[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR1016.33]

[Page 787-788]
 
                            TITLE 10--ENERGY
 
          CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS)
 
PART 1016_SAFEGUARDING OF RESTRICTED DATA--Table of Contents
 
Sec.  1016.33  External transmission of documents and material.

    (a) Restrictions. (1) Documents and material containing Restricted 
Data shall be transmitted only to persons who possess appropriate 
clearance or access authorization and are otherwise eligible for access 
under the requirements of Sec.  1016.31.
    (2) In addition, such documents and material shall be transmitted 
only to persons who possess facilities for their physicial security 
consistent with this part. Any person subject to the regulations in this 
part who transmits such documents or material shall be deemed to have 
fulfilled his obligations under this subparagraph by securing a written 
certification from the prospective recipient that such recipient 
possesses facilities for its physical security consistent with this 
part.
    (3) Documents and material containing Restricted Data shall not be 
exported from the United States without prior authorization of DOE.
    (b) Preparation of documents. Documents containing Restricted Data 
shall be prepared for transmission outside an individual installation in 
accordance with the following:

[[Page 788]]

    (1) They shall be enclosed in two sealed, opaque envelopes or 
wrappers.
    (2) The inner envelope or wrapper shall be addressed in the ordinary 
manner and sealed with tape, the appropriate classification shall be 
placed on both sides of the envelope, and the additional marking 
referred to in Sec.  1016.32(d) shall be placed on the side bearing the 
address.
    (3) The outer envelope or wrapper shall be addressed in the ordinary 
manner. No classification, additional marking, or other notation shall 
be affixed which indicates that the document enclosed therein contains 
classified information or Restricted Data.
    (4) A receipt which identifies the document, the date of transfer, 
the recipient, and the person transferring the document shall accompany 
the document and shall be signed by the recipient and returned to the 
sender whenever the custody of a Secret document is transferred.
    (c) Preparation of material. Material, other than documents, 
containing Restricted Data shall be prepared for shipment outside an 
individual installation in accordance with the following:
    (1) The material shall be so packaged that the classified 
characteristics will not be revealed.
    (2) A receipt which identifies the material, the date of shipment, 
the recipient, and the person transferring the material shall accompany 
the material, and the recipient shall sign such receipt whenever the 
custody of Secret material is transferred.
    (d) Methods of transportation. (1) Secret matter shall be 
transported only by one of the following methods:
    (i) By messenger-courier system specifically created for that 
purpose.
    (ii) Registered mail.
    (iii) By protective services provided by United States air or 
surface commercial carriers under such conditions as may be preserved by 
the DOE.
    (iv) Individuals possessing appropriate DOE security clearance or 
access authorization who have been given written authority by their 
employers.
    (2) Confidential matter may be transported by one of the methods set 
forth in paragraph (d)(1) of this section or by U.S. first class, 
express, or certified mail.
    (e) Telecommunication of classified information. There shall be no 
telecommunication of Restricted Data unless the secure telecommunication 
system has been approved by the DOE.
    (f) Telephone conversations. Classified information shall not be 
discussed over the telephone.