22 C.F.R. § 9.5   Classification designations.


Title 22 - Foreign Relations


Title 22: Foreign Relations
PART 9—SECURITY INFORMATION REGULATIONS

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§ 9.5   Classification designations.

(a) Only three (3) designations of classification are authorized: “Top Secret,” “Secret,” and “Confidential.”

(1) Top Secret. Information may be classified “Top Secret” if its unauthorized disclosure could reasonably be expected to cause exceptionally grave damage to the national security. This classification should be used with the utmost restraint. Examples of “exceptionally grave damage” include armed hostilities against the United States or its allies; disruption of foreign relations vitally affecting the national security; the compromise of vital national defense plans or complex cryptologic and communications intelligence systems; the revelation of sensitive intelligence operations; and the disclosure of scientific or technological developments vital to national security.

(2) Secret. Information may be classified “Secret” if its unauthorized disclosure could reasonably be expected to cause serious damage to the national security. This classification should be used sparingly. Examples of “serious damage” include disruption of foreign relations significantly affecting the national security; significant impairment of a program or policy directly related to the national security; revelation of significant military plans or intelligence operations; and compromise of significant scientific or technological developments relating to national security.

(3) Confidential. Information may be classified “Confidential” if its unauthorized disclosure could reasonably be expected to cause damage to the national security. Except as otherwise provided by statute, no other terms shall be used to identify classified information. Terms or phrases such as “For Official Use Only” or “Limited Official Use” shall not be used to identify national security information. No other term or phrase shall be used in conjunction with these national security information designations, such as “Secret Sensitive” or “Agency Confidential” to identify national security information.

(b) Foreign government information. If classified by the foreign government, the information shall either retain its original classification or be assigned a U.S. classification designation which will ensure a degree of protection at least equivalent to that required by the entity that furnished the information. If not given a specific classification by the foreign government, the information will be assigned an appropriate classification dependent on the sensitivity of the subject matter and the degree of damage its unauthorized disclosure could reasonably be expected to cause to the national security. Classification designations assigned by the U.S. agency shall be marked on the foreign government information in accordance with the provisions of §9.12.

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