32 C.F.R. § 2002.6 Categories requiring item-by-item review.
Title 32 - National Defense
Foreign government information falling into the following categories require item-by-item review for declassification by agencies having declassification authority over it. (a) Information exempted from declassification under any joint arrangement evidenced by an exchange of letters, memorandum of understanding, or other written record, with the foreign government or international organization of governments, or element(s) thereof, that furnished the information. Questions concerning the existence or applicability of such arrangements shall be referred to the agency or agencies having declassification authority over the records under review. (b) Information related to the safeguarding of nuclear materials or facilities, foreign and domestic, including but not necessarily limited to vulnerabilities and vulnerability assessments of nuclear facilities and Special Nuclear Material. (c) Nuclear arms control information (see also paragraph (k) of this section). (d) Information regarding foreign nuclear programs (other than “Restricted Data” and “Formerly Restricted Data”), such as: (1) Nuclear weapons testing. (2) Nuclear weapons storage and stockpile. (3) Nuclear weapons effects, hardness, and vulnerability. (4) Nuclear weapons safety. (5) Cooperation in nuclear programs including, but not limited to, peaceful and military applications of nuclear energy. (6) Exploration, production and import of uranium and thorium from foreign countries. (e) Information concerning intelligence activities (including special activities) or intelligence or counterintelligence sources or methods including but not limited to intelligence, counterintelligence and covert action programs, plans, policies, operations, or assessments; or which would reveal or identify: (1) Any present, past or prospective undercover personnel, installation, unit, or clandestine human agent, of the United States or a foreign government; (2) Any present, past or prospective method, procedure, mode, technique or requirement used or being developed by the United States or by foreign governments, individually or in combination to produce, acquire, transmit, analyze, correlate, assess, evaluate or process intelligence or counterintelligence, or to support an intelligence or counterintelligence source, operation, or activity; (3) The present, past or proposed existence of any joint United States and foreign government intelligence, counterintelligence, or covert action activity or facility, or the nature thereof. (For guidance on protecting United States foreign intelligence liaison relationships, see Director of Central Intelligence Directive “Security Classification Guidance and Foreign Security Services,” effective January 18, 1982.) (f) Information that could result in or lead to actions which would place an individual in jeopardy attributable to disclosure of the information, including but not limited to: (1) Information identifying any individual or organization as a confidential source of intelligence or counterintelligence. (2) Information revealing the identity of an intelligence or covert action agent or agents. (3) Information identifying any individual or organization used to develop or support intelligence, counterintelligence, or covert action agents, sources or activities. (g) Information about foreign individuals, organizations or events which if disclosed, could be expected to: (1) Adversely affect a foreign country's or international organization's present or future relations with the United States. (2) Adversely affect present or future confidential exchanges beween the United States and any foreign government or international organization of governments. (h) Information related to plans (whether executed or not, whether presented in whole or in part), programs, operations, negotiations, and assessments shared by one or several foreign governments with the United States, including but not limited to those involving the territory, political regime or government of another country, and which if disclosed could be expected to adversely affect the conduct of U.S. foreign policy or the conduct of another country's foreign policy with respect to a third country or countries. This item would include contigency plans, plans for covert political, military or paramilitary activities or operations by a foreign government acting alone or jointly with the United States Government, and positions or actions taken by a foreign government alone or jointly with the United States concerning border disputes or other territorial issues. (i) Information concerning arrangements with respect to foreign basing of cryptologic operations and/or foreign policy considerations relating thereto. (j) Scientific information such as that concerning space, energy, climatology, communications, maritime, undersea, and polar projects, the disclosure of which could be expected to adversely affect current and/or future exchanges of such information between the United States and any foreign governments or international organizations of governments. (k) Information on foreign policy aspects of nuclear matters, the disclosure of which could be expected to adversely affect cooperation between one or more foreign governments and the United States Government. (l) Information concerning physical security arrangements, plans or equipment for safeguarding United States Government embassies, missions or facilities abroad, the disclosure of which could reasonably be expected to increase the vulnerability of such facilities to penetration, attack, take-over, and the like. (m) Nuclear propulsion information. (n) Information concerning the establishment, operation, and support of nuclear detection systems. (o) Information concerning or revealing military or paramilitary escape, evasion, cover or deception plans, procedures, and techniques, whether executed or not. (p) Information which could adversely affect the current or future usefullness of military defense policies, programs, weapons systems, operations, or plans. (q) Information concerning research, development, testing and evaluation of chemical and biological weapons and defense systems; specific identification of chemical and biological agents and munitions; and chemical and biological warfare plans. (r) Technical information concerning weapons systems and military equipment that reveals the capabilities, limitations, or vulnerabilities of such systems, or equipment that could be exploited to destroy, counter, render ineffective or neutralize such weapons or equipment. (s) Cryptologic information, including cryptologic sources and methods, currently in use. This includes information concerning or revealing the processes, techniques, operations, and scope of signals intelligence comprising communications intelligence, electronics intelligence, and telemetry intelligence, the crytosecurity and emission security components of communications security, and the communications portion of cover and deception plans. (t) Information concerning electronic warfare (electronic warfare support measures, electronic counter-countermeasures) or related activities, including but not necessarily limited to: (1) Nomenclature, functions, technical characteristics or descriptions of communications and electronic equipment, its employment/development, and its association with weapoins systems or military operations. (2) The processes, techniques, operations or scope of activities involved in the acquisition, analysis and evaluation of such information, and the degree of success achieved by the above processes, techniques, operations or activities. (u) Present, past or proposed protective intelligence information relating to the sources, plans, techniques, equipment and methods used in carrying out assigned duties of protecting United States Government officials or other protectees abroad and foreign officials while in the United States or United States possessions. This includes information concerning the identification of witnesses, informants and persons suspected of being dangerous to persons under protection. (v) Information on deposits of foreign official institutions in United States banks and on foreign official institutions' holdings, purchases and sales of long-term marketable securities in the United States. (w) Information concerning economic and policy studies and sensitive assessments or analyses of economic conditions, policies or activities of foreign countries or international organizations of governments received through the Multilateral Development Banks and Funds or through the International Monetary Fund (IMF) and the Organization for Economic Cooperation and Development (OECD). (x) Information described in paragraphs (a) through (w) contained in correspondence, transcripts, memoranda of conversation, or minutes of meetings between the President of the United States or the Vice President of the United States and foreign government officials. (y) Information described in paragrpahs (a) through (w) contained in documents originated by or sent to the Assistant to the President for National Security Affairs, his Deputy, members of the National Security Council staff, or any other person on the White House or the Executive Office of the President staffs performing national security functions. (z) Federal agency originated documents bearing Presidential, National Security Council, or White House or Executive Office of the President staffs' comments relating to categories of information described in paragraphs (a) through (w). (aa) Information as described in paragraphs (a) through (w) contained in correspondence to or from the President or the Vice President, including background briefing memoranda and talking points for meetings between the President or the Vice President and foreign government officials, and discussions of the timing and purposes of such meetings. (bb) Information as described in paragraphs (a) through (w) contained in agency message traffic originated by White House or Executive Office of the President staff members but sent through agency communication networks.
Title 32: National Defense
PART 2002—GENERAL GUIDELINES FOR SYSTEMATIC DECLASSIFICATION REVIEW OF FOREIGN GOVERNMENT INFORMATION
§ 2002.6 Categories requiring item-by-item review.
