installations and activities only in accordance with the authorization procedures established by this section. Authorization of a visit in itself does not constitute authority for the release of classified information to visitors, nor retention by visitors of any classified documents or material. Visitors should be advised that requests for such information or material connected with their visits must be submitted to the Department of the Army by the appropriate diplomatic representative of their country or the country of the firm which they are representing. Where visual or oral disclosures only are desired or indicated, such a request may be made in conjunction with the request for the visit. Foreign nationals and foreign representatives will not be permitted access to classified information until their identity has been clearly established and it has been determined that the release of the information requested has been authorized

(1) By authority of the Assistant Chief of Staff for Intelligence, Department of the Army. (i) Foreign nationals and foreign representatives, except as otherwise indicated, may be admitted to Department of the Army installations and activities only upon written authority of the Assistant Chief of Staff for Intelligence, Department of the Army. Requests for visit approval will be subImitted by or through the prospective visitor's diplomatic representative in the United States, to the Assistant Chief of Staff for Intelligence, Attention: Foreign Liaison Office, Department of the Army. Requests for visits by foreign nationals while acting as representatives of international organizations, involving the release of U.S. classified information, will be submitted by the U.S. agency charged with maintaining liaison between the international organization and the United States. Such requests will be forwarded to the Secretariat, U.S. Military Information Control Committee (S/USMICC). All visit requests will include(a) Name in full.

(b) Official title or position.
(c) Nationality.

(d) Visa, passport, or orders number.
(e) Date and place of birth.

(f) Name of installation, or activity to which admission is desired.

(g) Date of visit or dates between which visits are desired.

(h) Purpose of visit.

(i) Sponsor.

(j) Security Clearance. (ii) Visit requests to

(a) Installations or activities under the command jurisdiction of a DA agency will be processed through that agency.

(b) Installations or activities under the command jurisdiction of U.S. Continental Army Command with the exception of Human Resources Research Units will be processed directly between Headquarters, Department of the Army, and the agency to be visited, with information copy furnished to Headquarters, U.S. Continental Army Command.

(c) Human Resources Research Units will be processed through U.S. Continental Army Command.

(d) Installations or activities under the command jurisdiction of ZI armies or the Military District of Washington, will be processed directly between Headquarters, Department of the Army, and the ZI army (or MDW) concerned, with information copy furnished to Headquarters, U.S. Continental Army Command.

(e) Major subordinate commands of the U.S. Army Materiel Command and related installations and activities will be processed directly between Headquarters, Department of the Army Materiel Command major subordinate command concerned.

(f) Installations or agencies under the command jurisdiction of the U.S. Army Combat Developments Command will be processed through Headquarters, U.S. Army Combat Developments Command.

(iii) The assistant Chief of Staff for Intelligence, in approving a visit, will specifically state the limitations for disclosure of classified information that are applicable to the particular visit.

When

disclosure of classified information is authorized in connection with a visit, such disclosure will be limited to the information necessary to accomplish the purpose of the visit.

(2) By authority of the installation commander or Army representatives. By authority of the commanding officer of an Army installation or the Army representative at an Army activity, foreign nationals and foreign representatives may be admitted to the installation or activity under the following conditions, provided that no classified information is disclosed.

(i) For social purposes.

(ii) For activities open to the general public.

(iii) For authorized medical treatment.

(iv) In connection with emergency landings or other emergency situations.

(v) For domestic, janitorial, housekeeping, repair, and maintenance activities.

(vi) As transients through military installations (e.g. port of embarkation, to nondefense activity located within an installation boundary).

(vii) On matters of official business when the individual is employed by a U.S. contractor in the performance of a U.S. military contract, or by an agency of the U.S. Armed Forces or other agency of the U.S. Government.

(viii) For visits approved by the Defense Logistics Center, Defense Supply Agency made for the purpose of inspecting items of excess material available for sale to eligible foreign governments.

(ix) Canadian defense suppliers and representatives of the Canadian Department of Defense Production in connection with procurement solicitations or other matters related thereto. Discussions conducted during visits in this category cannot be expanded to include classified matters.

(x) For those visits described under subdivisions (vii), (viii), and (ix) of this subparagraph, the following will be accomplished:

(a) A visit request in accordance with subparagraph (1) of this paragraph will be submitted to the Army installation commander or to the Army representative at the activity to be visited.

(b) The applicant will be notified whether the visit is approved or disapproved.

(c) Prior to admittance the identity of the visitor will be clearly established.

(3) By authority of Commanding General, U.S. Army Air Defense Command.

(i) Canadian military personnel assigned to North American Air Defense Command and Continental Air Defense Command accredited to U.S. Army Air Defense Command may be admitted to U.S. Army installations, in connection with air defense activities, on the authority of the Commanding General, U.S. Army Air Defense Command. Classified information may be disclosed, at the lowest appropriate level consistent with the purpose of the visit, within the limits of the accreditation.

(ii) Members of the Armed Forces of Canada or representatives of the govern

ment of Canada may be admitted to air defense installations on matters of mutual interest in connection with air defense operational matters on the authority of the Commanding General, U.S. Army Air Defense Command.

(4) By authority of Commanding Generals, ZI armies. Members of the Armed Forces of Canada and Mexico may be admitted to Department of the Army installations or activities near the borders of those countries and the United States in connection with border incidents, disciplinary problems, coordination of security matters pertaining to the border, and such other matters of mutual interest as may arise, on the authority of the commanding general of the ZI army concerned without reference to higher headquarters, provided that no unauthorized classified information is disclosed.

(5) By authority of commandants of service schools. (i) Commandants of service schools are authorized to approve visits of foreign nationals to military installations and activities when such visits are field trips scheduled in the program of instruction of a course in which the foreign nationals are students, and when such field trips are in consonance with the purpose and scope of the school course attended. The school commandant will obtain the concurrence of the commander of the installation or activity to be visited before approval. During such visits, foreign students will not be furnished classified information higher than that which they have been authorized to receive in the school course which they have been attending.

(ii) Commandants of service schools are authorized to approve visits to U.S. Army schools by Canadian school representatives acting as liaison officers at Canadian schools on behalf of U.S. Army schools under the Liaison ProgramCanadian and U.S. Army schools and agencies.

(6) Visits to the Defense Language Institute. The Director, Defense Language Institutes, is authorized to approve visits of foreign nationals and foreign representatives to his installations for the purpose of conducting lectures or discussing language training problems when such visits will result in a benefit to the institution, provided that no classified information is disclosed.

(7) Visits by foreign news-media representatives. Foreign news-media representatives may request permission to visit Army installations or activities. Such requests will be processed through the Chief of Information, Headquarters, Department of the Army. The Chief of Information may approve such requests without reference to the Assistant Chief of Staff for Intelligence, Department of the Army, provided that no classified information is disclosed and no classified installations are visited.

as

(8) Accredited foreign personnel. Military representatives of foreign governments may be accredited by the Assistant Chief of Staff for Intelligence, Department of the Army, for direct contact to specific Department of the Army agencies, installations, or activities. Representatives so authorized are listed in the current Accreditation Lists published by the Assistant Chief of Staff for Intelligence. These representatives may submit visit requests directly to the U.S. Army Contact Officer at the installation, activity or agency to which accredited. The U.S. Army Contact Officer may authorize the accredited representative to visit that agency, installation, or activity or agency to which accredited. The U.S. Army Contact Officer may authorize the accredited representative to visit that agency, installation, or activity and their subordinate elements, provided the purpose is within the stated terms of reference and security clearance of the approved accreditation, and provided the military information desired is within the purview of the location to be visited. Accredited representatives who request a visit which is not within the approved terms and security clearance, or is not within the purview of the agency, installation, or activity to which accredited, will be advised to submit a visit request through their diplomatic representative in Washington, D.C.

(e) Visits of U.S. citizens. By authority of the Army installation commander or the Army representative at an Army activity, U.S. citizens, except as provided in paragraph (b)(2) of this section, may be admitted to Army installations or activities under the following conditions:

36-073-70

activities open to the public, domestics or personnel employed or admitted for housekeeping, repair, and maintenance purposes or such other casual visitors who may be considered under similar criteria) may be admitted provided that no classified information is disclosed.

(2) Representatives of U.S. Government agencies or of the Military Establishment, and individuals employed by U.S. contractors or subcontractors or individuals engaged in cooperating with the Department of Defense in the capacity of engineer, inventor, consultant, or advisor, may be admitted provided that the local representative of the Department of the Army agency concerned considers the visit necessary or desirable and not in conflict with the best interests of the services. Classified information may be disclosed on a need-to-know basis to such visitors provided that appropriate visitor clearance, including security clearance, is obtained by the visitor prior to the visit in accordance with the requirements of the head of the Department of the Army agency concerned, or by authority of the Assistant Chief of Staff for Intelligence, Department of the Army; and provided that no information of a classification higher than that of the individual's clearance is disclosed. Access to classified information will not be permitted until identity and security clearance have been clearly established. Authorization for the visit in itself does not constitute authority for the release of classified information to visitors nor retention by the visitor of any classified documents or material. In case doubt exists as to the identity of the visitor, or whether he is acting in an official capacity, verification will be made with the Assistant Chief of Staff G2 of the Army or other command concerned.

(3) Visits of representatives of the Atomic Energy Commission, its contractors and its contractor employees, and visits which will involve access to "Restricted Data" as defined by the Atomic Energy Act of 1954, will be controlled by Headquarters, Department of the Army, as set forth in AR 380-150.

(4) Installation commanders and Army representatives at activities may contact any cognizant security office or the Chief, Industrial and Personnel Security Group, Attention: Central Index File, Fort Holabird, Baltimore, Md. 21219, direct on matters pertaining to visits by contractor employees.

(5) Reporters, photographers, and other representatives of public information media may be admitted to Army installations or facilities provided that no unauthorized classified information is disclosed. AR 360-5 governs such visits.

(6) Union officials not employed by contractors but who may require access to classified information or to closed or restricted areas in connection with the specific terms of a bargaining or other agreement with a contractor may be granted access to such information or areas by the commander of an installation under the following procedures:

(i) Appropriate documentation will be furnished by the union official to the commander of the installation as follows: (a) Name and address of the person for whom visit is requested.

(b) Citizenship.

(c) Date and place of birth.

(d) Organization with which the person is associated.

(e) Position of person in the organization.

(f) Date of requested visit or dates of intermittent visits.

(g) Purpose of visit in detail, including classified information to which access is required and the reason therefor.

(h) Person(s) to be visited, if known. (i) Name and address of any facility or Army installation to which the person has submitted previously, forms identified in (j) of this subdivision.

(j) Five signed Personnel Security Questionnaires (DD Form 48), five signed Certificate of Non-affiliation with Certain Organizations (DD Form 48-1) and one executed fingerprint card (FD Forın 258).

(ii) The contractor who employs the union members may act as sponsor in submission of the foregoing documentation except that forms required in subdivision (i) (j) of this subparagraph may be submitted directly to the installation commander.

(iii) Provisions of paragraph 3-202, AR 380-130 will be accomplished.

(iv) Notice of approval or disapproval of visit will be furnished the requestor by the commander.

(v) These provisions are not to be interpreted as modifying in any way the authority of the commander of a military installation to deny admittance of any individual to a military installation under his control. Actions under such authority are not appealable.

[32 F.R. 3391. Mar. 1, 1967]

(a) General. This section provides guidance with respect to the definition and designation of restricted areas, and sets forth procedures to be followed in case violations of restricted areas occur.

(b) Applicability. This section applies only to Army installations or activities within the continental United States. Oversea commanders may utilize the regulations in this section for guidance in establishing local procedures.

(c) Authority. (1) Title 18, United States Code, subsection 793 (a) makes it a felony for anyone, for the purpose of obtaining information respecting the national defense with intent or reason to believe that such information is to be used to the injury of the United States, or to the advantage of a foreign nation, to enter, fly over, or otherwise obtain information concerning installations connected with the national defense.

(2) Title 18, United States Code, subsection 793 (b) makes it a felony for anyone with like purpose to copy, take, make, or obtain, or attempt to copy, take, make, or obtain, any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national defense.

(3) Title 18, United States Code, section 795, makes it a misdemeanor for anyone to photograph, sketch, or make a graphical representation of military installations or equipment which have been defined as vital or requiring protection against general dissemination of information without the authorization of the commanding officer and without promptly submitting the product obtained to the commanding officer or higher authority for censorship.

(4) Section 21, Internal Security Act of 1950 (64 Stat. 1005, 50 U.S.C. 797), makes it a misdemeanor for anyone to violate any order or regulation promulgated by a military commander designated by the Secretary of Defense for the protection or security of military installations or activities, respecting ingress, egress, or removal of persons therefrom, or otherwise safeguarding the same against, destruction, loss, or subversive activity.

(d) Definitions-(1) Restricted area. Any area, access to which is subject to special restrictions or controls for reasons of security or safeguarding of prop

erty or material, exclusive of those designated areas over which flight of aircraft is restricted. Restricted areas may be of different types, depending on the nature and varying degree of importance, from a security standpoint, of the security interest or other matter contained therein.

(2) Exclusion area. A restricted area containing:

(i) A security interest or other matter which is of such nature that access to the area constitutes, for all practical purposes, access to such security interest or matter; or

(ii) A security interest or other matter of such vital importance that proximity resulting from access to the area is treated as equivalent to subdivision (i) of this subparagraph.

(3) Limited area. A restricted area containing a security interest or other matter, in which uncontrolled movement will permit access to such security interest or matter; but within which access may be prevented by escort and other internal restrictions and controls.

(e) Designation. (1) When conditions warrant, the commanding officer of an Army installation or activity will designate restricted areas within his command for the purpose of protecting classified defense information or safeguarding of property or material. To meet different levels of security sensitivity and provide an efficient and effective basis for applying the varying degrees of restriction of access, control of movement, and type of protection required, exclusion or limited areas will be established as appropriate dependent upon the nature, sensitivity, or importance of the security interest or other matter involved.

(2) Where required he will install adequate physical safeguards such as fences, gates, window bars, etc., to deny entry of unauthorized persons into restricted areas. Except where such action would tend to advertise an otherwise concealed area, he will also post signs or notices in conspicuous and appropriate places, such as ordinary entrances or approaches to these areas, and on perimeter fences or boundaries of the area. Regardless of the type restricted area as defined herein each sign or notice will be marked with the words "Restricted Area", and in addition will include the following warning notice:

WARNING

This (fort, range, plant, laboratory, etc.) has been declared a restricted area by authority of (Title: Commanding General, Commanding Officer, Officer in Charge) in accordance with the provisions of the directive issued by the Secretary of Defense on 20 August 1954, pursuant to the provisions of Section 21, Internal Security Act of 1950. Unauthorized entry is prohibited. All persons and vehicles entering hereon are liable to search. Photographing, making notes, drawings, maps, or graphic representations of this area or its activities, is prohibited unless specifically authorized by the commanding officer. Any such material found in the possession of unauthorized persons will be confiscated.

(f) Procedure in case of violation. (1) The installation or activity commander will cause any person not subject to military law, who without competent authority enters a restricted area, to be brought immediately before proper authority where he will be searched and interrogated. If it is a first offense and the offense appears not to have been willful, the offender will be warned against repetition and released. Where it appears that the unlawful entry was made with intent to do harm to the national security, the nearest office of the Federal Bureau of Investigation will be notified, and the offender will be delivered without delay to the nearest United States marshal with a written statement of the facts, the names and addresses of witnesses, and such pertinent exhibits as may be available. In all cases any unlawful notes, photographs, sketches, pictures, drawings, maps, graphic representations, or other material found in his possession will be surrendered.

(2) When an investigation reveals that a person not subject to military law has entered such a restricted area, and custody of the individual has not been effected, the installation or activity commander will promptly notify the nearest office of the Federal Bureau of Investigation, reporting all facts, including the names and addresses of witnesses.

(3) Violators of restricted areas who are subject to military law will be dealt with under the appropriate provisions of the Uniform Code of Military Justice. Where it becomes evident that the violation was not willful, first offenders will be dealt with as in subparagraph (1) of this paragraph.

123 F. R. 1811, Mar. 18, 1958]