§ 159.702-3 Receipt of classified mate rial.

Procedures shall be developed within DoD activities to ensure that all incoming mail, bulk shipments and material delivered by messenger are adequately protected until a determination is made as to whether classified material is contained therein. Screening points, determined by the activity mail handling procedures, shall be established to ensure that incoming classified material is properly controlled and that access to classified material is limited to cleared personnel.

§ 159.702-4 Working papers.

Working papers are documents, including drafts, photographs, etc., accumulated or created to assist in the formulation and preparation of a finished document. Working papers containing classified information will be:

(a) Dated when created.

(b) Marked with the highest classification of any information contained in the document.

(c) Protected in accordance with the classification assigned.

(d) Destroyed when they have served their purpose.

(e) Accounted for or controlled in the same manner prescribed for a finished document of comparable classification when:

(1) Released by the originator to an agency or activity outside a headquarters or when transmitted through message center channels within a headquarters.

(2) Placed permanently in a file system.

(3) Retained more than 180 days from date of origin.

(f) All working papers shall be marked with downgrading or exemption instruction when placed in permanent files. § 159.702-5 Data index system.

The NSC Directive, § 159.100 (c), requires each Department to undertake to establish a data index system covering classified information and material in selected categories as having sufficient historical or other value appropriate for preservation. The DoD is considering the identification of such categories of information and material and the feasibility of various systems for the reporting and indexing of such information.

Subpart-Transmission

METHODS OF TRANSMISSION OR

TRANSPORTATION

§ 159.800 Policy.

When classified material must be physically moved, any means of transportation may be used, with the following exceptions:

(a) Classified material shall not be hand-carried aboard commercial passenger aircraft by DoD civilian employees, military members, and contractor employees of cleared facilities under the Defense Industrial Security Program unless the official authorized to approve travel orders and designate courier individuals to handcarry such, shall have made written prior determination that an emergency situation exists, and that:

(1) There is neither time nor other transmission means available to move the material in the times required to accomplish operational objectives and contract requirements, to include Request for Quotation (RFQ) and Request for Bid (RFB),

(2) The procedural and documentary requirements set forth in §§ 159.800-1 and 159.801 through 159.802-3 will be followed.

(b) The carrying of classified material across national borders shall not be permitted unless the responsible official concerned has made provisions to preclude customs, postal, or other inspections (see §§ 159.800-1, 159.800-2 and 159.800-3).

(c) Foreign carriers may not be utilized unless the U.S. escort has physical control of the classified material.

(d) If it is determined that the conditions described in § 159.800 (a) (1) exist, classified material may be carried or shipped on commercial passenger aircraft moving within or between the area encompassed by the United States, and its territories, and Canada. Classified material may not be carried on commercial passenger aircraft moving to or from the described areas, or from place to place outside such area.

§ 159.800-1 Top Secret.

Transmission of Top Secret shall be effected only by:

(a) The Armed Forces Courier Service (ARFCOS),

(b) Authorized Component Courier Services,

(c) If appropriate, the Department of State Courier System,

(d) Cleared and designated personnel traveling on a conveyance owned, controlled or chartered by the government or DoD contractors,

(e) Cleared and designated U.S. Military personnel or Government civilian employees by surface transportation,

(f) Cleared and designated U.S. Military personnel or Government civilian employees on scheduled commercial passenger aircraft within and between the United States and its territories, and Canada, when the applicable provisions of this subpart are adhered to,

(g) Cleared and designated DoD contractor employees by surface means within U.S. boundaries only or on scheduled commercial passenger aircraft within and between the United States and its territories when the applicable provisions of this subpart are adhered to, (h) Approved electrical means electrical means in unencrypted form over Protected Wireline Distribution Systems which have been approved by the Director, Defense Communications Agency or his designee, or other authorities designated by the United States Communications Security Board.

§ 159.800-2 Secret.

or

Transmission of Secret material may be effected by:

(a) Any of the means approved for the transmission of Top Secret, except that Secret material may be introduced into the ARFCOS only when the control of such material cannot otherwise be maintained in U.S. custody. (The foregoing restriction on introduction into ARFCOS does not pertain to cryptological and cryptographic material.)

(b) Appropriately cleared contractor employees for transmission within and between the area encompassed by the United States and its Territories. In other areas, contractor employees may transmit Secret material by surface means within national borders, only when it is necessary for the contractor employee in the performance of the contract, project or mission to remove the classified information from a United States Government activity.

(c) United States Postal Service registered mail within and between the United States and its Territories.

(d) United States Postal Service registered mail through Army, Navy, or Air Force Postal Service facilities, outside the area described in c. above, provided that the material does not at any

time pass out of United States citizen control and does not pass through a foreign postal system.

(e) United States Postal Service registered mail with registered mail receipt between United States Government and/ or Canadian Government installations in the United States and Canada.

(f) Qualified carriers authorized to transport Secret material via a Protective Security Service (PSS) under the Department of Defense Industrial Security Program. This method is authorized only within United States boundaries and only when the size, bulk, weight, nature of the shipment, or escort considerations make the use of other methods impractical.

(g) Other carriers under escort of appropriately cleared personnel. Carriers included are Government and Government contract vehicles, aircraft, ships of the United States Navy, civil service manned United States Naval ships, and ships of U.S. Registry. Appropriately cleared operators of vehicles, officers of ships or pilots of aircraft who are United States citizens may be designated as escorts provided the control and surveillance of the carrier is maintained on a 24-hour basis. The escort shall protect the shipment at all times, through personal observation or authorized storage to prevent inspection, tampering, pilferage or unauthorized access until delivery to the consignee. However, observation of the shipment is not required during the period it is stored in an aircraft or ship in connection with flight or sea transit, provided the shipment is loaded into a compartment which is not accessible to any unauthorized persons aboard, or loaded in specialized containers, including closed cargo containers.

(h) Electrical means over approved communication circuits.

outer envelopes/wrappers of such Confidential material shall be endorsed "Postmaster: Do Not Forward Outside Areas Served by U.S. Civil Post Offices." Certified, or if appropriate, registered mail, shall be used for material directed to DoD contractors.

(c) United States Postal Service registered mail for (1) Confidential material of NATO, SEATO and CENTO; (2) to and from FPO or APO addressees located outside the area set forth in § 159.8003(b), above; and (3) other addressees when the originator is uncertain that their location is within the United States boundaries. Use of return postal receipts on a case-by-case basis is authorized.

(d) Within United States boundaries, commercial carriers which provide a Security Signature Service (SSS). This method is authorized only when the size, bulk, weight, nature of the shipment or escort considerations make the use of other methods impractical.

(e) In the custody of commanders or masters of ships of United States registry who are United States citizens. Confidential material shipped on ships of United States registry may not pass out of United States Government control. The commanders or masters must receipt for the cargo and agree to: (1) Deny access to the Confidential material by unauthorized persons, including customs inspectors, with the understanding that Confidential cargo which would be subject to customs inspection will not be unloaded; and (2) maintain control of the cargo until a receipt is obtained from an authorized representative of the consignee.

(f) Alternative transmission of confidential. The head of any component having authority to originally classify information or material as "Confidential" may, by rule or regulation provide alternate or additional methods affording at least an equal degree of security for the transmission of such material outside the department.

recipient government at the point of departure from the United States, or its territories, provided that at the time of delivery a duly authorized representative of the recipient government is present at the point of departure to accept delivery, to insure immediate loading, and to assume security responsibility for the classified material.

(3) To a cleared storage facility located at or near the loading point.

(b) Classified material shall be transferred on a government-to-government basis by duly authorized representatives of each government, and shall not pass to a foreign government until a delivery receipt, to include a United States postal receipt where applicable, has been executed by a duly authorized representative of the recipient foreign government.

(c) Each contract, agreement or arrangement which contemplates transfer of classified material to a foreign government within the United States, its territories and possessions, shall designate a point of delivery in accordance with paragraph (a) (1), (a) (2), or (a) (3) of this section. If delivery is to be made at a point described in paragraph (a)(2) of this section, the contract, agreement, or arrangement shall provide for United States Government storage, or storage by a cleared commercial carrier or other cleared storage point at or near the delivery point, so that the classified material may be temporarily stored in the event the carrier designated by the recipient foreign government is not available for loading. Any storage facility used or designated for this purpose must afford the classified material the protection required by this regulation.

(d) If classified material is to be delivered to a foreign government within the recipient country, it shall be transmitted in accordance with this subpart. Unless the material is accompanied by a designated or approved courier or escort, it shall, on arrival in the recipient country, be delivered to a United States Government representative who shall arrange for transfer to a duly authorized representative of the recipient foreign government.

(e) If classified material is to be delivered to the representatives of a foreign government within a third country it shall be delivered by a U.S. courier or escort to such representative at an agency or installation of the United States or of the recipient country which has extraterritorial status or is otherwise

exempt from the jurisdiction of the third country.

§ 159.800-5

Consignor-consignee responsibility for shipment of bulky material.

The consignor of a bulk shipment shall:

(a) Normally, select a carrier which will provide a single line service from the point of origin to destination, when such a service is available.

(b) Ship packages weighing less than 200 pounds gross only in closed vehicles.

(c) Notify the consignee, and military transshipping activities, of the nature of the shipment (including level of classification), the means of shipment, the numbers of seals if used, and the anticipated time and date of arrival by separate communication at least 24 hours in advance of arrival of the shipment. Advise the first military transshipping activity that, in the event the material does not move on the conveyance originally anticipated, the transshipping activity should so advise the consignee with information of firm transshipping date and estimated time of arrival. Upon receipt of the advance notice of a shipment of classified material, consignees and transshipping activities shall take appropriate steps to receive the classified shipment and to protect it upon arrival.

(d) Annotate the bills of lading to require the carrier to notify the consignor immediately, by the fastest means, if the shipment is unduly delayed enroute. Such annotations shall not, under any circumstances, disclose the classified nature of the commodity.

(e) Require the consignee to advise the consignor of any shipment not received more than 48 hours after the estimated time of arrival furnished by the consignor or transshipping activity. Upon receipt of such notice, the consignor shall immediately trace the shipment. If there is evidence that the classified material was subjected to compromise, the procedures set forth in Subpart-Compromise of Classified Information of this regulation for reporting compromises shall apply.

§ 159.800-6 Transmission of Communications Security (COMSEC) material.

Communications Security (COMSEC) material shall be transmitted in accordance with National Security Agency KAG-1D.

§ 159.800-7 Transmission of Restricted Data.

Restricted Data documents shall be transmitted in the same manner as other material of the same security classification. The transporting and handling of nuclear weapons or nuclear components shall be in accordance with applicable component directives.

RESTRICTIONS ON CLASSIFIED MATERIAL § 159.801 Personnel in a travel status. When the responsible official has determined in accordance with the provisions of § 159.800, that it is necessary for personnel in travel status to carry classified material in the performance of official duties, the following shall apply: (a) A determination shall be made to ascertain whether the necessary classified material is available at the destination of the traveler. If the material is available, no additional transmission shall be authorized.

(b) If the needed classified material is not available at the destination of the traveler, responsible officials shall, whenever possible, have the classified material transmitted to the activity being visited by other authorized means.

(c) If it is impossible to comply with either paragraph (a) or (b) of this section, responsible officials may authorize appropriately cleared personnel to carry or transmit classified material on their persons between their duty station and the activity to be visited subject to the following conditions:

(1) The classified material shall be in the physical possession of the individual at all times if proper storage at a United States Government activity or appropriately cleared contractor facility (continental United States only) is not available. Classified material shall not be left in such places as locked automobiles, hotel rooms, hotel safes, train compartments, private residences, public lockers, etc.

(2) Classified material shall not be read, studied, displayed, or used in any manner in public conveyances or places.

(3) When classified material is carried in a private, public or Government conveyance, it shall not be stored in any de-* tachable storage compartment such as automobile trailers, luggage racks, aircraft travel pods or drop tanks.

(4) Written statements authorizing the transmission or carrying of elassifield material shall be provided by re

sponsible officials to all individuals traveling outside of or direct flight between the areas encompassed by the United States and its Territories, and Canada or utilizing commercial aircraft. This authorization statement, which may be included in official travel orders, also should ordinarily permit the individual to pass through any customs without the need for subjecting the classified material to inspection. If difficulty with customs is encountered the individual shall refuse to disclose the classified material to customs inspection, and take action under the appropriate provisions of § 159.802.

(5) A list of all classified material carried or transmitted by individuals traveling will be maintained by the command to which the individual is attached. Upon return of the traveler, all classified material shall be accounted for.

(6) All individuals authorized to carry or transmit classified material while in a travel status shall be fully informed of the provisions of this subpart prior to departure from their duty station.

§ 159.801-1 Travel on commercial passenger aircraft susceptible to hijacking.

(a) As a result of hijackings, close attention must be given to the necessity for travel by commercial passenger aircraft of personnel hand-carrying classified material and of personnel having knowledge of sensitive information.

(b) In the event that an individual is a passenger aboard a commercial passenger aircraft which is hijacked and landed in a foreign country, he shall conduct himself as follows:

(1) If identification is required and an individual is in uniform, he shall show his Armed Forces Identification Card. If in civilian clothes, he should show civilian identification initially; however, if asked directly if he is in the armed forces, he should not attempt to deny military affiliation.

(2) If questioned or interrogated in a foreign country, commonsense judgment shall be used in making any response but personnel shall not under any circumstances reveal classified information.

(3) Upon return to United States control, official United States investigators may want to debrief detainees. Personnel should, therefore, observe and mentally note the methods and procedures used

The provisions of §§ 159.800 through 159.801-1 contain prerequisites which must be met prior to the authorization under this section to hand-carry classified material aboard commercial passenger aircraft.

§ 159.802-1 Basic requirements.

(a) Advanced and continued coordination by DoD Component and contractor officials shall be made with departure airline/terminal officials and, where possible, with intermediate transfer terminals to develop mutually satisfactory arrangements within the terms of this issuance and FAA guidance.

(b) The individual designated as courier shall be in possession of either DD Form 2 (any color) or other DoD or contractor picture identification card and written authorization to carry classified material (see § 159.802-2 § 159.802-3 below).

and

(c) The courier shall have been briefed as to the provisions of §§ 159.801 and 159.801-1 and of §§ 159.802 through 159.802-4.

§ 159.802-2

Procedures for carrying classified documents.

Persons carrying classified documents should process through the airline ticketing and boarding procedure in the same manner as all other passengers, except for the following:

(a) The passenger shall present himself at the screening station for routine processing. The classified documents being carried shall contain no metal bindings and shall be contained in sealed envelopes. Should such envelope be contained in a briefcase or other carry-on luggage, the briefcase or luggage shall be routinely offered for opening for inspection for weapons. The screening official should be able to inspect the envelopes by flexing, feel, weight, etc., without any