quired for the submission of bids or performance of contracts, without the necessity of executing a specific security agreement in each case. A receipt will be obtained when classified matter is submitted to those who have entered into such an agreement.

(b) Upon termination of contracts, commanding generals of major air commands may authorize Department of the Air Force contractors under their supervision to retain confidential and restricted matter when the retention thereof is determined to be in the interest of the Air Force, provided such retention is not prejudicial to National security and the material will be appropriately safeguarded.

[14 F. R. 1929, Apr. 21, 1949, as amended at 15 F. R. 4942, Aug. 2, 1950]

§ 805.9 Restrictions on release of information or sale of matériel—(a) General. Domestic sale, divulging information in connection with negotiations for foreign sale, and foreign manufacture of items of Air Force, Army, and Navy materiel and equipment are not permitted unless the Departments of the Air Force, Army, and Navy are agreed that military secrecy is not compromised thereby.

(b) International traffic in arms. (1) The State Department administers international traffic in arms and military materiel coming within the scope of the Regulations Governing the International Traffic in Arms, Ammunitions, and Implements of War and Other Munitions of War.

(2) The State Department will not release for foreign sale any item coming within the scope of the above-mentioned regulations until the Departments of the Air Force, Army, and Navy have stated that there is no objection to the release on grounds of secrecy affecting the National defense.

§ 805.10 Reproduction and photographs of classified matter-(a) Reproduction. Classified matter will be reproduced only when necessary to satisfy military or other official Governmental requirements.

or other official Governmental purposes. The resulting product will be appropriately classified,

§ 805.11 Loss or subjection to compromise. Any person, civilian or military, who may have knowledge of the loss or subjection to compromise of classified matter, or release or disclosure of classified information to any unauthorized person, will promptly report such fact to his immediate superior or commanding officer.

§ 805.12 Classification of proprietary processes. Information obtained from civilian manufacturers or individuals concerning proprietary processes will be classified as confidential unless otherwise authorized by the firm or individual concerned.

§ 805.13 Legislation pertaining to the Department of the Air Force. Recommendations for legislation pertaining to the Department of the Air Force and the nature and content of reports of the Department of the Air Force on bills submitted to it by committees of the Congress will be classified until released by the Secretary of the Air Force. Prior to such release, no information concerning legislative recommendations or reports will be revealed to any individual or agency outside the Department of Defense except as authorized by the Secretary of the Air Force or as required by law.

[15 F. R. 4942, Aug. 2, 1950]

§ 805.14 Marking of classified matter. Documents containing classified military information furnished persons other than those of or in the employ of agencies of the National Military Establishment, will, in addition to being marked top secret, secret, confidential, or restricted, bear the following notation:

This document contains information affecting the national defense of the United States within the meaning of the Espionage Laws, Title 18 U. S. C., sections 793 and 794. Its transmission or the revelation of its contents in any manner to an unauthorized person is prohibited by law.

When classified items of matériel or material which does not lend itself to marking are furnished to such persons, they will be specifically notified in writing of the above notation.

[14 F. R. 2696, May 21, 1949]

§ 805.15 Cryptosystems. Messages may be encrypted in authorized cryptosystems for other departments of the

Government or for commercial firms engaged in producing war materials under Government contract, provided the text as supplied by the commercial firm or other Government Department, except the Departments of the Army and Navy, is paraphrased without being referred to the originator, prior to encryption and also after decryption, prior to delivery to an addressee outside the National Military Establishment, except as provided in instructions pertaining to the specific crytosystem used. Dissemination of copies of encrypted messages to agencies or individuals outside the National Military Establishment will be governed by the applicable provisions of this part pertaining to the release of classified matter.

§ 805.16 Admission of visitors—(a) General provisions—(1) Definition. A visitor is any person admitted to Air Force installations or commercial facilities under Air Force supervision or control, except those persons on duty at or employed thereat, those who are directly and officially concerned with the activities at such places, and authorized representatives of the Federal Departments or agencies having internal security investigative responsibilities by statute or by executive directive. For the purpose of §§ 805.1 to 805.22 visitors at commercial facilities (contractors) under Air Force supervision or control are divided into the following categories:

(i) Employees of Department of Defense contractors.

(ii) Military personnel and civilian employees of the Department of Defense not directly and officially concerned in the performance of the contract.

(iii) Other United States citizens and aliens not included in subdivisions (i) and (ii) of this subparagraph but including only those aliens who are in the United States for permanent residence under immigration visas.

(iv) Foreign nationals, as defined in § 805.2 (c), exclusive of aliens who are in the United States for permanent residence under immigration visas.

(2) Access to classified matter. A person will be considered to have access to classified matter when that person is permitted to gain knowledge of the matter, or to be in a place where he may be expected to gain such knowledge. A person does not have access to classified matter merely by being in a place where the matter is kept, provided that the

security measures which are in effect prevent him from gaining knowledge of such classified matter.

Corre

(3) Direct communication. spondence and communications relating to visits will be routed between the offices concerned, subject to procedures prescribed below.

Au

(4) Limitation on documents. thorization to visit does not constitute authority for release of documents to visitors.

(5) Requests for admission. All requests from persons acting as private individuals will be referred to the commanding officer of the installation or to the facility to be visited for approval or disapproval. All requests for permission to visit Air Force installations or commercial facilities requiring written approval as indicated in §§ 805.1 to 805.22 will be in writing, will be made sufficiently in advance of the visit to permit appropriate action and clearance when required, will be forwarded to the office or headquarters having the authority to approve the visit, and will include the following information, as applicable:

(i) Name in full, grade, title, position. (ii) Nationality of visitor (aliens will furnish alien registration number), date and place of birth.

(iii) Current residence or military assignment.

(iv) Employer or sponsor.

(v) Name and location of facility to be visited.

(vi) Date, time, and duration of visit. (vii) Purpose of visit, in detail.

(viii) Security clearance status of visitor and name of clearing agency (if any previously granted).

(6) Concurrences and notices. The authority which approves a request to visit a commercial facility or another Air Force installation, whenever practicable, will refer the request to the commercial facility or to the commanding officer of the installation to be visted for concurrence or recommendation prior to finally approving the visit. In all cases, the authority which approves such a visit will promptly notify the facility or commander concerned and will specify any limitations or restrictions to be placed upon the visitor.

(7) Written authority for admission. Written authority for admission of visitors to Air Force installations and com

mercial facilities for access to classified information is mandatory.

(b) To Department of the Air Force installations—(1) United States citizens. United States citizens, except those employed by or representing a foreign government, individual, firm, or corporation, may be permitted to visit Department of the Air Force installations under the following conditions:

(1) Casual visitors, accredited reporters, photographers, and other representatives of publicity agencies may be admitted on the authority of the commanding officer concerned: Provided, That classified matter is not shown or discussed with them.

(ii) Representatives of other United States Government agencies, manufacturers and their representatives, engineers, inventors, and other persons officially cooperating in Department of the Air Force work and having a legitimate Government interest therein, may be shown such classified work or projects as are considered necessary and desirable on authority of the commanding general, major air command having control or jurisdiction over the work or project involved: Provided, That they have been cleared for access to the classified information. (See 805.7.)

(2) Alien employees of contractors. Aliens employed by contractors of the Department of Air Force, the Army, or the Navy may visit Air Force installations under the same conditions prescribed in subparagraph (1) of this paragraph for United States citizens: Provided, That:

(i) Authorization of the responsible commander, major air command, for visits involving access to classified matter or information is limited to employees who have been granted Secretary consent for employment on classified (These visitors will not be permitted access to information classified higher than that indicated in the letter granting consent for employment on classified work.)

work.

treatment, and in connection with emergency landings, by authority of the commanding officer: Provided, That no classified matter is shown or discussed. (See § 805.7 (c) regarding requests for the disclosure of classified information to foreign nationals or for access by them to military activities not open to the general public.)

(c) To Air Force contractor facilities— (1) General. (i) Visitors of all categories referred to in paragraph (a) of this section may visit Air Force facilities on the authority of the contractor concerned: Provided, That classified matter is not shown or discussed with them.

(ii) Approval by the Department of the Air Force of any request to visit a facility is subject to the convenience and the discretion of the facility to be visited.

(2) Visits involving access to classified matter-(i) Foreign nationals. Foreign nationals referred to in paragraph (a) (1) (iv) of this section may be permitted access to classified information only upon approval of the Chief of Staff, United States Air Force. (See § 805.7 (c).)

(ii) Employees of contractors. A contractor of the Departments of the Air Force, the Army, or the Navy or a representative of such contractor may be admitted as a visitor to a Department of the Air Force facility for access to classified information on the authority of the commanding general, major air command, or higher authority having control or jurisdiction over the facility to be visited: Provided, That the visit is necessary for the performance of the contract at the facility of the visitor or the facility to be visited: And provided, That the visitor satisfies all established security clearance requirements and limitations. Requests received direct from contractors of the Army or the Navy will be referred to the appropriate authority of the Department of the Army or the Navy responsible for exercising control over such contractor for approval by the Department concerned. Alien employees will not be permitted access to information classified higher than that indicated in the letter granting consent for employment on classified work. If requests are disapproved by Air Force authority, notification will be made promptly to the authority of the Army or the Navy exercising control over the contractor making the request.

(iii) Department of Defense personnel. Military personnel and civilian employ

Page 17

ees of the Department of Defense who are defined as visitors in paragraph (a) (1) of this section may be admitted to Air Force facilities for access to classified matter on authority of the commanding general, major air command having jurisdiction or control over the information involved, or higher authority: Provided, That the official military or other Government duties of the visitors require that they have access to such information.

(iv) Other United States citizens and other aliens. Only those representatives of other United States Government agencies, manufacturers and their representatives, engineers, inventors, and other persons who are cooperating in Department of the Air Force work and have a legitimate Government interest therein, may be admitted to Air Force facilities for access to classified works, projects or information, whenever necessary for official purposes: Provided, That they have been cleared for access to the classified matter involved. Admission will be on authority of the commanding general, major air command having jurisdiction or control over the classified information, or the Chief of Staff, United States Air Force.

[16 F. R. 2024, Mar. 3, 1951]

8805.17 Visits to facilities of the Army, Navy, or Atomic Energy Commission (a) Facilities of the Army or Navy-(1) Approval for visits. Prior approval of the Department of the Army or the Navy will be obtained for personnel of the Department of the Air Force or personnel of commercial facilities of the Air Force to visit Army and Navy facilities for access to classified information. The major air commander or higher authority exercising control over an Air Force activity or commercial facility which desires that a representative visit any facility for access to classified information under the control of the Army or the Navy is responsible for approving or disapproving requests for such visits so far as the Air Force is concerned, or for designating an appropriate representative to approve or disapprove such requests. Whenever the visit is determined to be necessary, and the visitor satisfies security requirements, as applicable, the major air commander or higher authority concerned (or duly designated representative) may approve the request and send it direct to the appropriate authority of the other Department

which exercises control over security of the classified matter involved. If the request is not approved, the requester will be notified promptly and informed of the reasons therefor.

(2) Visit requests. All requests referred to in subparagraph (1) of this paragraph, will be made in writing sufficiently in advance of the visit to permit appropriate action by approving authorities and clearance of the visitor when required. Such requests will include the information prescribed in § 805.16 (a) (5) for requests to visit Air Force installations or facilities.

(b) Atomic Energy Commission installations or facilities. Except when proposed visits will be in accordance with special arrangements made with field activities of the Atomic Energy Commission which are authorized to approve visits, requests for authority to visit installations or contractors' facilities of the Atomic Energy Commission will be submitted through command channels to the Assistant for Atomic Energy, Headquarters United States Air Force, Washington 25, D. C. Requests for visits will include the following:

(1) Purpose and scope of the visit. (2) Person(s) and place(s) to be visited.

(3) Date of visit.

(4) Statement of type of clearance granted and date thereof.

(5) Statement that visit is necessary to the best interests of the common defense and security of the United States.

[16 F. R. 9805, Sept. 27, 1951]

§ 805.18 Control of visitors-(a) Responsibility. The commanding officer of an Air Force installation or the Air Force representative at a commercial facility is the local representative of the Department of the Air Force in matters regarding the admission of visitors. If, in his opinion, the situation at the time makes the admission of a visitor inadvisable, he is empowered to postpone the visit and promptly request instructions from the office which authorized the visit.

(b) Restrictions on movements of visitors. The commanding officer of an Air Force installation, the Air Force representative at a commercial facility, and Department of the Air Force contractors must place such necessary restrictions on the movement of visitors entering their installations or facilities as will in

sure adequate security of top secret, secret, confidential, and restricted matter in their possession, custody, or control.

In view of the wide differences in organization, area, arrangement, and physical make-up of individual installations and facilities, no specific rules are practicable. Therefore, local conditions and the classification of the material will determine the security measures to be adopted. The following general procedures in regard to visitors are prescribed:

(1) Visitors to facilities engaged in classified work or projects for the Department of the Air Force will be accompanied during their stay by the Air Force representative, a member of his office, or other responsible person, who is specifically informed as to the necessary limitations or restrictions, the scope of the visit, and the information which may be furnished.

(2) Visitors to Air Force installations who have been specifically authorized access to classified matter will be accompanied by the commanding officer or his designated representative, who will be informed as to the necessary limitations or restrictions placed upon the visitor.

(3) Unless specifically authorized by the authorities mentioned in § 805.17, visitors will not be allowed in any shop, laboratory, drafting room, section, or area where classified work is in progress, nor will they be permitted to take photographs therein.

§ 805.19 Individual responsibility in troop movements. (a) All persons connected with the military service who receive information concerning movements of personnel or supplies are forbidden to make public or to inform unauthorized persons of any classified element of such information.

(b) When it is necessary to advise relatives or other persons of approaching departure, individuals connected with the military service will not disclose any classified information.

(c) Arrival in a theater of operations does not diminish the necessity for safeguarding classified elements of information concerning the movement. After such arrival, no information will be given to unauthorized persons concerning names, destinations or organizations, names of vessels, data concerning convoys, routes pursued, measures taken to avoid attack, date of arrival, debarkation or departure, number of troops, or kinds of cargoes carried.

§ 805.20 Embarkation. (a) All persons not on official business will be excluded from the piers at all times.

(b) Members of families, relatives, or friends of personnel under oversea movement or travel orders will not be allowed in the vicinity of the piers on the day of sailing.

§ 805.21 Movements by air. Generally, the same requirements for water movements apply to movements by air of units or subdivisions thereof to a theater of operations.

§ 805.22 Restricted areas. The commanding officer of a military installation, reservation, post, camp, or station will cause any person not subject to military law who enters a restricted area or building to be detained, warned of his rights, and interrogated by proper authority. If it is a first offense and there is no evidence of deliberate intent, the offender may be warned against repetition and released upon the surrender of any unlawful photograph, sketch, picture, drawing, map, or graphic representation in his possession. Otherwise, the offender will be delivered without unnecessary delay to the nearest United States marshal.

INVESTIGATION AND CLEARANCE OF PRIVATE CONTRACTOR FACILITIES

SOURCE: §§ 805.31 to 805.40 appear at 17 F. R. 8475, Sept. 23, 1952, except as otherwise noted.

§ 805.31 Policy. To assure the protection of classified security information, procurement activities and other interested activities of the Air Force that are authorized to release classified security information will insure that a prospective bidder or contractor has been granted a facility security clearance by one of the military departments prior to disclosing classified security information to such prospective bidder or contractor in connection with precontract negotiations or the performance of a contract.

§ 805.32 Facility clearances. (a) Facility security clearances are required for prospective bidders or contractors whenever access to security information classified higher than Restricted is involved, and whenever any officer, director, or owner of a facility is an alien and access to Restricted security information is involved. In addition, alien employees of a facility will not be permitted access to Restricted security information until they have been investigated and cleared