Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 32 - National Defense |
Subtitle A - Department of Defense |
Chapter I - Office of the Secretary of Defense |
SubChapter E - Regulations Pertaining to Military Justice |
Part 159a - INFORMATION SECURITY PROGRAM REGULATION |
Subpart E - Marking |
§ 159a.35 - Additional warning notices.
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(a)
General Provisions. (1) In addition to the marking requirements prescribed in § 159a.31(d), the warning notices prescribed in this section shall be displayed prominently on classified documents or materials, when applicable. In the case of documents, these warning notices shall be marked conspicuously on the outside of the front cover, or on the first page if there is no front cover. Transmittal documents, including those that are unclassified (§ 159a.35(g)), also shall bear these additional warning notices, when applicable. In addition, abbreviated forms of the notices set forth in § 159a.35(a), (b), and (c) shall be included in portion markings, as applicable. Further, the warning notice in paragraph (d) of this section, in its short form, shall be included at least once on interior pages, as applicable.(2) When display of warning notices on other materials is not possible, their applicability to the information shall be included in the written notification of the assigned classification.
(b)
Restricted Data. Classified documents or material containing Restricted Data as defined in the Atomic Energy Act of 1954, as amended shall be marked as follows:(c)
Formerly Restricted Data. Classified documents or material containing Formerly Restricted Data, as defined in section 142.d, Atomic Energy Act of 1954, as amended, but no Restricted Data, shall be marked as follows:(d)
Intelligence Sources or Methods Information. (1) Documents that contain information relating to intelligence sources or methods shall include the following marking unless otherwise proscribed by DoD Instruction 5230.22:(2) Existing stamps or preprinted labels containing the caveat “Warning Notice—Intelligence Sources and Methods Involved” may be used on documents created on or after the effective date of this part until replacement is required. Any replacement or additional stamps or labels purchased after the effective date of this part shall conform to the wording of paragraph (d)(1) of this section.
(e)
COMSEC Material. Before release to contractors, COMSEC documents will indicate on the title page, or first page if no title page exists, the following notation:This notation shall be placed on COMSEC documents or material when originated and when release to contractors can be anticipated. Other COMSEC documents or material shall be marked in accordance with National COMSEC Instruction (NACSI) 4003. Foreign dissemination of COMSEC information is governed by NCSC Policy Directive 6. (f)
Dissemination and Reproduction Notice. Classified information that the DoD originator has determined to be subject to special dissemination or reproduction limitations as outlined in § 159a.54(1) shall include, as applicable, a statement or statements on its cover sheet, first page, or in the text, substantially as follows:(g)
Other Notations. Other notations of restrictions on reproduction, dissemination or extraction of classified information may be used as authorized by DoD Directive C-5200.5, DoD Instruction 5230.22, DoD Directive 5210.21 4 , DoD Directive 5100.55 1 5 , DoD Directive 5200.30, Joint Army-Navy-Air Force Publication 119, DoD Directive 5230.24, and NACSI 4003.