[Code of Federal Regulations]

[Title 22, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 22CFR171.20]



[Page 757]

 

                       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.