LETTER TO THE HONORABLE HERBERT B. LOPER FROM ALLEN W. DULLES

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP80R01731R000300170002-3
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RIPPUB
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K
Document Page Count: 
11
Document Creation Date: 
December 20, 2016
Document Release Date: 
September 20, 2007
Sequence Number: 
2
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Publication Date: 
December 24, 1958
Content Type: 
LETTER
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PDF icon CIA-RDP80R01731R000300170002-3.pdf513.37 KB
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Approved For Release 2007/09/20: CIA-RDP80R0l731 R000300170002-3 2 4 DEC 1958 Honorable Herbert B. 3.~c~per/ A aasietanat to the Seerftary of e (Atomic it rzergy) partrr ent of Defense shington 25, I. C. ,-'ear Central Loper: 1`t,efereaee is made to your letter of g December 1958 reporting the establishment of the Joint Atomic Information xchange Croup and enclosing a copy of the Secretary of )efease,$ implementing memorandum. I heartily agree that the establishment of the Croup is a worthwl iL. endeavor and we shall cooperate in every way possible to facilitate its operation. it skoul4 provide a much needed central service and yet be coisiattsaatt with the designation of other agencies such as ourselves to be the transmitting channel in their ati d ~_.~sx~ w,s..snrrs'ln~ the ields . i+D~, W~4 K+ae f submission of items to the Group that require specUfc determina- tions and the channels to be employed for transmission, I should he. to nominate Dr. Perbert Scoville, Jr. as the Central 1) el- ligenc a agency representative. In this connectiren, I would. assume that ance a certain category of information has been determined to bs~ transmissible, future transmissions within this category would riot require individual determinations, but could be handled routinely within the established channels. It is our understanding that the activities of this Group are limited to the exchange of information in the Restricted rata and F ormerly .is: estricted Data categories. For several years, the Central Intelligence regency and other members of the intelligence community have transmitted to and received from certain foreign On file OSD release instructions = review Approved For Release 2007/09/20: CIA-RDP80R0l731 R000300170002-3 Approved For Release 2007/09/20: CIA-RDP80RO1731 R000300170002-3 coantxi,.s atonic enorgy inteltigeac.c information not in the cat ticted .eta category? and it is assumed that r channels for this wil nit rte establi eet of the Group but WUI cc in;ue to . nested in your letter, we sh.U be happy to. supply Group With copies of all F cste1 ted Data receive: under past agaets for cooperation. 5:incer ely, SOM An** - . Julies Director C:+SI:GAS:lh C)GC:LRH:jeb (retyped 12/18/58) cc: ICI .R w/incoming ltr DD/I CSI DID / C General Counsel Approved For Release 2007/09/20: CIA-RDP80RO1731 R000300170002-3 Approved For Release 2007/09/20: CIA-RDP80R01731 R000300170002-3 MEMORANDUM FOR: TEE DIRECTOR .Attached is a p::?depcsed answer to General Loper's letter cis the Joint Atomic Information Exchange G:rou-a. This Group seers an emincnt:'iy sensible means of centralizing and s rvicing Restricted Data exchange with other countries. It recognizes that other channels may ea the actual trans- mitting. Our letter, therefore, agrees to cooperate on the understanding that we may be designated as tie channel in intelligence exchange and that our present exchange of non--~ r est :~,idted data ate is information will not be g , e~.3f~~s%rb iE. e+ f: p en s aatyir e. FORM GN 54 IvI WHICH REPLACES MAY FORM M USED. 10-01 1 AU (DTAE Approved For Release 2007/09/20: CIA-RDP80R01731 R000300170002-3 Approved For Release 2007/09/20: CIA-RDP80RO1731 R000300170002-3 OFFICE OF THE SECRETARY OF DEFENSE WASHINGTON 25, D. C. DEC - 8 1958 The complexities and the numbers of the bilateral agree- ments now in being and contemplated are such that the Department has found that it was desirable to centralize the location for receipt and dispatch of atoLnic information. The Joint Atomic Information Exchange Group, which was mentioned briefly in my 27 October letter to you, has been activated effective 29 October 1958. A copy of the memorandum establishing the Group is attached for your information. This Group will process all information proposed for transmission. This will include determination that the information has been transmitted or to formally process it in accordance with present procedures for determination that it is transmissible. As you know, this procedure is required, regardless of who transmits the information. To perform this function, this Group should receive for processing all requests for determination as to the transmis- sibility. Depending on the Groups Is finding, they would recommend to the Atomic energy Commission and the Department of Defense that such information be determined to be transmissible. After formal action by the Atomic Energy Commission, the Department of Defense, and the President, the information would then be transmitted either through the Joint Atomic Information Exchange Group channels or other channels, as may be agreed. Approved For Release 2007/09/20: CIA-RDP80RO1731 R000300170002-3 :-? Approved For Release 2007/09/20: CIA-RDP80R01731 R000300170002-3 Assuming that you agree that this is a worthwhile endeavor, it is requested that you establish contact with this Group to work out details concerning the submission of all items that contain atomic information and that you propose for transmission under atomic bilateral agreements. The final arrangements would also include supplying this Group with a copy of all atomic information your organization has received under the present or past atomic agreements for cooperation. If this proposition is acceptable to you, it is requested that your representative contact the Chief, Joint Atomic snformation Exchange Group, to work out further details. Sincerely yours, cs Assistant to th secretary of Defense ( tomic Energy) Inclosure MultiMemo from Acting SecDef dated 29 Oct 58 Honorable Allen W. Dulles Dir ector Central Intelligence Agency Approved For Release 2007/09/20: CIA-RDP80R01731 R000300170002-3 Approved For Release 2007/09/20: CIA-RDP80RO1731 R000300170002-3 THE SECRETARY OF DEFENSE YNASHINaTom OCT 2 9 1958 MEMORANDUM FOR The Secretary of the Army The Secretary of the Navy The Secretary of the Air Force The Chairman, Joint Chiefs of Staff The Chief, Armed Forces Special Weapons Project The Chairman, Military Liaison Committee SUBZECT : Establishment of the Joint Atomic Information Exchange Group. Reference is made to the following: (a) Memorandum for Secretaries of the Army, Navy, Air Force, and Chairman, Joint Chiefs of Staff, from the Secretary of Defense, dated 29 June 1955, subject: Transmission of Information Under Agreements for Cooperation with Canada and the United Kingdom. ,(b) Memorandum for Secretaries of the Army, Navy, Air Force, Chairman, Joint Chiefs of Staff, and Chief, Armed Forces Special Weapons Project, from the Secretary of Defense, dated 28 May 1956, subject: Agreement for Cooperation for Exchange of Atomic Information with the United Kingdom. (c) Memorandum for Secretaries of the Army, Navy, Air Force, Chairman, Joint Chiefs of Staff, Chairman, Military Liaison Committee, and Chairman, State-Defense Military Information Control Committee, from the Secretary of Defense, dated 18 September 1957, subject: Australian-United States Atomic Defense Agreernent. The amendment to the Atomic Energy Act of 1954, which was enacted on 2 July 1958 as Public Law 85-479, makes possible an increase in the scope and sensitivity of cooperation which is permissible under appropriate agreements for cooperation. In Approved For Release 2007/09/20: CIA-RDP80RO1731 R000300170002-3 . Approved For Release 2007/09/20: CIA-RDP80RO1731 R000300170002-3 the implementation of certain agreements for military cooperation with other nations or regional defense organizations which cooper- ation involves the transmission of Restricted Data and Formerly Restricted Data (hereinafter referred to as atomic information)., The Secretary of Defense, by reference (a), determined that insofar as practicable this type of information would be handled in accordance with policies and procedures established by the State-Defense Military Infonn ation Control Committee. Policies, procedures and channels have been established and are now in effect with Canada, United Kingdom, Australia and NATO. The nature of the agreements for mutual defense purposes negotiated pursuant to the Atomic Znergy Act of 1954 as amended in such that the Atomic Energy Commission, Department of Defense and other government agencies will participate in the transmission of atomic information to other nations and regional defense organi- zations. Further, the terms of such agreements provide for certain restrictions on procedures for the transmission, accounta- bility and reporting of atomic information to other nations or regional defense organizations. These requirements make neces- sary a centralized release authority, a complete set of permament files, and a uniform and consistent accounting and reporting arrange- ment. This centralization will insure that all atomic information transmitted to other nations or regional defense organizations has received the proper determination to "sure that it is within the scope authorized by the Atomic Zaergy Act of 1954, as amended, and is within the scope authorized by the appropriate agreements for cooperation, and that the necessary determination has been made that it will promote and will not constitute an unreasonable risk to the common defense and security. The Atomic Zn.rgy Commission has not yet concurred in the request of the Military Liaison Committee to join the Department in the establishment of or the terms of reference for the Joint Atomic Information Zxchsnge Osid , however, the Department of Defense element will be established without delay. These instructions are written indicating Atomic Xnergy Commission participation and. after the szpected AEC approval has been ohtai~ those instruc- tions will be disseminated in an appropriate Department of Defense Directive. Approved For Release 2007/09/20: CIA-RDP80RO1731 R000300170002-3 . Approved For Release 2007/09/20: CIA-RDP80RO1731 R000300170002-3 This memorandum establishes the Defense element of the Joint Atomic Wormation E'kchange Group (JAL G) within the Armed Forces Special Weapons Project, in the Washington area, and under the policy guidance of the Secretary of Defense and Chairman, Atomic Energy Commission, acting jointly. The following guide- lines, which I approve, will apply: (a) The JALMG will be jointly responsible to the Secretary of Defense and the Chairman, Atomic Energy Commission, under the policies and procedures mutually agreed to by thsmn. Appeal of any decision of this group as to transmis- sibility of information will be made to the Secretary of Defense through the Assistant to the Secretary of Defense (Atomic Energy) or to the Chairman, Atomic Energy Commission4 as appropriate. (b) The JAIZG will review all atomic information proposed for release to another nation or regional defense organization by an appropriate agency of the Department of Defense, Atomic Energy Commission. or other agency of the United States authorized by the President to communicate atomic information. The JAI= will authorise release of such proposed atomic information provided it is considered appropriate and is within previously established policies for transmissibility of such information with respect to content and authority. (c) State-Defense kilitary Lnfoanation Control Committee (S-DMICC) will continue to provide policy guidance on the national disclosure policy for the transmission of classified military informati n. The military departments or the Joint Chiefs of Staff, as appropriate, as well as the JAI= will take such action as is necessary to insure that all atomic information proposed for release is in accordance with provisions of the national disclosure policy insofar as practicable. (d) Eiadsting charm is for the exchange of infor- mation maintained by the Department of Defense and the Atomic Energy Commission may be continued or new channels may be Approved For Release 2007/09/20: CIA-RDP80ROl731 R000300170002-3 Approved For Release 2007/09/20: CIA-RDP80RO1731 R000300170002-3 established for such en*loymetat as mutually agreed desirable by the Department of Defense and the Atoaenic LLaergy Commission and the other nation or regional organisation concerned.. (e) The JAIXG will establish and maintain a central collection of all atomic information transmitted to or received from another nation or regional defense organisation. Each addressee of this memorandmm will take suck action as is necessary to make available to the Nkchange Croup suck records and innformstfion as is required to provide a complete history of foreign exchanges made prior to establish nsnt of the JAL . (f) The JALICG will be kept informed by all Department of Defense agencies of the requests for atemaic information received from anodwr nation or regional defense organisation and, the JAIZG in tarn will forward all requests received by it to cognisant agencies of the Department of Defense, as appropriate. (g) The J will prepare and reader such reports as may be required. (h) The Chief, Armed Forces Spacial Weapons Project, will provide the asces s. ,~- a aninistrative op*ort and daily technical advice and assists: c as is required for the Group und the broad policies jointly e. `disked by the D~epertionent of Defense and the Abosnic Maergy C, scission. The Chief of the Joint Atop Information lachaage Group will be one of the Deputy Chiefs, A nod Forces Special Weapons Project. Brigadier Ckawral R. H. larrison, Deputy Chief, AFSWP, is hereby designated as the currea:, htiief, JAL . Jbch military departanent will as sign to the Arnie Forces Special Weapons Project for tiny with the ldcchangt "il 'oup suck staff as has been agreed to between representatives , the military depast nt and the Chief, ATSWP. Atomic Ikorgy oaunission staff rep eoen- tation shall be designated by the C man. AEC. In connection with existing c= aanels for transmission and other channels as may be establishc, , it is to be noted that each Approved For Release 2007/09/20: CIA-RDP80ROl731 R000300170002-3 Approved For Release 2007/09/20: CIA-RDP80ROl731 R000300170002-3 of the countries involved must be advised of the United States channels, reporting and accounting procedures. It will be the responsibility of the Joint Atomic Information Exchange Group to accomplish t3uch notification in coordination with the State- Defense Military Lnforrnaton Control Committee. Those portions of the Department of Defense memoranda listed in references (a), (b) and (c) above which are in conflict with. this memorandum are hereby superseded. Effective immediately, all atomic information proposed for transmittal to a foreign nation or regional defense organization will be referred to the Joint Atomic Information Exchange Group for appropriate review and authorization to release as prescribed her sin. ACTYl(3 Approved For Release 2007/09/20: CIA-RDP80ROl731 R000300170002-3 Approved For Release 2007/09/20: CIA-RDP80RO1731 R000300170002- SENDER WILL CHECK CLASSIFICATION TOP AND BOTTOM UNCLASSIFIED CONFIDENTIAL SECRET CENTRAL INTELLIGENCE AGENCY OFFICIAL ROUTING SLIP TO NAME AND ADDRESS INITIALS DATE General Counsel - Mr. Houst on 2 3 4 5 6 ACTION DIRECT REPLY PREPARE REPLY APPROVAL DISPATCH RECOMMENDATION COMMENT FILE RETURN CONCURRENCE INFORMATION SIGNATURE Remarks : Larry: The boss discussed the attached letter from General Loper in the Deputies Meeting on 12 December and asked that you prepare a reply for his signature. This was the first that any of those present had heard of the Joint Atomic Information Exchange Group and it was pointed out that we have quite a problem if Loper's memorandum and the memorandum from the Acting Secretary of Defense of 29 October cove the exchange of atomic energy intelligence information. (Ove FOLD HERE TO RETURN TO SENDER FROM: NAME, ADDRESS AND PHONE NO. DATE EO/DCI/ 221 Admin 12 Dec UNCLASSIFIED CONFIDENTIAL SECRET (40) Approved For Release 2007/09/20: CIA-RDP80RO1731 R000300170002-3