[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR2001.23]

[Page 476-477]
 
                        TITLE 32-NATIONAL DEFENSE
 
CHAPTER XX--INFORMATION SECURITY OVERSIGHT OFFICE, NATIONAL ARCHIVES AND 
                         RECORDS ADMINISTRATION
 
PART 2001_CLASSIFIED NATIONAL SECURITY INFORMATION--Table of Contents
 
                  Subpart B_Identification and Markings
 
Sec. 2001.23  Additional requirements [1.6].

    (a) Marking prohibitions. Markings other than ``Top Secret,'' 
``Secret,'' and ``Confidential,'' such as ``For Official Use Only,'' 
``Sensitive But Unclassified,'' ``Limited Official Use,'' or ``Sensitive 
Security Information'' shall not be used to identify classified national 
security information. No other term or phrase shall be used in 
conjunction with these markings, such as ``Secret Sensitive'' or 
``Agency Confidential,'' to identify classified national security 
information. The terms ``Top Secret,'' ``Secret,'' and ``Confidential'' 
should not be used to identify non-classified executive branch 
information.
    (b) Agency prescribed special markings. Agencies shall refrain from 
the use of special markings when they merely restate or emphasize the 
principles and standards of the Order and this part. Upon request, the 
senior agency official shall provide the Director of ISOO with a written 
explanation for the use of agency special markings.
    (c) Transmittal documents. A transmittal document shall indicate on 
its face the highest classification level of any classified information 
attached or enclosed. The transmittal shall also include conspicuously 
on its face the following or similar instructions, as appropriate:

Unclassified When Classified Enclosure Removed

    or

Upon Removal of Attachments, This Document is (Classification Level)

    (d) Foreign government information. Documents that contain foreign 
government information shall include the marking, ``This Document 
Contains (indicate country of origin) Information.'' The portions of the 
document that contain the foreign government information shall be marked 
to indicate the government and classification level, using accepted 
country code standards, e.g., ``(Country code--C).'' If the identity of 
the specific government must be concealed, the document shall be marked, 
``This Document Contains Foreign Government Information,'' and pertinent 
portions shall be marked ``FGI'' together with the classification level, 
e.g., ``(FGI-C).'' In such cases, a separate record that identifies the 
foreign government shall be maintained in order to facilitate subsequent 
declassification actions. When classified records are transferred to the 
National Archives and Records Administration for storage or archival 
purposes, the accompanying documentation shall, at a minimum, identify 
the boxes that contain foreign government information. If the fact that 
information is foreign government information must be concealed, the 
markings described in this paragraph shall not be used and the document 
shall be marked as if it were wholly of U.S. origin.
    (e) Working papers. A working paper is defined as documents or 
materials, regardless of the media, which are expected to be revised 
prior to the preparation of a finished product for dissemination or 
retention. Working papers containing classified information shall be 
dated when created, marked

[[Page 477]]

with the highest classification of any information contained in them, 
protected at that level, and if otherwise appropriate, destroyed when no 
longer needed. When any of the following conditions applies, working 
papers shall be controlled and marked in the same manner prescribed for 
a finished document at the same classification level:
    (1) Released by the originator outside the originating activity;
    (2) Retained more than 180 days from the date of origin; or
    (3) Filed permanently.
    (f) Other material. Bulky material, equipment and facilities, etc. 
shall be clearly identified in a manner that leaves no doubt about the 
classification status of the material, the level of protection required, 
and the duration of classification. Upon a finding that identification 
would itself reveal classified information, such identification is not 
required. Supporting documentation for such a finding must be maintained 
in the appropriate security facility.
    (g) Unmarked materials. Information contained in unmarked records, 
or presidential or related materials, and which pertains to the national 
defense or foreign relations of the United States and has been 
maintained and protected as classified information under prior orders 
shall continue to be treated as classified information under the Order, 
and is subject to its provisions regarding declassification.