EXECUTIVE ORDER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00988R000200240009-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 26
• Document Creation Date: December 16, 2016
• Document Release Date: July 19, 2005
• Sequence Number: 9
• Content Type: REGULATION

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Executive Order
National Security Information
It is vital that certain information in the Government's
possession be uniformly protected against unauthorized
disclosure. It also is essential that the public be informed
concerning the activities of its Government. The interests of
the United States and its citizens require that certain
information concerning our national defense and foreign relations
be given only limited dissemination. To ensure that such
inforrnr-ition is adequately safeguarded, this Order identifies the
information to be so protected, prescribes classification,
declassification, and safeguarding-standards to be followed, and
establishes a monitoring system to ensure its effectiveness.
SECTION 1. ORIGINAL CLASSIFICATION.
1-1.. Classification Designacion.
1-101. Information or material that requires protection
against unauthorized disclosure in the interest of national
security shall be classified in one of the three categories
listed below. 'Information and material shall be protected at an
appropriate level of classification until a final determination-o"
is made as to the need for protection and the level of required
protection. No other categories of classification shall be used
to identify information or material as requiring protection in
the interest of national security, except as otherwise provided
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by statute. Nothing in this Order shall be construed as limiting
the protection afforded national security information by other
provisions of law.
1--102. "Top Secret" shall be applied to information, the
unauthorized disclosure of which reasonably could be expected to
cause exceptionally grave damage to the national security.
1-103. "Secret" shall be applied to information, the
unauthorized disclosure of which reasonably could be expected to
cause serious damage to the national security.
1-104. "Confidential" shall be applied to information, the
unau':ho,: zed disclosure of which reasonably could be expected to
cause damage to' the national security.
1-2. Classification ,Authority.
1-201. Top Secret. Authority for original classification
of information as Top Secret may be exercised only by the
President, by such agency heads or officials as the President-may
designate by publication in the Federal Register,. and by
officials to whom such authority is delegated in accordance with
Section 1-204.
1-202. Secret. Authority for original classification of
information as Secret may be exercised only by such agency heads
or officials as the President may designate by publication in th`e
Federal Register, by officials who have Top Secret classification
authority, and by officials to whom such authority is delegated
in accordance with Section 1-204.
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1-203. Confidential. Authority for original classification
of information as Confidential may be exercised only by such
agency heads or officials as the President may designate by
publication in the Federal Register, by officials who have Top
Secret or Secret classification authority, and by officials to
whom such authority is delegated in accordance with Section 1-
204.
1-204. Limitation on Delegation of Original Classification
Author ice.
(a) Authority to originally classify information as
Top Secret may be delegated only to principle subordinate
officials who have a need to-exercise such authority as
determined.by the President, by agency heads designated
pursuant to Section 1-201 or by senior officials designated
in writing to exercise this authority by such agency heads.
(b) Authority to originally classify information as
Secret may be delegated only to subordinate'. officials who
have a need to exercise such authority as determined by the
President, by agency heads designated pursuant to Section 1-
201 and 1-202, and by officials with Top Secret
classification authority.
(c) Authority to originally classify information as
Confidential may be delegated only to subordinate officials
who have a need to exercise such authority as-determined by
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Section 1-201, 1-202, and 1-203, and by officials with Top
Secret classification authority.
(d) Delegated original classification authority may
not be redelegated.
(e) Each delegation of original classification
authority shall be in writing by name or title of position
held.
(f) Delegations of original classification authorit
.s all be limited to the absolute minimum required to
exercise such authority to effectively and efficiently
administer this Order. Agency heads shall implement
procedures that ensure that officials so designated have a
demonstrable and continuing need to exercise such authority.
1-205. Exceptional Cases. When an employee or contractor
of an agency that does not have original classification authority
originates information believed to require classification, the
information shall be protected in a manner consistent with this
Order and its implementing directives. The information shall be,
transmitted promptly under adequate safeguards to the agency
.which has appropriate subject matter interest and classification
authority with respect to this information.. That agency shall
decide within 30 days whether tp classify this information. If
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it is t clear which agency has classification responsibility
for this information, it shall be sent to the Director of the
Information Security Oversight Office for review. The Director
shall consult with any agency determined to have a subject matter
interest in this information before making any decision in this
regard.
1-3. Classification'Pecruirements.
1-301. Information may be considered for classification,
and is thus classifiable, if it concerns:
(a) military plans, weapons, or operations;
(b) the vulnerabilities or capabilities of systems,
installations, projects, or plans vital to the national
security;
(c) foreign government information;
(d) intelligence activities, sources or methods;
(e) foreign relations or foreign activities of the
.United States;
(f) scientific, technological, or economic matters
relating'to the national security;
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(g) United States Government programs for safeguarding
nuclear materials or facilities;
(h) cryptology;
(i) an individual whose life or safety may be placed
.in jeopardy by disclosure of such information;
(j) techniques, procedures or material relating to the
protective mission of the United States Secret Service; or
(k) other categories of information which are related
to national security and which require protection against
'unauthorized disclosure as determined by senior agency
officials designated pursuant to Section 5-404(a).
1-302. Information which is determined to concern one or
more of the criteria in Section 1-301 may be classified only when
an original classification authority also determines that its
unauthorized disclosure reasonably could be expected to cause
damage to the national security. In considering whether the
disclosure of information could be.expected*to cause damage to
the national security, it is not necessary to consider such
information. in isolation. 'Information may be classified if its
unauthorized disclosure, in .conjunction with one or more other
disclosures, reasonably could be expected to cause such damage.
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1-303. Unauthorized disclosure of foreign government
information, information which could compromise the identity of a
confidential source, or information relating to intelligence
sources, methods, and activities is presumed to cause damage to
the national. security. The classification status of the above
described information shall not be affected by any unofficial
publication in the United States or abroad of identical or
similar information.
1-4. Duration of Classification.
J-401. Information shall be classified for as long as
required by national security considerations. Guidelines shall
be developed by agencies to ensure the effectiveness and
integrity of the classification system while eliminating the
accumulation of classified information which no longer reguires
'protection. These guidelines shall facilitate the identification
of information which should be considered for downgrading or
declassification based on the degree to which the passage of time
or the occurrence of a specific event or events may'have
eliminated or reduced the original national security sensitivity-
.of this information. To the extent practicable, original
classification authorities. shall set a specific date or event for
declassification..at the time the information is originally
classified.
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1-5. Identification and Markings.
1-501. At the time of original classification, the
following should be shown on the face of all classified
documents, and prominently displayed, where practicable, on all
other forms of classified information, except where such markings
would reveal a confidential source or relationship not otherwise
evident from the face of such documents or information:
(a) the office of.origin;
(b) if-appropriate, the date or event for
declassification or review; and
(c) one of the three classification designations
defined in Section 1-1.
1-502. Only the designations Top Secret, Secret, or
Confidential may be used to identify classified information.
Markings such as "For Official Use Only" and "Limited Official
Use" may not be used for that purpose. Terms such as "Sensitive"
or "Agency" may not be used in conjunction with the classifi-
cation designations prescribed by this Order; e.g., "Agency
Confidential" or ".Sensitive/Secret."
1-503. Each classified document, to the extent practicable,
shall be marked or shall otherwise indicate which portions are
classified with the appropriate classification designation,. and
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which portions are not classified. -Agency heads designated
pursuant to Section 1-2 may, for good cause, except specified
classes of documents or information from this portion-marking
requirement.
1=504. Foreign government information shall either retain
its original classification designation or be assigned a United
States classification designation that shall ensure a degree of
protection equivalent to that required by the entity that
furnished the information.
1-505. Classified documents that contain or reveal
information that is subject` to special dissemination and
reproduction limitations authorized by this Order shall be marked
clearly so as to place the user on notice of the restrictions.
1-6. Prohibitions.
1-601. Classification shall be determined solely on the
ba..is of national security consic.erations. In no case shall
information be classified in order to conceal violations of law,-
inefficiency or administrative error, to prevent embarrassment to
a person, or organization or agency, or to restrain competition,--
or to prevent for any other reason the release of information
which does not require protection in the interest of national
security.
1-602. Classification-may not be used to limit
dissemination of information that is not classifiable under the
provisions of this order or, to prevent or delay the public
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release of such information.
1-603. A document may be classified after an agency has
received a request for the document under the Freedom of
Information Act or the Mandatory Review provisions of this Order
(Section 3-4) if such classification is consistent with this
Order and is authorized by the agency head, the deputy agency
head, or by a senior agency-official designated pursuant to
Section 5-404. Classification authority under this provision
shall be exercised personally, on a document-by-document basis.
1-604. Information which has been reviewed for -
declassification under the procedural and substantive criteria of
E.O. 1.2065 pursuant to a Freedom of Information Act or Mandatory
Review request which is still pending at the time this Order
becomes effective, need not be rereviewed under the provisions of
this order.
SECTION 2. DERIVATIVE CLASSIFICATION.
2-1. Use'of Derivative Classification.
2-101. Original classification authority shall not be
delegated to persons who only reproduce, extract, or summarize
classified information, or who only apply classification markings
derived from source material or as directed by a classificatior,i-
guide.
2-102. Persons who apply such derivative classification
markings shall:
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(a) observe and respect original classification
decisions, which shall not be altered by the use of a
classification level, time limit, or other marking different
from the original on any copy, extract,. paraphrase,
restatement, or summary of any classified item except as
specified under approved procedures for downgrading,
declassification, or classification review in accordance
with.Section 3 below; and
(b) carry forward to any newly created documents any
assigned dates or events for declassification or review and
any additional authorized markings. A single marking may be
used for documents based on-multiple sources.
2-2. Classification Guides.
2-201. Acjenciec may promulgate classification guides to
facilitiate the proper and uniform classification of
information. These guides may also be used to direct derivative
classification. To the extent that information is classified
pursuant to these guides, such classification is derivative
classification and will be marked accordingly.
Section 3. DECLASSIFICATION AND DOWNGRADING.
3-i. Declassification Authority.
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3-101. Information shall be declassified or downgraded as
soon as national security considerations permit. Information
that continues to meet the classification requirements prescribed
by Section 1-3 despite the passage of time will continue to be
protected in accordance with that section.
3-102. Agencies shall designate appropriate officials to
exercise declassification and downgrading authority. To the
fullest extent practicable, such authority will be exercised by
the official who authorized the original classification if that
official is still serving in the same position, or by the
originator's officiallly authorized successor.
3-103. The provisions of this section relating to
declassification shall apply to agencies which, under the terms
of this Order, do not have authority to originally classify
information, but which had such authority under prior orders.
3-2. Transferred Information.
3-201. 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 this Order.
3-202. In the case of classified information which is not
officially transferred in accordance with Section 3-201, but
originated in an agency which has ceased to exist, each agency in
possession shall be deemed to be the originating agency for
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purposes of this Order. Such information may be declassified or
downgraded by the agency in possession after consulting with any
other agency which has an interest in the subject matter of the
information.
3-203. Classified information transferred to the General
Services Administration for accession into the Archives of the
United States shall be downgraded or declassified in accordance
with this Order, with directives of the President issued through
the 11atiOnal Security Council, and with agency guidelines
promulgated in consultation with the information Security
Oversight Office.
3-3. Systematic Review for Declassification.
3-301. Agency heads designated pursuant to Section 1-2 and
the heads of agencies which had original classification authority
under prior orders may establish procedures for the systematic
review of classified information for the purpose of declassifying.
or downgrading such information in accordance with the
classification requirements of Section 1-3. Guidelines
concerning systematic review for declassification may be issued
by such agency heads for classified information under their
jurisdiction after consultation with the Archivist of the United
States and review by the Information Security Oversight Office.
Information for which no systematic declassification guidelines`"
are issued, or information which is not identified in these
guidelines as requiring systematic review, and for which a prior
automatic declassification date has not been established, will be
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 subjec, pp v o lJd 2d@'6@i(?& 00bg8R8620d g9Igith the
mandatory review for declassification provisions of Section
3-4.
3-302. The Secretary of Defense may establish special
procedures for systematic review for declassification of
classified cryptologic information, and the Director of Central
Intelligence may establish special procedures for systematic
review for declassification.of classified information pertaining
to intelligence sources and methods. These guidelines, if
developed, will be used by the Archivist of the United States or
any agency having custody of this information.
3-4. Mandatory Review for Declassification.
3-401. All classified information and material shall be
subject. to a classification review by the originating agency at
any time after the expiration of ten years from the date of the
information's origin provided:
(1) A United States person or United States federal,
state, or local governmental body or agency, requests a
review;
(2). The request describes the record with sufficient
specificity to enable the agency to locate it; and
(3) The record can be located and obtained with a
reasonable amount of effort.
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3-402. This procedure shall apply to information. classified
under this Order or prior orders. Requests for declassification
under this provision shall be acted upon within 60 days. After
review, information that no longer requires protection under this
Order shall be declassified and released unless withholding is
otherwise warranted under applicable law.
3-403. Requests for mandatory review shall be processed in
accordance with procedures developed by agency heads in
consultation with the Archivist of the United States and the
Inforniation Security Oversight Office. These procedures shall be
authorized for use by the Archivist of the United States and may,
upon approval of the, issuing authority, be used by any agency
having custody of the information.
3--404. Special procedures for the review of classified
cryptologic information shall be established by the Secretary of
Defense, and by the Director of Central Intelligence for
information pertaining to intelligence sources and methods.
These procedures shall be implemented only after appropriate
consultation with affected agencies. Agencies having custody of
classified cryptologic or intelligence source or method
information will process requests for mandatory review of such
information in accordance with these procedures. .'Disputes
concerning the implementation of these procedures, or the
procedures developed pursuant to Section 3-403, may be appealed
to the National Security Council.
3-40.5. Requests for declassification of classified
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documents originated by an agency but in the possession and
.control of the Administrator of General Services, pursuant to 44
U.S.C. 2107 note, shall be referred by the Archivist to the
agency of origin for processing in accordance with the above
provisions and for direct response to the reguestor. The
Archivist shall inform reauestors of such referrals, unless this
notification would confirm the existence or nonexistence of the
requested documents, which fact is itself classifiable under the
order, In such cases, the Archivist will respond to the
requostor in accordance with Section 3-406 below.
3-406. '\n agency may, in response to a request for records
under the Freedom of Information Act or this Order's Mandatory
Review provision, refuse to confirm or deny the existence or non-
existence of the information or material, when the fact of its
existence or non-existence would itself be classifiable under the
Order.
3-407. Requests for declassification which are submitted
under the prov::.sicns of the Freedom of Information Act shall be
processed in accordance with the provisions of that Act.
SECTION 4. SAFEGUARDING.
4-1.. General Restrictions on Access.
4-101. A person is eligible for access to classified
information only after a favorable determination of
trustworthiness has been reached by agency heads or designated
senior officials based upon, appropriate investigations in
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accordance with applicable standards and criteria, and provided
that such access is essential to the accomplishment of official
Government duties or contractual obligations. Agency heads
listed in section 1-2 shall issue and maintain minimum security
investigative standards that must be satisfied for each of the
three national security information classification designations
before access to such information is provided.
4-102. Controls shall be established by each agency to
ensure that classified information is used, processed, stored,
reproduced, transmitted and destroyed only under conditions that
will provide adequate protection and prover_t access by
unauthorized persons. Originating agencies may place
restrictions on the reproduction of classified documents and
establish other accountability controls in conformity with this
policy of protecting classified information from unauthorized
disclosure.
4-103. Classified information disseminated outside the
Executive Branch shall be given protection equivalent to that
afforded within the Executive Branch.
4-104. Except as provided by directives issued by the
President through the National Security Council, classified
information originating in one agency may not be disseminated
outside any other agency to which it has been made available
without the consent of the originating agency.
4-2. Special Access Programs.
4-201. Agency heads designated pursuant to Section 1-201
may create special access programs to control access,
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distribution, and protection of particularly sensitive
information classified pursuant to this Order or prior orders.
Procedures governing the creation, continuance, and maintenance
of such special access programs will be developed by the above
agency heads. For special access programs pertaining to
intelligence sources'and methods, this function will be exercised
by the Director of Central Intelligence, who will ensure the
implemerltation of common security, access, dissemination and
control standards for such programs.
4-3. Ac4:6ss by }istorical Researchers and Former Presidential
ikppbintees.
4-301. The requirement in Section 4-101 that access to
classified information may be granted only as is necessary for
the performance of official duties may be waived as provided in
Section 4-302 for persons who:
(a) are engaged in historical research projects, or
(b) previously have occupied policy-making positions
to which they were appointed by the President.
4-302. Waivers under Section 4-301 may be granted only if
the agency with jurisdiction over the information:
(a) makes a written determination that access is
consistent with the interests of national security; and
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(b) takes appropriate steps to protect classified
information from unauthorized disclosure or compromise, and
ensures that such information is safeguarded in a manner
consistent with this order.
SECTION 5. IMPLEMENTATION AND REVIEW.
5-1. Oversight.
5"101. The National. Security Council may review all matters
with respect to the implexientation of this Order arid shall
provide overall 'policy direction for the information.security
program. The National Security Council will be assisted in this
monitoring function by the Information Security Oversight Office.
5-2. Information Security Oversight Office.
5-201. The Information Security Oversight Office shall have
a Null-tine Director appointed by the Administrator of General
Services subject to approval by the President. The Administrator
also shall have authority to appoint a staff for the Office.
5-202. The Director shall:
this Order and implementing directives;
(b) consider and take action on complaints and
suggestions from persons within or outside the Government
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. (a) oversee agency actions to ensure compliance with
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with respect to the administration of the information
security program;
(c) develop, in consultation with the agencies, and
promulgate, subject to the approval of the National Security
Council, directives for the implementation of this Order;
(d) report annually to the President through the
Administrator of General Services and the National Security
Council on the' implementation of this order;
(e) review any agency implementing regulations
Promulgated pursuant to Section 3-301 (systematic
declassification) or 3-403 (mandatory declassification
requests);
(f) review requests for original classification
authority from agencies or officials not grantee original
classification authority pursuant to Section 1-2; and
(g) have authority to require each agency to furnish
such reports or information, consistent with the protective
purposes of this Order, as is necessary to fulfill his
responsibilities.
5-3. Interagency Information Security Committee.
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5-301. There is established an Interagency Information
Security Committee which shall be comprised of representatives of
the Secretaries of State, Defense, Treasury, and Energy, the
Attorney General, the Director of Central Intelligence, the
National Security Council, the Domestic Policy Staff, the
Archivist of the United States, the Information Security
Oversight Office, and a Chairman designated by the President.
5--302.. Representatives of other agencies may be invited to
meet yd th the Committee on matters of particular interest to
those agencies.
5-303. The Committee shall meet at the call of the Chairman
or at he request of a member agency and shall. advise the
Chairman on implementation of this-Order.
5-4. General Responsibilities.
5-401. Agencies which originate or handle classified
information shall:
(a) designate a senior agency official to conduct an
active oversight program to ensure effective implementation
of this Order. This program shall familiarize agency and
other personnel who have access to classified information
with the provisions of this Order and implementing
directives and shall impress upon agency personnel their
responsibility to exercise vigilance in complying with this
Order;
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(b) establish a process to decide appeals from denials
of declassification requests submitted pursuant to Section
3-4; and
(c) establish procedures to prevent unnecessary access
to classified information, including procedures which
require that a demonstrable need for access to classified
information is established before initiating administrative
clearance procedures, and which ensures that the number of
iorsons granted access to classified information is reduced
t:o and maintained at the minimum number that is consistent
x, ith operational and security requirements and needs.
5-402. Unclassified implementing directives or regulations
promulgated pursuant to this order will be published in the
FEDERAL REGISTER.
5-5. Sanctions.
5-501. If the Information Security Oversight Office finds ,
that.a violation of this Order, or any implementing directive may
have occurred, it shall make a report to the head of the agency
concerned so that corrective steps may be taken.
5-502. Officers and employees of the United States
Government shall be subject to appropriate ,sanctions if they:
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(a) knowingly,?willfully and without authorization
disclose information or materials properly classified under
this Order or prior orders or compromise properly classified
information through negligence; or
(b) knowingly and willfully classify or continue the
classification of information in violation of this Order or
any implementing directive; or
(c) knowingly, willfully or negligently violate any
other provision of this Order or implementing directive.
Unauthorized disclosure for purposes of this section
includes either a communication or physical transfer of
classified information or materials to an unauthorized
person.
5--1003. Sanctions may include reprimand, suspension without
pay, removal, termination of classification authority, or other
sanction in accordance with applicable law and agency
regulations.
5-504. Agency heads shall ensure that appropriate and
prompt corrective action is taken whenever a violation under
Section 5-502 occurs. The Director of the Information Security"'
Oversight office shall be informed when such violations occur.
5-505. Agency heads shall report to the Attorney General
evidence reflected in classified information of possible
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violations of Federal criminal law by an agency employee and of
possible violations by any other person of those Federal criminal
laws specified in guidelines adopted by the Attorney General.
SECTION 6. .GENERAL PROVISIONS.
6-1. Definitions.
6-101. "Agency" has the meaning provided at 5 U.S.C.
552(e).
6--102. "Classified information" means information or
material, herein collectively termed information', that is owned
by, produced for or by, or under the control of, the United
States Government, and that has been determined pursuant to this
Order or prior orders to require protection against unauthorized
disclosure, and that is so designated.
6-103. Foreign government information means:
(a) Documents, material, or information provided by a
foreign government or governments, an international
organization of governments, or any element thereof in the
-expectation, expressed or implied, that this. document,
material, or information is to be held in confidence; or
(b) Classified information or material produced by the
United States pursuant -to or as a result-of a -joint
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 aL4@,Ary@?gRkRelMsfth OR5/p6/Lp~z -- Pg ROe88tR0a020o0rg40009zation of
governments requiring that the information, the arrangement,
or both be held in confidence.
6-104. "National security" means the national defense and
foreign relations of the United States.
6-105. ."Confidential source" means the identity of any
individual or organization which has provided, or which may
reasonably be expected. to provide, information to the United
States with the expectation, expressed or implied, that the
information or relationship or both be held in confidence.
6-2. General.
6-201. Nothing in this Order shall supersede any
requirement made by or under the Atomic Energy Act.of 1954, as
amended. "Restricted Data" and information designated as
"Formerly Restricted Data" shall be handled, protected,
classified, downgraded, and declassified in conformity with the
provisions of the Atomic Energy Act of 1954, as amended, and
regulations issued pursuant thereto.
6-202. The Attorney General, upon request by the head of an
agency, his duly designated representative, or the Director of
the Information Security Oversight Office, shall personally or
through authorized representatives of the Department of Justice
render an interpretation of this Order with respect to any
question arising in the course df its administration.
25
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 Approved For Release 2005/08/02 : CIA-RDP85-00988R000200240009-6
6-203. Executive Order No. 12065 of June 28, 1978, is
revoked as of the effective date of this Order.
6-204. This Order shall become effective on
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