14 C.F.R. Subpart G—Foreign Government Information
Title 14 - Aeronautics and Space
In order to qualify as foreign government information, information must fall into one of the two following categories: (a) Information provided to the United States by a foreign government or international organization of governments, such as the North Atlantic Treaty Organizatiuon (NATO), where the United States has undertaken an obligation, expressed or implied, to keep the information in confidence. The information is considered to have been provided in confidence if it is marked in a manner indicating it is to be treated in confidence or if the circumstances of the delivery indicate that the information be kept in confidence. (b) Information requiring confidentiality produced by the United States pursuant to a written, joint arrangement with a foreign government or international organization of governments. A written, joint arrangement may be evidenced by an exchange of letters, a memorandum of understanding, or other written record of the joint arrangement. (a) Foreign government information that is classified by a foreign entity shall either retain its original classification designation or be marked with a United States classification designation that will ensure a degree of protection equivalent to that required by the entity that furnished the information. Original classification authority is not required for this purpose. (b) Foreign government information that was not classified by a foreign entity but was provided to NASA with the expressed or implied obligation that it be held in confidence must be classified. “The Order” states that unauthorized disclosure of foreign government information, the identity of a confidential foreign source, or intelligence sources or methods is presumed to cause damage to the national security. Therefore, such foreign government information shall be classified at least Confidential. However, at the time of classification, judicious consideration shall be given to the sensitivity of the subject matter and the impact of its unauthorized disclosure upon both the United States and the originating foreign government or organization of governments in order to determine the most appropriate level of classification. Levels above Confidential must be assigned by an original classification authority. [44 FR 34913, June 18, 1979, as amended at 48 FR 5892, Feb. 9, 1983] Unless the guidelines for the systematic review of 30-year old foreign government information developed pursuant to §1203.603(b) prescribe dates or events for declassification: (a) Foreign government information shall not be assigned a date or event for declassification unless such is specified or agreed to by the foreign entity. (b) Foreign government information classified after December 1, 1978, shall be annotated: DECLASSIFY ON: Originating Agency's Determination Required or “OADR.” [48 FR 5893, Feb. 9, 1983] (a) Information classified in accordance with §1203.400 shall not be declassified automatically as a result of any unofficial publication or inadvertent or unauthorized disclosure in the United States or abroad of identical or similar information. (b) Following consultation with the Archivist of the United States and where appropriate, with the foreign government or international organization concerned and with the assistance of the Department of State, NASA will issue guidelines for the systematic review of 30-year old foreign government information that will apply to foreign government information of primary concern to NASA. These guidelines are authorized for use by the Archivist of the United States and, with the approval of NASA, by an agency having custody of such information. The Chairperson, NASA Information Security Program Committee, will initiate administrative functions necessary to effect review of these guidelines at least once every 5 years and submit recommendations to the Administrator based on these reviews. If, after applying the guidelines to 30-year old foreign government information, a determination is made by the reviewer that classification is necessary, a date for declassification or DECLASSIFY ON: Originating Agency's Determination Required or “OADR” shall be shown on the face of the document. (c) Requests for mandatory review for declassification of foreign government information shall be processed and acted upon in accordance with the provisions of §1203.603 except that foreign government information will be declassified only in accordance with the guidelines developed for that purpose under §1203.702 and after consultation with other Government agencies with subject matter interest as necessary. In those cases where these guidelines cannot be applied to the foreign government information requested, the foreign originator normally should be consulted, through appropriate channels, prior to final action on the request. However, when the responsible NASA installation knows the foreign originator's view toward declassification or continued classification of the types of information requested, consultation with the foreign originator is not necessary. (d) Requests for mandatory review for declassification of foreign government information which NASA has not received or classified shall be referred to the Government agency having a primary interest. The requestor shall be advised of the referral. [44 FR 34913, June 18, 1979, as amended at 48 FR 5893, Feb. 9, 1983]
Title 14: Aeronautics and Space
PART 1203—INFORMATION SECURITY PROGRAM
Subpart G—Foreign Government Information
§ 1203.700 Identification.
§ 1203.701 Classification.
§ 1203.702 Duration of classification.
§ 1203.703 Declassification.
