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.