Page images
PDF
EPUB

§ 159.401-6 Transmittal documents.

A transmittal document, including indorsements and comments when such indorsements and comments are added to the basic communication, shall carry on its face a prominent notation as to the highest classification of the information transmitted by it, and a legend showing the classification, if any, of the transmittal document, indorsement or comment standing alone. For example, in the case of an unclassified document which transmits as an attachment a classified document, it shall bear a notation substantially as follows: Regraded Unclassified When Separated Classified Enclosure.

§ 159.401-7 Electrically

messages.

From

transmitted

Classified messages shall be marked at the top and bottom with the assigned classification and paragraph marked in the manner prescribed above for documents. In the case of a message printed by an automated system, these classification markings may be applied by that system, provided that the markings so applied are made clearly distinguishable on the face of the document from the printed text. In addition, the first item of information in the text of a classified message will be the overall classification of the message. The originator of classified messages will in all cases, be considered the accountable classifier in accordance with § 159.200 and no "classified by" line is necessary on the message. The originator is responsible for maintaining adequate records (as required by § 159.200) to show the origin of the classifications assigned. Any document which is subsequently created whose classification is based solely upon the classification of the content of a classified message shall cite the message in the "classified by" line on the newly created document. The last line or paragraph of a classified message shall show either:

(a) “ADS(*)". For messages assigned to Advanced Declassification Schedule. (b) "GDS(**)". For messages signed to General Schedule.

as

Declassification

*(Indicate declassification date or event); e.g. ADS (2 Jan 74)

** (Indicate last two digits of declassification year); e.g. GDS (79)

[blocks in formation]

Translations of United States classified information into a language other than English shall be marked to show the United States as the country of origin and shall be marked with the appropriate classification markings under §§ 159.401 through 159.401-8 and the foreign language equivalent thereof. (See 159.1500-1, Appendix B)

CLASSIFICATION MARKINGS ON SPECIAL CATEGORIES OF MATERIAL

§ 159.402 General provisions.

The assigned security classification and downgrading/declassification instructions shall be conspicuously stamped, printed, written, painted, or affixed by means of a tag, sticker, decal, or similar device, on classified material other than documents, and on their containers, if possible. If the material or container cannot be marked, written notification of the security classification shall be furnished to recipients. Following are the procedures for marking the security classification on various kinds of material other than ordinary documents. These are not all inclusive and may vary somewhat with organizational and operational requirements and with the physical characteristics of the material.

§ 159.402-1 Charts, maps and drawings.

Charts, maps and drawings shall bear the appropriate classification marking under the legend, title block or scale, in such manner as to differentiate between the classification assigned to the document as a whole and the classification assigned to the legend or title. The

*** (Indicate number of Exemption category)

**** (Indicate last two digits of declassification year if known); e.g. XGDS (3) (02)

***** (When appropriate under §§ 159.3011 and 159.404-1 indicate last two digits of downgrading year for former Group 3 material under DoD classification cognizance); e.g. XCL (82)

markings also shall be inscribed at the top and bottom of each such document. When the customary method of folding or rolling charts, maps or drawings would cover the classification markings, additional classification markings shall be placed so as to be clearly visible when the document is folded or rolled.

§ 159.402-2 Photographs, films and recordings.

Photographs, films, including negatives, recordings, and their containers shall be marked in such a manner as to assure that any recipient or viewer will know that classified information of a specified level of classification is involved.

(a) Photographs. Negatives and positives shall be marked with the appropriate classification markings and kept in containers bearing conspicuous classification markings. Roll negatives shall be marked at the beginning and end of each strip and single negatives marked with the appropriate classification. Each photographic print shall be marked with the appropriate classification at the top and bottom of the face side and where practicable the center of the reverse side. Caution must be exercised when using self-processing film or paper to photograph or reproduce classified material, since the negative of the last exposure may remain in the camera. All component parts of the last exposure shall be removed and destroyed as classified waste or the camera shall be protected as classified material.

(b) Transparencies and slides. The applicable classification markings shall be shown on each transparency or slide. Other applicable markings, when practical, shall be shown on the border, holder, or frame.

(c) Motion picture films. Classified motion picture films shall be marked at the beginning and end of each reel by titles bearing the appropriate classification. Such markings shall be visible when projected on the screen. Reels shall be kept in containers bearing conspicuous classification markings.

(d) Recordings. Recordings, sound or electronic, shall contain at the beginning and end a statement of the assigned classification which will provide adequate assurance that any listener or receiver will know that classified information of a specified level of classifica

tion is involved. Recordings shall be kept in containers or on reels that bear conspicuous classification markings.

§ 159.402-3 Decks of accounting ma

chine cards.

A deck of classified accounting machine cards may be considered as a single document. Only the first and last card require clasification markings. A deck so marked shall be stored, transmitted, destroyed and otherwise handled in the manner prescribed for other classified documents of the same classification. An additional card shall be added, however, to identify the contents of the deck and the highest classification involved. Cards removed for separate processing or use, and not immediately returned to the deck after processing, shall be protected to prevent compromise of any classified information contained therein, and for this purpose shall be marked individually as prescribed herein for an individual ordinary document. machine § 159.402-4 Electrical automatic data processing tapes. Electrical machine and Automatic Data Processing (ADP) tapes shall bear external markings and internal notations sufficient to assure that any recipient of the tapes, or of the classified information contained therein when reproduced by any medium, will know that classified information of a specific classification category is involved. § 159.402-5

Pages of ADP listings.

and

Classification markings on pages of listings produced by ADP equipment may be applied by the equipment provided that the markings so applied are made clearly distinguishable on the face of the document from the printed text. As a minimum, such listings shall be marked with the security classification on the first and last pages of the listing and on the front and back covers, if any, as prescribed in § 159.401 for ordinary documents.

§ 159.402-6 Material for training pur

poses.

Classified material used for training purposes shall be transmitted, stored, and otherwise safeguarded as prescribed in this regulation. In utilizing unclassified documents (material) for training purposes, the unclassified documents (ma

terial) shall be marked "(insert classification) for training, otherwise unclassified".

§ 159.402-7 Miscellaneous material.

Material, such as rejects, typewriter ribbons, carbons, and similar items, developed in connection with the handling, processing, production, and utilization of classified information shall be handled in a manner which assures adequate protection of the classified information involved and that destruction is effected at the earliest practicable moment. Unless a requirement exists to retain this type material for a specific purpose, there is no need to mark, stamp, or otherwise indicate that the recorded information is classified.

DOWNGRADING AND DECLASSIFICATION
MARKINGS

§ 159.403 Regrading and declassification markings.

Whenever classified material is downgraded, declassified or upgraded, the material shall be promptly and conspicuously marked to indicate the change, the authority for the action, the date of the action and the identity of the person or activity taking the action. In addition, except for upgrading (see § 159.403-2), all the old classification markings shall be cancelled, if practicable, but in any event on the first page, and the new classification markings, if any, shall be substituted. In cases where classified material is downgraded or declassified under the provisions of this regulation and is marked as prescribed in § 159.403-1, such markings shall suffice to meet the aforementioned requirements.

[blocks in formation]

At the time of origination, each classified document or other material, shall, in addition to the security classification markings prescribed by §§ 159.401 through 159.402-7 and the foregoing provision of § 159.403, be marked to reflect downgrading and declassification instructions in accordance with the following:

(a) Action by specific date or event. When specific dates or events for downgrading and declassification, with emphasis on declassification without intervening downgrading, are predetermined under the provisions of § 159.300-1 (earlier than those declassification limits of the General Declassification Sched

ule), documents and other material shall be conspicuously marked to show clearly to the recipient of such material when downgrading and declassication action is intended by the originator to occur. For this purpose the following marking shall be stamped or otherwise printed at the bottom of the first page or title page or shall be placed conspicuously in a similarly prominent place immediately below, or adjacent to and in conjunction with the classification marking:

Downgrade to:

Secret on (effective date)
Confidential on (effective date)
Declassify on (effective date)
Classified by-----

The effective date in this case may fall on any specific day or month of a calendar year or, in its place, could be inserted a specific event such as, for example, "Declassify on Date of Rollout".

(b) General Declassification Schedule. When specific dates for downgrading and declassification are assigned in accordance with the provisions of §§ 159.301 through 159.301-2, Subpart-Downgrading and Declassification (General Declassification Schedule), documents and other material shall be marked in the following manner:

[blocks in formation]

ber 31 of a particular calendar year for such automatic declassification. In those cases where information and material is exempt from the General Declassification Schedule under the provisions of §§ 159,302 and 159.302–1, Subpart—Exemptions from General Declassification Schedule, of this regulation and such information is not under the exclusive or final classification authority of the DoD, the words "Upon notification by the originator" shall be included in the "Declassify on" line.

(d) Information or material prepared and classified on or after June 1, 1972, the classification of which is based exclusively on a pre-June 1972 source document marked as Group 1, 2, 3, or 4 under Executive Order 10501, as amended, or not group marked, or on a pre-June 1972 security classification guide which should have been but has not yet been updated and which still prescribes such group markings, shall be marked as follows:

(1) If the pre-June 1972 source document is marked Group 1 or 2, or the preJune 1972 security classification guide prescribes Group 1 or 2, or the pre-June 1972 source document is not group marked, the information or material prepared and classified on or after June 1, 1972 shall be marked "Classified by Excluded from General Declassification Schedule" (see § 159.4041 (a) and (c)).

(2) If the pre-June 1972 source document is marked Group 3 (see § 159.404-1 (b)) or the pre-June 1972 security classification guide prescribes Group 3, the information or material prepared and classified on or after June 1, 1972 shall be marked:

(i) (If the source document or guide is under the exclusive or final classification jurisdiction of DoD)

[blocks in formation]

(ii) (If the source document or guide is not under DoD Classification jurisdiction):

Classified by (see § 159.201) excluded from general declassification Schedule

(3) If the pre-June 1972 source document is marked Group 4, or the pre-June 1972 security classification guide prescribes Group 4, the information or material prepared and classified on or after June 1, 1972 shall be marked in accordance with § 159.403-1 (b) with the starting date of the General Declassification Schedule corresponding to the date of origin of the source material or the date of the guide involved.

(e) If the classifier inadvertently fails to mark a document with one of the foregoing markings, the recipient shall mark it in accordance with paragraph (b) of this section unless he has reason to believe that the material warrants an exemption. In this case, the recipient will refer the matter to the originator for decision. In the event the originator determines that an exemption is appropriate, he (the originator) shall notify all holders of his action and the authority therefor.

(f) The Restricted Data (§ 159.405-1) and Formerly Restricted Data (§ 159.4052) markings are, in themselves, evidence of Category 2 exemption and the exemption stamp (paragraph (c) of this section) is not to be used when such markings appear on the material. However, except for electrically transmitted messages, a "classified by" line shall be added to the RD or FRD notation.

(g) When a document or material includes classified information, either newly developed or extracted from one or more sources, which is designated under more than one of the provisions of paragraph (a), (b) or (c) of this section, the single downgrading and declassification marking assigned the document or material shall be the most restrictive of those which are applicable to the information contained therein. When more than one category of exempted material is involved, the single downgrading and declassification marking shall reflect the identification of such categories.

§ 159.403-2 Upgrading.

When material is upgraded under the provisions of this regulation, it shall be promptly and conspicuously marked as prescribed in § 159.403, except that in all such cases the old classification markings

shall be canceled and new substituted therefor.

§ 159.403-3

Limited use of posted notice for large quantities of material. When the volume of material is such that prompt re-marking of each classified item'could not be accomplished without unduly interfering with operations, the custodian may attach downgrading and declassification notices to the storage unit in lieu of the re-marking otherwise required by § 159.403. Each notice shall specify the authority for the downgrading or declassification action, the date of the action and the storage unit to which it applies. When individual documents or other materials are withdrawn from storage units, they shall be promptly remarked with the proper security classification category, or the classification marking canceled, if declassified, on at least the first page. However, when documents or other material subject to a downgrading or declassification notice are withdrawn from one storage unit solely for transfer to another, or a storage unit containing such documents or other material is transferred from one place to another, the transfer may be made without re-marking if the notice is attached to or remains with each shipment.

RE-MARKING OLD MATERIAL

§ 159.404 Re-marking material already marked Group 4.

When a document or other material classified before June 1, 1972 and marked with a Group 4 marking under E.O. 10501, as amended, is removed from file or storage for any purpose, it shall be remarked in accordance with § 159.403-1 (b) or 159.403-1 (c), as appropriate to the determination made under § 159.301-1. In either case the "classified by" line need not be filled in. In the case of documents re-marked in accordance with 159.403-1(c), adequate records shall be maintained to support the action.

[blocks in formation]

marked with a Group 1 or 2 marking or not group marked at all under Executive Order 10501, as amended, is removed from file or storage for any purpose, it shall, except as provided in paragraph (c) of this section, be re-marked "Excluded from General Declassification Schedule."

(b) A document or other material classified before June 1, 1972, containing information under the final or exclusive classification jurisdiction of the Department of Defense and marked with a Group 3 marking under Executive Order 10501, as amended, shall not be remarked "Excluded from General Deciassification Schedule" as prescribed by this regulation prior to this amendment. Any such re-marking already applied need not be cancelled or obliterated. The old Group 3 marking "Downgraded at 12 Year Intervals-Not Automatically Declassified" shall continue, without interruption, to constitute downgrading instructions to the holder. Information and material classified and marked Group 3 under Executive Order 10501, as amended, by other Agencies of the Executive Branch shall, when removed from file or storage for any purpose, be re-marked in the manner prescribed for Group 1 or 2 material in paragraph (a) of this section.

(c) The re-marking of a document or other material as stated in paragraph (a) of this section or the continued effectiveness since May 31, 1972 of the old Group 3 marking as stated in paragraph (b) of this section, does not relieve the original classification authority of the information involved from immediately downgrading or declassifying the information in accordance with § 159.300, or from setting specific future dates or events for automatic downgrading or declassification in accordance with § 159.300-1; or from placing the information under the General Declassification Schedule in accordance with § 159.301, or from referring the information to an appropriate Top Secret classification authority for consideration for exemption in accordance with § 159.302. If any of these actions is taken by the original classification authority, the document or other material shall be appropriately marked in accordance with $ 159.403-1, except that the "classified by" line need not be filled in. In these cases appropriate notice shall be given in accordance with § 159.306.

« PreviousContinue »