FAM 485,below);
(2) Mandatory declassification review of specificinformation in response to a request pursuant to the order for itsdeclassification (see 5 FAM 486,below); or
(3) Review of classified information retrieved asresponsive to an information access request, such as under the FOIA or thePrivacy Act. All these programs are administered primarily by the Office ofInformation Programs and Services (A/GIS/IPS), and any inquiry regardingdeclassification should be directed to that office.
d. Declassification may also occur through specialdeclassification projects, some mandated by legislation (e.g., KennedyAssassination Papers, Nazi War Crimes Documents) and some initiated by theexecutive branch (e.g., Chile and Argentina declassification projects). Suchprojects are also carried out by A/GIS/IPS. The declassified results of theseprojects are usually posted on the Department’s website on the FOIA homepage.
e. Declassification may also occur automatically by (1)occurrence of the date or event specified by the original classificationauthority, or (2) expiration of the maximum time frame for duration ofclassification established under E.O. 13526, usually 25 years from origination(see 5 FAM 485,below).
f. Although it is presumed that information thatcontinues to meet classification requirements requires continued protection,section 3.1(d) of E.O. 13526 permits declassification of classified informationby the Secretary or the Under Secretary for Management, as an exercise ofdiscretion, when a determination is made that the public interest in disclosureoutweighs the need to protect the information.
5 FAM 484.2 DeclassificationAuthority
(CT:IM-117; 06-16-2011)
a. Information generally may be declassified by:
(1) The official who authorized the originalclassification, if that official is still serving in the same position and hasoriginal classification authority;
(2) The originator’s successor in function if thatofficial has original classification authority;
(3) A supervisory official of either if that officialhas original classification authority; or
(4) Officials delegated declassification authority inwriting by the Secretary of State or the Under Secretary for Management.
b. The Department’s primary declassification authorityis A/GIS/IPS which has been delegated declassification authority by the UnderSecretary for Management. It is advisable to consult A/GIS/IPS on alldeclassification questions in order to ensure consistency in declassificationdecisions and updates of archival records in electronic systems. In all cases,A/GIS/IPS should be consulted on declassification determinations that mayinvolve the equities of other agencies, foreign governments, or multipleoffices within the Department. Diplomatic Security should be consulted forinformation sharing decisions for tribal, State, and local governments.
5 FAM 484.3 DeclassificationMarking
(CT:IM-205; 11-22-2017)
All declassified records, regardless of media format, mustbe marked in such a manner as to leave no doubt about the declassified statusof the information and the identity of the declassification authority.Specifically, the classification marking must be marked through by Xs or a lineand include:
(1) The word “Declassified;”
(2) The name or personal identifier and the positiontitle of the declassification authority or Declassification Guide; and
(3) The date ofdeclassification.
EXAMPLE OF DECLASSIFICATION MARKING
CONFIDENTIAL
Declassified by John Jones,
DAS, Office of Foreign Missions, M/OFM,
08/17/05 [20050817]
5 FAM 485 Automatic Declassification
5 FAM 485.1 AutomaticDeclassification - General
(CT:IM-205; 11-22-2017)
a. With certain exceptions, all classified records thatare more than 25 years old and are considered to have permanent historicalvalue under 44 U.S.C., are subject to automatic declassification, whether ornot they have been reviewed (see section 3.3 of E.O. 13526). With certainexceptions, all classified records are automatically declassified on December31 of the year that is 25 years from the date of their origin. If the date oforigin cannot be readily determined, the date of original classification shouldbe used.
b. A/GIS/IPS administers the program to reviewclassified records approaching 25 years of age to ensure that any applicableexceptions or exemptions from automatic declassification have been identifiedand appropriate action taken. Do not assume that a classified record that ismore than 25-years old has been declassified. Many have had theirclassification extended under section 3.3 of E.O. 13526. ConsultA/GIS/IPS/PP/DRS: DiplomaticResearch@state.gov.
c. Records containing information that originated withother agencies or the disclosure of which would affect the interests oractivities of other agencies must normally be referred for review to thoseagencies, and the information of concern shall be subject to declassificationonly by or with the concurrence of those agencies.
d. Records containing foreign government informationare sometimes governed by an agreement or referred to the originatinggovernment for its views on declassification. In the case of recordscontaining FGI, consult A/GIS/IPS. The same is true for records from USUN,NATO, UNESCO, etc.
e. Classified records within an integral file block,otherwise subject to automatic declassification under this section, are notautomatically declassified until December 31 of the year that is 25 years fromthe date of the most recent record within the file block. An integral fileblock usually consists of a set of records covering either a specific topic ora range of time, such as a presidential administration. Most integral fileblock determinations were made prior to the initial automatic declassificationdeadline of December 31, 2006. Any office or bureau that believes that theintegral file block provision may be applicable to some of its records shouldconsult A/GIS/IPS. Under E.O.13526, file blocks containing classifiedinformation may span no more than 10 years without a waiver from ISOO/NARA.Offices needing assistance regarding file series currently spanning more than10 years should consult A/GIS/IPS/PP/LA for assistance via classification@state.gov.
f. Restricted data and formerly restricted data arenot classified under the provisions of E.O. 13526 and are not subject to theautomatic declassification provisions of the order.
g. Information exempted from automatic declassificationremains subject to the mandatory and systematic review provisions of E.O. 13526 (See 5 FAM 486,below).
5 FAM 485.2 AutomaticDeclassification Exemptions
(CT:IM-205; 11-22-2017)
a. Section 3.3 of E.O. 13526 provides that informationmay be exempted from automatic declassification at 25 years if its releaseshould clearly and demonstrably be expected to:
(1) Reveal the identity of a confidential humansource, a human intelligence source, a relationship with an intelligence orsecurity service of a foreign government or international organization, or anonhuman intelligence source; or impair the effectiveness of an intelligencemethod currently in use, available for use, or under development;
(2) Reveal information that would assist in thedevelopment, production, or use of weapons of mass destruction;
(3) Reveal information that would impair U.S.cryptologic systems or activities;
(4) Reveal information that would impair theapplication of state-of-the-art technology within a U.S. weapon system;
(5) Reveal formally named or numbered U.S. militarywar plans that remain in effect or reveal operational or tactical elements ofprior plans that are contained in active plans;
(6) Reveal information, including foreign governmentinformation, that would cause serious harm to relations between the U.S. and aforeign government, or to ongoing diplomatic activities of the U.S.;
(7) Reveal information that would impair the current abilityof U.S. Government officials to protect the President, Vice President, andothers for whom protection services, in the interest of national security, areauthorized;
(8) Reveal information that would seriously impaircurrent national security emergency preparedness plans or reveal currentvulnerabilities of systems, installations, or infrastructures relating to thenational security; or
(9) Violate a statute, treaty, or internationalagreement that does not permit the automatic or unilateral declassification ofinformation at 25 years.
b. Information subject to exemption from automaticdeclassification at 25 years because it falls within one of the categories in 5 FAM 485.2 paragrapha may be in the form of:
(1) Specific information that falls within one of theexemption categories in 5 FAM 485.2paragraph a;
(2) A specific file series of records that theDepartment proposes to exempt from automatic declassification at 25 yearsbecause the information in the file series almost invariably falls within oneof the exemption categories in 5 FAM 485.2paragraph a; or
(3) Information specified as exempt from automaticdeclassification in the Department's Declassification Guide because it fallswithin one of the exempt categories in 5 FAM 485.2paragraph a.
c. Section 3.3(c)(1) of E.O. 13526 requires that anagency head notify the Inter-Agency Security Classification Appeals Panel(ISCAP) of any specific file series of records the Department has determined tobe exempt from automatic declassification because the information in the fileseries almost invariably falls within one of the subsection (a) exemptioncategories. The notification to ISCAP must include:
(1) A description of the file series;
(2) An explanation of why the information in the fileseries is almost invariably exempt from automatic declassification and mustremain classified for longer than 25 years: and
(3) Except for human sources and key design conceptsof weapons of mass destruction, a specific date or event for declassificationthat does not exceed December 31 of the year that is 50 years from the date ororigin of the records.
d. Any proposals for exemption from automaticdeclassification at 25, 50, or 75 years must be made no earlier than five yearsnor later than one year before the information is subject to automaticdeclassification.
e. The fact that some information may ultimately bedetermined to warrant exemption from automatic declassification does not meanthat the information may be exempted from automatic declassification at thetime it is originally classified; i.e., that it may be classified initially fora period longer than 25 years. Normally, A/GIS/IPS will make alldeterminations regarding whether delay of or exemption from automaticdeclassification under E.O. 13526 is warranted and how documents are marked toreflect such determinations. The two exceptions to maximum 25 year durationare confidential human sources and design of WMD (50X1-HUM and 50X2-WMD,respectively).
5 FAM 486 Declassification Review
5 FAM 486.1 SystematicDeclassification Review
(CT:IM-171; 12-11-2015)
Although the order requires the systematic review of allpermanent historical records exempted from automatic declassification underSection 3.3 of E.O. 13526, the Department conducts a declassification review ofall records of historical value, whether in paper, electronic, or special mediaformat, prior to their reaching the automatic declassification age of 25years. The systematic review program is conducted by A/GIS/IPS and is governedby the ISOO-approved 2001 Department of State 25-year Declassification Guidewhich identifies types of information that warrants classification beyond 25years (see section 3.3 of E.O. 13526 and 5 FAM 485.2,above). After review, the records are transferred to the National Archives andRecords Administration (NARA). When they are accessioned by NARA, usually when30 years old, NARA becomes the legal owner of these records and is responsiblefor their disclosure to the public. Offices that believe they have informationthat routinely requires classification beyond 25 years should contactA/GIS/IPS/PP/LA as soon as possible before the Department forwards a revisedDeclassification Guide under E.O. 13526 to the Inter-Agency SecurityClassification Appeals Panel (ISCAP) for approval.
5 FAM 486.2 MandatoryDeclassification Review
(CT:IM-117; 06-16-2011)
a. Requests for review for declassification of specificclassified information are known as mandatory declassification reviewrequests. A/GIS/IPS is responsible for administering the Department’smandatory declassification review program required by E.O. 13526.
b. Unlike FOIA or Privacy Act requests which normallydescribe a subject to which the request pertains, a mandatory review requestmust describe or identify the document or material containing the informationto be reviewed with sufficient specificity to enable IPS to locate the recordswith a reasonable amount of effort; i.e., without having to conduct anextensive or broad-based search.
c. If the information has been reviewed within the pasttwo years or is the subject of pending litigation, the information is notsubject to review for declassification, and A/GIS/IPS will inform the requesterof this fact and of the requester’s right to appeal that decision initially tothe Department’s Appeals Review Panel and ultimately to ISOO and theInteragency Security Classification Appeals Panel (ISCAP).
d. Information originated by:
(1) The incumbent President or the incumbent VicePresident;
(2) Their staffs;
(3) Committees, commissions, or boards appointed bythe incumbent President; or
(4) Other entities within the Executive Office of thePresident that solely advise and assist the incumbent President, is exemptedfrom the mandatory review provisions of E.O. 13526.
e. In responding to a request for mandatorydeclassification review, the Department may refuse to confirm or deny theexistence or non-existence of a document if the fact of its existence ornon-existence would itself be classifiable under E.O. 13526.
f. Although information may be declassified as aconsequence of a mandatory declassification review, its release to the publicis still subject to any disclosure exemptions under applicable law, includingthe FOIA and the Privacy Act.
5 FAM 487 Classification Challenges
(CT:IM-187; 03-09-2017)
Like many of its predecessors, E.O. 13526 encourageschallenges to the classification status of information by authorized holders ofinformation who in good faith believe that its classification status ormarkings are improper. E.O. 13526 also provides that those making suchchallenges shall not be subject to retribution for such action. Formalchallenges are required to be in writing, but they need not be any morespecific than to question why information is or is not classified or isclassified at a certain level. Under the Department’s regulations (22 CFR 9.8),challenges may be sent via secure means to an original classification authority(OCA) at the Department having jurisdiction over the information (with a copyof the challenge to A/GIS/IPS) or sent directly to A/GIS/IPS (SA2), preferablywith copies of the classified documents. When sending a classificationchallenge to A/GIS/IPS, please send the challenge and the documents in questionto classification@state.sgov.gov. The Department (either the OCA or IPS) isrequired to provide a response in writing within 60 days. A negative responsemay be appealed to the Department’s Appeals Review Panel (also A/GIS/IPS atSA-2) and, ultimately, to the Inter-Agency Security Classification AppealsPanel (ISCAP). For further information, contact A/GIS/IPS/PP or classification@state.gov,or on ClassNet at classification@state.sgov.gov.
5 FAM 488 RESOURCES
5 FAM 488.1 Training for OriginalClassification Authorities and Derivative Classifiers
(CT:IM-205; 11-22-2017)
a. Section 1.3(d) of the order and section2001.70(d)(2) of the directive require that all original classificationauthorities (OCAs) receive training in proper classification (including theavoidance of over-classification) and declassification annually. Trainingshall include instruction on the proper safeguarding of classified informationand on sanctions applicable to individuals who fail to classify informationproperly or protect classified information from improper disclosure. OCAs whofail to receive such training will have their classification authoritysuspended until such training is received.
b. Section 2.1(d) of the order and Section2001.70(d)(3) of the Directive require that those who apply derivativeclassification markings receive training in the proper application ofderivative classification principles with an emphasis on avoidingover-classification. The Department will suspend the classification authority ofderivative classifiers who fail to receive such training annually untilsuch training is received.
5 FAM 488.2 Classification Guidesand Review of Classification Guidance
(CT:IM-205; 11-22-2017)
a. In accordance with Section 2.2 of the order andSection 2001.16 of the Directive, A/GIS/IPS, under the direction of M, shallconduct a fundamental classification guidance review no later than June 27,2012 and at least once every five years thereafter. Such review shall includean evaluation of the content of the guidance and its use. The Department isrequired to provide ISOO with a detailed report summarizing the results of eachreview and to release an unclassified version to the public.
b. Under the direction of M, A/GIS/IPS will update theDepartment of State Classification Guide at least once every 5 years or morefrequently if events warrant an earlier update. When updating the guide eachbureau will be asked to review and identify any information that has changedand no longer requires classification or information that is not currentlyaddressed in the guide but should be added.
c. Users of any of the Department’s ClassificationGuides should forward any information that they believe is inadequately coveredby the guide to the office responsible for the guide.
d. As required to keep the Declassification Guidecurrent and in any case no less frequently than every five years, A/GIS/IPSwill prepare and submit to the ISCAP for its approval a cleared proposed25-Year Declassification Guide. Individual requests for exemption fromautomatic declassification for information not covered by the guide will besubmitted to the ISCAP by A/GIS/IPS no earlier than five years and no laterthan six months prior to the date for automatic declassification of theinformation.
e. The Declassification Guide will be used by the SystematicReview Program and FOIA reviewers inevaluating material for public release. Users of the Declassification Guideare encouraged to submit comments and suggestions for its improvement toclassification@state.sgov.gov.
5 FAM 489 MANAGING CLASSIFIEDINFORMATION
5 FAM 489.1 Performance Evaluation
(CT:IM-205; 11-22-2017)
Like its predecessor, E.O. 13526 requires that the agencyhead/senior agency official ensure that the system used to rate personnelperformance include the designation and management of classified information asa critical element or item to be evaluated in the rating of OCAs, securitymanagers or security specialists, and all other personnel whose dutiessignificantly involve the creation of classified information.
5 FAM 489.2 Self-InspectionPrograms
(CT:IM-205; 11-22-2017)
a. Section 5.4(d)(4) of the order requires that agencyheads establish and maintain an on-going self-inspection program that shallinclude regular reviews of representative samples of original and derivativeclassification actions.
b. Under section 2001.60 of the Directive, the senioragency official (in the Department, the Under Secretary for Management (M))determines the means and methods for the conduct of self-inspections. Suchinspections include:
(1) Evaluation of the adherence by agency personnel tothe principles and requirements of E.O. 13526 and the Directive and theeffectiveness of the Department's programs dealing with classified nationalsecurity information;
(2) Regular reviews of samples of the Department'soriginal and derivative classification actions; and
(3) Review of the Department's security directives andinstructions.
c. Under the Directive, self-inspections are requiredto be regular and on-going, conducted at least annually. They are to bedocumented both internally and externally, with the senior agency officialreporting annually to the Director of ISOO on the programs (see 32 CFR 2001).
d. A/GIS/IPS administers the self-inspection programalong with an annual report on classification management and an annual reporton cost estimates for protecting national security information, each of whichare submitted to ISOO. IPS follows NARA approved guidelines for compiling dataand at appropriate times IPS will send data calls to those bureaus determinedto hold data relevant to one of ISOO’s annual reports. In preparing data inresponse to IPS’ data calls, bureaus are responsible for adhering to the NARAguidelines when collecting the data and validating the data before submittingthe results to IPS for inclusion in the Department’s ISOO reports:
(1) A/GIS/IPS will send an annual request to allbureaus for a count of classification decisions (memos, letter, etc.) made bybureau principals over the past fiscal year. Bureaus must submit a count ofclassification decisions in the following format to A/GIS/IPS by October 15 forthe preceding fiscal year.
| Top Secret
| ||||||||||||
| Secret
| ||||||||||||
| Confidential
|
(2) Bureaus must maintain a repository of allclassified documents processed by the bureau front office so that A/GIS/IPS canvalidate the count of classification decisions and inspect the decisions inkeeping with Title 32 of the Code of Federal Regulations, Section 2001.60. Therepository may be paper based or electronic but must include copies of all classifieddocuments (memos, letters, reports, etc.) sent or received by bureau principalsover the course of the fiscal year. There is no need to include cables oremails as these are available via the corporate archive.
5 FAM 489.3 Sanctions
(CT:IM-205; 11-22-2017)
a. Under the E.O. 13526, the director of ISOO, whichconducts periodic inspections of agency classification activities, is requiredto report to the head of the agency or its senior agency official any violationof the order or its implementing directives.
b. Possible sanctions relating to classificationmanagement include reprimand, suspension without pay, removal, termination ofclassification authority, loss or denial of access to classified information,and other such actions authorized by the Department’s regulations.
