Title
National Security Clearance System EO 608
Law
Executive Order No. 608
Decision Date
Mar 30, 2007
Gloria Macapagal-Arroyo establishes a national security clearance system for government personnel with access to classified information, mandating comprehensive background investigations and strict protocols to safeguard sensitive materials from unauthorized disclosure.

Law Summary

Institution of an Interim Security Clearance

  • Heads of government offices managing classified matters must strictly follow the security clearance procedure approved by the Office of the National Security Adviser (ONSA).
  • Comprehensive background investigations are required for personnel who, by their duties, access classified information as defined in existing memoranda.
  • Interim Security Clearance can only be issued after passing the security clearance procedure.
  • Only the head or designated representative of the department or agency may issue such clearance.
  • Prior to issuing clearance, the agency must certify that the individual is cleared to access classified materials, specifying the access level or category.
  • Each agency must maintain a Security Investigation Index documenting all Interim Security Clearances and related investigation files.
  • The Index must include investigation dates, type of investigation, file location, clearance issuance date, granting authority’s signature, and classified matter level.
  • Agencies must designate a Security Officer responsible for implementing and maintaining the security clearance system.
  • Personnel with Interim or full security clearances are prohibited from unauthorized disclosure, sharing, publication, or misuse of classified information.

Institution of Security Clearance

  • Names of personnel with Interim Security Clearances who have access to materials classified Secret and above must be forwarded to the ONSA/ONSD via the National Intelligence Coordinating Agency (NICA).
  • NICA may conduct further background investigations on these personnel, with assistance from other government bodies as needed.
  • NICA submits recommendations for Security Clearance issuance or denial, granting access on a need-to-know basis.
  • The ONSA/ONSD has final approval authority, including setting validity periods for Security Clearances.
  • Security Clearances remain valid until expiration or earlier revocation.

Appeals Process

  • Personnel may appeal decisions of the ONSA/ONSD to the Office of the President according to existing legal processes.

Scope of Application

  • The Order applies to all government personnel who currently have or are to be granted access to classified documents.

Implementing Guidelines

  • NICA, coordinating with the Intelligence Community and relevant agencies, shall formulate implementing rules and regulations.
  • These rules require approval by the National Intelligence Board (NIB).
  • NICA is tasked to develop capability to carry out investigations and other mandated functions.

Administrative Liability and Penalties

  • Unauthorized disclosure, sharing, publication, or misuse of classified information is a grave offense.
  • Violations are punishable under civil service rules and regulations.
  • Administrative cases do not preclude concurrent criminal or civil proceedings for the same infraction.

Repeal and Amendment of Inconsistent Issuances

  • Existing issuances inconsistent with this Order are deemed repealed, amended, or modified accordingly.

Effectivity

  • The Executive Order takes effect fifteen (15) days after publication in two newspapers of general circulation.

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