[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR171.20]

[Page 712]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 171_AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC
--Table of Contents
 
               Subpart C_Executive Order 12958 Provisions
 
Sec. 171.20  Definitions.


    As used in this subpart, the following definitions shall apply:
    (a) Agency means any executive branch agency, as defined in 5 U.S.C. 
105, any military department, as defined by 5 U.S.C. 102, and any other 
entity within the executive branch that comes into possession of 
classified information.
    (b) Classified information means information that has been 
determined pursuant to E.O. 12958 or any predecessor order on national 
security information to require protection against unauthorized 
disclosure and is marked to indicate its classified status when in 
documentary form.
    (c) Declassification means the authorized change in the status of 
information from classified information to unclassified information.
    (d) Department means the U.S. Department of State, including its 
field offices and Foreign Service posts abroad.
    (e) FOIA means the Freedom of Information Act, 5 U.S.C. 552.
    (f) Foreign government information means:
    (1) Information provided to the United States Government by a 
foreign government or governments, an international organization of 
governments, or any element thereof, with the expectation that the 
information, the source of the information, or both, are to be held in 
confidence;
    (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; or
    (3) Information received and treated as foreign government 
information under the terms of a predecessor executive order.
    (g) Information means any knowledge that can be communicated or 
documentary material, regardless of its physical form or characteristics 
that is owned by, produced by or for, or is under the control of the 
United States Government.
    (h) Mandatory declassification review means the process by which 
specific classified information is reviewed for declassification 
pursuant to a request under Sec. 171.21.
    (i) National Security means the national defense or foreign 
relations of the United States.
    (j) Certain former government personnel includes former officials of 
the Department of State or other U.S. Government agencies who previously 
have occupied policy-making positions to which they were appointed by 
the President under 3 U.S.C. 105(a)(2)(A) or by the Vice President under 
3 U.S.C. 106(a)(1)(A). It does not include former Foreign Service 
Officers as a class or persons who merely received assignment 
commissions as Foreign Service Officers, Foreign Service Reserve 
Officers, Foreign Service Staff Officers and employees.
    (k) Senior Agency Official means the Under Secretary of State for 
Management.