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Cia Security Guidlines for Reps

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SECURITY GUIDANCE .FOR REPRESENTATIVES,
As you may be represellting a client who is affiliated with she-Central Intelligence Agency, the Office of
SeC"rily, is providing Ihefol/owing guidance for your rev;"w, Thi. guidance answers typical questions thai,
yOIl may have about working with classified information. The guidance assumes that you have. been
approved to receive a Secret level approval in conjunction with your anticipated representation ofan
Agel,ey-affiliated client. Ifyou have any questions about the guidance, please telephone YOllr designated
Age.ncy securit» officer, named in the cover letter.

What does my Secret level approval mean, in general?
You have been granted 'a Secret level approval in anticipation that representing your
client may involve classified information. In fact, the mere association of your client with
the Agency may be classified. As a result, you may be authorized access to certain
information classified up to and including Secret, provided that an appropriate Agency
official has first determined you have a bona fide need-to-know for the information.
Your Secret level approval is for you alone and is limited to your representation of your
client in this particular case. It is not transferable to other cases involving your client, to
other cases involving other Agency-affiliated individuals, or to matters involving other US
Government organizations unconnected with your client. Uyon areretaiued to represent
other Agency-affiliated personnel other than your present client, you will need to
complete a separate Secrecy/Non-disclosure Agreement for each client. Unless you are
specifically authorized by the Agency, your Secret level approval does not allow you to
access Agency facilities, interview other Agency-affiliated personnel, discuss classified
information with anyone (including persons in your office) who lacks a security approval
and a bona fide need-to-know, and '!-ccess and/or store any classified documents or other
classified information in any form,
What ffI need to discuss this case or share information with others in my office?
You may discuss this case or share case-relevant information with others in your office,
provided that you do not divulge classified information, including, but not limited to,
your client's name and association with the Agency, if this association is classified. If
you believe that others in your office will need access to classified information, contact
your designated Agency security officer and request that those requiring access also be
approved. The Agency determines Who has a need-to-mow for classified information
and who will be submitted for a Secret level approval. You may not discuss or otherwise
share classified information with other people until the Agency advises you that they have
, received their approval and have completed all the steps y(JU are being asked to complete
!IS a security approved representative. If you have questions about whether you may
discuss orotherwise share classified information with someone, please contact your
designated Agency security officer,

1

Row rio 1 know when infurmatinu is classified?

be

Your client should Dot providing you with classifiedrnformation in any form unless
theappropriate security arrangements have been made by your designated Agency
security officer. U you are ill doubt as to the cla.ssification of information you have
received or wish to receive, your designated Agency security officer will assist you in
dctenniniIlg the information's classification status" If your client provides you with
informetion, such I!.S the first and last names (vice first names and last initials) of Agencyaffiliated individuals, intelligence sources or methods, site names or specific locations,
summaries or details ofAgency operations, detailed Agency organizational structures,
statistics, and/or technologies, the information is most likely classified. You should
handle and protect any rind all such information as classified until your designated
Agency security officerdetermines the classificationstatus of the information.
Wbat rules must 1 follow when working with informati ou that may be classified?
Themost importantrule is that you may only discuss or otherwise share classified
mformanonwith people who have an Agency-provided Secret level approval, at a
minimum, and an Agency-determined need-to-know for the information. You also may
not undertake discussions of classified informetion in the presence of unapproved persons
or security approved persons lacking need-to-know.
A second importantrule is that you may only review, create, store, and/or otherwise work
with or handle classified information in an Agency secure area. The Agency secure area
.will be an office-like environment where yDU may more freely discuss classified or other
sensitive details of the case with your client or other approved members of your office,
review classifiedinformation, create documents based'upon this information, and store
anydocuments or Dotes basedupon this information, The Agency will provide you with
paperEJ!:d.peps/p"-Il~ilSos:taod::a1one..infonna.tion processing equipment (e.g" a personal
computer), and storage facilities. Only Agency-provided equipment and facilities may be
used to create documents containing classified information, .As an, alternative, your
designated Agency security officer can arrange for classified documents to be redacted
into unclassifiedform for use at your offceo You, however, may neitber create classified
documents at your office,nor may you reconstruct classified documents from redacted,
unclassified documents stored at YOQI office.
.When working in the Agency secure area, you will be escorted by your client or a cleared
person unaffiliated with the case. Yourdesignated Agency security officer will have any
documents or notes you wish to remove from the secure area reviewed for classification
pU1]loses. Ifthe documents or notes are classified, they must be sanitized before removal
orremain in the secure area. Due to the difficulty with reviewing informationin forms
other than hardcopy, only unclassified hardcopy documcnts may be removed after
approval, Appropriate arrangements will be made to ensure that attorney-client privilege
ispreserved during the Agency 's revj~w ofdocumentsfor classification purposes.

A

,.

Forsecurity reasons, you, like everyone else working al or vi.liting in the Agency, arc
subject to inspection by all Agency security officer, Do not bring into Agency buildings
items capable of storing or otherwise recording classified information, such ,1$ personal
computers, tape recorders, or data storage media, and items capable of transmitting such
information, such as telephones, moderns, or facsimile equipment. If you need 10 USt
such media ill equipment, please contact your designated Agency security officer to
arrange f{lT Agency-provided media or equipmtnt for use only in the Agency secure area
and only in a secure manner. If you need to transfer unclassified information from your
(,fEte's informationprocessing cquipment'to the Agency-provided information
processing equipment, please contact y()1JJ designated Agency security officer to make
,arrang~ments, Depending upon the items and the manner in which they are used, if
brought into Agency facilities, thes~ items may have to remain under Agmc)' control.
Please note that automobiles with mobile telephones 31'e permitted on Agency facilities;
however, the telephones must remain inside the automobiles.
What restrictions are there

On

how I handle my client's inforrnation ar roy office?

You and others security approved at your office may not workwith classified information
at youroffice or anywhere else outside ofan Agency secure area This includes
reviewing, creating, storing, and/or otherwise working with or handling such information
Fortunately, ill most cases, classified information does not need to be included in the text
ofmotions, briefs, or correspondence rela:tiug to any proceedings. For example, you may
refer to Agency locations as "domestic location A" or "overseas location B." For another
example, if your client's association with the Agency is classified, you may be provided
with an alias for use with your client. bl. this case, your designated Agency security
officer will mange for you to be briefed On the alias and associated procedures. You also
may be ableto refer to your client and other Agency employees by genetic job title or by
:first name andlast initial,
.

1£ your client'sasscciation with the Agency is classified, do not divulge his or her
. Agency association to any unapproved persons: For example, do not use your client's
full name on the phone in any conversation linking him or her with the Agency. In
addition, create and store any unclassified documents or notes referring to your client's
true name separately (i.e.,io separate documents in separate hardcopy or electronic case
files, at a minimum) from any documents Or notes that might !mggest En Agency
association. Use care not to associate the two. 'When paired with Information such as
Agency-unique forms, Agency letterhead, or Agency telephone numbers, such a client's
true name is classified.

•

IfyDU have any doubt about whether hardcopy or electronic Dotes cr documents you will
be creating or discussions you will be holding are classified, contact your designated
Agency security officer, If you mistakenly created such classified notes or documents or
discussed classified information with an unapproved person Or an approved person
lacking need-to-know, contact your designated Agency security officer immediately.

in what forum may I present classineu infol"matilllJ, ifnecessary?

Prescotztion of classified information in il public forum is never permitted. Most cases
do not require the presentation of classified infonnarion. However, the Equal
Employment Opportunity administrative proceedings ale conductec in a classified setting
up to the Secret level. If yOlJI client requests an administrative hearing under 29 C.YR.
1614.108(1), tither parry may present classified irformation at the hearing. In most cases,
it is not necessary to include classified information in the text of motions, briefs, or
correspondence relating to the proceeding.
. 'What procedures do I follow prior to submitting a court filing or otherwise
promulgating anything related to or based upon my client's c:lse,l"egardles~ of the
classification?

Priorto submittin.g a court filing or otherwise promulgating anything related to or based
upon yourclient's case, provide a copy of the :filing or other information to your
designattdAgeilcy security officcr, unless you have made other arrangements with the
Agency to ensure that classified rnfonnation is no'! publicly disclosed. Your designated
Agency security officer will ensure that an appropriate Agency representative unaffiliated
withthe case conductsaprepuhlication review of the informetion. This review will.
ensure that classified informationis not disseminated to persons lacking appropriate
clearances or approvals.
What do I do if my client fails to gain Agency approval prior to releasing classified
information to me or provides me such information outside of an Agen ry secur'e
:1r:ea?

If your client fails to gain Agency approval prior to releasing classifiedinformation or
provides such information outside of an Agency secure area, contactyow designated
Agency security officer immediately.
What are the penalties for faiIi:ii.g to adher-e to this guidance?

When you read and sign the Nondisclosure/Secrecy Agreement and the Acknowledgment
of Security Requirements form, you agree to adhere to this guidance as well as any other
. requirements noted in the azreement or form, Your failure to adhereto these
-reqtrirements may result in the Agency withdrawing yOUT security approval and/or your
breachbeing referred to the Departmentof Justicefor possible criminal prosecution. The
. Agency also reserve> thetight to withdraw your security approval should it receive any
information indicating that you should not have continued aCGC'SS to classified
information.

ACI<NUWLEDGMENT OF SECURITY REQUlREMENTS

My signature .below serves to acknowledge that I will abide by the security
requirements associated with my representing a CeiItral Intelligence Agency-affiliated
individual. These requirements are set forth in the Secrecy/Nondisclosure Agreement and
the Security Guidance for Representatives, I was afforded a security briefing to discuss
these requirements, During or prior to the briefing, among other things, head and signed
the Secrecy/Nondisclosure Agreement, read the Security Guidance for Representatives,
and reviewed the J;1fOvided Executi ve Order, federal statutes and regulations relating 'to
the protection of classified information.

I have been provided an opportunity to ask questions about the information
presented during the briefing, and I affirm that I understand the security requirements
fully. If you are retained to represent other Agency-affiliated personnel other than
your present client, you will need to complete a separate Secrecy/Non-disclosure
Agreement for each client, I also understand that my failure to abide by these
requirements may result in the revocation of my Secret clearance or additional
administrative sanctions or criminal prosecution.

By:
Date

_
Signature

Printed Name

Address

Date

Signature of Witness

Printed Name of Witness

 

 

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