[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: 32CFR2001.53]

[Page 490-491]
 
                        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 D_Safeguarding
 
Sec. 2001.53  Foreign Government Information [4.1].

    The requirements described below are additional baseline 
safeguarding standards that may be necessary for foreign government 
information, other than NATO information, that requires protection 
pursuant to an existing treaty, agreement, bilateral exchange or other 
obligation. NATO classified information shall be safeguarded in 
compliance with United States Security Authority for NATO Instructions 
I-69 and I-70. To the extent practical, and to facilitate its control, 
foreign government information should be stored separately from other 
classified information. To avoid additional costs, separate storage may 
be accomplished by methods such as separate drawers of a container. The 
safeguarding standards described below may be modified if required or 
permitted by treaties or agreements, or for other obligations, with the 
prior written consent of the National Security Authority of the 
originating government, hereafter ``originating government.''
    (a) Top Secret. Records shall be maintained of the receipt, internal 
distribution, destruction, access, reproduction, and transmittal of 
foreign government Top Secret information. Reproduction requires the 
consent of the originating government. Destruction will be witnessed.
    (b) Secret. Records shall be maintained of the receipt, external 
dispatch and destruction of foreign government Secret information. Other 
records may be necessary if required by the originator. Secret foreign 
government information may be reproduced to meet mission requirements 
unless prohibited by the originator. Reproduction shall be recorded 
unless this requirement is waived by the originator.
    (c) Confidential. Records need not be maintained for foreign 
government Confidential information unless required by the originator.
    (d) Restricted and other foreign government information provided in 
confidence. In order to assure the protection of other foreign 
government information provided in confidence (e.g., foreign government 
``Restricted,'' ``Designated,'' or unclassified provided in confidence), 
such information must be classified under E.O. 12958 as amended. The 
receiving agency, or a receiving U.S. contractor, licensee, grantee, or 
certificate holder acting in accordance with instructions received from 
the U.S. Government, shall provide a degree of protection to the foreign 
government information at least equivalent to that required by the 
government or international organization that provided the information. 
When adequate to achieve equivalency, these standards may be less 
restrictive than the safeguarding standards that ordinarily apply to 
U.S. CONFIDENTIAL information. If the foreign protection requirement is 
lower than the protection required for U.S. CONFIDENTIAL information, 
the following requirements shall be met:
    (1) Documents may retain their original foreign markings if the 
responsible agency determines that these markings are adequate to meet 
the purposes served by U.S. classification markings. Otherwise, 
documents shall be marked, ``This document contains (insert name of 
country) (insert classification level) information to be treated as U.S. 
(insert classification level).'' The notation, ``Modified Handling 
Authorized,'' may be added to either the foreign or U.S. markings 
authorized for foreign government information. If remarking foreign 
originated documents or matter is impractical, an approved cover sheet 
is an authorized option;
    (2) Documents shall be provided only to those who have an 
established need-to-know, and where access is required by official 
duties;
    (3) Individuals being given access shall be notified of applicable 
handling instructions. This may be accomplished by a briefing, written 
instructions, or by applying specific handling requirements to an 
approved cover sheet;
    (4) Documents shall be stored in such a manner so as to prevent 
unauthorized access;
    (5) Documents shall be transmitted in a method approved for 
classified information, unless this method is waived by the originating 
government.

[[Page 491]]

    (e) Third-country transfers. The release or disclosure of foreign 
government information to any third-country entity must have the prior 
consent of the originating government if required by a treaty, 
agreement, bilateral exchange, or other obligation.