ARMY REGULATIONS} 

No. 380-5 

REF ID:A39899 

*AR 380-& 

1 

WAR DEPARTMENT, 

WASHINGTON, June 10, 1939. 

SAFEGUARDING MILITARY INFORMATION 

Paragraphs 

Section ·. I. GcneraL------------------------------------------------ 1-16 

II. Documents---------------------------------------------- 17-22 

III. Registered' documents ____________________________________ 23--29 

/IV. Cryptographic securitY----------------------------------- 30-44 

V. ~faterie1------------------------------------------------- 45--56 

VI. Visitors-------------------------------------~----------- 57--60 

VII. Airspace reservations, reserved areas, and restricted areas_ 61--62 

VIII. Troop movements in war _________________________________ 63--67 

.,, IX. Extracts from pertinent laws and regulatious _____________ 63--74 

SECTION I 

GENERAL 

Paragraph 

Deftnltions---------------------------------------------·--------------------- 1 

ResponsibilitY------------------------ _ --- _ ----------------------------------- 2 

Right to possess classified military lnformntion--------------------------------- 3 

DiS11emlnation of classified mllifary Information--------------------------------- 4 

Requests for mllltary information--------------------------------------------- 5 

One classification onlY------------------------------------------- __ ---------- 6 

Overclassification _____ ----------- ------ - - -------------------------- - - - - - - ----- 7 

Secret matter--------------------------------------------------------------- 8 

Confidential matter----------------------------------------------------------- 9 

Restricted matter------------------------------------------------------------ 10 

Classlllcation of information from other governmental agencies______________________ 11 

Testimony before Congress--------------------------~------------------------- 12-

Legislatlon pertaining to the War DepartmenL---------------------------------- 13 

Loss <Jr subjection to compromise---------------------------------------------- 14 

Reproduction of classified matter------------------------------------------------ 15 

Cancelation or change of classilkation__________________________________________ 16 

1. Defl.nitions.-To facilitate an undenitauding of these regulations, the following terms are defined : 

a. 11.ircraft.-The term "aircraft" includes all weight-carrying devices or 

structures designed to be supported by the air, either by buoyance or by dynamic 

action. 

b. Airspace reservation.-An airspace reservation is - the airspace loc1,tted 

above an area on the surface of the land or water, designated and set apart by 

Executive order of the President or by a State, Commonwealth, or '£erritory, 

over which the flight of aircraft is prohibited or restricted for the purpose of 

national defense or for other governmental purpos.es. 

c. Olassifted military information.-Classifted military information includes 

all information concerning documents, cryptographic devices, development proj-

*This pamphlet supersedes AR 80-1205, December SO, 1924; AR 880-5, September 23, 1987; 

AR 335-5, July 1987; a.nd eection VI, AR 860-26, July 23, 1936. 

181386°~39----1 
AR 380-5 

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SAFEGUARDING MILITARY INFORMATION 

ects, nnd materiel classified as secret, confidential, or restricted, as well as the 

items themselves. All other military information, documents, development 

projects, and materiel are regarded as unclassified. 

d. Cryptographic material.-Cryptographic material includes all documents 

and devices employed in changing plain-language messages into unintelligible 

form by means of codes and ciphers. 

e. Cryptographic security.--Cryptographic security is that branch of signal 

communication which deals with the provision of technically sound cryptographic 

systems, their proper use, nnd their careful safeguarding. 

f. Document.-The term "document" includes printed, mimeographed, typed, 

photostated, and written matter of all kinds; maps, photomaps, and aerial 

photographs aud mosaics; drawings, sketches, notes, and blueprints, or photostatic copies thereof; photographs and photographic negatives; engineering 

data; correspondence and plans relating to research and development projects; 

and all other similar matter. 

g. Engineering data.-The term "engineering data" comprises draWings, blueprints, photostats, photographs, mathematical calculations, formulas, processes, 

and all similar items that can be reduced to documentary form. 

h. Foreign government.-The term "foreign government" includes any recognized or nonrecognized government and any faction or body of insurgents 

within a country with which the United States is at peace. 

i. Matericl.-The term "materiel" comprises military arms, armament, equipment, and supplies of all classes, both complete and in process of development 

and construction, models that show features in whole or in part, designs, 

mock-ups, jigs, fixtures, and dies, and all other components or accessories of 

military equipment. 

j. Mock-up.-A mock-up is a model, usually full size and constructed of inexpensive material, made for the purpose of studying the construction and use 

of an article of materiel or mechanical device. 

le. Paraphrasing.-Paraphrasing is the changing of the word order or words 

and the length of a message without changing the meaning. 

i. Photomap.-A photomap is a reproduction of an aerial mosaic, composite, 

or single vertical used in place of or to supplement a map. 

m. Registered, document.-A registered document is a secret or confidential 

document or cryptographic device which ls assigned a register number for use 

in accounting to the office of record at periodic intervals. 

n. Reserved area.-A reserved area is nn area on the surface of the land or 

water designated and set apart by Executive order of the President for purposes of national defense, admittance to which is either prohibited or restricted. 

o. Short title.-A short title is a designation applied to a registered document 

for purposes of security and brevity. It consists of figures, letters, words, or 

combinations thereof, and an abbreviated designation of the office of origin 

without giving any information relative to classification or content of the 

document. 

p. United States.-The term "United States" as used in this A.ct includes the 

Canal Zone and all territory and waters, continental or insular, subject to the 

jurisdiction of the United States. Sec. 1, Title XIII, act June 1l5, 191"1 (40 

Stat. 231); l59 U.S. 0. 40; M. L. 1929, sec. 2187. 

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AR 380-5 

1-5 

q. Visitor.-As used in these regulations a visitor is any person admitted to 

a Government or commercial manufacturing establishment engaged in classified 

work or project for the War Department except-

(1) A person employed on the work or project, or 

(2) A. person directly and officially concerned with the work or project. 

2. Responsibility.-a. The safeguarding of classified military information is 

the responsibility of all military personnel, of civilian employees of the War 

Department, and of the management and employees of all commercial firms 

engaged in classified work or projects for the War Department. Classified 

military information will be discussed only with military or civilian personnel 

having a legitimate interest therein. 

b. Commanding officers, administrative officers, and procurement agencies are 

responsible that military personnel, civilian employees of the 'Var Department, 

and the management and employees of commercial firms engaged in classified 

projects or developments for the War Department are familiar with the pertinent provisions of these regulations. 

3. Right to possess classified milltacy information.-a. No person in the 

military service or employed by it is entitled to classified military information 

solely by virtue of his commission or official position. Such information will 

be entrusted only to those who need it in the performance of their official 

duties and to insure teamwork and efficient instruction of personnel, proper 

planning, or proper maintenance of equipment. 

b. Photographs of classified features of military equipment or of other classified items will be made by members of the military service or by civilian employees of the War Department only when necessary in the conduct of their 

official duties and if made will not be developed or printed in commercial estab· 

lishments or retained in their personal possession. 

4. Dissemination of classified military information.-a. When classified mill· 

tary information is disseminated under the provisions of these regulations to 

persons not subject to military law, they will be informed that it atiects the 

national defense of the United States within the meaning of the Espionage Act 

and that its transmission to an unauthorized person is prohibited. 

b. Publication of articles by m;iUtary personnel.--The inclusion of classified 

military information in any article published by a member of the Army of the 

United States is prohibited unless specifically authorized by the War Department. For .additional information relative to publication of articles see .AR 

310-10, 600-10, and 600-700. 

c. Orai discussions of classified mllitary information.-Either public or private 

discussion of classified military information by members of the military service 

with or in the presence of unauthorized personnel is strictly forbidden. 

5. Requests for military information.-a. Requests from private individuals 

or firms for classified military information will be referred through channels 

to the corps area commander or chief of the arm or service concerned, who, if 

unable to make reply or if another agency is interested, will refer the matter 

to The Adjutant General for appropriate action. 

b. Requests for military information by foreign nationals, including representatives of foreign governments, such as military and air attaches, will be 

referred to the Military Intelligence Division, War Department General Stat!, 

for necessary action, 

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SAFEGUARDING MILITARY INFORMATION 

6. One classification only.-A document or article of materiel will not be 

assigned more than one of the three classifications-secret, confldential, or restricted, but should this happen through error the more restrictive classification will apply. 

7. Overclassi:fication.-Documents or materiel requiring classification under 

the provisions of these regulations will be assigned the least restrictive classification consistent with the proper safeguarding of the information or materiel 

concerned. Overclassification will be avoided. 

8. Secret matter.-a. When cla.~sifled secret.-Documents, cryptographic devices, development projects, or articles of materiel will be classified and, 

if practicable, marked secret when disclosure of the information or features 

contained therein might endanger national security, cause serious injury 

to the interest or prestige of the nation or any governmental activity, or would 

be of great advantage to a foreign nation. 

b. E1JJampl<:Js of item8 classified as secret. 

(1) War plans. 

(2) Documents relating to the design and development of new materiel 

and containing information of the type described in a above. 

:(3) Codes, ciphers, and cryptographic devices used to transmit secret 

information. 

( 4) Certain military maps and photomaps. 

(a) In the continental United States, those illustrating and 

identified with a war plan, including local defense plans, 

defense projects, or any phase thereof. 

(b) In oversea possessions and foreign territory occupied by 

the forces of the United States, those illustrating an 

approved war plan, including local defense plans, defense 

projects, or any phase thereof; those showing the lay-out 

of permanent defense works and naval bases and the 

adjacent terrain vital to their defense; and those that 

serve to fix definitely the location of any element of 

permanent defense works and naval bases. 

(5) Information concerning items of materiel and methods of assembly 

classified as secret by a chief of arm or service. 

(6) Photographs, photostats, diagrams, or models of any secret document or essential part of secret materiel. 

c. Authority to classify as secret.-Matters may be classified as secret only 

by or by authority of the Secretary of War; the Assistant Secretary of War; 

the Chief of Staff, or an Assistant Chief of Staff of the War Department General 

Staff; a chief of arm, service, or bureau; a general officer; the commanding 

officer of a depot, post, camp, or station; the commandant of a general or 

special service school; or a military attache. 

a. Dissemination of secret matter.-The dissemination of secret matter will 

be held to the absolute minimum. Information as to the contents or whereabouts of secret matter will be disclosed only to those persons whose duties 

require such knowledge. It is exclusively for the officiai use of the person 

to whom it is divulged or issued, who will be responsible for its safe custody 

and security. Its inviolability is the duty and responsibility of all persons 

baving knowledge thereof, no matter how obtained. 

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AR 880-5 

9.10 

9. Confidential matter.~a. When classified as confidentiai.-Documents, 

cryptographic devices, development projects, and articles of materiel will be 

classified and, if practicable, marked confidential when disclosure of the information contained therein, although not endangering the national security, 

might be prejudicial to the interest or prestige of the United States, a governmental actJvity, .or an individual, or be of advantage to a foreign nation. 

b. Ea:amples of items classified as confidential: 

(1) Regulations governing joint action of the Army and the Navy. 

(2) Documents relating to the design and development of new materiel 

and containing information of the type described in a atove. 

(3) Codes, ciphers, and cryptographic devices used to transmit confidential information. 

(4) Certain military maps and photomaps. 

(a) In the continental United States, those showing lay-out of 

the permanent defense works and naval bases and the 

adjacent terrain vital to their defense, and those that 

serve to fix definitely the location of any element of 

permanent defense works and naval bases, except that when 

the complete map of a defense area consists of more than 

one sheet, only those sheets showing defense elements 

need be classified as confidential. 

( b) In oversea possessions and foreign territory occupied by 

the forces of the United States, those not classified as 

secret, showing lay-out of military and naval radio stations, 

air bases, airdromes, air depots, supply bases, arsenals, 

proving grounds, or any area vital to defense. 

(5) Technical information, such as research of processes of manufacture which may be a distinct military asset and not a matter 

of general knowledge, and other technical items of the type 

described in a above. 

(6) Photographs, photostats, diagrams, or models of any confidential 

document or essential part of confidential materiel 

(7) Certain reports, orders, or instructions pertaining to individuals, 

such as those relating to investigations, special assignments, and 

others. 

c . .Authority to classify as con.(idential.-Docurnents, dev.el,opment projects, 

D;1ateriel, or technical information may be classified as confidential by any commissioned officer. 

d. DisseminatiOn of c<m(ldential matter.-Confidentlal military information 

will neither be diScussed with nor disclosed to unauthorized persons. The contents or whereabouts of confidential documents, cryptographic devices, or materiel will be disclosed only to those persons in the Government service whose 

duties require that they have such knowledge and to such other persons of 

especial trust who must be informed. Those to whom confidential information 

is entrusted or disclosed are responsible for its safe custody and security. 

10. Restricted matter.-a. When classified as restricted.-A document, cryptographic device, development project, or article of materiel will be classified and, 

if practicable, marked restricted when information contained therein is for offi5 
AR 380-.5 

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REF ID:A39899 

SAFEGUARDING MILITARY INFORMATION 

clal use only, or when its disclosure should be limited for reasons of administrative privacy or denied the general public. 

b. Examples of items classified as restrictea: 

(1) Certain parts of mobilization plans and regulations. 

(2) Documents relating to the design and development of new materiel 

containing information of the type described in a above. 

(3) Procurement plans. 

( 4) Codes, ciphers, and cryptographic devices used to transmit restricted 

information. 

(5) Certain training and technical regulations. 

( 6) Certain Army extension courses. 

(7) Certain documents regarding engineering principles and design details, composition, method of processing or assembling, which are 

vital to the functioning or use of an article of materiel . 

. (8) Certain military maps and photomaps. 

(a) In the continental United States, those showing lay-out of 

military and naval radio stations, air bases, airdromes, air 

depots, supply bases, arsenals, and the adjacent terrain vital 

to their defense, including photographs not otherwise classified which are not suitable for public release; and 

('(b) In oversea possessions and foreign territory occupied by the 

forces of the United States, all topographic maps and photographs not otherwise classified which are not suitable for 

public release. 

'(9) Photographs, photostats, diagrams, or models of any restricted document or essential part of restricted materiel. 

(10) All information relative to war reserves. 

c. Authority to classify as restricted.-Documents, development projects, technical data, and materiel may be classified as restricted by any commissioned 

officer. 

d. Dissemination of restricted matter.-The information containe<! in restricted 

documents and the essential characteristics of restricted materiel will not be 

communicated to the public or to the press, but may be given to any person 

known to be in the service of the United States and to persons of undoubted 

loyalty and discretion who are cooperating in Government work. 

11. Classification of information from other governmental agencies.-Information obtained from the Navy Department or other governmental agency 

will be placed in the same relative classification as that in which it is car1ied by the controlling agency. 

12. Testimony before Congress.-a. When a person in the military service 

appears before a committee of Congress and is called upon to give testimony 

which he knows to be confidential or restricted, he will respectfully request 

that his statements be taken in executive session only and not appear in the 

record of hearings, the Congressional Record, or other document open to public 

inspection. 

b. When called upon to give testimony which he knows to be secret, unless 

be has previously been authorized by the Secretary of War to give such testimony, he will respectfully state that he is not authorized to disclose the information desired, and will inform the appropriate member of Congress that a written 

request for the specific information should be transmitted to the Secretary of 

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AR 380-5 

SAFEGUARDING MILITARY INFORMATION 12-16 

War. Testimony of a secret nature, when authorized by the Secretary of War, 

will be given only in executive session under the condition::i cited in a above. 

c. With regard to policies and facts which the public interest does not require 

to be kept secret, confidential, or restricted, see AR 600--10. 

13. Legislation pertaining to the War Department.-a. Recommendations 

to the War Department for legislation will be classified as 8eoret, confidential, 

or restricted until released by the Secretary of War. Prior to such release, no 

information as to any legislative recommendation will be revealed to any indi· 

• vidual or association not under War Department control except as may be 

required by law. 

b. The nature and content of reports of the War Department on bills referred 

to it by committees of Congress will not be disclosed to individuals or agencies 

outside the War Department. 

14. Loss or subjection to compromise.-Any person In the military service or 

·in its employ who may have knowledge of the loss or subjection to compromise 

of a secret or confidential document or article of materiel will promptly report 

that fact to the custodian of the document or materiel. The proper commanding 

officer will then make a thorough investigation of the circumstances, fix the 

responsibility, and send to The Adjutant General, through military channels, a 

report with his recommendation in the case. 

15. Reproduction of classified matter.-a. Agencies entrusted with the printing or reproduction, storage, and issue of classified documents will be informed 

of the applicable provhdons of these regulations. 

b. The commandants of the general and special service schools are responsible 

that the printing or reproduction plants of their respective commands release no 

classified information to personnel or agencies not entitled thereto. 

c. Chiefs of arms and services are responsible that service magazines or journals published under their supervision comply with the provisions of these 

regulations relative to security of classified military information. 

d. Information contained in classified documents may be referred to in other 

Clocuments which are unclassified or marked with a lower classification only by, 

or by authority of, an officer qualified to classify as secret. See para.graph Se. 

e. 'Vhenever correspondence, documents, drawings, prints, photographs, or 

models pertaining to secret, confidential, or restricted materiel disclose information regarding engineering principles, rlesign details, composition, methods of 

processing or of assembly which are vital to the manufacture, functioning, 

or use of the materiel, they wlll be appropriateiy classified. 

f. Clerical and technical work on secret and confidential matter will be performed only by trustworthy personnel. 

g. Preparation of pres8 rele,a.~es based on coded messages.-Officers authorized 

to prepare information to be made public will constantly bear in mind that such 

material may be of great value to the enemy signal intelligence service. Information received or sent in cryptographed messages will be paraphrased prior 

to release to the public. 

h. For additional instructions relative to the discussion of milltary, political, 

diplomatic, and classified subjects, see AR 600--700. 

16. Cancelation or change of classification.-a. The authority making the 

original classification, or higher authority, may cancel or- change the classification of a document by writing or stamping over the mark at the top of the first 

page, "Classification eanceled or changed to --------------------·" or "Classifi· 

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SAFEGUARDING MILITARY INJ!'ORM.A.TION 

cation canceled or c)luuged to --------------------• by authority of;' adding 

_the date and the initials of the officer making the change. 

b. The authority making. the original classification or higher authority may 

cancel or change the .classification of materiel by appropriate letters of 

instruction. 

SECTION II 

DOCUMENTS 

Paragraph· 

Marking of classltled documents------------------------------------------------ 17 

Transmission of claf!sified documents------------------------------------------- 18 

Routine correspondence, receipts, and reports------------------------------------ 19 Storage of classifted dociiments ___ '______________________________________________ 2() 

Heturn of secret and confidential documents------------------------------------ 21 

Destructl(>n of classified documents-------------------------------------------- 22 

· 17. Marking of classified documents.-a. Manner of ma-rli;ing. 

(1) Classified books or pamphlets, the pages of which are permanently 

and securely fastened together, will be plainly and conspicuously 

marked or st.amped secret, confidential, or restricted, on the cover, 

title page, and first page. 

(2) Classified communications and other material not permanently and 

securely fastened together, except as indicated in \3), (4), nnd 

(5) below, will be marked or stamped with the appropriate classification at the top and bottom of each page. The marking at 

the top will be so placed that it will not be hidden from view 

when the pages are clipped or stapled together. 

(3) Classified photographic negatives, drawings, or tracings will carry 

a legend of the proper classification in such position that it will 

be reproduced on all copies made therefrom. Photographs made 

from negatives not so inscribed will be marked at the top and 

on the back with the proper classification. 

( 4) Contracts for the manufacture of classified materiel will be plainly 

and conspicuously marked, not typed, with the proper classification on the first page. 

(5) Classified maps and photomaps will be appropriately marked under 

the scale. 

b; Altditional marking of classi'fi,ea documents issued to auth-orizea civilians.-

Documents containing classified military information furnished persons otller 

than those of the military and naval services and their civilian employees will, 

in addition to being marked secret, confidential, or restrictea, bear the following 

notation: 

This document contains information affecting the national defense of 

the United States within the meaning of the Espionage Act, 50 U. S. C., 

31 and 32. Its transmission or the revelation of its contents in any 

manner to an unauthorized person is prohibited by law. 

c. Special marking of seoret documents.-All secret documents will show the 

authority for the classification and the date affixed. 

18. Transmission of classified documents.-a. Secret documents. 

(1) Between officers of the same headquarters or statwn.-At headquarters commanded by an authority qualified to make the secret 

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AR 38()...5 

18 

classification, the commanding -Officer will provide for the security 

of interoffice transmission of secret documents. 

(2) Between posts, camps, or stations.-Within the United States and 

its possessions secret documents will be transmitted by an officermessenger or courier when practicable, otherwise by United States 

registered mail. When an officer-courier is not available, such 

documents may be transportoo to and from-foreign countries and 

the Philippine Commonwealth by State Department rotary lock 

pouch. If neither officer-courier nw diplomatic pouch is available, 

the responsible ofticer may entrust secret documents to reliable 

citizens of the United States, such as officers or officials of other 

governmental departments or masters of vessels of United States 

registry. If no undue delay will result, commanding officers of 

ports of embarkation will entrust secret documents to, the commanding officer -of troops on an Army transport for delivery. 

If none of the foregoing means of transportation are available, 

corps area commanders and commanding ~fficers of exempted stations are authorized to transmit secret documents by registered 

mail in a United States sea post office, provided they do not pass 

through any foreign postal system or that of the Philippine Commonwealth. 

(3) Preparation for transmissiOfl..-Except when personally delivered by 

authorized personnel, secret documents transmitted from one 

person to another will be inclosed in an inner and an outer cover. 

Typewritten matter in the document will be protected by a cover 

slwet, or by a method of folding, from direct contact with the 

inner cover. The inner cover will be a sealed wrapper or envelope addressed in the usual way but plainly marked secrfft so, 

that the notation will be seen when the outer cover is removed 

B,nd will contain a receipt form which will identify the addressor, 

the addressee, and the document. The outer cover will be sealed 

and addressed in the ordinary manner with no notation to indicate its secret_ classification. 

(4) Action upon. receivt of secret matter. 

(a) Prior to opening a sealed package or envelope containing 

secret ·documents, the seals and wrappers will be carefully 

inspected to determine whether there has been any tampering. If any evidence of tampering is noted, the facts will 

be reported immediately to the issuing authority, who will 

initiate an investigation without delay. 

( b) The inner cover marked secrfft will be opened only by the 

person to whom addressed or by personnel specifically 

designated by him. The receipt form will be dated and 

signed ':ind immediately returned to the sender. The inner 

cover will be destroyed by burning if the subject matter 

of the inclosure has been in contact therewith. 

(5) Transmission b11 aircraft.-Secret documents, except those used by 

Air Corps personnel during flight, will be transported by aircraft 

only under exceptional circumstances. When so transported they 

will be securely wrapped and placed in the custody of an officer 

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other than the pilot. When the flight is to be made over water 

the document will also be weighted. 

b. Confl,denti<U documents. 

(1) Between offices, posts, carnps, or stations.-Confidential documents 

maY be transmitted by any authorized messenger, insured express, or registered mail to any paint in the United States and 

its possessions, provided they do not pass through a foreign postal 

system and are carried in ships of United States registry. 

(2) Preparation' for transrnission.-A confidential document will be 

prepared for transmission in the same manner as a secret document except that the inner cover will contain a receipt form only 

when the sender deems it necessary and may be opened by any 

responsible person authorized by the addressee. 

(3) Transmi8sion by aircraft.-Confidential documents, except those 

used by Air Corps personnel during flight, will be transported 

by military aircraft or by registered air mail only when in the 

opinion of the responsible officer the emergency demands it. 

c. Restricted document8.-Restricted documents may be transmitted by any 

authorized messenger, or by ordinary mail, express, or freight to any point in 

the United States and its possessions, provided they do not pass through a foreign 

postal system and are carried on ships of United States registry. 

19. Routine correspondence, receipts, and reports.-Routine correspondence, 

receipts, or returns, and reports of possession, transfer, or destruction need not 

be classified if reference therein to classified or registered documents is made 

by file number or short title only, with no indication of the subject matter or 

classification. 

20. Storage of classified documents.-a. Storaue of classifl,ed documents not 

registered. 

(1) Secret and confidential documents, other than registered documents, 

will be stored in the most secure files available in a room that is 

kept locked when not in use. 

(2) Restricted documents will be stored and handled in such a manner 

as to insure a reasonable degree of security. 

b. Storage of regfater·ed documents. 

(1) Registered documents will be stored in the most secure space available, preferably the equivalent of a three-combination safe. 

(2) Only commissioned officers, warrant officers, and specially trusted 

enlisted men and civilian employees will be permitted to have 

access to the containers of registered documents or the combinations or keys thereto. 

(3) Safes containing registered documents will habitually be kept locked 

with the full combination whenever they are not under the direct 

supervision of a person officially entrusted with the combination. 

c. Cryptographic documents.-So far as practicable, cipher tables, alphabets, 

and keys will not be kept in the same container as the code books, documents, 

and devices to which they apply. 

d. Daily inspectil()n.-At every headquarters an inspection will be made each 

day immediately before the close of business to insure that all secret and confidential documents and cryptographic devices have been properly put away. 

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AR 38~5 

20-24 

e. Semtrity in th~ fieM-In tactical operations, actual or simulated, the commanding officer of the unit concerned is responsible that all documents are given 

the maximum security possible under the circumstances. No secret document 

will be taken into the front lines. 

21. Return of secret and confidential documents.-Upon change of station 

or separation from the military service, an officer will return to the source 

from which received, or otherwise properly account for, all secret and confi. 

dential documents which have been issued to him. 

22. Destruction of classified documents.-a. Secret and confidential documents. 

(1) When competent authority directs the destruction of secret or 

confidential documents, they will be burned in the presence of an 

officer, who will submit a certificate of destruction to the headquarters concerned. If the documents are registered, the certificate will be sent to the officer directing the destruction, who 

will forward it to the office of record indicated in the registered 

document. 

(2) Preliminary drafts, carbon sheets, plates, stencils, stenographic 

notes, and work sheets containing secret or confidential data will 

be destroyed by the person responsible for their production 

immediately after they have served their purpose or will be given 

the same classification and safeguarded in the same manner as 

the material produced from them. 

b. Restri-Oted. documents.-Restricted documents will be destroyed in any convenient way which will render them useless. 

SECTION III 

REGISTERED DOCUMENTS 

Paragraph 

Allthority to designate-------------------------------------------------------- 23 

Additional marking___________________________________________________________ 24 

Revised edition------------------------------------------------------------··-- 25 

NotUlcation of change of classification._________________________________________ 26 

Inventory and report of possession--------------------------------------------- 27 

Report of transfer__·---------------------------------------------------------- 28 

Prescribed forms------------------------------------------------------------- 29 

23. Authority to designate.-Officers authorized to originate and issue secret 

or confidential documents will designate as registered such secret and confidential documents issued by them as they deem necessary in the interest of 

national defense. Only documents of exceptional impo•rtance will be registered. 

24. Additional marking.-a. In addition to the marking secret or confidential, the title page or inside front cover of a registered document will ordinarily 

show the register number, short title, cffice of record to which returns will be 

made, and instructions covering the returns for its accounting and for its ultimate disposal. If this is not practicable, the required data will accompany the 

registered document on a separate sheet. 

b. All references to registered documents in semiannual or transfer reports, 

ordinary reports of destruction, or unclassified documents or correspondence will 

be by short title only, and such reports or correspondence need not be classified. 

Any correspondence or paper which refers to a registered document by a title 

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other than the short title must have the same classification as the registered 

document. 

25. Revised edition.-A new or revised edition of an old registered document 

should be assigned a new short title. 

26. Notification of change of classification.-When the classification of a 

registered document is changed, the office of record will notify all offices to 

which it has been issued. 

27. Inventory and report of possession.-a. Custodians will keep a complete 

inventory of all registered documents except those listed in c below and will 

make, or have made, on June 30 and December 31 of each year, an accurate 

return therefor to the proper office of record. 

b. In making a semiannual report of possession the following details will be 

observed: 

(1) Each item will be physically inspected and its register number 

checked against the inventory. 

(2) At headquarters having two or more commissioned officers the 

custodian and one other disinterested officer will make the in· 

ventory and both will sign the report. If the headquarters has 

only one commissioned officer, the report will so state. 

c. No semiannual report of possession will be made of-

(1) Training editions of code books, cipher alphabets, or keys, or of 

nonregistered cipher devices accounted for as ordinary property. 

(2) Registered documents which have been placed in custody or storage for historical purposes. 

d. Whenever a registered document is found which is not charged to the 

finder, a reasonable effort will be made to determine the office to which it pertains. If this is not found, the document will be forwarded through military 

channels to the issuing authority for disposition. 

28. Report of transfer.-a. When a registered document is transferred from 

one person to another, a certificate of transfer in triplicate will be made. The 

certificate, containing an acknowledgment of receipt by the receiving officer, will 

be dated and signed by the transferring ofllcer. 

b. Immediately upon completion of the tramifer, the original of the transfer 

certificate will be forwarded direct to the ofllce of origin. A copy of the cer~ 

tificate of transfer will be retained by each of the officers concerned. 

c. Whenever a registered document is removed from its proper place of custody and issued to another person, the custodian will require a written receipt. 

29. Prescribed forms.-a. War Department Form No. 32 (Record Card~ 

Registered Documents and Devices) will be used for recording all temporary 

transactions involving an individual regiEtercd document. 

b. War Department Form No. 33 (Record Card-Registered Documents and 

Devices-Station) will be used by each officer making a consolidated record of 

all transactions concerning registered documents. It serves as a check to 

prevent the undiscovered loss of the individual card, War Department Form 

No. 32. 

c. War Department Form No. 34 (Semiannual or Transfer Report of Registered Documents or Devices) will be used in transferring registered documents 

and in reporting the semiannual inventory thereof. 

12 

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REF ID:A39899 

AR 380-5 

SAFEGUARDING l\IILITARY INFORMATION 30-33 

SECTIO~ IV 

CRYPTOGRAPHIC SIGCUHI'l'Y 

Paragraph 

Authorization of cryptographic systems ____________ ----------------------------- 30 

Personal U4le of authorized codes forbidden_______________________________________ 31 

Personnel authorized to perform cryptographic <lutles_____________________________ 32 

Cryptographic security officer-------------------------------------------------- 33 

Sourres of danger to cryptographic securitY------------------------------------- 34 

Responsibility for classification of messages---------------------------------------- 35 

Dratting message&------------------------------------------------------------- 36 

Selection of cryptographic system ______________________ ----------------__________ 37 

Paraphrasing messages-------------------------------------------------------- 38 

Method of handling outgoing secret messages------------------------------------- 39 

Method of handling Incoming secret message.s----------------------------------- _ 40 

Method Of handling outgoing and incoming confidential messag('•------------------- 41 

Method of handling restricted messages------------------------------------------ 42 

Confirmation copies of cryptographed messages prohibited------------------------- 43 

Disposition or destruction of registered cryptographic materlaL-------------------- 44 

30, Authorization of cryptographic systems.-All codes, ciphers, and cipher 

devices intended for use in the military service will be authorized only by the 

War Department. For forces in the field in time of war, this authority will be 

delegated to the commanding general, GHQ, and may be delegated to theater 

comm.anders and to oversea department commanders for special use within 

their departments. 

31. Personal use of authorized codes forbidden.-The use of any authorlzerl 

code, cipher system, or cipher device for cryptographing personal messages is 

forbidden. 

32. Personnel authorized to perform cryptographic duties.--a. Secret mes~ 

.ra.ges.-The cryptographing and decryptograJ;Jhing of messages classified as 

secret will be performed only under the direct supervision of a commissioned 

officer. It is preferable that this class of work be done by commissioned officers, 

hut the commanding officer may in his discretion authorize by name, in writing; 

its performance by exceptionally reliable warrant officers, enlisted men, or 

civilian employees. 

b, OonfldenUal messages. 

(1) At all headquarters in time of peace and at headquarters of divisions 

and larger units in time of war, the cryptographing and decryptographing of confidential messages will be performed by the personnel as prescribed for secret messages. 

(2) At all headquarters of units smaller than a division in time of war, 

messages classified as crmfidential will be cryptographed or dceryptographed by personnel of the cryptographic section of the 

message center. 

c. Restricted messaues.-At all headquarters in time of peace, messages classified as restri.cted will be cryptographed or decryptographed by personnel whose 

duties normally require the performance of this work. 

33. Cryptographic security officer,-,-a. At each headquarters maintaining a 

1JJessage center there will be a cryptographfo security officer, who ordinarily 

will be the officer in charge of the message center. He will· be the custodian 

of cryptographic material and will be responsible for all measures necessary t() 

insure cryptographic security. 

b. If the cryptographic security officer believes that, in view of his knowledgeof other messages on the same or like subject, a message has been incorrectly 

13 
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33-36 

REF ID:A39899 

SAFEGUARDING l\IILITARY INFORMATION 

classified, or if he believes that the regulations governing the drafting and 

classifying of the message have been violated, he will request the originator to 

make the necessary change in the message or in its classification. If the originator does not comply with the request of the cryptographic security officer, 

the matter will be referred to the commanding officer of the headquarters concerned for final decision. 

c. Cryptographic duties at any station where there is no regularly constituted 

message center will be performed by the originator of the message or by personnel especially designated by the commanding officer. When cryptographic 

work is thus performed, the files of literal plain text messages and of cryptograms 

must be kept in different safes. 

34. Sources of danger to cryptographic security.-By far the most prolific 

sources of danger to cryptographic security arise from violations of principles 

governing the following: 

a. The physical security of technical paraphernalia pertaining to the cryptographic system. · 

b. The drafting of radiograms, cablegrams, and telegrams and their classification as secret, confidential, or restricted. 

c. The selection of the specific cryptographic system and the actual cryptographing. 

d. The handling and filing of literal, paraphrase, and cryptographic versions 

of messages. 

e. The preparation of information copies and press releases in which the contents of cryptographic messages are communicated to others. 

f. The selection of a means of transmission and the methods used in sending 

a message. 

35. Responsibility for classification of messages.-a. Within the limitations 

prescribed in paragraph 41b the originator of a message is responsible for its 

classification, unless special instructions governing particular cases have been 

received from higher authority. He is also responsible for the proper marking 

of the message before forwarding it for cryptographing and transmission. 

b. A message will invariably be classified and marked secret or confidenUai 

under the following circumstances : 

(1) When it contains information which is secret or confidential except 

when marked SEND IN CLEAR above the signature of the sender. 

The originator will place the words SEND IN CLEAR on a message only when rapidity of transmission is of more importance 

than the disclosure of content. 

(2) When it contains matter the transmission of which in plain language 

is prohibited by AR 105-25. 

(3) When there will be a saving in time or in the cost of transmission. 

36. Drafting messages.-a. Routine reports and messages which must be 

given a wide distribution, or whose contents may eventually be furnished the 

press, or which contain extracts or quotations from a newspaper, magazine, or 

any other document available to the public, will be prepared so as to permit 

their transmission in plain language or will be classified as restricted. When 

such matter is relevant to the context of a confidential or secret message and 

must be quoted verbatim, the quotation will be made in a separate message in 

a restricted code or cipher, and the confidential or secret message will state 

that the quotation is being sent separately. 

14 

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SAFEGUARDING MILITARY INFORMATION 

AR 38~5 

36-39 

b. Standardization of the content and form of such documents as field orders 

and operation instructions is necessary, but when fixed expressions are re· 

peated in a message construction the results are exceedingly dangerous to 

cryptographic security. Hence stereotyped phraseology and set form of expression, especially at the beginning or end of a message, wHl not be used. 

Examples of stereotyped beginnings are as follows: "Reference your," 

"Reurad,'' "Reference my,'' and "Reference." Necessary references will be placed 

in the body of the message. 

c. \V ords not important to the sense will be omitted. Conjunctions and prepositions will be reduced to the minimum, and every effort will be made to avoid 

repetition of words. 

d. The originator of all classified messages will paraphrase such portions as 

are quoted from-

( 1) A message in plain language. 

(2) A message in the same or another cryptographic system. 

(3) A newspaper, magazine, or document available to the public. 

e. Punctuation words, such as stop, period, and comma, will be avoided 

whenever the meaning is clear without them. Punctuation marks should be 

spelled out when it is essential that they be transmitted in the body of the 

message. 

37. Selection of cryptographic system.-a. Subject to modification as outlined in paragraph 33b, the classification secret, confidential, or re8tricted given 

a message by its originator governs the cryptographic system to be used in 

cryptographing the message. 

b. Messages dealing with the same subject will normally be sent in the same 

cryptographic system. Only a higher headquarters concerned is authorized to 

change the cryptographic system employed. If a change is authorized, previous 

messages will not be referred to by their reference numbers. 

c. The mere acknowledgment of a cryptographed message need not be classified and if unclassified will not be cryptographed. 

d. When the same clear-text message is transmitted to several addressees, it 

will ordinarily be cryptographed but once and sent to all addressees. If this 

is impossible because all addressees do not have identical codes or ciphers, the 

text of each message which m1ist be cryptographed in a different system will be 

carefully and differently paraphrased for each system before cryptographing. 

38. Paraphrasing messages.-If two or more messages present O!lly minor 

differences in wording, each will be paraphrased differently to destroy cryptographic similarities. The resulting paraphrases will alter not only the wording and length of original messages but will be substantially different from 

each other. 

39. Method of handling outgoing secret messages.-a. The originator will 

prepare and number all copies of secret messages, send the original to the 

message center, and retain one copy for temporary file. Other carbon copies, 

all numbered and bearing the following notation, may be sent to local officers 

directly concerned : 

The making of an exact copy of this message is forbidden. Only such 

extracts as are absolutely necessary will be made and marked "secret." 

15 
REF ID:A39899 

AR 380-5 

39-41 SAFEGUARDING l\IILI'l'AHY INFORMATION 

This copy will be safeguarded with the greatest care and will be returned 

to the originator without delay. 

All such copies will be destroyed when returned. 

b. The original plain-text copy sent to the message center by the originator 

will be cryptographed at the cryptographic section of the message center. In 

message centers serving tactical units one original and one carbon copy of the 

cryptograpbed message will be made and the original will be sent to the 

tran~mitting agency. In tile zone of the interior the number of copies to be 

made of the cryptographed message will be determined by the commanding 

officer of the headquarters concerned. All work sheets used In cryptographing 

the message will be immediately destroyed by burning. 

c. The original copy of the literal plain text will be marked Semt in secret 

code and returned to the originator who will place it in his secret file for 

outgoing messages and destroy the retained copy by burning. Only one copy 

of the literal text will be filed at the originator's office. 

d. The transmitting agency will send the cryptographed message, retaining 

at least one copy in its file of outgoing messages for final disposition in 

accordance with local regulations. 

e. In tactical operations wben time permits, secret messages will normally 

be carried by a staff officer or special messenger operating as a direct agent 

of the transmitting office. They may be transmitted by electrical or other 

means available to the message center when the time of transmission can be 

reduced thereby. 

40. Method of handling incoming secret messages.--a. An incoming secret 

message will be copied in duplicate by the receiving operator; th~ original will 

go to the cryptographic section of the message center and the carbon copy 

to the files of the receiving station or message center, where it wil~ be disposed 

of in accordance with local regulations. 

b. A cryptographer will decryptograph the message, making only one copy 

of the decryptographed literal plain text, which will be marked Received in 

8ecret code and delivered to the addressee. The cryptographed version will be 

retained in the files of the message center, where it will be disposed of in 

accordance with local regulations. All work sheets used in decryptographing 

will be destroyed by burning. The cryptographic section will not retain any 

copy of the plain text in its files. The placing on the message blank of any 

marks or notations even remotely connected with the cryptographic system or 

steps in decryptographing the message, such as underlining key words, indicating groupings corresponding to lengths of columns of key, etc., is forbidden. 

c. The addressee may make and circulate a limited number of carbon copies 

for the information of other officers directly concerned. Such copies will bear 

the notation and be destroyed as indicated in b above. Only one copy of the 

literal text of the message will be kept in the addressee's office. 

41. Method of handling outgoing and incoming confidential messages.-

a. At administrative headquarters having fixed message centers.-Whenever 

practicable, the procedure to be followed in the transmission of messages in 

confidential codes or ciphers will be substantially the same as that prescribed 

for those transmitted in secret code or cipher. They will, however, be marked 

and handled in accordance with provisions of these regulations governing confidential documents. 

16 

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REF ID:A39899 

SAFEGUARDING MILITARY INFORMATION 

AR 380-5 

41-45 

b. In tadwaZ operations, simulated or actua.l.-All messages not classified 

as seoret will be regarded as con.fidential but need not be so marked. The 

procedure to be followed is prescribed in Basic Field Manual, Volume IV, and 

in other pertinent regulations and instructions issued by proper authority. 

The policy regarding transmission of messages is as follows : 

In time of emergency all radio messages except those noted below 

are transmitted in cryptographic form. When the tactical situation is 

such that time cannot be spared for cryptographing, and when the information to be transmitted, if intercepted by the enemy, cannot be 

acted upon in time to influence the situation in question, a commanding officer or hi.s authorized representative may order the transmission 

of a message in plain language by a radio station serving his headquarters or command. See paragraph 35b. 

42. Method of handling restricted messages.-The procedure to be followed 

in the handling of messages in restricted codes and ciphers will be substantially 

the same as that prescribed for those in confidential code or cipher, except that 

the number of copies need not be limited nor need they be numbered. 

43. Confirmation copies of cryptographed messages prohibited.-The seniling by any means whatsoever of confirmation copies of messages transmitted in 

code or cipher is strictly prohibited. 

44. Disposition or destruction of registered cryptographic material.-a. 

Whenever a person who h_as been issued registered secret or confidential code@, 

ciphers, cipher devices, or documents pertaining thereto, has no further need 

for them, he will report that fact to the Chief Signal Officer, or in the case 

of the field forces to the signal officer, GHQ. 

b. When it has become highly probable that cryptographic material will 

be subject to loss or compromise, all documents and translations of messages 

will be destroyed by burning, and the cipher machines or devices will be 

destroyed beyond use or repair. 

o. When cryptographic documents or devices have become unserviceable 

through long use, request for their re:placement will be made to the issuing 

authority, 

SECTION V 

MATERIEL 

Paragraph 

Authority to classifY---------------------------------------------------------- 45 

Notification of clasRification or reclassification___________________________________ 46 

Responsibility for safeguarding technical information---------------------------- 47 

ClaRsificatlon of information from commercial firms_____________________________ 48 

Dissemination of claiilsified technical information_________________________________ 49 

Invitations for bids and contracts .• ------------------------------------------- 50 

Consultations with responsible manufacturers____________________________________ 51 

Responsibility of Army representatives or inspectors_____________________________ 5Z 

Responsibility of Government contractors.-------------------------------------- 53 

Tests of classified matfrieL---------------------------------------------------- 54 

Public display of classified mat~rieL-------------------------------------------- 55 

Relea8C of information or sale of maMrieL----------··--------------------------- 56 

45. Authority to classify.-Whenever the chief of an arm or service responsible for a research project or for the design, development, test, or production 

or procurement of an article of materiel, or a component thereof, shall determine that the maintenance of any degree of secrecy regarding them is suffi17 
AR 380-5 

45-50 

REF ID:A39899 

SAFEGUARDING MILITARY INFORMATION 

ciently important to the national defense, he will classify it as secret, con:fidential, or restricted. 

46. Notification of classification or recla.ssification.-Whenever the chief of 

an arm or service in charge of a research project, design, development, test, 

or production of a unit of materiel or component thereof shall determine that 

the materiel should remain classified after issue or that a change or cancelation of classification is desired, he will notify The Adjutant General, who in 

turn will inform all concerned. 

47. Responsibility for safeguarding technical information.-a. Chiefs of 

arms and services engaged in the preparation of plans, research, and development work, or new design, test, production, procurement, storage, or use of 

classified materiel are responsible for the promulgation of such additional instructions as may be required for the safeguarding of information in the 

offices, establishments, laboratories, ><hops, or army posts under their jurisdiction. 

b. All secret, confidential, or restricted models, exhibits, dies, machines, and 

other similar items which are to be loaned, leased, or given to a commercial 

organization will be properly marked to indicate classification when practicable. 

If such marking is impracticable, the commercial organization will be specifically 

notified in writing of the classification of such ltems and of the pertinent 

provisions of the Espionage Act. 

48. Classification of information from commercial :firms.-Information obtained from civilian manufacturers concerning proprietary processes will be 

classified as confidential unless otherwise authorized by the firm concerned. 

49. Dissemination of classified technical information.-Classified information concerning technical projects or developments may be imparted only to 

persons in the military and naval services of the United States, including c~vilian 

employees, who have a l,egitimate interest therein, and to American citizens of 

known loyalty and discretion who of necessity must be informed because of 

their cooperation in the work, project, or development. 

50. Invitations for bids and contracts.-Prior to furnishing a prospective 

bidder with drawings, specifications, or other pertinent information concerning projects of a secret, confidential, or restricted nature, an agreement 

reading substantially as follows will be signed by the individual or by a 

responsible officer of the firm or corporation: 

In consideration of the receipt of the referenced --------------------

(Secret, confidential, or restricted) 

----------------- drawings, speclflcations, and accompanying inclosures, 

and models or materiel, I agree on behalf of the undersigned individual, 

fl.rm, or corporation, its representatives, agents, and/or subbidders to 

the following : 

a. The undersigned will neither supply nor disclose any information 

regarding the drawings, speciflcations, and accompanying inclosures, or 

models or materiel referred to herein to any unauthorized person, or 

incorporate in other projects special features of design or construction 

peculiar to the article or articles specified herein. 

b. The undersigned will not permit any alien employed or to be employed by the bidder or contractor or by any of its subbidders or subcontractors to have access to the drawings, specifications, and accompanying inclosures, or models or materiel referred to herein, or to enengineering principles, composition, subassemblies, or assemblies which are 

18 

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SAFEGUARDING MILITARY INFORMATION 

AR 380-5 

50-52 

vital to the functioning or use of the article without the written consent 

beforehand of the Secretary of War. 

c. The undersigned will not make or permit to be made reproductions 

of the drawings, specifications, and accompanying papers, or of the 

models or materlel except as specifically authorized by the contracting 

officer or his agent. 

d. If no bid is submitted on the subject proposal, if a bid is made and 

not accepted, or, in case award is made, upon the completion of the contract, the undersigned will promptly return by hand, by registered mail, 

or by insured express, the referenced drawings, specifications, and 

accompanying papers or models or materiel, together with all copies 

thereof, to the office from which the originals were received. 

e. The undersigned and/or subbidder agrees to bring to ~ attention 

of all persons engaged in the preparation of the bid the following pertinent provisions of the Espionage Act (sec. 1, act June 15, 1917 (40 Stat. 

217); 50 U. S. C. 31). The successful bidder shall also bring to the 

attention of all persons engaged in the contract, including persons 

employed on subcontracts, these provisions of the Espionage Act. 

"* * • (d) whoever, lawfully or unlawfull;y having possession of, 

access to, control over, or being intrusted with any document, writing, 

code book, signal book, sketch, photograph, photographic negative, blue 

print, plan, map, model, instrument, appliance, or note relating to the 

national defense, willfully communicates or transmits or attempts to 

communicate or transmit the same to any person not entitled to receive 

it * • • or (e) whoever, being intrusted with or having lawful possession or control of any document, writing, code book, signal book, 

sketch, photograph, photographic negative, blue print, plan, map, model, 

note, or information, relating to the national defense, throUgh gross negligence permits the same to be removed from its proper place of custody 

or delivered to anyone in violation of his trust, or to be lost, stolen, 

abstracted, or destroyed, shall be punished by a fine of not more than 

$10,000 or by imprisonment £or not more than two years, or both." 

f. The undersigned further agrees that no information in connection 

with the contract will be given to any person not in the contractor's 

and/or subcontractor's employ except upon the written consent beforehand of the contracting officer or his agent. 

51. Consultations with responsible manufacturers.-The commanding officers of arsenals and depots and other officers engaged in work on Government 

contracts are authorized to cvnsult with all interested manufacturers or their 

representatives, inventors, and other persons concerning technical matters in 

which they have a legitimate interest. They will, however, inform all such 

persons of the classification of the projects, works, and developments. 

52. Responsibility of Army representatives or inspectors.-a. Army representatives or inspectors of the supply arms or services are the local representatives of the War Department and will take the necessary measures to insure 

the safeguarding of classified information or projects in the hands of the contractors or in process of manufacture in their planfs. 

b. Army representatives or inspectors will advise contractors as to their 

responsibilities and the practical measures to be taken to safeguard secret, confidential, and restricted matters and will act favorably, if practicable, on any 

19 
AR 380-5 

52-56 

REF ID:A39899 

SAFEGUARDING MILITARY INFORMATION 

suggestion or request of the company tending to preserve secrecy. If at any 

time conditions at any plant, or any action of a company or its employees, 

jeopardize the security of classified matter pertaining to the War Department 

or violate the provisions of the Espionage Act, the Army representative or 

inspector will request the contractor to take prompt remedial action. If adequate precautionary measures are not taken immediately, he will report 

promptly to the chief of the arm or service concerned and, if the situation 

requires, to the commanding general of the corps area in which the item is in 

process of manufacture. 

c. When Army and Navy inspectors are on duty at the same plant, the Army 

Inspector will coordinate all security measures with the Navy inspector in order 

to avoid contlicting demands upon contractors. 

53. Responsibility of Government contractors.-a. A private individual, 

firm, or corporation which enters into a contract to engage in technical work 

for the War Department becomes responsible in matters within his or its control for the safeguarding of all secret, confidential, or restricted matters that 

may be disclosed or that may be developed in connection therewith. A clause 

to this effect will be included in such a contract, but its omission will not 

release the contractor from his responsibility under the Espionage Act. 

l>. Contractors are responsible that all classified projects allotted to subcontractors 'Or agents are fully protected by a similar agreement. 

o. Whenever for any reason a contract agreement or subcontract has been 

made which does not include a security clause but later is found to involve 

secret, confidential, or restricted matter, the supply arm or service concerned 

will take the necessary steps• to insure that the project or work is properly 

classlfied and that the contractor, agent, or subcontractor is informed of the 

classification and of his responsibility in the matter. 

54. Tests of classi:fl.ed materiel.-Tests of classified materiel will be adequately safeguarded by all responsible officers. 

55. Public display of classified materiel.-a. Commanding officers are responsible that all classified parts, components, or features of materiel are properly safeguarded during maneuvers, drills, parades, ceremonies, assemblages, 

demonstrations, or exhibitions open to the general public. 

b. (1) Photographs of equipment while in process of development or those 

revealing processes of manufacture are prohibited unless authorized 

by the chief of supply arm or service concerned. After an article of 

equipment has been issued to combat units, release of photographs is 

permissible unless specifically prohibited by the instructions issued 

therewith . 

. (2) Requests for permission to take photographs of classified materiel, 

projects or processes of manufacture will be referred to the War Department through the proper chief of supply arm or service. If 

authority is granted, it will be with the understanding that the resulting photographs will be submitted to the War Department for 

review prior to release. 

56. Release of information or sale of materiel.--a .. Domestic sale, divulging 

information in connection with negotiations for foreign sale, foreign sale, and 

f~reign manufacture of items of Army and Navy materiel and equipment are not 

permitted unless the War and Navy Departments are agreed that military 

secrecy is not compromised thereby. 

20 
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REF ID:A39899 

SAFEGUARDING MILITARY INFOHMATION 

b. International traf{lo in arrns. 

AR 380-5 

56-58 

(1) The State Department administers international traffic in arms 

and military materiel coming within the scope of the .Regulations Governing the International Traffic in Arms, Ammunitions, 

and Implements of War and Other Munitions of War. 

(2) 'l'he State Department will not release for foreign sale any item 

coming within the scope of these regulations until the War and 

Navy Departments have stated that there is no objection to 

the release on grounds of secrecy affecting the national defense. 

SECTION VI 

VISITORS 

Paragraph 

Classification ____________ ------------_---------------·-------------____________ 57 

Authority for admission_______________________________________________________ 58 

Responsibility of commanding officer, Army representative, or inspector____________ 59 

Responsibility of Government contractors-------------------------------------- GO 

57. Classi:fication.-a. Foreign nationals.-For the purpose of these regulations foreign nationals include-

( 1) Representatives, officials, or employees of a foreign government having an official status. 

(2) All other foreign nationals and citizens of the United States re11resenting a foreign government, firm, or corporation. 

b. United Sta.tes citizens.-All citizens of the United States not included in 

a above. 

58. Authority for admission.--a. General.-Correspondence and communications relating to visits will be routed direct between the various offices concerned. 

b. Foreign nationals. 

(1) Foreign nationals (see par. 57a) will be admitted to Government 

or commercial manufacturing establishments and experimental 

laboratories engaged on classified work or projects only on 

written authority of the Assistant Chief of Staff, G-2, War Department General Staff. Their applications will be made through 

the appropriate diplomatic representative and will include the 

following information: 

(a) Name in full. 

( b) Official title or position. 

(c) Name of plant or plants to which admission is desired. 

( d) Date of visit or dates between which visits are desired. 

( e) Purpose of visit. 

(2) Prior to authorizing a visit to a War Department or commercial 

manufacturing establishment engaged in classified work or projects, the Assistant Chief of Staff, G-2, War Department General 

Staff, will secure the recommendations of the Navy Department 

and the chief of the supply arm or service concerned. 

c. United States citizens.-Subject to the approval of the commanding officer 

or the contractor, United States citizens, except those representing a foreign 

government, firm, or corporation, may be admitted to Wnr Department or com21 
REF ID:A39899 

AR 380-5 

58-60 SAFEGUARDING MILITARY INFORMATION 

:rnerclal manufacturing establishments engaged on classified work or projects 

under the following conditions : 

(1) Casual visitors may be admitted provided no secret, confidential, or 

restricted work or project is shown or discussed. 

(2) Representatives of other United States Government agencies, manufacturers, or their representatives, engineers, and inventors cooperating in War Department work and having a legitimate interest 

therein may be shown such works or projects as are considered 

necessary and desirable by the responsible chief of supply arm or 

service. Authority for admission will be in writing. 

(3) Accredited reporters, photographers, and other representatives of 

publicity agencies may be admitted to manufacturing establishments engaged on work for the War Department provided classified 

matters, projects, or processes of manufacture are not shown or 

discussed with them. News items, photographs, and motion pictures 

resulting from the visit must be submitted to the Assistant Chief 

of Staff, G-2, War Department General Staff, for release prior 

to publication. 

59. Responsibility of commanding officer, Army representative, or inspector.-a. The commanding officer of a military manufacturing establishment or 

the Army representative or inspector at a commercial manufacturing establishment is the local representative of the War Department in all matters regarding 

the admission of visitors. If, in his opinion, the situation at the time makes the 

admission of a visitor inadvisable, he is empowered to postpone the visit and request instructions from the office which authorized it. 

b. The commanding officer or Army representative will make a report to the 

Assistant Chief of Staff, G-2, War Department General Staft', through the 

appropriate chief of supply arm or service, giving the following information concerning foreigners who visit establishments engaged in classified projects: 

(1) Name, official position, and nationality. 

(2) Authority for the visit. 

(3) Matters in which the visitors showed the greatest interest. 

( 4) General nature of questions asked . 

. (5) Expressed object of the visit. 

(6) Inspector's estimate of the real object of the visit. 

(7) General estimate of ability, intelligence, and technical knowledge of 

the visitor and his proficiency in the English language. 

( 8) A brief list of what was shown and explained. 

60. Responsibility of Government contractors.-a. Contractors or subcontractors engaged in work for the War Department must place such restrictions 

on the movements of persons employed or entering their plants or offices as 

will give adequate security to secret, confidential, or restricted matters in their 

possession. In view of the wide dift'erences in organization, arrangement, and 

physical make-up of individual plants, no specific rules are practicable. Therefore, local conditions at the plant and the classification of the project will determine the security measures to be adopted. 

b. The following general procedure in regard to visitors at establishments or 

plants engaged in classified projects for the War Department is prescribed: 

(1) Visitors will be accompanied during their stay at the plant by the 

inspector or Army representative, a member of his office, or some 

responsible person who is specifically informed as to the necessary 

22 
REF ID:A39899 

SAFEGUARDING MILITARY INFORMATION 

AR 380-5 

60-61 

limitations or restrictions, the scope of the visit, and the information which may be furnished. 

(2) Unless specifically authorized by the authorities mentioned in paragraph 58, visitors will not be allowed in any shop, laboratory, 

drafting room, or section of a plant where secret, confidential, 

or restricted materiel is located or where classified work is in 

progress, nor will they be permitted to take photographs. 

c. (1) War Department contractors will submit to the contracting officer 

at the end of each month, and upon the completion of the work or 

project, a report of all visitors who have gained information 

<'Oncerning the classified work or projects. These reports will 

include the following information: 

(a) Name, official position, and nationality. 

( b) Address. 

(c) Authority for visit. 

(2) The contracting officer will submit the reports to the Assistant 

Chief of Staff, G-2, War Department General Staff, through the 

appropriate chief of supply arm or service. 

SECTION VII 

AIRSPACE RESERVATIONS, RESERVED AREAS, AND RESTRICTED 

AREAS 

Paragraph 

Alr8pacc reservations--------------------------------------------------------- 61 

Restricted areas-------------------------------------------------------------- 62 

61. Airspace reservations.-a . .Airspace re.~ervation.~ over military installations or 1·escrvations established by E;recutive order. 

(1) For reasons of national defense, flying over Aberdeen Proving 

Ground, portions of Fort Hoyle and Edgewood Arsenal Military 

Reservations, and portions of Bush River, Gunpowder !liver, 

and Chesapeake Bay-all in the State of Maryland-is prohibited 

or restricted by Executive Order No. 7985, October 8, 1938. 

(2) For reasons of public safety, civil aircraft is forbidden by Executive Order No. 7138, August 12, 1935, to operate over the fol· 

lowing reservations or areas except by special permission of the 

War Department or the Navy Department: 

Picatinny Arsenal, Dover, New .Jersey. 

Savanna Ordnance Depot, Savanna, Illinois. 

Nansemond Ordnance Depot, Portsmouth, Virginia. 

"Wingate Ordnance Depot, Gallup, New Mexico. 

Camp Stanley Ordnance Reservation, Leon Springs, Texas. 

Fort Hancock, Sandy Hook, New Jersey. 

Fort Saulsbury, about 4 miles east of l\lilford, Delaware. 

Fort Pickens, western portion of Santa Hosa lslancl, Pensacola 

Bay, Florida. 

Fort Barry, near Point Bonita Lighthouse, San Francisco Bay, 

California. 

Fort Canby, near Cape Disappointment Lighthouse, Washington. 

Fort Casey, near Admiralty Head Lighthouse, Washington. 

23 
AB 380-5 

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REF ID:A39899 

SAFEGUARDING MILITARY INFORMATION 

Naval .Ammunition Depot, Hingham, Massachusetts. 

Naval Ammunition Depot, Fort Lafayette, New York. 

Naval Ammunition Depot, Lake Denmark, New Jersey. 

Naval Ammunition Depot, St. Juliens Creek, Virginia. 

Naval Ammunition Depot, Hawthorne, Nevada. 

Naval Ammunition Depot, Mare Island, California. 

Naval .Ammunition Depot, Puget Sound, Washington. 

Naval Mine Bepot, Yorktown, Virginia. 

Naval Torpedo Station, Newport, Rhode Island. 

Naval Torpedo Station, Keyport, Washington. 

Naval Ordnance Plant, Baldwin, Long Island, New York. 

Naval Fuel Depot, San Diego, California. 

That part of the Aleutian Islands, Alaska, with their territorial 

waters, lying west of the 167th meridian, west longitude. 

(3) Executive Order No. 8251, September 12, 1939, declares the airspace 

above the Canal Zone, including the territorial waters within the 

three-mile marine boundary at each end of the Canal as a military 

airspace reservation, to be known as the "Canal Zone Military 

Reservation," and sets forth the regulations governing the operation of private aircraft therein. 

(4) By Executive Order No. 5281, February 17, 1930, the airspace over 

each of the following harbors, declared closed ports by Executive 

Order No. 1613, September 23, 1912, was reserved and set aside 

for governmental purposes as a prohibited area within which 

civil aircraft are not authorized to navigate except by special 

authority of the United States Navy Department: 

Tortugas, Florida. 

Great Harbor, Culebra. 

Guantanamo Naval Station, Cuba. 

Pearl Harbor, Hawaii. 

Guam. 

Subic Bay, Philippine Islands. 

Kiska, Aleutian Islands. 

11. 'l'errit0f'1/ of Hawaii.-Section 3, Air Commerce Regulations of the Territory of Hawaii, prohibits private and commercial aircraft from flying over 

or crossing any part of Diamond Head and the fortifications of Fort Kamehameha and Fort Weaver. 

c. Philippine Commonwealth.-Flying by any aircraft other than those of the 

United States and Philippine Governments within a distance of six miles from 

the perimeter of Corregidor Island, Fraile Island, Carabao Island, and Caballo 

Island, Manila Bay, and Suhic Bay, Island of Luzon, and within two miles of 

the perimeter of Cavite Peninsula, Manila Bay, is prohibited by Section 80, 

Air Commerce Regulations, the Government of the Philippine Islands, dated 

October 15, 1935. 

d. Responsibility of commanding officers.-The commanding officer of a military reservation, post, camp, station, or installation over which an airspace 

reservation has been established is responsible for the surveillance of the 

designated airspace and for prompt report to The Adjutant General, through 

military channels, of any illegal fiight therein. 

24 
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62--63 

62, Restricted areas.-a. Designation.-The commanding officer of a post, 

camp, station, or installation is responsible for the designation and proper 

safeguarding of restricted areas. If local conditions dictate, he will mark all 

ordinary entrances or approaches to such areas with a sign reading as follows: 

WARNING 

RESTRICTED AREA 

It ls unlawful to enter within this 

mission of -------------------· (Authority.) 

b. Procedure in case of vlolation. 

(Area, buildi:ng, etc.) 

without written per-

(1) The commanding officer of a military reservation, post, camp, 

station, or installation will cause any person not subject to 

military law who enters a restricted area or building to be 

detained, warned of his rights, and interrogated by proper authority. If it is a first offense and there is no evidence of 

deliberate intent, the offender may be warned against repetition 

and released upon the surrender of any unlawful photograph, 

sketch, picture, drawing, map, or graphic representation in bis 

possession. Otherwise the offender will be delivered without 

unnecessary delay to the nearest United States marshal with a 

written statement of the facts, the names and addresses of the 

witnesses, and such pertinent exhibits as may be available. 

(2) When an investigation reveals that a person not subject to military law has entered such a restricted area or building, custody 

of the individual not having been effected, the commanding officer will promptly forward in writing to the nearest United 

States district attorney a report of all the facts, including the 

names and addresses of the witnesses. 

(3) A report will be made through military channels to the corps area 

commander of each case brought to the attention of civil authority and will include a brief of all the facts and copies of all 

pertinent communications. 

SECTION VIII 

TROOP MOVEMENTS IN WAR 

Paragraph 

General------------------------------------------------------------··-------- 63 

Rail movements-------------------------------------------------------------- 64 

Embarkation _____________ ----- - _______________ ----- _________________ --·· _ __ __ 65 

:M:ovement of vefisels---------------------------------------------------------- 66 

Overseas----------------------··--------------------------------------------- 67 

63. General.-a.. The provisions of this section apply only in time of war. 

b. Officers and men will avoid talk or discussion of military matters while 

in any public place and will view with suspicion any person asking questions 

about military subjects or discussing such topics where there is even remote 

possibility that the information may reach the enemy. 

25 
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SAFEGUARDING MILITARY INFORMATION 

c. All persons connected with the military service who receive information 

of proposed inland or oversea movements of organizations, detachments, or 

individuals are forbidden to make public the details of such movements. 

d. (1) The names of organizations, ports of embarkation, or ships to be 

used in troop movements, or the date of departure, arrival, or 

embarkation will not be disclosed. 

(2) When it is necessary to advise relatives or other civilians of 

approaching departure, persons connected with the military 

service will not convey any information in regard to rail routing, 

probable time and date of departure from or arrival at any 

station, names of ships, ports of embarkation, or the destination 

of organizations. 

e. In time of war commanding officers are responsible that their commands 

are instructed in the provisions of this section of the regulations and in the 

dangers involved in leakage of information concerninic troop movements. 

64. Rail movements.-The marking of cars or baggage to indicate an oversea 

destination, the <late of departure, or the name of the ship is forbidden. Baggage 

for oversea shipment will be addressed to the commanding officer of the port 

or, where a port of embarkation or debarkation has been established, to the port 

storage officer. 

65. Embarkation.-a. Admission to piers. 

(1) All persons not on official business will be excluded from the piers 

at all times. 

(2) Only official photographers will be permitted to take cameras within 

the limits of the pier or overseas. 

(3) Arrangements will be made to have farewells completed before arrival at the piers. No members of families, relatives, or friends of 

those sailing will be allowed at the piers or thereabouts on the 

day of sailing. Should any such persons be found there, they 

will be ordered away summarily by the guard and report will be 

made of the officer or enlisted man with whom they were seen 

or with whom they attempted to communicate. 

b. Movement of troops.-At ports of embarkation troop movements will be 

made insofar as practicable without attracting undue attention. Troops will be 

held at ease, bands will not play, colors will be cased, and no noise of any kind 

will be permitted. 

66. Movements of vessels.-In harbors, vessels loaded with troops or SUJ>plies 

will be moved under cover of darkness, whenever possible. If vessels must be 

moved during daylight, the commanding officer of troops will hold his men below 

deck or within <Jeck superstructures to prevent attracting attention. Signals 

by flags or whistles should be limited to those necessary for safe navigation. 

67. Overseas.-After arrival overseas no information will be given concerning names or destinations of organizations, names of vessels, data concerning 

convoys, routes pursued, measures taken to avoid attack, dates of arrival, debarkation, or departure, or number of troops or kind of cargoes carried. 

26 
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SECTION IX 

AR 380-5 

68-69 

EXTRACTS FROM PERTINENT LAWS AND REGULATIONS 

. Paragraph 

Military reservations, unlawful entrY------------------------------------------- 68 

The Espionage .Act----------------------------------------------------------- 69 

The .Air Corps .Act----------------------------------------------------------·- 70 

Protection of diplomatic codes-------------------------------------------------- 71 

Wire or radio communication-------------------------------------------------- 72 

Laws and regulations governing international traffic in arms---------------------- 73 

Photographs, etc., of military and naval defenses-------------------------------- 74 

68. Military reservations, unlawful entry.-Whoever shall go upon any military reservation, army post, fort, or arsenal, for any purpose prohibited· by law 

or military regulation made in pursuance of law, or whoever shall reenter or be 

found within any such reservation, post, fort, or arsenal, after having been 

removed therefrom or ordered not to reenter by any officer or person in command 

or charge thereof, shall be fined not more than five hundred dollars, or imprisoned not more than six months or both. Sec. 45, act March 4, 1909 (35 

Stat.1097),'8 U.S. C. 97; M. L. 1929, sec. 816. 

69. The Espionage Act.-a. Unlawfully obtaining or permitting to be obtainea information affecting national defense.-That (a) whoever, for the purpose of obtaining information respecting the national defense with intent or 

reason to believe that the information to be obtained is to be used to the injury 

of the United States, or to the advantage of any foreign nation, goes upon, 

enters, flies over, or otherwise obtains information concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, coaling station, 

fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, 

mine, telegraph, telephone, wireless, or signal station, building, office, or other 

place connected with the national defense, owned or constructed, or in progress 

of construction by the United States or under the control of the United States, or 

of any of its officers or agents, or within the exclusive jurisdiction of the 

United States, or any place in whieh any vessel, aircraft, arms, munitions, or 

other materials or instruments for use in time of war are being made, prepared, 

repaired, or stored, under any contract or agreement with the United States, or 

with any person on behalf of the United Stat~ or otherwise on. behalf of 

the United States, or any prohibited place Within the meaning of section siX 

of this title; or (b) whoever for the purpose aforesaid, and with like intent or 

reason to believe, copies, takes, makes, or obtains, or attempts, or induces or 

aids another to copy, take, make, or obtain, any sketch, photograph, photographic 

negative, blue P.rint, plan, map, model, instrument, appliance, document, writing, 

or note of anything connected with the national defense; or (c) whoever, for 

the purpose aforesaid, receives or obtains or agrees or attempts or induces or 

aids another to receive or obtain from any person, or from any source what• 

ever, any document', writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, or note, 

of anything connected with the national defense, knowing or having reason to 

believe, at the time he. 'receives or obtains, or agrees or attempts or induces or 

aids another to receive or obtain it, that it has been or will be obtained, taken, 

made or disposed of by any person contrary to the provisions of this title; or 

(d) whoever, lawfully or unlawfully having possession of, aceess to, control 

over, or being intrusted with any document, writing, code book, signal book, 
•... REF ID : A3 9 8-99--

AB.380.-5 

·69 SAFEGUARDING MILITARY INFORMATION 

sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, or note relating to the national defense, willfully communicates 

or transmits or attempts to communicate or transmit the same to any person 

not entitled to receive it, or willfully retains the same and fails to deliver 

it on demand to _the officer or employee of the UJ1,lted States entitled to receive 

it ; or ( e) whoever, being intrusted with or having lawful possession or control 

of any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, note, or intor~tion, i:elating to 

the national defense, through gross negligence permits the same to be removed 

trom its proper place of custody or delivered to anyene in violation of his trust, 

9.r to be lost, stolen, abstracted, or des.trqyed, shall be punished by a fine of not 

"hi.ore tllan $10,000, or by imprisonment for not more than two years, or both. 

sec. 1, ruie 1, a:ct June 15, 19if C40 Btat. 1t17); so u. s. a, 31; M. L., 1929, 

sec. 21s1: · · 

'' b. Unlawfully disclo8i1ig information affecting national defense.-(a) Who-

'ever, with' intent or reason to believe that it is to be' used to the injury of 

the Uajted i!;fates or to the advantage of a foreign nation,· communicates, 

deiivers; or tranSill.its, or attempts to, or aids or induces anotll.er to, communicate, deliver, or transmit, to any foreign ~ovenunent, or to, any faction 

or party or military or naval force within a foreign country, whether recognized 

or' unrecognized. by the United States, or to any representative, officer, agent, 

employee, subject, or citizen thereof, either_ directly or indirectly, any document, writing, code book, sigrial book, sketch, photograph, photographic negative, blue print, plan, map, model1 note; instrume:μt, appliance, or information 

relating to the national defense, shall be punished by ·imprl.sonment for not 

more than twenty years: Provided, That whoever shall violate the provisions 

of subsection (a) of tl;lis section in time of war shall be punished by death 

or by imprisonment for not more than thirty·years; and (b) whoever, in time 

of war, with intent that the same shall be coinniunicated to the enemy, shall 

collect, record, publish, or comniun~cate, or attempt to' elicit any information 

with respect to the movemerit,.'num~rs, d¢scription, conditi~n. or disposition of 

any of the arnied forces, ships, aircraft, or· war materials ot the United States, 

or with respect to the plans or conduct, or supposed plans or conduct of any 

naval or' riillitary operations, or with respect to any w01:k's or measures undertaKen for ·or connected with, or intended for the fortification or defeJ;J.Se of 

any place, or any other information relating to the public defense, which 

might be useful to the eneiny, shall be punished by death or by imprisonment 

for not more than thirty years. Bee. 2, Title I, act June 15, 1917 (40 Btat. 218) ; 

50 U. S. 0. 82; M. L., 1929, 8ec. 2182. 

c. Oonspiracy to violate preceding sections.-If two or more persons conspire 

to violate the provisions of sections two or three of this title, aud one or more of 

such persons does any act to e:tl'ect the object of the conspiracy, each of the 

parties to such conspiracy shall be punished as in said sections provided in the 

case of the doing of the act the accomplishment of which is the object of 

such conspiracy. Except as above. provided conspiracies to commit offenses 

under this title shall be punished as provided by section thirty-seven of the 

Act to codify, revise, and amend tbe penal laws of the United States approved 

March fourth, nineteen hundred and nine. Bee. 4, Title I, act June 15, 1917 

(40 Stat. 219) ; 5() U. s. 0, 34; M. L., 1929, sec. 2185. 

· d. Harboring or concealing violators of law.-Whoever harbors or conceals 

·~ny person who be knows, or has reasonable 'grounds to believe or suspect, bas 

28 

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SAFEGUARDING MILITARY INFORMATION 

AR 380-0 

69-71 

committed, or is about to commit, an offense under this title Shall be punished 

by a fine of not more than $10,000 or by imprisonment for not more than two 

years, or both. Sec. 5, Title I, act June 15, 1911 (40 Stat. 219); 50 U.S. 0. 35. 

e. DeBigna.tion of prohibited places by proclamation.-The President in time 

of war or in case of national emergency may by proclamation designate any 

place other than those set forth in subsection (a) of section one hereof in 

which anything for the use of the Army or Navy is being prepared or constructed or stored as a prohibited place for the purposes of this title: Provided, 

That he shall determine that information with respect thereto would be 

prejudicial to the national defense. Sec. 6, Title I, act June 15, 19.1"1 (40 Stat. 

219); 50 U.S. C. 36; M. L., 1929, sec. 2186. 

f. Places sitbject to provisions of this title.-The provisions of this title 

shall extend to all Territories, possessions, and places subject to the jurisdiction of the United States whether or not contiguous thereto, and offenses 

under this title when committed upon the high Beas or elsewhere within the 

admiralty and maritime jurisdiction of the United States and outside the territorial limits thereof shall be punishable hereunder. Sec. 8, 7'We I, act June 

15, 191'1 (40 Stat. 219) ; 50 U. S. C. 3'1. 

g. Jurisdiction. of courts-martial and military commissions.-Nothing contained in this title shall be deemed to limit the jurisdiction of the general 

courts-martal, military commissions, or naval courts-martial under sections 

thirteen hundred and forty-two, thirteen hundred and forty-three, and sixteen 

hundred and twenty-four of the Revised Statutes as amended. Sec. '1, '.I'itle I, 

act June 15, 191'1 (40 Stat. 219); 50 U.S. C. 38. 

h. Jurisdiction of courts of <Janal Zone and Philippine Islands of otren8e8 on 

high seas.-The several courts of first instance in the Philippine Islands and 

the district court of the Canal Zone shall have jurisdiction of offenses under 

this Act committed within their respective districts, and concurrent jurisdiction with the district courts of the United States of offenses under this Act 

committed upon the high seas, and of conspiracies to commit such offenses, 

as defined by section thirty-seven of the Act entitled "An Act to codify, revise, 

and amend the penal laws of the United States," approved March fourth, 

nineteen hundred and nine, and the provisions of said section, for the purpose 

of this Act, are hereby extended to the Philippine Islands, and to the Canal 

Zone. In such cases the district attorneys of the Philippine Islands and of 

the Canal Zone shall have the powers and perform the duties provided in this 

Act for United States attorneys. Sec. 2, Title XIII, act June 15, 191'1 (40 f:i'tat. 

231) ; 50 u. s. (). 39. 

70. The Air Corps Act.-* • * no aliens employed by a contractor for 

furnishing or constructing aircraft, or aircraft parts, or aeronautical accessories 

for the United States shall be permitted to have access to the plans or specifications or the work under construction or to participate in the contract trials 

without the written consent beforehand of the Secretary of the department 

concerned. Sec. 10 (j), act July 2, 1926 (44 Stat. '180); 10 U. S. 0. 310 (j); 

M. L. 1929, sec. 2041. 

71. Protection of diplomatic codes.-That whoever, by virtue of bis employment by the United States, shall obtain from another or shall have custody of 

or access to, or shall have had custody of or access to, any official diplomatic 

code or any matter prepared in any such code, or which purports to have been 

prepared In any such code, and shall willfully, without authorization or 

29 
.AR 380-5 

71-73 

REF ID:A39899 

SAFEGUARDING MILITARY INFORMATION 

competent authority, publish or furnish to another any such code or matter, 

or any matter which was obtained while in the process of transmission between 

any foreign government and its diplomatic mission in the United State!'!, shall 

be fined not more than $10,000 or imprisoned not more than ten years, or 

both. Act June 10, 1933 (48 Stat. 122); 22 U. S. 0. 135. 

72. Wire or radio communication.---a. Unauthorized publication or use of 

communications.-No person receiving or assisting in receiving, or transmitting, 

or assisting in transmitting, any interstate or foreign communication by wire 

or radio shall divulge or publish the existence, contents, substance, purport, 

effect, or meaning thereof, except through authorized channels of transmission 

or reception, to any person other than the addressee, his agent, or attorney, 

or to a person employed or authorized to forward such communication to its 

destination, or to proper accounting or distributing officers of the various 

communicating centers over which the communicDtion may be passed, or to 

the master of a ship under whom he is serving, or in response to a subpena 

issued by a court of competent jurisdiction, or on demand of other lawful 

authority; and no person not being authorized by the sender shall intercept 

any communication and divulge or publish the existence, contents, substance, 

purport, effect, or meaning of such intercepted communication to any person; 

and no person not being entitled thereto shall receive or assist in receiving any 

interstate or foreign communication by wire or radio and use the same or any 

information therein contained for his own benefit or for the benefit of another 

not entitled thereto; and no person having received such intercepted communication or having become acquainted with the contents, substance, purport, effect, or meaning of the same or any part thereof, knowing that such 

information was so obtained, shall divulge or publish the existence, contents, 

substance, purport, effect, or meaning of the same or any part thereof, or use 

the same or any information therein contained for his own benefit or for the 

benefit of another not entitled thereto : Provided, That this section shall not 

apply to the receiving, divulging, publishing, or utilizing the contents of any 

radio communication broadcast, or transmitted by amateurs or others for the 

use of the general public, or relating to ships in distress. Act June 19, 1934 

(48 Stat. 11os); 41 u. s. a. 605. 

b. General penalty.-Any person who willfully and knowingly does or causes 

or suffers to be done any act, matter, or thing, in this Act prohibited or 

declared to be unlawful, or who willfully and knowingly omits or fails to do 

any act, matter, or thing in this Act required to be done, or willfully and 

knowingly causes or suffers such omission or failure, shall, upon conviction 

thereof, be punished for such offense, for which no penalty (other than a forfeiture) is provided herein, by a fine of not more than $10,000 or by imprisonment for a term of not more than two years, or both. Act June 19, 1934 (48 

Stat. 1100); 47 U. S. a. 501. 

73. Laws and regulations governing international traffic in arms.-a. 

8pcciaZ provisions in regard to military Becrets.-Under tbe provisions of Part 

V of the Laws and Regulations Administered by the Department of State Governing International Traffic in Arms, Ammunition, and Implements of War and 

Other Munitions of War, 1938, the Secretary of State will not issue a license 

authorizing the exportation of any arms, ammunition, or implements of war 

considered by the Secretary of War or by the Secretary of the Navy as instruments or appliances included among the articles covered by those terms as used 

30 
REF ID:A39899 

SAFEGUARDING MILITARY INFORMATION 

AR 380-5 

73-74 

in this act, if in their opinion, they involve military secrets of interest to the 

national defense. The articles which may be so considered are those falling 

within one of the following categories: 

_(1) .Articles, the whole or any features of which have been or are being 

developed or manufactured by or for the War Department or the 

Navy Department or with the participation of either of those 

Departments ; and 

(2) .Articles, the whole or any features of which have been used or are 

being used by the War Department or the Navy Department or 

which either Department has contracted to procure. 

b. Included among articles developed by or for the War Department or the 

Navy Department are those which have been contracted for by either department, or which have been developed in accordance with Army or Navy specifications and submitted to either department for evaluation for procurement. 

c. Prospective exporters of arms, ammunition, and implements of war 

should, before applying for a license to authorize the exportation of any article 

falling within the above categories which may possibly involve military secrets 

of interest to the national defense, communicate with the Secretary of State 

in advance of the proposed shipment in order that he may be in a position to 

ascertain for the prospective exporter whether or not military secrets are, in 

fact, involved therein. 

74. Photographs, etc., of military and naval defenses.-That, whenever, in 

the interests of national defense, the President shall define certain vital military and naval installations or equipment as requiring protection against the 

general dissemination of information relative thereto, it shall be unlawful to 

make any photograph, sketch, picture, drawing, map, or graphical representation of such vital military and naval installations or equipment without first 

obtaining permission of the commanding officer of the military or naval post, 

camp, or station concerned, or higher authority, and promptly submitting the 

product obtained to such commanding officer or higher authority for censorship 

or such other action as he may deem necessary. Any person found guilty of a 

violation of this section shall upon conviction be punished by a fine of not more 

than $1,000 or by imprisonment for not more than one year, or by both such fine 

and imprisonment. 

SElC. 2.-.Any person who uses or permits or procures the use of an aircraft 

for the purpose of making a photograph, sketch, picture, drawing, map, or 

graphical representation of vital military or naval installations or equipment, 

in violation of the preceding section, shall be liable to the penalty therein 

provided. 

SEO. 3.-0n and after thirty days from the date upon which the President 

defines any vital military or naval installation or equipment as being within 

the category contemplated under the first section of this Act, it shall be unlawful for any person to reproduce, publish, sell, or give away any photograph, 

sketch, picture, drawing, map, or graphical representation of the vital military 

or naval installations or equipment so defined, without first obtaining permission of the commanding officer of the military or naval post, camp, or station 

concerned, or higher authority, unless such photograph, sketch, picture, drawing, map, or graphical representation has clearly indicated. thereon that it has 

been censored by the proper military or naval authority. Any person found 

31 
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AR 380-5 

74 SAFEGUARDING MILITARY INFORMATION 

guilty of a violation of this section shall upon conviction be punished as 

provided in the first section of this Act. 

• • • • • • • 

SEC. 5.-The provisions of this Act shall extend to all Territories, possessions, and places subject to the jurisdiction of the United States, whether 

contiguous thereto or not, and offenses under this Act when committed upon 

or over the high seas or elsewhere within the admiralty and maritime jurisdiction of the United States and outside the territorial limits thereof shall be 

punishable hereunder. 

Act January 12, 1938 (52 Stat. 3). 

[A.G. 312.11 (5-4--39).] 

BY O~EB OF THE SECBEI'ARY OF '\V AB: 

OFFICIAL: 

E. S. ADAMS, 

Major General, 

The Adjutant General. 

32 

U, S. GOVERN~ENT PRINTING OFFlCE: 1939 

MALIN CRAIG, 

Chief of StaU. 

For sale by the Superintendent of Documents. Washini;ton, D. C. - - - • • Price 10 cents