[Code of Federal Regulations]

[Title 10, Volume 4]

[Revised as of January 1, 2006]

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

[CITE: 10CFR1016.33]



[Page 793-794]

 

                            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 794]]



    (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.