DOCUMENT CLASSIFICATION MATTERS EXECUTIVE ORDER (EO) 12356

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP08S00314R000100010001-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 22, 2016
• Document Release Date: August 22, 2012
• Sequence Number: 1
• Publication Date: October 13, 1982
• Content Type: MEMO

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Memorandum
To All SACS
All Legats
FromDirector, FBI (62-119783)
? DOCUMENT CLASSIFICATION MATTERS
Subject.
EXECUTIVE ORDER (EO) 12356
October 13, 1982
Date
Enclosed is a Classification Policy Directive which
addresses several frequently asked questions concerning EO 12356,
which became effective August 1, 1982. The Department of Justice
implementing regulations will soon be published, and Foreign
Counterintelligence Manual changes dealing with specific issues
will be forthcoming thereafter. In the interim, this Directive
will provide guidance for classification of national security
information by the FBI.
Recipients are to ensure that each Security Officer and
other individuals involved with classification matters become
familiar with this Directive.
Enclosure
NOTE: This was prepared to provide guidance to FBI personnel
concerning implementation of EO 12356, which prescribes a uniform
system for classifying, declassifying, and safeguarding of national
security information.
1
- Mr.
Colwell
1
- Mr. McCauley
1
- EAD
- Investigative
- Mr. Hotis
1
- Mr.
Otto
1 3 Mr. Gants
1
- Each
Assistant Director
I - Mr. S. R. Andrews
1
- Miss Devine
1
- Mr.
Dean
1
- Manuals Desk
1
- Mr.
Downum
1
- 62-119783
RAM:blf (169)
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Classification Policy Directive
Executive Order (E0) 12356
EO 12356, "National Security Information," which prescribes
a uniform system for classifying, declassifying, and safeguarding
national security information, became effective August 1, 1982,
replacing EO 12065. Information Security Oversight Office (IS00)
Directive No. 1, which implements E0 12356, also became effective
August 1, 1982. Each Security Officer and individual handling
national security information/classification matters is to become
familiar with these two documents. The following guidance is
furnished to supplement classification instructions contained
therein.
EO 12356, S 1.3(a) sets forth the specific criteria
which must be met for information to be considered for clas-
sification, while S 1.3(b) mandates classification "when an
original classification authority also determines that its
unauthorized disclosure, either by itself or in the context of
other information, reasonably could be expected to cause damage
to the national security." Virtually all FBI information which
warrants classification falls within the following criteria:
foreign government information; intelligence activities, sources
or methods; foreign relations or foreign activities of the
United States; and cryptology.
It should be noted that, with one exception, there is
no requirement under EO 12356 (nor was there under EO 12065) to
show on the document the reason for classification. EO 12065
required a reason for extension of classification beyond six years,
but that requirement was deleted in EO 12356, which indicates in
S 1.4(a) that "information shall be classified as long as required
by national security considerations."
The one exception noted above which requires an explana-
tion for classification is when otherwise unclassifiable information
(such as a newspaper article, an FD-302, Immigration and Naturalization
Service (INS) record, public source information, or the like), is
combined or associated with other unclassified or classified
information and thus warrants classification MO 12356, S 1.3(b)
and ISO? Directive No. 1, S 2001.3(a).] The placing of this
previously unclassifiable information in an FBI file could then
render the information classifiable by now causing it to fit within
one of the categories in EO 12356, S 1.3(a).
Classification based solely on this "mosaic" principle
must be supported by a written explanation. (The "mosaic" principle
in classification is a determination that seemingly innocuous
bits of information, when pieced together, may enable a hostile
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analyst to reach conclusions resulting in damage to the national
security.) A classification guide is being prepared which will
include this written explanation and will be referenced on the
"Classified by" line in the same manner as any other approved
classification guide. In the event this "mosaic" situation
arises prior to the issuance of this guide, the written
explanation or reference will have to be furnished by the
classifier. It is anticipated the above situation will be
encountered very infrequently since the vast majority of
classifiable FBI information will clearly fall within the
categories of BO 12356, S 1.3(a).
There is no need to cite more than one classification
guide as a basis for classification of a portion, if one guide
covers the reason adequately. However, if different guides or
different classification authorities are used as the basis for
classification of separate portions of a document, the overall
document must be marked "classified by multiple sources," and the
specific guide, classifier credential number, or written explanation
placed beside each classified portion, i.e., (S) (6080) or (C) (G-3).
In the event there is reasonable doubt as to whether or
not information should be classified or at what level, BO 12356,
S 1.1(c) mandates the safeguarding of that information at the
higher level, but instructs that a determination must be made
within 30 days to resolve the doubt. Classification is a positive
judgment, i.e., there must be a reasonable basis for classification.
If an approved classification guide does not cover the issue, and
insufficient information exists to resolve the doubt, the infor-
mation should be safeguarded appropriately and brought to the
attention of the Security Programs Unit (SPU), FBIHQ, Room 5434C,
for a classification determination to be made within the 30-day
period.
The duration of classification has been changed with
the new Order, and the FBI will utilize "Originating Agency's
Determination Required," as indicated by the abbreviation "OADR,"
on its documents to show the duration of classification, except
in those rare instances where there is a clear determination the
information can be declassified on a specific date or event. In
the vast majority of cases OADR will apply.
The markings of "Top Secret," "Secret" and "Confidential"
on the top and bottom of the front of each page and on the back
of the last page remain unchanged from BO 12065. Only two lines,
however, will be utilized on the first page in the majority of
cases, and will be as follows:
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Classified by
Declassify on: OADR
In instances where the identity of the originating agency
and office are not apparent on the face of a document, the identity
of the originating agency must be placed below the "Classified by"
line [ISOO Dir. No. 1, S 2001.5(c)]. This situation would occur
most frequently at FBIHQ in classifying other government agency
information, such as an INS record. The FBI would be considered
the originating agency for the classification decision in this
instance, and would have to be so noted. If this addition warrants
classification, the portion should be marked accordingly.
Although the new E0 does not require use of the "Classified
by" line if the classifier is the originator of the document, for
purposes of uniformity this line will be utilized in all instances
by the FBI, including teletypes. The abbreviation "C by .
DECL:OADR" will be utilized on teletypes.
The marking "Warning Notice - Intelligence Sources or
Methods Involved" (WNINTEL) will be utilized only in connection
with Sensitive Compartmented Information (SCI) or uniquely sensitive
information. In the same sense, "Foreign Government Information"
will not be marked routinely on such information. At the discretion
of the classifier, this notation or the initials "FGI" may be
placed on the document if it is not readily apparent the infor-
mation falls within this category and it is desired to highlight
this fact to prevent inadvertent declassification by subsequent
reviewers.
Classification guides shall be utilized whenever possible
and shall be cited on the "Classified by" line whenever utilized.
New and revised classification guides will be available in the
near future which should cover virtually all classification
decisions currently being made by the FBI.
ISO() Directive No. 1 answers most of the specific
and technical questions that may arise concerning classifying,
declassifying, and safeguarding national security information.
Any remaining questions should be directed to the FBI Security
Programs Unit, Room 5434C, JEH, extension 3605.
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