HANDLING OF DOCUMENTS FOR OTHER AGENCIES UNDER THE FREEDOM OF INFORMATION ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83B00823R000800020004-4
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 4
• Document Creation Date: December 9, 2016
• Document Release Date: March 6, 2000
• Sequence Number: 4
• Publication Date: June 25, 1975
• Content Type: MF

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MEMORANDUM FOR: Deputy Director for Administration
FROM Director of Security
SUBJECT Handling of Documents from Other Agencies
Under the Freedom of Information Act
1. Action Requested: This memorandum concerns a
problem related to the handling of Third Agency documents
under the Freedom of Information Act, and requests your
approval of an Agency position to resolve the problem.
2. Basic Data:
a. On 12 June 1975, a meeting was held with
representatives from the Federal Bureau of Investigation,
the Operations Directorate, and other components of the
Administration Directorate to discuss handling procedures
regarding Freedom of Information Act requests involving
documents from other agencies. During the meeting, it
was agreed by the Agency and Bureau attendees that both
organizations would prefer that no other agency advise an
FOIA requester that it has FBI or CIA material in its files.
The FBI representatives were advised that materials from
other agencies have been defined out of our files and are
not acknowledged in our response to the requester.
b. The Bureau representatives agreed with our
position but noted that they are in conflict with the
Department of Justice on this matter, and are admitting
the existence of Third Agency information upon instructions
from the Department of Justice. The Bureau representatives
feel that if we could discuss the matter with responsible
Department of Justice officials and explain our position,
the Department of Justice may modify their position. At
the conclusion of the meeting, it was agreed that the best
course of action would be to define our position, both a
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primary one and a secondary backup position, and then
discuss the matter with appropriate Department of Justice
officials after our problems have been explained to them.
It was further agreed that the Agency's position should be:
(1) We continue to adhere to our present
system of handling Third Agency documents until this posi-
tion is overturned by the court or formally rejected in
writing by the Department of Justice.
(2) If our primary position is rejected either
by the court or the Department of Justice, we would treat
FOIA requests where Third Agency information is in our files
(from the FBI) in the following manner. We would answer
the requester that we have information in the same name as
the requester emanating from another government agency which
may or may not be identical with the requester. The requester
would be told that the information would be referred to the
other government agency for identification, and if identical
that agency would respond to the request.
3. Recommendation: It is recommended that you approve
the primary and secondary positions regarding our handling
of Third Agency documents. If approved, I will then arrange
for another meeting with Federal Bureau of Investigation
personnel, which would include their legal counsel and a
Department of Justice representative, to formulate a policy
position regarding the Third Agency Rule in Freedom of Infor-
mation Act matters.
c Char-Les W. Kane
Director of Security
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SUBJECT: Handling of Documents from Other Agencies
Under the Freedom of Information Act
STATINTL
Deputy Director for Operations
Joh S. Warner
General Counsel
STAT!~NTL
APPROVED
Distribution:
Original - Return to OS
2 - DD/A
1 - DD/O
1 - General Counsel
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 W CLASSIFIED
Charles W. Kane DATE 2 5 JUN 1975
Director of Security 6777
TO: (Officer designation, room number, and
building)
Deputy Director
for Operations
Room 7E 26, HQS
3.
General Counsel
Room 7D 01, HQS
S, Deputy Director
for Administration
Room 7D 26, HQS
7.
Return to D/Security
Room 4E 60, HQS
Approved For Release 2002/05/02: CIA-RDP83800823R0008000 004-4
II INAL ^ CONFL _ATIAL SECRET
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Handling of Documents from Other Agencies
Under the Freedom of Information Act
ROUTING AND RECORD SHEET
FORM 610 USE EDPRE sus RsMA1623ROO s o j@Qj SI F I ED
3-62 El SECRET CONF I DEN L USE ONLY