LETTER TO MR. HARRY E. FITZWATER FROM STEVEN GARFINKEL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B00236R000200150003-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 18
• Document Creation Date: December 19, 2016
• Document Release Date: September 19, 2005
• Sequence Number: 3
• Publication Date: January 10, 1983
• Content Type: LETTER

January 10, 1983
uerierat Information Security
Services Oversight
CIA-RDP85BQb Q; WQD6p 5
Mr. Harry E. Fitzwater
Deputy Director for. Administration
Central Intelligence Agency
Washington, DC 20505
Dear Mr. Fitzwater:
I enclose for your. review and comment a copy of draft "General Guidelines
for Systematic Declassification Review of Foreign Government Information."
The Information Security Oversight Office (ISOO) issues these general
guidelines in accordance with Section 3.3 of Executive Order 12356,
47 F:R. 14879, April 6, 1982. As issued, these general guidelines
supplement specific systematic declassification review guidelines to be
issued by each agency head who has or had original classification
authority under E. 0. 12356 or prior orders on national security
information. The draft guidelines are very similar to those issued by
ISOO under E. 0. 12065, with slight modifications dictated by changes in
E. 0. 12356. 1-a-l-sso--enclose a -copy of-these--prior guidelines.
In order that ISOO can publish these general guidelines in accordance
with the timeframes called for in E. 0. 12356, I request your comments
by the close of business on January 21, 1983. Oral comments are quite
acceptable, and may be phoned in to your ISOO liaison, ISOO Deputy
Director Robert Wells, or me at 535-7251.
Sincerely, q~
f~SECl~' a7#?Yrgz f!nr_1rrce4-
1
STEVEN GARFINKEL
Director
Enclosures
cc: Catherine Foss
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INFORMATION SECURITY OVERSIGHT OFFICE
32 CFR Part 2002
General Guidelines for Systematic Declassification Review of Foreign
Government Information
Agency: Information Security Oversight Office
Action: Final rule.
Summary: Section 3.3 of Executive Order 12356 (47 F.R. 14879, April 6,
1982) and Section 2001.31 of Information Security Oversight Office
Directive No. 1 (47 F.R. 27839, June 25, 1982) require the development
of guidelines for the systematic review of foreign government information.
The purpose of this rule is to achieve consistency in the declassification
of foreign government information by promulgating general guidelines
from one source rather than having each agency with original classification
authority issue its own version.
For further Information Contact:
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Steven Garfinkel, Director, IS00 at [phone].
Supplementary Information: These guidelines have been coordinated with
all agencies that have original classification authority.
PART 2002-GENERAL GUIDELINES FOR SYSTEMATIC DECLASSIFICATION REVIEW OF
FOREIGN GOVERNMENT INFORMATION
Sec.
2002.1 Purpose.
2002.2 Definition.
2002.3 Scope.
2002.4 Responsibilities.
2002.5 Effect of publication.
2002.6 Categories requiring item-by-item review.
2002.7 Referral and decision.
2002.8 Downgrading.
Authority: Sec. 3.3, E.O. 12356, 47 F.R. 14879, April 6, 1982.
? 2002.1 Purpose.
These general guidelines for the systematic declassification review
of foreign government information have been developed in accordance with
the provisions of Section 3.3 of Executive Order 12356, ""ationaT
Security Information," and Section 2001.31 of Information Security
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Oversight Office Directive No. 1. All foreign government information
that has been incorporated into the permanently valuable records of the
United States Government and that has been accessioned into the National
Archives of the United States shall be systematically reviewed for
declassification by the Archivist of the United States. Declassification
reviews shall be conducted in accordance with the provisions of these
general guidelines or, if available, in accordance with specific. systematic
review guidelines for foreign government information provided by the
agency heads who have declassification authority over that information.
All foreign government information (a) not identified.in ?2002.6 of
these general guidelines or in specific agency guidelines as requiring
item-by-item declassification review and final determination by an
agency declassification authority, and (b) for which a prior declassification
date has not been established, shall be declassified as that information
becomes thirty years old.
? 2002.2 Definition.
"Foreign government information" as used in these guidelines means:
(a) 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
(b) information produced by the United States pursuant to or as a
result of a joint arrangement with a foreign government or
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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.,
? 2002.3 Scope.
(a) These guidelines apply to foreign government information that
has been received or classified by the United States' Government
or its agents, and has been incorporated into records determined
by the Archivist of the United States to have permanent historical
(b) Atomic energy information (including information originated
prior to 1947 and nor,, marked as such; information received from
the United Kingdom or Canada marked "Atomic," or information
received from NATO marked "Atomal" )that is defined and identified
as "Restricted Data" or "Formerly Restricted Data" in Sections
11y and 142d of the Atomic Energy Act of 1954, as amended,. is
outside the scope of these guidelines. Such information is not
subject to systematic review and may not be automatically
downgraded or declassified. Any document containing information
within the definition of "Restricted Data" or "Formerly Restricted
Data" that is not so marked shall be referred to the Department
of Energy Office of Classification for review and appropriate
marking, except for licensing and related regulatory matters
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which shall be referred to the Division of Security, U.S.
Nuclear Regulatory Commission.
? 2002.4 Responsibilities.
(a) Foreign government information transferred to the General
Services Administration for accession into the National Archives
of the United States shall be reviewed by the Archivist of the
United States for declassification in accordance with Executive
Order 12356, the directives of the Information Security Oversight
Office, these general guidelines, and any specific systematic
declassification guidelines provided by the agency with declassification
authority over the information.
(b) Accessioned foreign government information in file series
concerning intelligence activities (including special activities),
or intelligence sources or methods created after 1945, and
cryptology records created after 1945, shall be subject to
review by the Archivist for declassification as they become 50
years old. All other accessioned foreign government information
shall be subject to review by the Archivist for declassification
as they become 30 years old.
(c) Agency heads who have declassification jurisdiction over
permanently valuable foreign government information in agency
records not yet accessioned into the National Archives of the
United States are encouraged to conduct systematic declassification
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reviews of it in accordance with the time limits specified in
(b) above. These reviews shall comply with the provisions of
Executive Order 12356, the directives of the Information
Security Oversight Office, these general guidelines, and
specific agency systematic review guidelines that have been
issued in consultation with the Archivist of the United States
and the ISOO Director.
(d) Foreign government information falling within any of the
categories listed in ? 2002.6 of these guidelines shall be
declassified or'downgraded only upon specific authorization of
the agency that has declassification authority over it. Such
information shall be referred to the responsible agency(ies)
for review. Information so referred shall remain classified
until the responsible agency(ies) has declassified it.. If the
responsible agency cannot be readily identified from the
document or material, referral shall be made in accordance with
? 2002.7 of these guidelines.
(e) When required, the agency having declassification authority
over the information shall consult with foreign governments
concerning its proposed declassification.
? 2002.5 Effect of publication.
(a) Foreign government information shall be considered declassified
when published in an unclassified United States Government
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executive branch publication (e.g., the Foreign Relations of
the United States series) or when cleared for publication by
United States Government executive branch officials authorized
to declassify the information; or if officially published as
unclassified by the foreign government(s) or international
organization(s) of governments that furnished the information
unless the fact of the U.S. Government's possession of the
information requires continued protection.
(b) The unofficial publication, in the United States or abroad, of
foreign government information contained in classified United
States or foreign documents does not in or of itself constitute
or permit the declassification of such information. Although
prior unofficial publication is a factor to be considered in
the systematic review process,' there may be valid reasons for
continued protection of the information which could preclude
its declassification. In particular, the classification status
of foreign government information which concerns or derives
from intelligence activities (including special activities),
intelligence sources or methods shall not be affected by any
unofficial publication of identical or related information.
The final declassification determination shall be made by the
agency or agencies having declassification authority over it.
? 2002.6 Categories requiring item-by-item review.
Foreign government information falling into the following categories
require item-by-item review for declassification by agencies having
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declassification authority over it.
(a) Information exempted from declassification under any joint
arrangement evidenced by an exchange of letters, memorandum of
understanding, or other written record, with the foreign
government or international organization of governments, or
element(s) thereof, that furnished the information. Questions
concerning the existence or applicability of such arrangements
shall be referred to the agency or agencies having declassification
authority over the records under review.
(b) Information related to the safeguarding of nuclear materials or
facilties, foreign and domestic, including but not necessarily
limited to vulnerabilities and vulnerability assessments of
nuclear facilities and Special Nuclear Material.
(c) Nuclear arms control information (see also paragraph (k) of
this section).
(d) Information regarding foreign nuclear programs (other than
"Restricted Data" and "Formerly Restricted Data"), such, as:
(1) Nuclear weapons testing.
(2) Nuclear weapons storage and stockpile.
(3) Nuclear weapons effects, hardness, and vulnerability.
(4) Nuclear weapons safety.
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(5) Cooperation in nuclear programs including,, but not limited
to, peaceful and military applications of nuclear energy.
(6) Exploration, production and import of uranium and thorium
from foreign countries.
(e) Information concerning intelligence activities (including
special activities) or intelligence or counterintelligence
sources or methods including but not limited to intelligence,
counterintelligence and covert action programs, plans, policies,
operations, or assessments; or which would reveal or identify:
(1)
Any present, past or prospective undercover personnel,
installation, unit, or clandestine human agent, of
the United-States or,a foreign government;
(2) Any present, past or prospective method, procedure,
mode, technique or requirement used or being developed
by the United States or by foreign governments,
individually or in combination, to produce, acquire,
transmit, analyze, correlate, assess, evaluate or
process intelligence or counterintelligence, or to
support an intelligence or counterintelligence
source, operation, or activity;
(3) The present, past or proposed existence of any joint
United States and foreign government intelligence,
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counterintelligence, or covert action activity or facility,
or the nature thereof.
(f) Information that could result in or lead to actions which would
place an individual in jeopardy attributable to disclosure of
the information, including but not limited to:
(1) Information identifying any individual or organization as
a confidential source of intelligence or counterintelligence.
(2) Information revealing the identity of an intelligence, or
covert action agent or agents.
(g) Information about foreign individuals, organizations or events
which if disclosed, could be expected to:
(1) Adversely affect a foreign country's or international
organization's present or future relations with the United
States.
(2) Adversely affect present or future confidential exchanges
between the United States and any foreign government or
international organization of governments.
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(h) Information related to plans (whether executed or not, whether
presented in whole or in part), programs, operations, negotiations,
and assessments shared by one or several foreign governments
with the United States, includi-g but not limited to those
involving the territory, political regime or government of
another country, and which if dsclosed could be expected to
adversely affect the conduct of U.S. foreign policy or the
conduct of another country's foreign policy with respect to a
third country or countries. Th=s item would include contingency
plans, plans for covert political, military or paramilitary
activities or operations by a foreign government acting alone
or jointly with the United States Government, and positions or
actions taken by a foreign government alone or jointly with the
United States concerning border disputes or other territorial
issues.
(i) Information concerning arrangements with respect to foreign
basing of cryptologic operations and/or foreign policy considerations
relating thereto.
(j) Scientific information such as that concerning space, energy,
climatology, communications, maritime, undersea, and polar
projects, that could be expected to adversely affect current
and/or future exchanges of such information between the United
States and any foreign governments or international organizations
of governments.
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(k) Information on foreign policy aspects of nuclear matters, the
disclosure of which could be expected to adversely affect
cooperation between one or more foreign governments and the
United States Government.
(1) Information concerning physical security arrangements, plans or
equipment for safeguarding United States Government embassies,
missions or facilities abroad, the disclosure of which could
reasonably be expected to increase the vulnerability of such
facilities to penetration, attack, take-over, and the like.
(m) Nuclear propulsion information.
(n) Information concerning the establishment, operation, and
.support of nuclear detection systems.
(o) Information concerning or revealing military or paramilitary
escape, evasion, cover or deception plans, procedures, and
techniques, whether executed or not.
(p) Information which could adversely affect the current or future
usefulness of military defense policies, programs, weapon
systems, operations, or plans.
(q) Information concerning research, development, testing and
evaluation of chemical and biological weapons and defense
systems; specific identification of chemical and biological
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agents and munitions; and chemical and biological warfare
pl ans.
(r) Technical information concerning weapons systems and military
equipment that reveals the capabilities, limitations, or
vulnerabilities of such systems or equipment that could be
exploited to destroy, counter, render ineffective or neutralize
such weapons or equipment.
(s) Cryptologic information, including cryptologic sources and
methods, currently in use. This includes information concerning
or revealing the processes, techniques, operations, and scope
of signal intelligence comprising communications intelligence,
electronics intelligence, and telemetry intelligence, the
cryptosecurity and emission security components-of communications
security, and the communications portion of cover and deception
plans.
(t) Information concerning electronic warfare (electronic warfare
support measures, electronic counter-countermeasures) or
related activities, including but not necessarily limited to:
(1)
Nomenclature, functions, technical characteristics or
descriptions of communications and electronic equipment,.
its employment/development, and its association with
weapon systems or military operations.
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(2) The processes, techniques, operations or scope
of activities involved in the acquisition,
analysis and evaluation.of such information, and
the degree of success achieved by the above
processes, techniques, operations or activities.
(u) Present, past or proposed protective intelligence information
relating to the sources, plans, techniques, equipment and
methods used in carrying out assigned duties of protecting
United States Government officials or other protectees abroad
and foreign officials while in the United States or United
States possessions. This includes information concerning the
identification of witnesses, informants and. persons suspected
of being dangerous to persons under protection.
(v) Information on deposits of foreign official institutions in
United States banks and on foreign official institutions'
holdings, purchases and sales of long-term marketable securities
in the United States.
(w)
Information concerning economic and policy studies and sensitive
assessments or analyses of economic, conditions, policies or
activities of foreign countries or international organizations
of governments received through the Multilateral Development
Banks and Funds or through the International Monetary Fund
(IMF) and the Organization for Economic Cooperation and Development
(OECD).
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(x) Information described in ? 2002.6 (a) through (w) contained in
correspondence, transcripts, memoranda of conversation, or
minutes of meetings between the President of the United States
or the Vice President of the United States and foreign government
officials.
(y) Information described in ? 2002.6 (a) through (w) contained in
documents originated by or sent to the Assistant to the President
for National Security Affairs, his-Deputy, members of the
National Security Council staff, or any other person on the
White House or the Executive Office of the President staffs
performing national security functions.
(z) Federal agency originated documents bearing Presidential,
National Security Council, or White House or Executive Office
of the President staffs' comments relating to categories of
information described in ? 2002.6 (a) through (w).
(aa) Information as decribed in ? 2002.6 (a) through (w) contained
in correspondence to or from the President or the Vice President,
including background briefing memoranda and talking points for
meetings between the President or the Vice President and
foreign government officials, and discussions of the timing and
purposes of such meetings.
(bb) Information as described in ? 2002.6 (a) through. (w) contained
in agency message traffic originated by White House or Executive
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communication networks.
? 2002.7 Referral and decision.
(a) When the identity of the agencies having declassification
authority over foreign government information is not
apparent to the agency holding the information, or when
reviewing officials do not possess the requisite expertise,
the information shall be referred for review and a declassification
determination as follows:
(1) Categories 2002.6 (b) through (d),
Department of Energy or Nuclear Regulatory Commission (as
appropriate)
(2) Categories 2002.6 (e) and (f), Central Intelligence
Agency.
(3) Categories 2002.6 (g) through (T), Department of State.
(4) Categories 2002.6 (m) through (t), Department of Defense.
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(5) Categories 2002.6 (u) and (w), Department of the Treasury.
(6) Categories 2002.6 (x) through (bb), National Security
Council.
(b) Referrals to agencies shall include copies of the documents
containing the foreign government information.. Agencies
shall review the referred documents and promptly notify
the Archivist of the United States of the declassification
determination. Forwarded copies of the documents shall be
marked to reflect any downgrading or declassification
action and shall be returned to the National Archives.
? 2002.8 Downgrading.
Foreign government information classified "Top Secret" may be downgraded
to "Secret" after 30 years unless the agency with declassification
authority over it determines on its own, or after consultation, as
appropriate, with the foreign government or international organization
of governments which furnished the information, that. it requires continued
protection at the "Top Secret" level.
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