22 C.F.R. § 9.4 Classification.
Title 22 - Foreign Relations
(a) When there is reasonable doubt about the need to classify information, the information shall be safeguarded as if it were “Confidential” pending a determination about its classification by an original classification authority. When there is reasonable doubt about the appropriate classification level, the information shall be safeguarded at the higher level pending the determination of its classification level by an original classification authority. Determinations hereunder shall be made within 30 days. (b) Information may not be classified unless its disclosure reasonably could be expected to cause damage to the national security. Information may not be classified to conceal violations of law, inefficiency, or administrative error; to prevent embarrassment to a person, organization, or agency; to restrain competition; or to prevent or delay the release of information that does not require protection in the interest of national security. (c) The President or an agency head or official designated under section 1.2 (a)(2), 1.2 (b)(1), or 1.2 (c)(1) of the Order may reclassify information previously declassified and disclosed if it is determined in writing that (1) the information requires protection in the interest of national security, and (2) the information may reasonably be recovered. These reclassification actions shall be reported promptly to the Director of ISOO. (d) It is permitted to classify or reclassify information after an agency has received a request for it under the Freedom of Information Act or the Privacy Act, or the mandatory review provisions of the Order, provided that such classification meets the requirements of the Order and is accomplished personally and on a document-by-document basis by the agency head, the deputy agency head, the senior official, or an official with original Top Secret classification authority. Every effort should be made to classify properly at the time of origin. When a determination is made that a document requires classification or reclassification, however, all holders of the document should be notified and, in the Department of State, a copy of the classification or reclassification memorandum should be sent to the Foreign Affairs Information Management Center (FAIM). In addition, if the classification or reclassification was done in any office other than the DAS/CDC, that office should send a copy of the pertinent memorandum to the CDC. (e) For the Department of State, these functions will be performed by the DAS/CDC. (f) For AID, the function will be performed by the Administrator. (g) For USIA, the function will be performed by the Director of Public Liaison. (h) Information classified in accordance with these regulations 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.
Title 22: Foreign Relations
PART 9—SECURITY INFORMATION REGULATIONS
§ 9.4 Classification.
