MEETING WITH THE FBI ON FOIA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83B00823R000800020005-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: March 6, 2000
• Sequence Number: 5
• Publication Date: June 16, 1975
• Content Type: MF

Approved For Release 2000/09/03.: CIA-RDP83B00823R000800020005-3
'16 JUN 1975
,-IFMORA''-TDLR,1 FOR: Deputy, Director for Administration
'ieeting` with the FBI on FOIA
1. On 12 June 1975 a meeting was held with represen-
FBI on FOIA. Present from the FBI were
and the undersigned.
2. The meeting extended over about a two-hour period.
The Bureau agreed,that the Third Agency material in each of
our files was a problem and both the Agency and the Bureau
agreed that we would prefer that no other agencies indicate
to a requester that it has our material in their files. - -
Bureau representatives also indicated that they find them-
selves in conflict with the Department of Justice on this
material but they feel that if we could discuss the matter
with responsible Justice officials and explain our problem,
perhaps we could get then to modify their, position.
3. speaking for the DDO, briefed the
Bureau on our position on Third Agency material, i.e., that
it is not-our material and has been defined out of our files.
He said that it was the DDO position that weeshould stick with
thin position until the matter is tested in court. DDA repre- 25X1A
sentatives were inclined to agree with but felt that
we would probably lose in court and"shou have a backup
position. The Bureau thought that the Agency position was a
highly desirable one but said that they already are admitting
the existence of Third Agency information, on instructions from
the Department of Justice,w
;. At the conclusion of the meeting it was agreed that
-perhaps the best thing '~.nto `do would be to define our position, ~
J!: '?T inary 0, nd a secondary one, ?n, then discuss the
elatt :, with appropriate Justice D--part:nt of ..ic als -'aiter
Approved For Release 2000/09/03 : CIA-RDP83B00823R000800020005-3"
 Approved For Release 2000/09/03 : CIA-RDP83B00823R000800020005-3
our ;problems had been explaine toshen. bIt:Was further ion *
agreed that the Agency s Pa
a. We continue to stici with our definition
of files until this position is overturned by the
court., or formally rejected in writing by the
Department of Justice.
b. If our primary position is rejected,
eit,er by the court or Justice; we would treat FOIA
requests where Third Agency information is indour_
files (from the FBI) as follows: (1) We
answer the requester we have fromtanoth erthe
same name as the requester
may not be identical
Government agency which may or
with the requester, The requester would be told
other
that the x.nfornatiowo~pdt~ficatian;eandoifhidentical
Government agency for
that Aency.wculd respond to the request.
n~
S. The ntixt course of action, as I see it, is for us to
coordinate that position within the Agency, inch.;ding the
-tould k,.neral Counsel's Office. O cethat
is them donwhie .4 ildaincl de
with the P3I for another meeting j
and a De)artren.t of Justice representative.
t?,e = r legal counsel get rom that neeting we would hope to gea policy position re-
garding the Tai-rd Agency Rule.
Distribution:
prig. F, 1 - Addressee
1 - PPG
1 - Chrono
DS/C IKane:rjw (13 Jun 7S) ?
Charles W. Kane
Director of Security
X.
Approved For Release 2000/09/03 : CIA-RDP83B00823R000800020005-3