CARE AND USE OF OFFICIAL DATA

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP78-04724A000100100028-4
Release Decision: 
RIPPUB
Original Classification: 
C
Document Page Count: 
4
Document Creation Date: 
December 9, 2016
Document Release Date: 
October 19, 2000
Sequence Number: 
28
Case Number: 
Publication Date: 
April 28, 1954
Content Type: 
REGULATION
File: 
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PDF icon CIA-RDP78-04724A000100100028-4.pdf285.91 KB
Body: 
Approved' For~Release 2001/~I~,~pF~~78-0472001 SECURITY 28 April 1954 CARE AND USE OF OFFICIAL DATA Page GENERAL 1 POLICY 1 STATUTORY REQUIREMENTS 1 RESPONSIBILITY 4 1. GENERAL All informatior~~,,.elassified or.__~~la sifled,,LL xgceiyed or .,compiled by the Centr~,,l ,. ~..~ Intelligence Agenc is official data and is the property o~t'~ie~If:~. government, TTie" r?` e ri""~c iQ,~is., an , roh~bitions~rovic'~ed in this Regulation apply not only to all n elligence informa ion or `ma~~ter;~b,~ls4vt~~ry statistical; "~ mistrative, or ~~~~e~__n__e__r_~_a__l~~i~nformation re a_xdless of the fact that such. information a rea y a ! be as mater r~ ~,I~co rd This shall apply also to all ofl3cial data used or compiled y and obtained rom outside sources, public or private. Termination of em- ployment in the Agency will not affect employee responsibility under this Regulation. 2. POLICY a. Official data and information, classified or unclassif;ed, will be limited in use to the performance of CIA official business only, and .will not be copied or removed from the files of the Agency for release outside of CIA except by those officials authorized by the Director of Central Intelligence. b. The accumulation of copies of documents containing official data, classified or unclassified, for inclusion in a personal file, and the appropriation of such material for personal use or benefit is .prohibited. Unclassified employment documents, such as Notifications of Personnel Action, Certificates of Member- ship in the Retirement System, Time and Attendance .Reports and Pay Roll Change Slips, and similar personal official documents are excepted under the provisions of this Regulation. 3. STATUTORY REQUIREMENTS a. This paragraph contains extracts from statutes pertaining to espionage. They state the principles governing the care. and use of official data and prescribe penalties of imprisonment or death for their violation, Under the provisions of Public Law 99, 83d Congress (18 U,S.C. 798), the wartime penalties for espi- onage are in effect until six months after the termination of the present emergency, or until such earlier date as may be prescribed by Congress. These extracts were taken from the United States Code, as indicated below: (1) United States Code, Title 18, Crime and Criminal Procedure: "Section 793. Gathering, transmitting, or losing defense information "(a) Whoever, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information fs to be used to the injury of the United States, or to the advantage - of any foreign nation, goes upon, enters, flies over, or otherwise obtains information .concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling station, fort, battery, tor- .. pedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, re- 1 This document Is part of an integrated file. tf separated from the file it must be Approved For Release 2001/08R#~-04724Atib0~'i00a10a4 systematic r?vtew. 25X1A Approved For,~ease 2~1~~~~~i~LRDP78-04724/Mg0 REGUL N ~ SECURITY ': 28 April 1954 search laboratory or station or other place connected with the na- tional defense owned or constructed, or in progress of construction by the United States or under the cor}trol of the United States, or of any of its officers, departments, or age~ZCies, or within the exclusive juris- diction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materia ~ or instruments for use in time of war are being made, prepared, rewired, stored, or are the subject of research or development, under a y contract or agreement with the United States, or any department ~r agency thereof, or with any per- son on behalf of the United. Sta es, or otherwise on behalf of the United States, or any prohibited p ace so designated by the President by proclamation in time of war o in case of national emergency in which anything for the use of the Arrny, Navy, or Air Force is being prepared or constructed ar stored, nformation as to which prohibited place the President has determfn d would be prejudicial to the na- tional defense; or "(b) Whoever, for the purpose aforesai ,and with like intent or reason to believe, copies, takes, makes, or o tai:ns, or attempts to copy, take, make, or obtain, any sketch, photo raplh, photographic negative, blue- print, plan, map, model, instrument, appliance, document, writing, or note of anything connected with tl~e national defense; or "(c) Whoever, for the purpose aforesai ,receives or obtains or agrees or attempts to receive or obtain fro ar.~y person, or-from any source whatever, any document; writing code book, signal book, sketch, photograph; photographic negativ ,blueprint, plan, map, model, in- strument, appliance, or note, of an thing connected with the national defense, knowing or having reason to k-elieve, at the time he receives or obtains; or agrees or attempts o receive or obtain it, that it has been or will be obtained, taken, m~.de, or disposed of by any person contrary to the provisions of this ch~pte:r; or "(d) Whoever, lawfully having possessoo of, access to, control over, or being entrusted with any document, writi~ig, code book, signal book, sketch, photograph, photographic negativep blueprint, plan, map, model, in- strument, appliance, or note relatin to the national defense, or infor- mation relating to the national de ense which information the pos- sessor.has reason to believe could b used to the injury of the United States or to the advantage of any ~oreign nation, willfully communi- cates, delivers, transmits or causes o be communicated, delivered, or transmitted or attempts to comm ~ ica~te, deliver, transmit or cause to be communicated, delivered or tr nsrnitted the same to any person not entitled to receive it, or willfu ly retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or "(e) Whoever having unauthorized posse Sion of, access to, or control over any document, writing, code book, sigzzal book, sketch, photograph, photographic negative, blueprint, pl n, rnap, model, instrument, appli- ance, or note relating to the nation 1 defense, or information relating to the national defense which info ma~tion the possessor has reason to believe could be used to the inju y e~f the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communica~ted, delivered, or transmitted, or attempts to communicate, deliver, trransmit or cause to be communi- cated, delivered, or transmitted the ame to any person not ,entitled to receive it, or willfully retains the s~me and fails to deliver it to the officer or employee of the United St ~tes entitled to receive it; or "(f) Whoever, being entrusted with or h~ving lawful possession or control' of any document, writing, code book signal book, sketch, photograph, 2 Approved For Release~~~~~T ~-RDP78-04724A000100100028-4 Approved Fo~elease 2001/0~/~~~~~-04724~OA 0010 REGULATION SECURITY 28 April 1954 photographic negative, blueprint, plan, map, model, instrument, appli- ance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of his trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior ofricer shall be fined not more than $10,000 or imprisoned not more than ten years, or both. "(g) If two or more persons conspire to violate any of the foregoing provi- sions of this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such con- spiracy shall be subject to the punishment provided for the offense which is-the object of such conspiracy. June 25, 1948, c. 645, Section 1, 62 Stat. 736, amended Sept. 23, 1950, c. 1024, Section 18, 64 Stat. 1003." (2) United States Code, Title 18, Crime and Criminal Procedure: "Section 794. Gathering or delivering defense information to aid foreign government "(a) .Whoever, with intent or reason to believe that it is to be used to the in- jury of the United States or to the advantage of a foreign nation, com- municates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any foreign government, or to any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, or to any representative, ofi3cer, agent, employee, subject, or citizen thereof, either directly or indi- rectl~, any document, writing, code book, signal book, sketch, photo- graph, photographic negative, blueprint, plan, map, model, note, in- strument, appliance, or information relating to the national defense, shall be imprisoned not more than twenty years. "(b) Whoever violates subsection (a) in time of war shall be punished by death or by imprisonment for not more than thirty years. "(c) Whoever, in time of war, with intent that the same shall be communi- cated to the enemy, collects, records, publishes, or communicates, or attempts to elicit any information with respect to the movement, numbers, description, condition, or disposition of any of the armed forces, ships, aircraft, or war materials of the United States, or with respect to the plans or conduct, or supposed plans or conduct of any naval or military operations, or with respect to any works or measures undertaken for or connected with, or intended for the fortification or defense of any place, or any other information relating to the public defense, which .might be useful to the enemy, shall be punished by death or by imprisonment for not more than thirty years. "(d) If two or more persons conspire to violate this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be subject to the punish- ment provided for the offense which is the object of such conspiracy. June 25, 1948, c. 645, 2 Stat. 737." (3) United States Code, Title 18, Crimes and Criminal Procedure: "Section 798. Temporary extension of section 794 "The provisions of section 794 of this title, as amended and extended by section 1(a) (29) of the Emergency Powers Continuation Act (66 Stat. 333) , as further amended by Public Law 12, Eighty-third Congress, in addition to coming into full force and efFect in time of war shall remain in full force and effect until six months after the termination of the national 3 Approved For Release 2001/08/~~~~~~~'$a04724A000100100028-4 i I Approved For ~ase ++Q-RDP78-04724/?l~p4 ~g~1~~~1i1~~I. 25X1A REGULATI N I SECURITY 28 April 1954 i emergency proclaimed by the President ion December 16, 1950 (proc. 2912, 3 C.F.R., 1950 Supp., p 71), or such earlier date as may be prescribed by concurrent resolution of the Congress, and acts which would give rise to legal consequences and penalties under section 794 when performed during a state of war shall give rise to the same legal consequences and penalties when they are performed during the perioii above provided for. Added June 30, 1953, c. 175, section 4, 67 Stat. 13~." I 4. RESPONSIBILITY j a. The Assistant Director for Personnel is responsible for ensuring that all personnel processed through the Office of P rsonnel shall report to the Secu- rity Office for the purpose of reading ~,nd bjecorning familiar with the provi- 25X1A sions of this Regulation rior to entrance ion duty or separation from the Agency. Heads of ~ field installation area responsible for ensuring that all field personnel who are not processed th ou@;h headquarters and who are entering on duty or being separated read ar~d become familiar with the pro- visions of this Regulation. b. Any representative of CIA who is authorized; by competent authority to nego- tiate with individuals or organizations for s~rvices shall ensure that the pro- visions of this Regulation are incorporated i the Secrecy Agreement and/or contract. These provisions may be incorpor ted by reference where feasible. 25X1A (See Regulation secrecy Agreeme ts.) i I FOR THE DIRECTOR OF CENTRAL INTELLIC~ENC:E: L. K. W~IITE ~ Acting Deputy Director ~ (Administration) i DISTRIBUTION: AB 4 Approved For Releasg~~~~A-RDP78-04724A000100100028-4