Marking classified material

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1. Why classified material is marked

The National Industrial Security Program Operating Manual (NISPOM), 32 CFR part 117, treats markings as warnings. Physically marking classified information warns and informs holders of the degree of protection required (32 CFR 117.14(a)(1)). Other notations help with downgrading and declassification and aid derivative classification.

Contractors clearly mark all classified information and material to convey six things (32 CFR 117.14(a)(2)). They are the classification level, the portions that contain or reveal classified information, and how long protection is required. They also include the classifier’s identity by name and position or personal identifier, the sources for derivative classification, and any other notations required for protection.

2. Where the marking rules come from

Contractors follow 32 CFR 2001.22 through 2001.26 and the Information Security Oversight Office booklet on marking classified national security information (32 CFR 117.14(b)). They may instead follow cognizant security agency (CSA) guidance, and they follow any applicable security classification guide. Documents with Restricted Data, Formerly Restricted Data or Transclassified Foreign Nuclear Information have special requirements in a separate section. Controlled unclassified information is marked under 32 CFR 2002.20, the Controlled Unclassified Information (CUI) Marking Handbook and agency policy, as the contract requires (32 CFR 117.14(c)).

3. Working papers, translations and unclassified material

Working papers are marked, destroyed and retained under the safeguarding section (32 CFR 117.14(d)). Translations of U.S. classified information into another language carry the U.S. markings and the foreign language equivalent showing the United States as the country of origin (32 CFR 117.14(e)).

Wholly unclassified material is not marked UNCLASSIFIED unless that is essential to tell a recipient one of two things (32 CFR 117.14(f)). Either the government contracting activity (GCA) examined the material specifically and found it does not need classification, or the GCA reviewed and declassified it.

Miscellaneous material produced while handling, processing, producing, storing and using classified information is handled so the classified information stays protected (32 CFR 117.14(g)(1)). It is destroyed at the earliest practical time unless it must be kept, and it need not be marked, though disposition and retention rules apply (32 CFR 117.14(g)(2)). Training material that simulates classified documents is clearly marked to show its real status, for example “UNCLASSIFIED SAMPLE” (32 CFR 117.14(h)).

4. Re-marking after downgrading or declassification

When downgraded or declassified material is removed from storage for use or for transmittal outside the contractor location, it must be re-marked (32 CFR 117.14(i)(1)). Before downgrading or declassifying anything, the contractor seeks GCA guidance (32 CFR 117.14(i)(1)(i)). If the GCA approves, old markings are canceled and new ones substituted whenever practical. For documents, at least the front cover, title page, first page and back cover show the new markings or UNCLASSIFIED.

When the GCA notifies a change contrary to the markings shown, the contractor re-marks the material and notifies other holders if it disseminated it further (32 CFR 117.14(i)(1)(ii)). The material shows the authority for the action, its date, and the identity and position of the person taking it.

Where the volume makes prompt re-marking impractical, a downgrading and declassification notice may be attached inside the file drawers or other container (32 CFR 117.14(i)(2)). Material moved only to another container, or a container moved elsewhere, need not be re-marked if the notice goes with it (32 CFR 117.14(i)(3)). The notice gives the authority, the date and the container it applies to (32 CFR 117.14(i)(4)).

5. Upgrading and mismarked material

On GCA notice to upgrade, for example from CONFIDENTIAL to SECRET, the contractor immediately enters the new markings, strikes through the superseded ones and records the authority and date (32 CFR 117.14(j)(1)). Affected records, including those on networks and systems, are stored at the new level, with system changes coordinated with the GCA. All holders are notified (32 CFR 117.14(j)(2)). For material inadvertently released as UNCLASSIFIED, the notice itself is protected at least at CONFIDENTIAL (32 CFR 117.14(j)(3)).

If classified material goes out without proper markings, the contractor determines whether every holder is cleared and authorized (32 CFR 117.14(k)(1)). If so, and authorized channels were used, it promptly gives written notice of the proper classification, source and declassification instructions (32 CFR 117.14(k)(2)). It reports a compromise if any recipient was not authorized, any material cannot be accounted for, or unauthorized channels were used (32 CFR 117.14(k)(3)).

6. Foreign government information

Foreign government classified information keeps its original markings or receives a U.S. classification giving at least equivalent protection, with the U.S. equivalent and country of origin marked in English on the front and back (32 CFR 117.14(l)). Some governments have a fourth level, RESTRICTED, which security agreements often require to be protected as U.S. CONFIDENTIAL (32 CFR 117.14(m)(1)).

Some governments also provide unclassified information protected by their law “In Confidence” (32 CFR 117.14(m)(2)). 10 U.S.C. 130c protects such information when it meets special requirements, and also protects RESTRICTED information that an agreement does not require to be classified. Contractors disclose it only to personnel who need it for the contract. The foreign entity awarding the contract is responsible for including protection and marking requirements, and the contractor advises the CSA if it did not (32 CFR 117.14(m)(3)).

U.S. documents containing foreign government information are marked on the front to show the country of origin, with portions marked by country and level (32 CFR 117.14(n)(1)). They are not downgraded below the highest foreign level, or declassified, without the originating government’s written approval (32 CFR 117.14(n)(3)). Documents prepared for foreign governments that contain both U.S. classified information and foreign government information follow that government’s markings and also state that they contain U.S. classified information (32 CFR 117.14(o)). Marking for transfers of defense articles to Australia or the United Kingdom without a license follows the international section (32 CFR 117.14(p)). Commingling Restricted Data or Formerly Restricted Data with other national security information in one document should be avoided as far as possible (32 CFR 117.14(q)). Classification decisions are covered in classification guidance and challenges.

Key terms

Portion marking	Marking the parts of a document that contain classified information.
Working papers	Drafts and notes governed by the safeguarding section.
Declassification notice	A notice on a container used instead of re-marking each item.
RESTRICTED	A foreign fourth level often protected as CONFIDENTIAL.
In Confidence	Unclassified foreign information protected under 10 U.S.C. 130c.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Accurate markings protect information in transit. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.