§ 1301.65. Derivative classification.
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/us/cfr/t18/s§ 1301.65·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In accordance with Part 2 of Executive Order 13526 and directives of the Information Security Oversight Office, the incorporation, paraphrasing, restating or generation in new form of information that is already classified, and the marking of newly developed material consistent with the classification markings that apply to the source information, is derivative classification.
(1)Derivative classification includes the classification of information based on classification guidance.
(2)The duplication or reproduction of existing classified information is not derivative classification.
(b)Authorized individuals applying derivative classification markings shall:
(1)Observe and respect original classification decisions; and
(2)Carry forward to any newly created documents the pertinent classification markings.
(3)For information derivatively classified based on multiple sources, the authorized individuals shall carry forward:
(i)The date or event for declassification that corresponds to the longest period of classification among the sources; and
(ii)A listing of these sources on or attached to the official file or record copy.
(c)Documents classified derivatively shall bear all markings prescribed by 32 CFR 2001.20 through 2001.23 and shall otherwise conform to the requirements of 32 CFR 2001.20 through 2001.23.
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