The long-standing third-agency rule has required prior originating agency approval before a receiving agency could further disseminate classified information. Under the Executive Order, unless the originating agency indicates on the material that prior approval is required and provided that the criteria for access under section 4.1(a) of the Order are met, a receiving agency may further disseminate classified information in documents created subsequent to the effective date of the Order to another agency or U.S. entity without consultation with the originating agency. “U.S. entity” includes cleared state, local, tribal, and private sector entities. Similarly, under certain circumstances, receiving agencies may pass such classified information to foreign governments.
authority: E.O. 13526 (75 FR 707, January 5, 2010); Information Security Oversight Office Directive
32 CFR part 2001 (75 FR 37254, June 28, 2010)
source: 79 FR 35936, June 25, 2014, unless otherwise noted.
cite as: 22 CFR 9.12