CHAPTER 11
FOREIGN GOVERNMENT INFORMATION

This chapter is for use of personnel certified by DOE to declassify DOE National Security Information (NSI) of permanent historical value originating prior to 1976 concerning DOE foreign government information. Documents containing Restricted Data (RD) and Formerly Restricted Data (FRD) are not addressed by this document and retain present classification.

BACKGROUND

This chapter provides the guidance for declassification of DOE National Security Information (NSI) contained in documents originated prior to 1976 pertaining to DOE foreign government information. These documents are exempted from automatic declassification provisions outlined in Executive Order (E.O.) 12958. The authority for exemption of DOE foreign government information from automatic declassification is sections 3.4(b)(6) and (9) of E.O. 12958 which read:

"(b) An agency head may exempt from automatic declassification . . . , specific information, the release of which is expected to: . . .

(6) reveal information that would seriously and demonstrably impair relations between the United States and a foreign government, or seriously and demonstrably undermine ongoing diplomatic activities of the United States; . . .

(9) violate a statute, treaty, or international agreement."

Foreign government information is either: (1) information provided by a foreign government(s), an international organization of governments, or any element thereof with the expectation, expressed or implied, that the information, the source of the information, or both, are to be held in confidence; or (2) information produced by the United States pursuant to or as a result of a joint arrangement with a foreign government(s) or an international organization of governments, or any element thereof, requiring that the information, the arrangement, or both, are to be held in confidence.

DOE National Security Information (NSI) is exempt from automatic declassification if the specific information concerns foreign government(s) or international organization(s) information which was provided to DOE with the understanding that such information must be kept in confidence. Such information includes, but is not limited to, information generated pursuant to agreements between the DOE (or Atomic Energy Commission or Energy Research and Development Administration) officials and foreign government representatives.

BROAD GUIDANCE

Classification plays an important role in the U.S. relations with foreign countries. It is particularly critical that foreign government information given to the U.S. in confidence be controlled until such time as all parties are in agreement to release of the information. Some examples of areas where DOE foreign government information might be present are in the negotiation processes with foreign countries involving formulation of U.S. positions and strategies, policy decisions, actual arms control negotiations, negotiating instructions to the U.S. delegation, treaty implementation, and compliance determination regarding nuclear weapons. If the DOE NSI document(s) revealed that the specific foreign government information was given in confidence, then the classification level should be retained if no other information is available that the parties have mutually agreed to release the document to the public.

Examples of some DOE foreign government information that will fall within the exempt areas are DOE NSI documents containing information relating to (1) the exchange or transfer of nuclear materials with foreign powers, (2) the specific details of negotiated mutual agreements regarding the safeguarding of nuclear weapons and nuclear materials, and (3) negotiations for storing nuclear weapons in foreign countries.

Any DOE NSI originated prior to 1976 containing information concerning DOE foreign government information not delineated in specific guidance listed below is unclassified. This does not include information classified by statute, such as the Atomic Energy Act (AEA) of 1954, as amended. Restricted Data (RD) and Formerly Restricted Data (FRD) shall be handled, protected, classified, downgraded, and declassified in conformity with the provisions of the AEA and regulations issued under that Act.

The Appendix of this guide discusses how to determine if a document being reviewed contains potential RD and FRD information. Reviewers who are not authorized by DOE to declassify such documents should not attempt final determinations. Refer to Appendix for additional instructions on how to deal with potential RD and FRD.

SPECIFIC GUIDANCE

CHAPTER 12
NAVAL NUCLEAR PROPULSION INFORMATION

This chapter is for use by personnel certified by DOE to review DOE National Security Information (NSI) of permanent historical value originating prior to 1976 concerning DOE Naval Nuclear Propulsion Information (NNPI). Documents containing Restricted Data (RD) and Formerly Restricted Data (FRD) are not addressed by this document and retain present classification.

BACKGROUND

This chapter provides the guidance for review of DOE National Security Information (NSI) contained in documents originated prior to 1976 pertaining to DOE Naval Nuclear Propulsion Information (NNPI). These documents are exempt from automatic declassification provisions outlined in Executive Order (E.O.) 12958. The authority for exemption of DOE NNPI from automatic declassification is contained in sections 3.4(b)(2), (4), (6) and (9) of E.O. 12958, which read:

"(b) An agency head may exempt from automatic declassification . . ., specific information, the release of which is expected to: . . .

(2) reveal information that would assist in the development or use of weapons of mass destruction; . . .

(4) reveal information that would impair the application of state of the art technology within a U.S. weapon system; . . .

(6) reveal information that would seriously and demonstrably impair relations between the United States and a foreign government, or seriously and demonstrably undermine ongoing diplomatic activities of the United States; . . .

(9) violate a statute, treaty, or international agreement."

NNPI is all information, classified or unclassified, concerning the design, arrangement, development, manufacture, testing, operation, administration, training, maintenance and repair of the propulsion plants of Naval nuclear-powered ships and prototypes, including the associated shipboard and shore-based nuclear support facilities.

Classified NNPI falls into one of two categories: Restricted Data (RD) or NSI as follows:

NNPI that is RD is information relating to the use of special nuclear material in the production of energy in the reactor plant of nuclear powered ships and prototypes Documents containing RD are exempt from automatic declassification under provisions of the Atomic Energy Act (AEA). (Refer to the Appendix.)

NNPI that is NSI pertains primarily to the remainder of a nuclear propulsion plant other than the reactor, as well as to militarily significant information regarding support facilities and information relating to the conduct of foreign affairs of the Federal government.

DOE NSI is exempt from automatic declassification if the specific information concerns DOE NNPI which will assist other nations in the application of nuclear propulsion to naval vessels or will provide unauthorized access to information related to the design, operational characteristics and capabilities of a naval nuclear propulsion plant.

BROAD GUIDANCE

The purpose of classifying NNPI is to prevent unauthorized access to naval nuclear propulsion information which could assist other nations in the application of nuclear propulsion to its vessels. Preventing the proliferation of nuclear propulsion technology to foreign interests is a key factor in determining what information must be protected. It is also the intent to prevent unauthorized access to significant information related to the tactical characteristics and capabilities of a naval ship or naval reactor design information which would be of value to other nations. Also, NNPI is classified to enable the U.S. Navy to operate in foreign waters without compromising sovereignty or fleet operational information. Nuclear powered warships are present in foreign waters and ports of over fifty nations and U.S. dependencies. The acceptance of these vessels into foreign ports is based on the assurance that the same safe procedures and practices followed in U.S. ports are followed elsewhere.

An overview of the classification guidance topics are provided below to help reviewers determine classified NNPI that is exempt from automatic declassification (XAD) NSI. For more specific topics and further detailed classification guidance, reviewers shall refer to CG-RN-1, Revision 2, DOE-DOD Classification Guide for the Naval Nuclear Propulsion Program. NNPI shall not be declassified or released without the authority of Office of Naval Reactors personnel. This does not include information classified by statute, such as the Atomic Energy Act (AEA) of 1954, as amended, export control statues and other government regulations. RD and FRD shall be handled, protected, classified, downgraded, and declassified in conformity with the provisions of the AEA and regulations issued under that Act.

The Appendix of this guide discusses how to determine if a document contains potential RD and FRD information. Reviewers who are not authorized by DOE to declassify such documents should not attempt final determinations. Refer to the Appendix for additional instructions on how to deal with potential RD and FRD.

SPECIFIC GUIDANCE

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