GUIDELINES FOR SYSTEMATIC REVIEW OF FOREIGN GOVERNMENT INFORMATION THIRTY YEARS OLD OR OLDER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP93B01194R001000240120-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 12, 2016
• Document Release Date: May 28, 2002
• Sequence Number: 120
• Content Type: REQ

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GlilD(.LltiE FOR SYSTEMATIC REVIEW OF
FOREIGN GOVERNMENT INFORMATION
1'I!IRTY YEARS OLD UR OLDER
A. PURPOSE.
These Guidelines For the systematic review and declassification of foreign
government information have been developed in accordance with the provisions of
Section 3-404 of Executive Order 12065, "National Security Information," and
Section III.C of Information ;security Oversight Office Directive No. 1. All
foreign government information constituting permanently valuable records of the
United States Government, for which a prior declassification date has not been
established, shall be systematically reviewed for declassification as it becomes
thirty years old. Foreign ;overnment information Found to be within one of the
specific categories of information listed in Part F below shall be reviewed
item-by-item by authorized personnel of the agency or agencies concerned to
determine whether continued protection beyond thirty years is needed. All foreign
government information not identified in these Guidelines as requiring item-by-item
review and for which a prior declassification date has not been established shall
be declassified at the end of thirty years from the date of original classification.
B. DEFINITION.
"Foreign government information" as used in these Guidelines consists of:
1. Documents or material provided by a foreign government or governments,
international organization of overnments, or any element thereof in the expectation,
expressed or implied, that the document, material, or the information contained
therein is to he held in conFident n;
2. Documents originated by the United States that contain classified informa-
tion provided, in any manner, to the United States by foreign governments,
international organizations of governments, or elements thereof, with the
expectation, express or implied, that the information will be held in confidence;
3. Classified information or material produced by the United States pursuant
to or as a result of a joint arrangement, evidenced by an exchange of letters,
memorandum of understanding, or other written record, with a foreign government or
organization of government. requiring that the information, the arrangement, or both
be kept in confidence.
1. These Guidelines apply to 30-year old foreign government information
which has been received or o.ltssifi,ad by the United States Government or its agents.
2. Atomic energy information (including that originated prior to 1947 and
STATINTLnot marked as such, that received from the marked "Atomic,"
STATINTL and that received from which is defined and identified as
Restricted Data or Former y ,c:,tr:cre ata in Sections fly and 142d of the Atomic
Energy Act of 1954, is amended, outside the scope of these Guidelines and is not
subject to systematic review and nay not he automatically downgraded or declassified.
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Any document contai.nin inf.,r;unti.n within the definition of Restricted Data or
Formerly Restricted Data tfh:rt iv, n,)t io marked will be referred to the Department
of Energy Office of Classification for review and appropriate marking, except for
licensing and related regulatory matters which shall be referred to the Division of
Security, U.S. Nuclear Regulatory Commission.
D.:: AGENCY RESPONSIBILITIES.
1. Foreign government information transferred to the General Services
Administration for accession into the National Archives of the United States shall
be reviewed for declassification by the Archivist of the United States in accordance
with Executive Order 12065, the directives of the Information Security Oversight
Office, these Guidelines, any applicable terms of accession, and any supplemental
guidelines provided by the agency with classification jurisdiction over the
information.
2. Foreign government information constituting permanently valuable records
of the Government (as defined in 44 U.S.C. 2103) that is 30 years old and undergoing
systematic review for declassification while in the custody of an agency shall,
except as provided in Part C above, be reviewed for declassification and downgrading
by that agency in accordance with Executive Order 12065, the directives of the
Information Security Oversight Office, these Guidelines, and any supplemental
internal agency guidelines.
3. Foreign government information falling within any of the categories listed
in Part F of these Guidelines shall be declassified or downgraded only upon specific
authorization of the agencies to which the information was furnished by the foreign
government or international ors;ani:ation of governments concerned and/or which have
classification jurisdiction over it. When such information is in the custody of an
agency but was furnished to or classified by, or is otherwise under the classification
jurisdiction of another agency or agencies the information shall be referred thereto
for review. Information so referred shall remain classified until all reviewing
agencies have authorized its declassification. If the custodial agency cannot readily
identify the agency or agencies having classification jurisdiction, the information
shall be referred in accordance with Part G of these Guidelines for review or
further referral.
4. Consultations with foreign governments concerning the proposed declassi-
fication of foreign government information shall be the responsibility of the agency
having classification jurisdiction over the information affected.
5. Foreign government information falling within any of the categories listed
in Part F of these Guidelines appearing in White House documents, which is either
identifiable as having been furnished or appears to have been furnished by a foreign
government shall be reviewed by designated White House personnel and further referred
for review to any other agencies whose class ific:.rtion interest is indicated by the
nature or content of the doc-,xients.
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E. EFFECT OF PUBLICAT1(ON.
1. Foreign government infor"nation shall be considered declassified when
published in an unclassified United Stares Government executive branch publication
(e.g., the Foreign Relations of the United States series) or when cleared for such
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 infor-
mation requires continued pror,octian.
2. The unofficial publication, in the United States or abroad, of foreign
government information contained in United States or foreign documents, or of
substantially similar information, does not in or of itself constitute or permit
the declassification of such documents. Although prior unofficial publication is
a factor to be considered in the systematic review process and may affect determin-
ations as to continuation of classification, 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, sources or methods shall not be
affected by any unofficial publication of identical or similar information. The
final determination as to the declassification of foreign government information
similar to or identical with unofficially published information shall be made by
the agency or agencies having la:>ification jurisdiction over it.
F. CATEGORIES REQUIRIN(_ ITIiM-PY-ITLM REVIFW.
Foreign government infor;nation falling into the specific categories listed
below shall be reviewed for de.?,rssification in accordance with Part A above:
1. Information exempted rrom declassification under any joint arrangement
evidenced by an exchange of 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 holding classification jurisdiction over the records under review.
2. Information related to the safeguarding of nuclear materials or facilities,
foreign and domestic, including but not necessarily limited to vulnerabilities and
vulnerability assessments of nticicar facilities and Special Nuclear Material.
3. Nuclear arms control information (see also #11 below).
4. Information regarding foreign nuclear programs (other than Restricted Data
and Formerly Restricted Data), such as:
a. Nuclear weapons testing.
b. Nuclear weapons storage and stockpile.
c. Nuclear weapons of*o,cts, hardness, and vulnerability.
d. Nuclear weapons; safety.
e. Cooperation in nuclear programs including, but not limited to,
peaceful and uo..iit.iry ippti.cations of nuclear energy.
f. Exploration, pr,duct,ion and import of uranium and thorium from
foreign counLr-es.
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5. Information concerning intelligence or counterintelligence sources,
methods or activities including hut not limited to intelligence, counterintelligence
and covert action programs, plans, policies, operations, or assessments; or which
would reveal or identify:
a. Any present, past or prospective undercover personnel,
installation, unit, or clandestine human agent, of the
United States or a foreign government;
b. Any present, Past or prospective method, procedure, mode,
technique or requir,ment 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
counteri.ntelli:;ence source, operation, or activity;
C. The present, past or proposed existence of any joint
United States and foreign government intelligence,
counterintelligence, or covert action activity or facility,
or the nature thereof.
6. 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:
a. Information identifying any individual or organization as a
confidential :;ot.irce of intelligence or counterintelligence.
b. Information revealing the identity of an intelligence,
counterintelligence or covert action agent or agents.
7. Information about foreign individuals, organizations or events which, if
disclosed, could be expected to:
a. Adversely affect a Foreign country's or international
organization's present or future relations with the
United States.
b. Adversely affect present or future confidential exchanges
between the United states and any foreign government or
international organization of governments.
8. 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, including but not limited
to those involving the territory, political regime or government of another country,
and which if disclosed could be .,xpected 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. ''leis item would include contingency plans, plans for
covert political, military or paramilitary activities or operations by a foreign
government acting along or )o:ntly With the United States Government, and positions
or actions taken by a fo oii;!i ,;ovcrnment alone or jointly with the United States
concerning border disputes or other territorial issues.
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9. Information concerning .rrrangements with respect to foreign basing of
cryptologic operations and/or tOrcipprr policy considerations relating thereto.
10. 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.
11. 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.
12. Nuclear propulsion information.
13. Information concerning the establishment, operation, and support of
nuclear detection systems.
14. Information concerning or revealing military or paramilitary escape,
evasion, cover or deception plans, procedures, and techniques whether executed or
not.
15. Information which could ;tdversely affect the current or future usefulness
of military of defense policies, program,;, weapon systems, operations, or plans.
16. Information concerning research, development, testing and evaluation of
chemical and biological weapons :rid defense systtems; specific identification of
chemical and biological ;i.goynr:; tnd mruiit;_ons; and chemical and biological warfare
plans.
17. Technical information concerning weapons systems and military equipment
that reveals the capabilities, limitations, or vulnerabilities of such systems or
equipment and that could be exploited to destroy, counter, render ineffective or
neutralize such weapons or equipment.
18. 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 crypto-
security and emission security components of communications security, and the
communications portion of cover and deception plans.
19. Information concerning electronic warfare lelectronic warfare support
measures, electronic counter-countermeasures) or related activities, including but
not necessarily limited to:
a. Nomenclature, f:mctions, technical characteristics or descriptions
of communications ind electronic equipment, its employment/develop-
rnent, and i-,; a,,3ocLation with weapon systems or military
operation:;.
b. The proee>e ,, .hni.iues, operations or scope of activities
involved in the acarri;ition, anaiysis and evaluation of such
information, and the degree of success achieved by the above
processes, t chnrqut operations or activities.
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20. Present, past or proposed protective intelligence information relating to
the sources, plans, techniques, equipment and methods in carrying out assigned duties
of protecting United States ,;overnmtnt officials or other protectees abroad and
foreign officials while in the bnittd States or United States possessions. This
includes information concerning the identification of witnesses, informants and
persons suspected of being dangerous to persons under protection. STATINTL
23. Information described in subparts I through 22 of this Part 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.
24. Information descrihtLl in subparts I through 22 of this Part 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.
25. 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 lescr:.bed in subparts I. through 22 of this Part.
26. Information as described in subparts 1 through 22 of this Part contained in
correspondence to or from the ?resident 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.
27. Information as described in subparts 1 through 22 of this Part contained in
agency message traffic originated by White House or Executive Office of the President
staffs members but sent through agency communication networks.
G. REFERRAL AND DECISION.
1. When the identity of agencies having classification jurisdiction over
foreign government information is not apparent to the agency holding the information,
or when reviewing officials Jo nor possess the requisite expertise, classification
jurisdiction for systematic reviei~ shall be transferred as follows:
Categories
2 trough
4,
Department of Energy or Nuclear
R
l
C
i
i
through
u,
egu
atory
omm
ss
on (as appropriate)
Central Intelligence Agency
through
11,
Department of State
i.
t:r,),.~;h
i9,
Department of Defense
20'
rhroio h
22,
Department of the Treasury
r.roug!r
27,
; atiunal Security Council
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necessary consultation with other United States agencies and, as appropriate, with
foreign governments and intrrnatLonal orgnnization of governments that the infor-
mation no longer requires classification protection. If it is determined that
classification must be extended beyond 30 years, the provisions of Section III,C,2(b)
of Information Security oversight Office Directive ,No. 1 apply.
H. DOWNGRADING.
Foreign government information classified Top Secret may be downgraded to
Secret after 30 years unless an agency with classification jurisdiction over it
determines on its own authority, 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.
ISSUED: March 5, 1980
STATINTL
Acting Director
Information Security Oversight Office
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