[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR9.18]

[Page 41-42]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 9--SECURITY INFORMATION REGULATIONS--Table of Contents
 
Sec. 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 to Part 9--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 official 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.

[[Page 42]]

    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 pertaining 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.