(2) Restricted Data or Formerly Restricted Data. Restricted Data and Formerly Restricted Data information shall be marked in accordance with regulations issued under the Atomic Energy Act of 1954, as amended.

or

(3) Intelligence sources or methods. Documents that contain information relating to intelligence sources methods shall include the following markings unless otherwise prescribed by the Director of Central Intelligence: "WARNING NOTICE-INTELLIGENCE SOURCES OR METHODS INVOLVED."

(4) Foreign government information (FGI). Documents that contain FGI shall include either the marking "FOREIGN GOVERNMENT INFORMATION", or a marking that otherwise indicates that the information is foreign government information. If the fact that information is foreign government information must be concealed, the marking shall not be used and the document shall be marked as if it were wholly of U.S. origin.

(5) Electrically transmitted information (messages, cables). National security information that is transmitted electrically shall be marked as follows: (i) The highest level of classification shall appear before the first line of text;

(ii) A "Classified By" line is not required; i.e., name and office of classifier may be omitted; and

(iii) The duration of classification shall appear as follows:

(A) For information to be declassified automatically on a specific date or event: "DECL: (date)" or "DECL: (description of event)."

(B) For information not to be automatically declassified which requires the originating agency's determination: "DECL: OADR."

(C) For information to be automatically downgraded: “DNG (abbreviation of classification level to which the information is to be downgraded and date or description of event on which downgrading is to occur).”

(iv) Portion marking shall be as prescribed in paragraph (a)(3) of this section.

(v) Special markings as prescribed in section 2001.5(e) 2, 3, & 4 of the Directive shall appear after the marking for

the highest level of classification. These include:

(A) Restricted Data or Formerly Restricted Data: Electrically transmitted information containing Restricted Data or Formerly Restricted Data shall be marked in accordance with regulations issued under the Atomic Energy Act of 1954, as amended.

(B) Information concerning intelligence sources and methods; "WNINTEL," unless proscribed by the Director of Central Intelligence.

(C) Foreign government information: "FGI" or a marking that otherwise indicates that the information is foreign government information. If the fact must be concealed, the marking shall not be used and the message shall be marked as if it were wholly of U.S. origin.

(vi) Paper copies of electrically transmitted messages shall be marked as provided in paragraph (a) through (e) of this section.

(6) Changes in classification markings. When a change is made in the level or the duration of classified information, all holders of record shall be promptly notified. Holders shall alter the markings to conform to the change, citing the authority for it. If the remarking of large quantities of information is unduly burdensome, the holder may attach a change of classification notice to the storage unit in lieu of the marking action otherwise required. Items withdrawn from the collection for purposes other than transfer for storage shall be marked promptly in accordance with the change notice.

§ 9.13 Transferred material.

(a) In the case of classified information transferred in conjunction with a transfer of functions, and not merely for storage purposes, the receiving agency shall be deemed to be the originating agency for purposes of the Order.

(b) In the case of classified information that is not officially transferred as described in section 3.2(a) of the Order, but that originated in an agency that has ceased to exist and for which there is no successor agency, each agency in possession of such in

§ 9.14 Declassification and downgrading.

(a) General. Information should be declassified or downgraded as soon as national security considerations permit. Information will be protected in accordance with the provisions of the Order for as long as it meets the classification requirements prescribed by these regulations. Agencies shall coordinate their review of classified information with other agencies or foreign governments that have a direct interest in the subject matter.

(b) Authority to declassify or downgrade. Information shall be declassified or downgraded by the official who authorized the original classification, if that official is still serving in the same position; the originator's successor; a supervisory official of either; or officials delegated such authority in writing by the agency head or the senior agency official designated pursuant to section 5.3(a)(1) of the Order. In addition, if the Director of ISOO determines that information is classified in violation of the Order, the Director may require the agency which classified the information to declassify it. Any such decision by the Director may be appealed to the National Security Council. The information shall remain classified until a decision has been made on the appeal.

(c) The agency shall maintain a current, unclassified, listing of officials delegated declassification and downgrading authority.

§ 9.15 Systematic review for declassification guidelines.

(a) The agency may schedule classified records of permanent historical or

other value for bulk review for declassification and may either perform such review itself, or may refer the records, together with guidelines for declassification, to the Archivist of the United States for review.

(b) For records of the Department of State, a sampling of classified records of permanent value for a given period will be selected by the Office of the Historian (PA/HO), and reviewed by the Systematic Review Office of the Classification/Declassification Center. The Systematic Review Office will prepare guidelines, which will be transmitted by the Secretary of State to the Archivist of the United States, not later than February 1, 1983, for use in reviewing the remainder of the permanently valuable classified records of the given period when these records are accessioned to the National Archives.

(c) AID will prepare guidelines, and transmit them to the Archivist of the United States not later than February 1, 1983, for use in reviewing permanently valuable classified records that have been accessioned to the National Archives. The Records Management Branch, Communications and Records Management Division, (M/SER/MO), is designated as the office responsible for systematic review matters within the agency. The Branch Staff will provide assistance to the Archivist in the systematic review process.

(d) For information concerning records of ICA, contact the agency's Declassification Officer, Office of Administration.

(e) The agency guidelines will identify categories of information which cannot be automatically declassified but must be reviewed item-by-item to determine if there is a need for continued protection.

(f) These guidelines may be authorized by the agency head for use by other agencies, in addition to the National Archives, having custody of the originating agency's classified information of the period covered.

(g) These guidelines shall be reviewed and updated every five years, unless earlier review is requested by the Archivist.

(h) For foreign government information, the agency will prepare by Febru

ary 1, 1983, specific guidelines for systematic review of foreign government information in records accessioned to the National Archives, and will revise such guidelines every five years or earlier as requested by the Archivist.

(i) Special procedures. The agency shall be bound by the special procedures for systematic review of classified cryptologic records and classified records pertaining to intelligence activities (including special activities) sources or methods issued by the Secretary of Defense and the Director of Central Intelligence, respectively.

§ 9.16 Mandatory review.

Each agency shall review for declassification any classified information requested, under the Mandatory Review provisions of the Order except as noted in paragraph (d) of this section, provided that: The requester is a U.S. citizen, resident alien, Federal agency, or state or local government; the request describes the information with sufficient specificity to enable the agency to locate the records containing the information with a reasonable amount of effort; and the agency receiving the request is the agency that originated the information. When an agency receives a request for information in its custody which was originated by another agency, it shall refer the information and request to the originating agency for its review and direct response to the requester.

(a) Foreign government information. Except as provided in this paragraph, agencies shall process mandatory review requests for classified records containing foreign government information in accordance with § 2001.32(a) of the ISOO Directive. The agency that initially received or classified the foreign government information shall be responsible for making a declassification determination after consultation with concerned agencies. If the agency receiving the request is not the agency that received or classified the foreign government information, it shall refer the request to the appropriate agency for action. Consultation with the foreign originator through appropriate channels may be necessary prior to final action on the request.

(b) Information requested shall be declassified if it no longer requires protection under the provisions of the Order. It will then be released to the requester unless withholding is otherwise authorized under applicable law, such as the Freedom of Information or Privacy Act. If the information requested cannot be declassified in its entirety, the agency will make reasonable efforts to release those declassified portions that constitute a coherent segment. Upon the denial of an initial request, the agency shall also notify the requester of the right of administrative appeal, which must be filed within 60 days of receipt of the denial, and shall enclose a copy of the agency's regulations governing the appeal process.

(c) Initial requests may be addressed to:

(1) Department of State: The Information and Privacy Coordinator, Room 1239, Bureau of Administration, Department of State, Washington, D.C. 20520, with the envelope clearly marked MANDATORY REVIEW REQUEST;

(2) AID: Director, Office of Public Affairs for AID; Room 4899, 2201 C Street, NW., Washington, D.C. 20523;

or

(3) USIA: Freedom of Information and Privacy Act Coordinator, Office of Administration, 1776 Pennsylvania Avenue, NW., Washington, D.C. 20547.

(d) In responding to mandatory review requests, agencies shall either make a prompt declassification determination and notify the requester accordingly, or inform the requester of the additional time needed to process the case. Agencies shall make a final determination in one year from the date of receipt, except in unusual circumstances.

(e) Information originated by a President, the White House Staff, by committees, commissions, or boards appointed by the President, or others specifically providing advice and counsel to a President or acting on behalf of a President is exempted from mandatory review. However, the Archivist of the United States has the authority to review, downgrade, and declassify such information which is under the control of the Administrator of Gener

al Services or the Archivist, for example in Presidential Libraries, pursuant to section 2107, 2107 note, or 2203 of title 44, United States Code. The Archivist will consult with agencies having primary subject matter interest concerning the declassification of the requested material. Any decision by the Archivist may be appealed to the Director of ISOO, with the right of further appeal to the National Security Council. The information shall remain classified pending a prompt decision on the appeal.

(f) Requests for classified information not specifically identified as being made under the Mandatory Review provisions of the Order will be processed under the terms of the FOIA, the Privacy Act, or other appropriate procedures.

(g) In considering requests for mandatory review, the agency may decline to review again any request for material which has been recently reviewed and denied, unless the request constitutes an appeal of an initial denial.

(h) Mandatory review requests for cryptologic information and information concerning intelligence activities (including special activities) or intelligence sources or methods shall be processed solely in accordance with special procedures issued by the Secretary of Defense and the Director of Central Intelligence, respectively.

(i) In response to a request for information under the Freedom of Information Act, the Privacy Act of 1974, or the mandatory review provisions of the Order, an agency shall refuse to confirm or deny the existence or nonexistence of requested information whenever the fact of its existence or non-existence is itself classifiable under these regulations.

(j) For detailed regulations for the internal processing of mandatory review initial requests and appeals see: (1) Department of State: 5 FAM 900, 22 CFR 171.22 and 171.60;

(2) AID: AID Handbook 18, Part III, Chapter 11; or

(3) USIA: 22 CFR Part 503.

§ 9.17 Schedule of fees.

For State, see 22 CFR 171.6 and 171.13; For AID, see 22 CFR 212.35; or For USIA, see 22 CFR 503.6(c).

§ 9.18 Access by presidential appointees.

For procedures of the Department of State, see 22 CFR 171.25; For procedures of AID, see 22 CFR 171.25; or For procedures of USIA, see 22 CFR Part 503.

APPENDIX A-DEFINITIONS

For the purpose of these security regulations, the following definitions of terms shall apply.

Agency. A Federal agency, including department, agency, commission etc, as defined in 5 U.S.C. 552(e).

Original classification. The initial determination that, in the interest of national security, information requires protection against unauthorized disclosure, together with a classification designation signifying the level of protection required.

Original classification authority. The authority vested in an executive branch offiIcial to make a determination of original classification. A person having original classification authority may also have the authority to prolong or restore classification.

Originating agency. The agency responsible for the initial determination that particular information is classified.

Information. Any information or material, regardless of its physical form or characteristics, that is owned by, produced by or for, or is under the control of the U.S. Government.

National security information. Information that has been determined pursuant to this Order or any predecessor Order to require protection against unauthorized disclosure and that is so designated.

Foreign government. Includes foreign governments and international organizations of governments.

Foreign government information. Foreign government information is: (1) Information provided by a foreign government or governments, an international organization of governments, or any element thereof with the expectation, expressed or implied, that the information, the source of the information, or both, are to be held in confidence; or (2) Information produced by the United States pursuant to or as a result of a joint arrangement with a foreign government or governments or an international organization of governments, or any element thereof, requiring that the information, the arrangement, or both, are to be held in confidence. National security. The national defense or foreign relations of the United States.

Confidential source. Any individual or organization that has provided, or that may reasonably be expected to provide, information to the United States on matters per

taining to the national security with the expectation, expressed or implied, that the information or relationship, or both, be held in confidence.

Classification guide. A document issued by an authorized original classifier that prescribes the level of classification and appropriate declassification instructions for specified information to be classified derivatively.

Derivative classification. A determination that information is in substance the same as information currently classified, together with the designation of the level of classification.

Special access program. Any program imposing "need-to-know" or access controls beyond those normally provided for access to Confidential, Secret, or Top Secret information. Such a program may include, but is not limited to, special clearance, adjudication, or investigative requirements, special designations of officials authorized to determine "need-to-know," or special lists of persons determined to have a "need-to-know.” It does not include special captions such as NODIS, LIMDIS.

Intelligence activity. An activity that an agency within the Intelligence Community is authorized to conduct pursuant to the Order.

Unauthorized disclosure. A communication or physical transfer of classified information to an unauthorized recipient.

(41 FR 32691, August 5, 1976) entitled "Classification of Certain Information and Material Obtained from Advisory Bodies Created to Implement the International Energy Program."

§ 9a.2 General policy.

(a) The United States has entered into the Agreement on an International Energy Program of November 18, 1974, which created the International Energy Agency (IEA). This program is a substantial factor in the conduct of our foreign relations and an important element of our national security. The effectiveness of the Agreement depends significantly upon the provision and exchange of information and material by participants in advisory

bodies created by the IEA. Confidentiality is essential to assure the free and open discussion necessary to accomplish the tasks assigned to those bodies.

(b) These regulations establish procedures for the classification, declassification, storage, access, and dissemination of certain information related to the International Energy Program. § 9a.3 Scope.

These regulations apply to all information and material classified by the United States under the provisions of E.O. 11932, dated August 4, 1976 entitled "Classification of Certain Information and Material Obtained From Advisory Bodies Created To Implement The International Energy Program."

§ 9a.4 Classification.

(a) Section 1 of E.O. 11932, August 4, 1976 directs that information and material obtained pursuant to the International Energy Program and which requires protection against unauthorized disclosure in the interest of the national defense or foreign relations of the United States shall be classified pursuant to Executive Order 11652.

(b) Information and material, including transcripts, records, and communications, in the possession of the United States Government which has been obtained pursuant to (1) section 252(c)(3), (d)(2) or (e)(3) of the Energy Policy and Conservation Act (89 Stat.