[Code of Federal Regulations]
[Title 32, Volume 1, Parts 1 to 190]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR159a.75]

[Page 855]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
PART 159a--INFORMATION SECURITY PROGRAM REGULATION--Table of Contents
 
                Subpart L--Foreign Government Information
 
Sec. 159a.75  Classification.


    (a) Classification. (1) Foreign government information classified by 
a foreign government or international organization of governments shall 
retain its original classification designation or be assigned a U.S. 
classification designation that will ensure a degree of protection 
equivalent to that required by the government or organization that 
furnished the information. Original classification authority is not 
required for this purpose.
    (2) Foreign government information that was not classified by a 
foreign entity but was provided with the expectation, expressed or 
implied, that the information, the source of the information, or both, 
are to be held in confidence must be classified by an original 
classification authority. The two-step procedure for classification 
prescribed in Sec. 159a.15(c) does not apply to the classification of 
such foreign government information because E.O. 12356 states a 
presumption of damage to the national security in the event of 
unauthorized disclosure of such information. Therefore, foreign 
government information shall be classified at least Confidential, but 
higher whenever the damage criteria of Sec. 159a.11 (b) or (c) are 
determined to be met.
    (b) Duration of Classification. (1) Foreign government information 
shall not be assigned a date or event for automatic declassification 
unless specified or agreed to by the foreign entity.
    (2) Foreign government information classified by the Department of 
Defense under this or previous regulations shall be protected for an 
indefinite period (see Sec. 159a.77(e)).