EXECUTIVE ORDER 12065 - CLASSIFIED MATERIAL REQUIRING EXEMPTION FROM AUTOMATIC DOWNGRADING AND DECLASSIFICATION

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Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP81M00980R000100090011-0
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
18
Document Creation Date: 
December 15, 2016
Document Release Date: 
August 11, 2004
Sequence Number: 
11
Case Number: 
Publication Date: 
August 11, 1978
Content Type: 
MF
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PDF icon CIA-RDP81M00980R000100090011-0.pdf577.33 KB
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Approved For Release 2004/08/19: CIA=RDP81N~.00980R000 000 0011-0 UC: AUG ' 1 MEMORANDUM FOR: 0L C RECORD CU *1STAT c minis rative Officer, DCI FIOM: Frederick P. Hitz Legislative Counsel 11.06J10, SUBJECT: Executive Order 12065 - Classified Material Requiring Exemption from Automatic Down- grading and Declassification 1. (A/IUO) This is in response to your memorandum of 19 July 1978 asking that we identify classified material unique to this Office which requires exemption from the automatic downgrading and declassification provision of E. O. 12065. 2. (A/IUO) Almost all substantive intelligence and sources and methods information contained in documents originated by the Office of Legislative Counsel is derivative, and would be covered by the descriptions of material requiring exemption which have been supplied by the Directorates. 3. (A/IUO) We believe that the following categories of OLC-produced documentation which usually, but do not necessaril covered by the Directorates' descriptions, should als, contain information o be ee mpted from automatic downgrading and declassification: --material related to sensitive negotiations, agreements, and relationships between the Director of Central Intelligence or the Central Intelligence Agency and other Ggver,m.ent agencies, departments, independent establishments, or individuals. This would include, for example, classified exchanges related to the potential effects of proposed legislation on the DCI or CIA. --material which relates to sensitive relationships or exchanges of information between the Members, committees, or staffs of the Senate or House of Representatives and the Director of Central Intelligence or the Central Intelligence Agency. This would include classified assessments of the potential effects of proposed legislation on the DCI or0CIA. Dist.: Orig - Addressee 1 -- OLC Subject 1 - OLC 1 - OLC Chrono 1 - OLC OLC:GMC:mlg (10 August 19 Frederick P. Ilitz Approved For r?"-- Ie~se ~20Q4%08119 r: CIA-RDP81 IVI!p0980F 0OOi;(9Q090011-0 A Loved For Release 2004/08/19 : CIA-RDP81M00980R000100090 iEOOF REQUEST SUSPENSE DATE LRO GMC AUG Reply to Memorandum on E.O. 12065 NOTES This action due 11 August was received in C&R on 9 August. I have spoken with who says STi that all submissions will be reviewed by the ISAS. Our reply seeks a specific exemption category for documents related to sensitive interchanges between the DCI and/or CIA and other executive or legislative entities. I can't estimate the chances for success, but I think its worth a try . The response has been shown in draft to RLB and THW. ST COORDINATED WITH (list names as well as offices) NAME OFFICE DATE NAME OFFICE DATE NAME -- ---- OFFICE DATE NAME OFFICE DATE ACTION REQ UIRED BY GLC FYI Approved For Release 2004/08/19 CIA-RDP81M00980R000100090011-0 INTERNAL ^ UNCLASSIIED n USE ONLY ^ CONFIDENTIAL ^ SECRET Approved or Releo~/1AA~~O~~~00100090011-Q ZZ- SUBJECT: (Optional) EO 12065 FROM: EXTENSION Administrative umcer, DCI -------~ -S DA 19 July 1978 TO: (Officer designation, room number, and building) DATE OFFICER'S COMMENTS (Number each comment to show from whom RECEIVED FORWARDED INITIALS to whom. Draw a line across column after each comment.) Legislative Counsel 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 3?6z 610 uS ~r~E"T&s j se 24A4/ofg Fl$i L81M~8p USE RpAp ONLY 0900~o UNCLASSIFIED AT Approved For Release 2004/08/19 : CIA-RDP81 M0098GROO01 00090011 -0 OLC #78:?2L7 .,I 19 July 1978 MEMORANDUM FOR: See Distribution Administrative Officer, DCI 1. The Information Systems Analysis Staff (ISAS) is preparing the unclassified guidelines for declassification rev i eew required by EO 12065. These gJi dE,l i nes will be publ i seed in the Federal Register. ISAS has received from all four direc- torates descriptions of material requiring continued classifica- tion beyond twenty years (copies attached). 2. ISAS has requested that we identify classified material, unique to the DCI, the DDCI, and the Independent Offices requiring exemption from automatic downgrading and declassification. It will not be necessary to repeat categories of information listed in the directorate guidelines. 3. Please advise, by 11 August 1978, of any information generated by DCI Area offices which will require classification beyond the twenty-year limit specified in EO 12065 and which is not already covered by the guidelines submitted by the directorates. Any questions regarding this matter should be directed to Bob Red Line LJ Attachment: Declassification Guidelines Distribution: SA/DDCI General Counsel Executive Secretary Legislative Counsel Inspector General A/DCI/PA Comptroller Director, EEO Approved For F eiease-2004/08/19: CIA-RDP81N1009g$F 00100090011-0 Approved For Release 2004/08/19 : CIA-RDP81 M00980R00010009 tiff 001 CT - ....~ MEMORANDUM FOR: Chairman, Executive Advisory Group FROM John F. Blake Deputy Director for Administration 'SUBJECT Action Plan for the 30-Year Declassification Review Program 1. On 1 March 1977, the members of the Executive Advisory Group were briefed on the scope of and the requirements for adequately staffing and supporting the Agency's Thirty Year Declassification Review Program. 2. Upon completion of this briefing, those in attendance discussed how best to deal with this required undertaking and came to an agreement in principle on those items contained in the attached action plan which is now being forwarded to you for your approval. STAT o n Blake Attachment: a/s ( ) Approved ( ) Disapproved C airman, Executive Advisory Group Date Distribution: Original - Chairman, EAG (to be returned to DDA/ISAS) 1 - Chairman, EAG 1 - ER 2 - DDA Approved For Release 2004/08/19 : CIA-RDP81 M00980R0001 00090011 -0 4 A N Approved For Release 2004/08/19 : CIA-RDP81M00980R000100090011-0 ;ACTION PLAN FOR THE 30-YEAR DECLASSIFICATION REVIEE%T PROGRAM 1. That a centralized Agency unit, the Records Review Branch, be established within the DDA under the Information Systems Analysis Staff (ISAS) to conduct the systematic declassification review of all records, documents, and information originated by or clearly attributable to the Central Intelligence Agency or its predecessors in accordance with Section 5E of Executive Order 11652, the National Security Council Directive of 17 May 1972 and Sec ion 3(d)(1)(viii) of Executive Order 11905. 2. That each directorate and the DCI's office immediately detail one officer (preferably senior enough to be able to make decisions and commitments for his/her organization) to the Records Review Branch to assist in the Staff's initial organization, including the preparation of review guidelines for the 1946-1950 time period. Addi- tional personnel will be assigned as specific workloads are identified and it is currently estimated that a'total of 30 full-time reviewers (13 DDO; 7 DDA; 6 DDI; 2 DDST; 2 DCI), seven clericals and three supervisors will be required to review and process the records associated with the 1946-1.950 time period. It is understood that pending allocation of adequate resources for the 30-Year Declassification Review Program, staffing will be accomplished through the assignment of detailees with the assigning organization absorbing all costs involved. This situation will be eliminated in FY-79 if the 40 new positions and the $1.1 million the DDA will include for this project in its FY-79 program requirements are approved. 3. That each directorate be requested to officially designate a senior focal point officer to aid and assist the Records Review Branch in promptly solving unique problems associated with the review and handling of information generated by his/her organization. 4. That each directorate and independent office initiate, upon notification by the Records Review Branch, a systematic survey of its inactive file holdings at the Agency Archives and Records Center. This survey would be conducted by the directorate or independent office records management officers according to guidelines provided them by the Records Review Branch. The purpose of this survey will be to: Approved For Release 2004/08/19 : CIA-RDP81 M00980R0001 00090011 -0 Approved For Release 2004/08/19 : CIA-RDP81M00980R000100090011-0 a. determine the content and tiizie frame of inactive fiics know inadequately identified) in order that a direct, systematic review can be orc,anizcd; b. determine if there are any inactive fides that can be declassified without a page-by-page review; and c. purge Agency holdings of all inactive records officially certified as disposable prior to the start of any actual review activity. To obtain maximum benefits, this final aspect of the survey should be coordinated with, and monitored by, ISAS, Records Administration Branch. 5. That the Records Review Branch be officially delegated the authority to make declassification decisions on documents and information: a. originated by any present or former component of the Agency; b. originated by a predecessor organi- zation, the responsibilities and functions of which are now held by the Agency; and c. information over which the Agency has exclusive or final authority appearing in documents of non-Agency origin. 6. That action be initiated by the Records Review Branch to officially establish liaison contacts with other Federal agencies who hold classified CIA documents or whose classified documents and information can reasonably be expected to be present in Agency files. Approved For Release 2004/08/19 : CIA-RDP81 M00980R0001 00090011 -0 STAT Approved For Release 2004/08/19 : CIA-RDP81M00980R000100090011-0 Next 5 Page(s) In Document Exempt Approved For Release 2004/08/19 : CIA-RDP81M00980R000100090011-0 Approved For Release 2004/08/19 : CIA-RDP81M0098q'Ra00f`0ff090011-0 Approved For Release 2004/08/19 : CIA-RDP81 M00980R0001 00090011 -0 Approved For Release 2004/08/19 : CIA-RDP81M00980R000100090011-0 OUTLINE: DDA REVIEW GUIDELINE II. Sources and Methods III. Official Liaison 1. Foreign 2. Domestic IV. Intelligence Administration 1. Personnel and Cover 2. Finance 3. Logistics and Support V. Equipment and Research Appendix: Equipment Designation Abbreviations STAT Approved For Release 2004/08/19 : CIA-RDP81 M00980R0001 00090011 -0 Approved For Release 2004/08/19 : CIA-RDP81M00980R000100090011-0 Guidelines for the Declassification Review of DDA Records I. GENERAL GUIDANCE 1. The following guidelines are to be utilized for the declassifica- tion review of all documents, information, and other materials originated by or attributable to the Directorate of Administration and/or functional predecessors over which it still maintains original or final authority. 2. These guidelines are to be applied to all DDA-originated material, wherever located. They do not supersede restrictions imposed by the originators of documents and information over which the DDA does not exercise exclusive or final jurisdiction. No declassification action is permitted without the authorization of officially approved guidelines. 3. Classified documents and information furnished by a foreign government, international organization (or official representative thereof), or produced jointly with a foreign government or international organization shall be exempt from automatic declassification without the approval of the foreign government or international organization concerned. 4. Subject to approval by the originator of the information or functional successor, doctunents and information which would ordinarily be exempted from declassification may be declassified if it is determined that, based on prior official disclosure or other considerations, current or future equities clearly would not be adversely affected by declassi- fication, provided that the information has been released in its entirety and not on a fragmentary basis. S. Some documents, information, and other material falling within the exemption criteria described in these guidelines may have been originated in an unclassified format. If such material is located in the course of review, it is to be identified for further action by the originating component or its successor. Such material will be handled as if it were classified. 6. Classified documents, information, or other materials specifi- cally protected by statute will receive continued protection in accordance with the provisions of the relevant statute. Restricted Data and Formerly Restricted Data shall be downgraded and declassified in conformity with the provisions of the Atomic Energy Act of 1954 (as amended) and appropriate regulations issued in accordance thereto. 7. Unless otherwise specified, all documents to be certified as requiring continued protection beyond 20 years will be protected at the Confidential level. Any cornpartmentation will continue to apply unless otherwise stated. Material exempted from automatic declassification will be protected in accordance with statute, pertinent executive orders, and appropriate Agency regulations. Approved For Release 2004/08/19 : CIA-RDP81 M00980R0001 00090011 -0 Approved For Release 2004/08/19 : CIA-RDP81M00980R000100090011-0 8. Prior to 1954, the word "Restricted" was used to designate a fourth classification level. During the review any material found so marked should be treated at the Confidential level; however, do not confuse this classification with that of "Restricted Data" which is used by ERDA. 9. Sections II-VI below describe in detail specific declassifica- tion review guidelines. Documents which are found to contain information described in these sections are to retain classification if released to the public the material could reasonably be expected to: (A) cause damage to the national security; (B) have an adverse effect upon foreign relations; (C) place a person in immediate jeopardy; (D) compromise intelligence sources and methods which require protection as prescribed by the National Security Act of 1947 and the CIA Act of 1949. STAT Approved For Release 2004/08/19 : CIA-RDP81 M00980R0001 00090011 -0 STAT Approved For Release 2004/08/19 : CIA-RDP81M00980R000100090011-0 Next 9 Page(s) In Document Exempt Approved For Release 2004/08/19 : CIA-RDP81M00980R000100090011-0 Approved For Release 2004/08/19 : CIA-RDP81M00980R000100090011-0 Michael J. lqalanick Acting Deputy Director for Administration Approved For Release 2004/08/19 : CIA-RDP81M00980R000100090011-0 Approved For Release 2004/08/19 : CIA-RDP81M00980R000100090011-0 DO/ISS 77-461 MEMORANDUM FOR: Deputy Director for Operations FROM: William'F. Donnelly Chief, Information Services Staff SUBJECT: Declassification Guidelines for Reviewing DD.O Records 1. ACTION REQUESTED: This memorandum requests your approval of the attached Declassification Review Guidelines for DDO Records. BACKGROUND: 2. Forwarded herewith are the Directorate of Operations Classification Review Guidelines for use in the declassification review of DO records. They were prepared in accordance with the requirements of Executive Order 11652, the National Security Council implementation directive of 1 June 1972, and relevant statutes. They will. now be used to fulfill the requirement contained in the draft of the new Executive Order which will replace EO 11652. The new Executive Order will require that within 180 days after the effective date of the order, now expected on or about 1 April 1978, the heads of certain agencies, including the head of the CIA, will, in consultation with the Archivist of the United States, issue declassification guidelines which shall be applicable to 20-year-old infor- mation classified under their respective jurisdictions and for which a prior automatic declassification date has not been established. These guidelines are to specifically identify those items or categories of information which, because of their probable continuing sensitivity and importance to the national security interest, cannot be automatically declassified but must he reviewed to determine whether there is a nee,? for continued classification hc-yond 2U }' c: rs;. Inforn.:lt.ion not ident .ificc! in these guidLli.ne::, Approved For Release 2004/08/19 : CIA-RDP81 M00980R0001 00090011 -0 Approved For Release 44 O4 A8f19 :? CAA-RDR8IMOG98OR490GI00090011-0 as requiring review will be automatically declassified at the end of 20 full calendar years from its date of origin. A copy-of these guidelines will be made available to the Archivist of the United States. 3. The attached classification review guide-. lines will be-filed with DDA/ISAS and used by the DDO Classification Review team to review all DO records. The guidelines are to be applied to all documents, information, and materials which were originated by or are attributable to the Directorate of Operations and/or functional predecessors and over which the Agency still maintains original or final authority. ILLEGIB STAT. Attachment: a/s r-7' Deputy Director for Operations Date: C/ISS/PIAG/1 25X1 1(29 Nov 77) Approved For Release 2004/08/19 : CIA-RDP81 M00980R0001 00090011 -0 STAT Approved For Release 2004/08/19 : CIA-RDP81M00980R000100090011-0 Next 10 Page(s) In Document Exempt Approved For Release 2004/08/19 : CIA-RDP81M00980R000100090011-0