U.S. Department of the Treasury

DATE: February 7, 2023

SUBJECT: Delegation of Treasury Classified Information Sharing Functions and Programs

1. PURPOSE. This Directive delegates the authority of the Assistant Secretary, Intelligence and Analysis, with respect to the Department of the Treasury information sharing functions and programs pursuant to Executive Order (E.O.) 13526 and certain authorities of the Office of Intelligence and Analysis pursuant to section 311 of title 31, U.S.C., and E.O. 12333. Treasury classified information sharing programs are intended to protect classified national security information (CNSI) and Controlled Unclassified Information (CUI) and ensure efficiency in sharing CNSI and CUI in pursuit of the Department’s mission. This Directive authorizes Treasury Directive Publication (TD P) 15-72, “Guidance and Protocol for Treasury Classified or Controlled Unclassified Information Sharing Functions and Programs.”
2. SCOPE. This Directive applies to all bureaus, offices, and organizations in the Department of the Treasury (“Treasury”), when managing and handling CNSI as it relates to information sharing functions and programs. This Directive shall not interfere with the authorities of the Assistant Secretary for Management or the Assistant Secretary, Public Affairs to manage and disseminate official unclassified information. The provisions of this Directive shall also not be construed to interfere with or impede the authorities or independence of the Offices of Inspector General. For the purposes of this Directive, the Offices of Inspector General are considered to be Treasury bureaus. The provisions of this Directive apply to Treasury offices that wish to share CUI, but do not apply to sharing of Treasury bureau-owned CUI by the Treasury bureaus. This Directive also covers Treasury’s efforts to engage with foreign intelligence and security agencies.
3. DELEGATION. This Directive delegates certain authorities, as specified below, of the Assistant Secretary, Intelligence and Analysis, as the Senior Agency Official under E.O. 13526 and specified in Treasury Order 102-20 to the Deputy Assistant Secretary, Support and Technology (DAS S&T) and to the Director of Office of Information Sharing (OIS).
4. REDELEGATION. Consistent with national policy direction and under the oversight of the Senior Agency Official, the DAS S&T and the Director, OIS, may further delegate these authorities in writing as appropriate for implementation of this Directive.
5. RESPONSIBILITIES.
   1. The Deputy Assistant Secretary, Support and Technology (DAS S&T):
      1. 1) Is responsible for overseeing all Treasury CNSI information sharing efforts for the Department and CUI for Treasury offices;
      2. 2) Is the principal advisor to the Assistant Secretary, Office of Intelligence and Analysis with respect to Treasury’s CNSI and CUI information sharing programs;
      3. 3) Shall ensure that CNSI and CUI information sharing programs support Departmental efforts to defend against unauthorized disclosure and release;
      4. 4) Shall ensure compliance by the Department with information sharing protocols; and
      5. 5) Oversees the production and implementation of TD P 15-72.
   2. The Director, Office of Information Sharing (OIS):
      1. 1) Is responsible for the management and implementation of all Treasury classified information sharing functions and programs for the Department and controlled unclassified information for the Treasury offices, including:
         1. a) Authorizing disclosures of CNSI and CUI to foreign governments and international organizations;
         2. b) Sanitizing classified information to an appropriate classification level for authorized release;
         3. c) Managing the dissemination of classified information to other U.S. government entities;
         4. d) Managing portions of the Freedom of Information Act (FOIA) request process as they relate to the Office of Intelligence and Analysis;
         5. e) Managing portions of delisting petitions and litigation efforts brought against Treasury as they relate to classified information within the Department;
         6. f) Managing pre-publication review for Treasury officials with a non-disclosure agreement (Standard Form 312 or Form 4414) to determine if non-official material proposed for public release might reasonably contain or be derived from classified information; and
         7. g) Providing direction on protocol for engaging with foreign intelligence and security services and international organizations for participation in intelligence information sharing activities consisting of U.S. and foreign government personnel.
      2. 2) Serves as the Department’s Senior Foreign Disclosure and Release Authority, per Intelligence Community Directive (ICD) 403, and is responsible for implementation of requirements set forth therein.
      3. 3) Oversees the production and implementation of TD P 15-72, “Guidance and Protocol for Treasury Classified or Controlled Unclassified Information Sharing Functions and Programs,” including approval of new and revised Department information sharing policy therein.
      4. 4) Represents the Department at national-level events for classified information sharing matters.
      5. 5) Shall consult relevant officials in the Department for implementation of this Directive, as appropriate.
   3. The heads of bureaus and the Inspectors General, as it relates to their respective bureaus and offices, shall:
      1. 1) Direct requests to share classified national security information to the Director of OIS (or an assigned designee) prior to release of classified information.
      2. 2) Submit all proposed classified information sharing directives and regulations to the Director of OIS prior to publication and make requested modifications to ensure consistency with Treasury classified information sharing policies.
6. HEAD OF THE INTELLIGENCE COMMUNITY ELEMENT (HICE). Other authorities of the Assistant Secretary, Intelligence and Analysis as Treasury’s Head of the IC Element regarding sensitive compartmented information, intelligence activities, and sources or methods, are not affected by this Directive.
7. AUTHORITIES.
   1. 31 U.S.C. 311
   2. 50 U.S.C. 3003
   3. Executive Order 12333
   4. Executive Order 13526
   5. Intelligence Community Directive 403
   6. Intelligence Community Directive 501
   7. Treasury Order 102-20, “Delegation of Authorities Concerning the Information Security Program.”
8. REFERENCES.
   1. TD P 15-72, “Guidance and Protocol for Treasury Classified or Controlled Unclassified Information Sharing Functions and Programs.”
   2. Treasury Directive 80-08, “Controlled Unclassified Information (CUI) Policy.”
   3. TD P 80-08, “Controlled Unclassified Information (CUI) Guide.”
   4. Treasury Directive 25-05, “The Freedom of Information Act.”
   5. Intelligence Community Directive 703, “Protection of Classified National Intelligence, Including Sensitive Compartmented Information.”
9. OFFICES OF PRIMARY INTEREST. Office of the Under Secretary for Terrorism and Financial Intelligence, Office of the Assistant Secretary for Intelligence and Analysis, DAS S&T, Office of Information Sharing.