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31 C.F.R. § 2.7   Identification and markings [1.5(a), (b) and (c)].

Title 31 - Money and Finance: Treasury

Title 31: Money and Finance: Treasury
PART 2—NATIONAL SECURITY INFORMATION
Subpart A—Original Classification

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§ 2.7   Identification and markings [1.5(a), (b) and (c)].

The information security system requires that standard markings be applied to classified information. Except in extraordinary circumstances as provided in section 1.5(a) of the Order, or as indicated herein, the marking of paper and electronically created documents shall not deviate from the following prescribed formats. These markings shall also be affixed to material other than paper and electronically created documents, including file folders, film, tape, etc., or the originator shall provide holders or recipients of the information with written instructions for protecting the information.

(a) Classification Level. The markings “Top Secret,” “Secret,” and “Confidential” are used to indicate: information that requires protection as classified information under the Order; the highest level of classification contained in a document; the classification level of each page and, in abbreviated form, the classification of each portion of a document.

(1) Overall Marking. The highest level of classification of information in a document shall be marked in such a way as to distinguish it clearly from the informational text. Markings shall appear at the top and bottom of the outside of the front cover (if any), on the title page (if any), on the first and last pages bearing text, and on the outside of the back cover (if any).

(2) Page Marking. Each interior page of a classified document is to be marked at the top and bottom, either according to the highest classification of the content of the page, including the designation “UNCLASSIFIED” when it is applicable, or with the highest overall classification of the document.

(3) Portion Marking. Only the Secretary of the Treasury may waive the portion marking requirement for specified classes of documents or information upon a written determination that:

(i) There will be minimal circulation of the specified documents or information and minimal potential usage of the documents or information as a source for derivative classification determinations; or

(ii) There is some other basis to conclude that the potential benefits of portion marking are clearly outweighed by the increased administrative burdens.

(b) Unless the portion marking requirement has been waived as authorized, each portion of a document, including subjects and titles, shall be marked by placing a parenthetical designation either immediately preceding or following the text to which it applies. The symbols, “(TS)” for Top Secret, “(S)” for Secret, “(C)” for Confidential, and “(U)” for Unclassified shall be used for this purpose. The symbol, “(LOU)” shall be used for Limited Official Use information. If the application of parenthetical designations is not practicable, the document shall contain a statement sufficient to identify the information that is classified and the level of such classification, as well as the information that is not classified. If all portions of a document are classified at the same level, this fact may be indicated by a statement to that effect, e.g. “Entire Text is Classified Confidential.” If a subject or title requires classification, an unclassified identifier may be applied to facilitate reference.

(c) Classification Authority. If the original classifier is other than the signer or approver of the document, his or her indentity shall be shown at the bottom of the first and last pages as follows: “CLASSIFIED BY (identification of original classification authority)”.

(d) Bureau and Office of Origin. If the identity of the originating bureau or office is not apparent on the face of the document, it shall be clearly indicated below the “CLASSIFIED BY” line.

(e) Downgrading and Declassification Instructions. Downgrading and, as applicable, declassification instructions shall be shown as follows:

(1) For information to be declassified automatically on a specific date:

Classified by____________________
Office____________________
Declassify on (date)____________________

(2) For information to be declassified automatically upon the occurrence of a specific event:

Classified by ____________________
Office ____________________
Declassify on (description of event) ____________________

(3) For information not to be declassified automatically:

Classified by ____________________
Office ____________________

Declassify on Origination Agency's Determination Required or “OADR”

(4) For information to be downgraded automatically on a specific date or upon occurrence of a specific event:

Classified by ____________________
Office ____________________
Downgrade to ____________________
on (date or description of event) ____________________

(f) Special Markings—(1) Transmittal Documents [1.5(c)]. A transmittal document shall indicate on its first page and last page, if any, the highest classification of any information transmitted by it. It shall also include on the first and last pages the following or similar instruction:

(i) For an unclassified transmittal document:

Unclassified When Classified

Enclosure(s) Detached.

(ii) For a classified transmittal document:

Upon Removal of Attachment(s)

this Document is ____________________

(classification level of the transmittal document alone), or:

This Document is Classified ____________________

with Unclassified Attachment(s).

(2) Restricted Data or Formerly Restricted Data [6.2(a)]. Restricted Data or Formerly Restricted Data shall be marked in accordance with regulations issued under the Atomic Energy Act of 1954, as amended. Restricted Data is information dealing with the design, manufacture, or utilization of atomic weapons, production of special nuclear material or use of special nuclear material in the production of energy. Formerly Restricted Data is classified information that has been removed from the “restricted data” category but still remains classified. It relates primarily to the military utilization of atomic weapons.

(3) Intelligence Sources or Methods [1.5(c)]. Documents that contain information relating to intelligence sources or methods shall include the following marking unless otherwise prescribed by the Director of Central Intelligence: “WARNING NOTICE—INTELLIGENCE SOURCES OR METHODS INVOLVED” To avoid confusion as to the extent of dissemination and use restrictions governing the information involved, this marking may not be used in conjunction with special access or sensitive compartmented information controls.

(4) Foreign Government Information (FGI) [1.5(c)]. Documents that contain FGI shall include either the marking “FOREIGN GOVERNMENT INFORMATION,” or a marking that otherwise indicates that the information is foreign government information. If the information is foreign government information that must be concealed, given the relationship or understanding with the foreign government providing the information, the marking shall not be used and the document shall be marked as if it were wholly of United States origin. However, such a marking must be supported by a written explanation that, at a minimum, shall be maintained with the file or referenced on the original or record copy of the document or information.

(5) National Security Information [4.1(c)]. Classified information furnished outside the Executive Branch shall show the following marking:

NATIONAL SECURITY INFORMATION

Unauthorized Disclosure Subject to

Administrative and Criminal Sanctions

(6) Automated Data Processing (ADP) and Computer Output [1.5(c)]. (i) Documents that are generated via ADP or as computer output may be marked automatically by systems software. If automatic marking is not practicable, such documents must be marked manually.

(ii) Removable information storage media, however, will bear external labels indicating the security classification of the information and associated security markings, as applicable, such as handling caveats and dissemination controls. Examples of such media include magnetic tape reels, cartridges, and cassettes; removable disks, disk cartridges, disk packs, and diskettes, including “floppy” or flexible disks; paper tape reels; and magnetic and punched cards. Two labels may be required on each medium: a color coded security classification label, i.e., orange Standard Form 706 (Top Secret label), red SF 707 (Secret label), blue SF 708 (Confidential label), purple SF 709 (Classified label), green SF 710 (Unclassified label); and a white SF 711 (Data Descriptor label). National stock numbers of the labels, which are available through normal Federal Supply channels, are as follows: SF 706, 7540–01–207–5536; SF 707, 7450–01–207–5537; SF 708, 7450–01–207–5538; SF 709, 7540–01–207–5540; SF 710, 7540–01–207–5539 and SF 711, 7540–01–207–5541. Treasury Directive 71–02 provides for the use of a green “Officially Limited Information” label, TD F 71–05.2, to identify information so marked.

(iii) In a mixed environment in which classified and unclassified information in processed or stored, the “Unclassified” label must be used to identify the media containing unclassified information. In environments in which only unclassified information is processed or stored, the use of the “Unclassified” label is not required. Unclassified media, however, that are on loan from (and must be returned to) vendors do not require the “Unclassified” label, but each requires a Data Descriptor label with the words, “Unclassified Vendor Medium” entered on it.

(iv) Each medium shall be appropriately affixed with a classification label and, as applicable, with a Data Descriptor label at the earliest practicable time as soon as the proper security classification or control has been established. Labels shall be conspicuously placed on media in a manner that will not adversely affect operation of the equipment in which the media is used. Once applied, the label is not to be removed. A label to identify a higher level of classification may, however, be applied on top of a lower classification level in the event that the content of the media changes, e.g., from Confidential to Secret. A lower classification label may not be applied to media already bearing a higher classification label. Personnel shall be responsible for appropriately labeling and controlling ADP and computer storage media within their possession.

(g) Electronically Transmitted Information (Messages) [1.5(c)]. Classified information that is transmitted electronically shall be marked as follows:

(1) The highest level of classification shall appear before the first line of text;

(2) A “CLASSIFIED BY” line is not required;

(3) The duration of classification shall appear as follows:

(i) For information to be declassified automatically on a specific date: “DECL: (date)”;

(ii) For information to be declassified upon occurrence of a specific event: “DECL: (description of event)”;

(iii) For information not to be automatically declassified which requires the originating agency's determination (see also §2.7(e)(3)): “DECL: OADR”;

(iv) For information to be automatically downgraded: “DOWNGRADE TO (classification level to which the information is to be downgraded) ON (date or description of event on which downgrading is to occur)”.

(4) Portion marking shall be as prescribed in §2.7(a)(3);

(5) Specially designated markings as prescribed in §2.7(f) (2), (3), and (4) shall appear after the marking for the highest level of classification. These include:

(i) Restricted Data or Formerly Restricted Data;

(ii) Information concerning intelligence sources or methods: “WNINTEL,” unless otherwise prescribed by the Director of Central Intelligence; and

(iii) Foreign Government Information (FGI).

(6) Paper copies of electronically transmitted messages shall be marked as provided in §2.7(a) (1), (2), and (3).

(h) Changes in Classification Markings [4.1(b)]. When a change is made in the duration of classified information, all holders of record shall be promptly notified. If practicable, holders of record shall also be notified of a change in the level of classification. Holders shall alter the markings on their copy of the information to conform to the change, citing the authority for it. If the remarking of large quantities of information is unduly burdensome, the holder may attach a change of classification notice to the storage unit in lieu of the marking action otherwise required. Items withdrawn from the collection for purposes other than transfer for storage shall be marked promptly in accordance with the change notice.

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