§ 2.28 - Transmittal [4.1(b)].

(a) Preparation. Classified information to be transmitted outside of a Treasury facility shall be enclosed in opaque inner and outer covers. The inner cover shall be a sealed wrapper or envelope plainly marked with the assigned security classification and addresses of both sender and addressee. The outer cover shall be sealed and addressed with no identification of the classification of its contents. Whenever classified material is to be transmitted and the size of the material is not suitable for use of envelopes or similar wrappings, it shall be enclosed in two opaque sealed containers, such as boxes or heavy wrappings. Material used for packaging such bulk classified information shall be of sufficient strength and durability as to provide security protection while in transit, to prevent items from breaking out of the container, and to facilitate detection of any tampering therewith.

(b) Receipting. A receipt, Treasury Department Form 71-01.5 (Classified Document Record of Transmittal), shall be enclosed in the inner cover, except that Confidential and Limited Official Use information shall require a receipt only if the sender deems it necessary. The receipt shall identify the sender, addressee and describe the document, but shall contain no classified information. It shall be immediately signed by the recipient and returned to the sender. Within a Treasury facility, such information may be transmitted between offices by direct contact of the officials concerned in a single sealed opaque envelope with no security classification category being shown on the outside of the envelope. Classified information shall never be delivered to unoccupied offices or rooms. Senders of classified information should maintain appropriate records of outstanding receipts for which return of the original signed copy is still pending. TD F's 71-01.5 shall be maintained for a three year period after which they may be destroyed. No record of the actual destruction of the TD F 71-01.5 is required.

(c) Transmittal of Top Secret. The transmittal of Top Secret information outside of a Treasury facility shall be by specifically designated personnel, by State Department diplomatic pouch, by a messenger-courier system authorized for that purpose, e.g., Defense Courier Service, or over authorized secure communications circuits. Top Secret information may not be sent via registered mail.

(d) Transmittal of Secret. The transmittal of Secret information shall be effected in the following manner:

(1) The 50 States, District of Columbia and Puerto Rico. Secret information may be transmitted within and between the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico by one of the means authorized for Top Secret information, by the United States Postal Service registered mail or express mail service; or by protective services provided by United States air or surface commercial carriers under such conditions as may be prescribed by the Departmental Director of Security. United States Postal Service express mail service shall be used only when it is the most effective means to accomplish a mission within security, time, cost and accountability constraints. To ensure direct delivery to the addressee, the “Waiver of Signature and Indemnity” block on the United States Postal Service Express Mail Label 11-B may not be executed under any circumstances. All Secret express mail shipments are to be processed through mail distribution centers or delivered directly to a United States Postal Service facility or representative. The use of external (street side) express mail collection boxes is prohibited. Only the express mail services of the United States Postal Service are authorized.

(2) Other Areas. Secret information may be transmitted from, to, or within areas other than those specified in § 2.28(d)(1) by one of the means established for Top Secret information, or by United States registered mail through Military Postal Service facilities provided that the information does not at any time pass out of United States citizen control and does not pass through a foreign postal system. Transmittal outside such areas may also be accomplished under escort of appropriately cleared personnel aboard United States Government owned and United States Government contract vehicles or aircraft, ships of the United States Navy, civil service manned United States Naval ships, and ships of United States Registry. Operators of vehicles, captains or masters of vessels, and pilots of aircraft who are United States citizens, and who are appropriately cleared, may be designated as escorts. Secret information may not be sent via certified mail.

(e) Transmittal of Confidential and Limited Official Use Information. Confidential and Limited Official Use information shall be transmitted within and between the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and United States territories or possessions by one of the means established for higher classifications, or by the United States Postal Service registered mail. Outside these areas, confidential and Limited Official Use information shall be transmitted only as is authorized for higher classifications. Confidential and Limited Official Use information may not be sent via certified mail.

(f) Hand Carrying of Classified Information in Travel Status—(1) General Provisions. Personnel in travel status shall physically transport classified information across international boundaries only when absolutely essential. Whenever possible, and when time permits, the most desirable way to transmit classified information to the location being visited is by other authorized means identified in § 2.28 (c), (d) and (e). The physical transportation of classified information on non-United States flag aircraft should be avoided if possible. Treaury Directive 71-03, “Screening of Airline Passengers Carrying Classified Information or Material” provides specifics on the requirements for transporting classified information.

(2) Specific Safeguards. If it is determined that the transportation of classified information by an individual in travel status is in the best interest of the United States Government, the following specific safeguards shall be fulfilled:

(i) Classified information shall be in the physical possession of the individual and shall have adequate safeguards at all times if proper storage at a United States Government facility is not available. Under no circumstances shall classified information be stored in a hotel safe or room, locked in automobiles, private residences, train compartments, or any vehicular detachable storage compartments.

(ii) An inventory of all Top Secret classified information, including teletype messages, shall be made prior to departure and a copy of same shall be retained by the traveller's office until the traveller's return at which time all Top Secret classified information shall be accounted for. These same procedures are recommended for information classified Secret, Confidential or Limited Official Use.

(iii) Classified information shall never be displayed or used in any manner in public conveyances or rooms. First class or business travel is not authorized when the justification for commercially available transportation is based on the need for reviewing classified materials while enroute. Travelers are responsible for reviewing and familiarizing themselves with required classified materials, under appropriately secure circumstances, in advance of their travel and not during such travel.

(iv) In order to avoid unnecessary delays in the screening process prior to boarding commercial air carriers, the traveler shall have in his or her possession written authorization, on Treasury or bureau letterhead, to transport classified information and either an identification card or credential bearing both a photograph and descriptive data. Courier authorizations shall be signed by an appropriate security representative authorized to direct official travel. This courier authorization, along with official travel orders, shall, in most instances, permit the individual to exempt the classified information from inspection. If difficulty is encountered, the traveler should tactfully refuse to exhibit or disclose the classified information to inspection and should insist on the assistance of the local United States diplomatic representative at the port of entry or departure.

(v) Upon completion of the visit, the traveler shall have the information returned to his or her office by approved means. All Top Secret and Secret classified information, including teletype messages transported for the purpose of the visit shall be accounted for. It is highly recommended that Confidential and Limited Official Use information also be accounted for. If any Top Secret or Secret classified items are left with the office being visited for its retention and use, the individual shall obtain a receipt.