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Laws and Regulations Retrieving System of Ministry of National Defense, R.O.C.



Title: Regulations Governing Classification Process on Cases Involving National Confidentiality Conducted by Military Justice Agency (2003 . 08 . 15 Amended)Chinese
Article 1
The Regulations is enacted in accordance with paragraph (2)in Article 24 of the National Confidentiality Protection Statute (hereinafter referred to as the "Statute").

Article 2
These Regulations shall be applied to classification process on cases conducted by Military Justice Agency containing national confidentiality. With regard to matters not provided for in these Regulations, the provisions of other relevant laws and regulations shall apply.

Article 3
The National Confidentiality referred in these Regulations is the content of statement or elaboration provided by other agencies or agents involving the National Confidentiality classification specified in Article 2 and Article 4 of the Statute.

Article 4
Paragraph(1)Agents of Military Justice Agency aware of national confidentiality shall keep all specified items confidential and not disclose.
Paragraph(2)Agents who retire, resign and discharge shall keep all specified items confidential and not disclose as well.

Article 5
A responsible person in charge of opening, allocating, preserving, proofreading, stamping, sealing and filing of cases involving national confidentiality processed by Military Justice Agency shall be designated after security investigation.

Article 6
Paragraph(1)The recipient shall first verify the sealing on receiving national confidentiality prior to opening external envelop. Irregularities shall be reported to and processed by chief officer or other person designated by it.
Paragraph(2)After opening external envelop, the recipient shall register the condition of internal envelop and process as the followings prescribe:
Subparagraph(1)The internal envelop shall be sent to and opened by the chief officer or its appointee if the receiver is the agency or chief officer.
Subparagraph(2)The internal envelop shall be sent to and opened by other officers if they are receivers.

Article 7
The allocation of document regarding national confidentiality shall be registered in exclusive log, its classification level shall also be specified.

Article 8
Paragraph(1)A "National Confidentiality" seal shall be stamped on the upper left of a folder containing cases involving national confidentiality. In order to preserve the document, evidence and information, an exclusive log shall be made for registration and specification of classification level and brief of case which is under investigation by the military prosecutor or hearing by the military judge.
Paragraph(2)Document, evidence and information specified in the proceeding paragraph preserved by military prosecutor or military judge shall be preserved in an exclusive safe, separated from document, evidence and material of other cases. Without permission of chief officer of the agency or its appointee, the document, evidence and information prescribed shall not be released.
Paragraph(3)For the purpose of investigation and hearing, if an internal division of the military justice agency intends to retrieve national confidentiality archives, it shall sign off a retrieval form approved by the chief officer or its appointee then retrieve from the person in charge of preservation.

Article 9
Paragraph(1)Document, evidence and material containing national confidentiality shall be reported, filed and transferred by military prosecutor or military judge in charge personally.
Paragraph(2)Items specified in the proceeding paragraph shall be sealed for delivery yet not via electronic official notice exchange. Items labeled "top secret" and "secret" shall be delivered by appointee.

Article 10
The judicial note of case regarding national confidentiality shall not reveal any national confidentiality.

Article 11
Paragraph(1)Necessary duplication of national confidentiality archives retrieved from other agencies shall be authorized or approved in written by officer in charge of the original classifying agency or its supervising superior.
Paragraph(2)Duplication specified in the proceeding paragraph shall be approved by chief officer or its appointee and made in office.
Paragraph(3)Duplication specified in the first paragraph shall specify the classification level, the period to keep the information classified or the conditions to declassify, the term "duplication" and the quantities of duplicates.

Article 12
Information containing national confidentiality processed by computer system shall be encrypted.

Article 13
National confidentiality, unnecessary for preserving, provided by other agencies or persons shall be returned without closure of case.

Article 14
Chief officer of military justice agency and chief military prosecutor or chief military judge in charge shall supervise security actions by its subordinate processing case containing national confidentiality.

Article 15
Paragraph(1)Military Justice Agency shall set a safe-deposit box or other cabinet with security control function for storing document, evidence and information containing national confidentiality, which shall be separated from general archives stored in different places.
Paragraph(2)The preceding security safe-deposit box or other cabinet with security control function shall be assigned to a responsible person and checked at least once each month to ensure safety.
Paragraph(3)Document, evidence and material of filed case containing national confidentiality shall be retrieved only with the permission of original classifying agency and approval of chief officer or its appointee.

Article 16
Paragraph(1)Revelation, loss, damage or jeopardy of revelation of national confidentiality, if found by personnel of military justice agency, shall be reported to chief officer for fact-finding and administration prosecution.
Paragraph(2)Conditions specified in the proceeding paragraph shall be reported to superior supervising agency and original classifying agency of national confidentiality for response compensation measures.

Article 17
Agents in charge of preserving national confidentiality who retire, resign and discharge shall make a list, for further reference, regarding the national confidentiality under their custody and deliver them one by one to appointed officer.

Article 18
The Regulations will be put into practice from the commence date.