Approved For Release 2000/08/11
: CIA-RDP96-00792R000500660005-6
(To be used in support of a FOIA (b)(1) exemption)
EXTRACT FROM EXECUTIVE ORDER 12356
Sec. 1.3. Classification Categories.
(a) Information shall be considered for classification if it concerns:
(1) military plans, weapons, or operations;
(2) the vulnerabilities or capabilities of systems, installations, projects, or plans relating
to the national security;
(3) foreign government information;
(4) intelligence
activities
(including
special
activities),
or
intelligence
sources
or
methods;
(5) foreign relations or foreign activities of the United States;
(6)
scientific, technological, or economic matters relating to the national security;
(7) United States Government programs for safeguarding nuclear materials or facilities;
(8) cryptology;
(9) a confidential source; or
(10) other categories of information that are related to the national security and that
require protection against unauthorized disclosure as determined by the President or by
agency heads or other officials who have been delegated original classification authority by
the President. Any determination made under this subsection shall be reported promptly to
the Director of the Information Security Oversight Office.
(b) Information that
is determined to concern one or more of the categories in Section
1.3(a) shall be classified when an original classification authority also determines that
its
unauthorized disclosure, either by itself or in the context of other information, reasonably
could be expected to cause damage to the national security.
(c) Unauthorized disclosure of foreign government information, the identity of a confiden-
tial foreign source, or intelligence sources or methods
is presumed to cause damage to the
national security.
(d) Information classified in accordance with Section 1.3 shall not be declassified automat-
ically as a result of any unofficial publication or inadvertent or unauthorized disclosure in
the United States or abroad of identical or similar information.
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EXPLANATION OF EXEMPTIONS
FREEDOM OF INFORMATION ACT:
(b)(1)
applies to material which is properly classified pursuant to an Executive Order in the
interest of national defense or foreign policy (see Exec Order 12356 on reverse);
(b)(2)
applies to information which pertains solely to the internal rules and practices of the
Agency;
(b)(3)
applies to information specifically exempted by a statute establishing particular cri-
teria for withholding. NOTE: CIA & NSA have such laws, DIA does not
(e.g., CIA
Act of 1949). DIA can use
(b)(3) when requested by these agencies on information
originated by them;
(b)(4)
applies to information such as trade secrets and commercial or financial information
obtained from a person on a privileged or confidential basis;
(b)(5)
applies to inter- and intra-agency memoranda which are advisory in nature;
(b)(6)
applies to information release of which would constitute an unwarranted invasion of
the personal privacy of other individuals; and
(b)(7)
applies to investigatory records, release of which could (C) constitute an unwarranted
invasion of the personal privacy of others, (D) disclose the identity of a confidential
source, (E) disclose investigative techniques and procedures, or (F) endanger the life
or physical safety of law enforcement personnel.
PRIVACY ACT: A request from an individual for notification as to the existence of, access
to, or amendment of records pertaining to that individual.
(b)
applies to information concerning other individuals which may not be released with-
out their written consent;
(k)(l)
applies to information and material properly classified pursuant to an Executive Or-
der in the interest of national defense or foreign policy;
00(3)
applies to records maintained in connection with providing protective services to the
President and other individuals under 18 U.S.C., Section 3506;
00(5)
applies to investigatory material compiled solely for the purpose of determining suit-
ability,
eligibility,
or qualifications for Federal
civilian employment, or access
to
classified information, release of which would disclose a confidential source;
00(6)
applies to testing or examination material used to determine individual qualifications
for appointment or promotion in Federal Government service the release of which
would compromise the testing or examination process; and
(k)(7)
applies to evaluation material used to determined potential for promotion in the Mili-
tary Services, but only to the extent that the disclosure of such material would reveal
the identity of a confidential source.
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