§ 403.4. Derivative classification.
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/us/cfr/t12/s§ 403.4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Use of derivative classification.
(1)Unlike original classification which is an initial determination, derivative classification is an incorporation, paraphrasing, restatement, or generation in new form of information that is already classified. Derivative classification is the responsibility of those who only reproduce, extract, or summarize classified information, or who only apply classification markings derived from source material or as directed by a classification guide. Original classification authority is not required for derivative classification.
(2)Persons who apply such derivative classification markings shall:
(i)Respect original classification decisions;
(ii)Verify the information's current level of classification so far as practicable before applying the markings; and
(iii)Carry forward to any newly created documents the assigned dates or events for declassification or review. The latest date for declassification should be entered in the case of multiple source documents.
(b)New Material.
(1)New material that derives its classification from information classified on or after the effective date of the Order, April 2, 1982, shall be marked with the declassification date or event, or the date for review, as assigned to the source information.
(2)New material that derives its classification under prior orders shall be treated as follows:
(i)If the source material bears a classification date or event 20 years or less from the date or origin, that date or event shall be carried forward on the new material.
(ii)If the source material bears no declassification date or event or is marked for declassification beyond 20 years, the new material shall be marked with a date for review for declassification at 20 years from the date of original classification of the source material.
(iii)If the source material is foreign government information bearing no date or event for declassification or is marked for declassification beyond 30 years, the new material shall be marked for review for declassification at 30 years from the date of original classification of the source materials.
(iv)A copy of the source document or documents should be maintained with the file copy of the new document or documents which have been derivatively classified.