EO 12356 PDF

EO 12356 PDF

This explanation of the development of E.O. originally appeared as an appendix to Annual Report to the President FY (Washington, D.C., ) by . The new National Security Information Executive Order issued by President Reagan on April 2, E.O. , includes a number of changes to Executive Order . Shortly after President Ronald Reagan issued E.O. on April 2, , general and of E.O. in particular with a view to reform

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Specific time limits are mentioned for different kinds of information, but there is also the provision that information that still needs to be classified can stay classified.

From Wikipedia, the free encyclopedia. Barack Obama on December 29, National Archives and Records Administration, Vol. In conclusion, nothing in the new order is intended to permit the classification of additional material beyond that which was subject to classification under E.

Classified National Security Information.

This new authority, however, may only be exercised by the President and agency heads and officials designated by the President as original classification authorities. Written by Gerald A. By using this site, you 12536 to the Terms of Use and Privacy Policy.

Wikisource has original text related to this article: Office of Information Policy. Ei May 28, Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. Related blog posts January 1, In other projects Wikisource. These latest regulations, at the time, went into full effect on June 25, except for sections 1.

Executive Order 13526

One factor was the large backlog of documents scheduled to be automatically declassified on December 31, and how to deal with that reality. It is also noteworthy that the term “confidential source” is now defined in the executive order, thus making clear that the identities of human sources who provide national security information e agencies outside the intelligence community should be protected through classification.


They also recognize, however, the nation’s critical need to protect certain sensitive information when disclosure would harm the security of all Americans. Of the systemic variables that do affect the number of classification decisions, the most relevant are the number of persons authorized to classify information and the quality of program oversight.

In addition to foreign government information and the identity of a confidential foreign source, unauthorized disclosure of intelligence sources and methods is also now presumed to cause damage to the national security. E, that would be impossible in the case of an erroneous disclosure to the general public. The second change to the requirements for classification is the addition of several subject e categories of information e. Third, 123566 classifying official must determine that unauthorized disclosure of the information could reasonably be expected to cause damage to the national security.

As a component of the Obama Administration’s initiative to improve transparency and open-access to the Federal Government and the information it produces formally introduced upon taking office in late January [2] and as a result of an agency-wide review and recommendation process ordered in May of that same year, [3] the issuance of EO was ultimately prompted by several factors.

Catalog Record: Marking : EO , national security | Hathi Trust Digital Library

Finally, all information to be classified must be owned by, produced by or for, or under the control of the United States Government. The new order allows classifiers to continue to establish specific dates or events for declassification where that is appropriate.

The new order also removes the limits on the duration of classification. Another change made by the new order is the addition of a requirement that, in cases of doubt as to classifiability or the proper level of classification, the information be considered classified or classified at the higher level pending a final determination within 30 days by an original classification authority. 122356 executive order was issued by President 112356 on April 17,and will take effect on October 14, National Archives and Records Administration, 5 January Executive Order also contains a number of less significant changes to the predecessor 12365.


As noted earlier, all of these changes are designed to better enable the Government to protect truly sensitive national security information–in court and otherwise–and to reduce unnecessary administrative burdens without permitting excessive classification.

The reason for this change is to eliminate uncertainty regarding the intent of the term “identifiable. Many executive branch agencies receive FOIA requests for information which may be classified according to ep guidelines established by current Executive In addition, the prohibition on classification of basic scientific research information not clearly related to the national security continues as under E.

No such application of the “identifiable damage” concept was intended, and yet each such assertion in court required a full explanation and response, thereby increasing the increasing the Government’s litigative burden. The new order retains existing prohibitions against using classification to conceal violations of law, inefficiency or administrative error, or to prevent embarrassment, or delay the release of’ information that does not require protection in the interest of national security.

FOIA Update: Guest Article: An Overview of Executive Order 12356

Mechanisms are outlined for periodic do of the need to classify information, even if the result of 12536 evaluation is to keep the information classified. It supersedes Executive Order No. First, the individual classifying the document must be authorized to do so. While these general requirements were present in the previous order, two changes have been made to improve the Government’s ability to protect sensitive information.

First, the threshold standard for classification of information as “confidential” has been modified from “identifiable damage” to “damage.