REVISION OF DCID 1/7

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP82M00591R000400020002-5
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
5
Document Creation Date: 
December 19, 2016
Document Release Date: 
September 21, 2005
Sequence Number: 
2
Case Number: 
Publication Date: 
August 16, 1979
Content Type: 
MF
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PDF icon CIA-RDP82M00591R000400020002-5.pdf312.61 KB
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Approved For ReJ jse 2005/12/05: CIA-RDP82M00 0002U-5 SR FILE 16AUG1979 MEMORANDUM FOR: Chief, Special Security Center un% member, security Committee SUBJECT: Revision of DCID 1/7" REFERENCE: Memo from CIA Member, DCI Security Committee, dated 2-July 1979, same subject (OS 9 1623) 1. As stated in subparagraph a of reference (copy attached), certain components within CIA have voiced strong concerns regarding the disappearance of the NOFORN caveat from the pro- posed draft revision of DCID 1/7. The DCI Security Committee has been alerted to these concerns and verbally advised that the CIA was attempting to coordinate, with the concerned CIA components, a proposed NOFORN draft paragraph to be reinstated in the revised DCID 1/7. Coordination has been completed and you will find our proposed draft NOFORN paragraph attached. As you will note, this proposal represents, in essence, a return to the format: and language of the current (18 May 1976) DCID 1/7 NOFORN paragraph, but, at the same time, incorporates and expands on the DIA proposed draft NOFORN paragraph. Further, the NSA proposal for the return of the NOFORN caveat to cover intelligence controlled under DCID 6/2 is incorporated in the attached draft. 2. It is noted that revitalization, in any form, of NOFORN as a sensitivity marking in the revised version of DCID 1/7 will require a corresponding elimination of "NO FOREIGN DISSEM" as an obsolete marking as set forth on page 8, paragraph 9, the last sentence, of the proposed revision of DCID 1/7. 3. In addition to the NOFOR' issue, additional CIA recommendations and concerns regarding the revision of DCID 1/7 are contained in the referenced memorandum to SECOM, As set forth in subparagraph d of the attached reference, one of the areas of concern, now shared by the Office of General Counsel (OGC), regards the 0 control marking. 0GC has advised ~/r Approved For Release 2005/12/05: CIA-RDP82M00591R0004520Q02-5~D Approved For Rel,se 2005/12/05 : CIA-RDP82M00591 8400020002-5 that they are pursuing with the U. S. Department of Justice the legal ramifications of the use of II on an un- classified document. A final legal opinion regarding this matter will be forwarded as soon as received from OGC, and will hopefully be available to you prior to 23 August 1979 (the next scheduled meeting of the SECOM Compartmentation Subcommittee). 4. During the coordination process regarding the NOFOR,N paragraph, additional concerns were brought out regarding the ORCON and REL (--) control markings and the proposed wording of certain sections of the draft revision of DCID 1/7. These concerns/suggestions and the rationale for them are set forth as follows (changes/additions in wording are underlined): a. Experience has indicated that even though the "primary referent" mechanism is supposedly operative and a provision of the current DCID 1/7, it has, in fact, not been put into effect. Individ- ua-~ Intelligence Community organizations have not designated "primary referents" to expedite the flow of intelligence to the appropriate end-user or con- sumer. This failure has occasionally resulted in the waste or misdirection of large amounts of RFD funds. In an effort to rectify this problem, the following change is proposed for paragraph 2, sub- paragraph b, page 2, sentence 5: . . will designate a primary referent to ensure that these procedures are available and un erstoo con- sumers within eac or anization. The referent will, in turn, serve as a channel through which intelligence consumers can seek relief from certain controls (the unction o the re erent will in no way impinge on existing regulations for the ha 1 iota , securit sseminnatz n and use o intelligence in corn artrne ntod or restricted c annels Originators prompt y. Rationale: The above wording will place added emphasis on the necessity to designate a "primary referent" and clarify the primary referent's role in securely facilitating the orderly flow of intelligence to the appropriate end-recipient. b. The primary concern regarding the AUTHORIZED FOR RELEASE TO, (country(ies)) control marking is that the marking itself provides no instruction or warning to the foreign recipient of the material. It is recognized that the currently proposed DCID 1/7 Approved For Release 2005/12/05 : CIPORDP82M00591 R000400020002-5 Approved For Re{se 2005/12/05: CIA-RDP82M00591 RQ400020002-5 (paragraph 6e) stipulates that material predetermined to be releasable to a foreign country(ies) may not be disseminated further without approval of the originator. This restriction presupposes that the foreign recipient is fa*~-liar with DCID 1/7 or more likely any "third party" constraint agreement between the United States and the recipient foreign country(ies). To. address this con- cern and allow for the possible lack of aware- ness on the part of foreign recipients, it is recommended that the word ONLY be added to this control marking after the (country(ies)) designator. Therefore,_the control marking -? would read: AUTHORIZED FOR RELEASE TO (country(ies)) ONLY. This control marking may be abbreviated REL (country(ies)) ONLY. Rationale: The rationale for this change is set forth above, but concisely put, it is to add a visual "flag" to the REL ( ) ONLY control marking to alert the recipient for ie gn government(s) that the material is not to be disseminated further without the approval of the originator. c. It is suggested that the clauses be inverted in the sentence beginning on line 4, paragraph 6, subparagraph a(2), page 5, to read as follows: "In making such assessment, consideration should be given to reducin__g_ the risk to the int,elli ence sources or or methods which provided the intelligence by sanitizing or ara rT assn tie information so as to permit its wide dissemination." Rationale: This change would place the emphasis on the purpose of reducing risk and subordinate the means by which this purpose would be achieved. d. It is suggested that paragraph 6, sub- paragraph b(2), the first sentence, be changed to read as follows: "Information bearing this marking may not be disseminated beyond the Head- quarters elements5 of the recipient organizations and may not be incorporated in all or in part into other reports or briefings without . . . originator." Footnote 5 would, in turn, be revised to read: "At the discretion of the originator, the term 'Headquarters elements' may include subordinate intelligence-producing components." Approved For Release 2005/12/05 : CIA-RDP82M00591 R000400020002-5 3 Approved For ReIWe 2005/12/05 : CIA-RDP82M00591 R . A00020002-5 Rationale: It is felt that occasionally an overly strict interpretation of the phrase "headquarters of the recipient organization," coupled with intelligence distribution system deficiencies outside the CIA, have inhibited the flow of Directorate of Operations intelli- gence to intelligence-producing components and end-users (with a clear need-to-know) which are subordinate to recipient organizations. This suggested change is designed to encourage recipient organizations (specifically, primary referents) to work closely with intelligence- originators/collecting agencies to ensure that consumers with a clear need-to-know receive information relevant to their tasking. The added phrase "or briefings" is designed to provide additional protection to information bearing ORCON control. e. Paragraph 6, subparagraph b(2), page 6, with the sentence beginning on line 2, should be changed to read: ". . . and that timely procedures, per paragraph 2b above, are estab- lished . . . marking." Rationale: This change will link.the procedures ,for the release from ORCON control with the role of the primary referent (see recommendation a above) in facilitating such relief. Attachments (.2) Distribution: Orig - Adse 1 - DD/SEC PPG Chrono 1- OS Registry OS/P&M/PPG/cbt 13 August 1 Approved For Release 2005/12/05 : CIA-RDP82M00591 R000400020002-5 Approved For Ree 2005/12/05 CIA-RDP82M00591 RQ00400020002-5 PROPOSED DRAFT NOFORN PARAGRAPH TO DCID 1/7 "f. NOT RELEASABLE TO FOREIGN NATIONALS (NOFORN)" (1) Classified intelligence so marked means that the originator has predetermined that the release of the material in any form to foreign governments , fo i_ ng nationals or non- U. S. citizens is not appropriate. Originators may be requested to waive their determination. (2) Examples of when this control marking may be applied are as follows: (a) jVhen there would be a possible compromise of the status of relations with collaborating. foreign governments or officials. (b) When intelligence controlled under DCID 6/2 would be jeopardized.. (c) When intelligence has been officially or unofficially obtained from a foreign government or national with the implied or explicit under- stgnding that it not be given to any other country. (d).When the continuin viabilit of vital, technical collection programs would be jeopar ized. (3) This marking may be abbreviated NOFORN. Approved For Release 2005/12/05 : CIA-RDP82M00591 R000400020002-5