RELEASE OF MILITARY INTELLIGENCE TO FOREIGN GOVERNMENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85S00362R000600110006-7
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 8
• Document Creation Date: December 19, 2016
• Document Release Date: November 29, 2006
• Sequence Number: 6
• Publication Date: May 2, 1958
• Content Type: MF

2 May 19SS
MEMORANDUM FOR: Secretary of State
SUBJECT
Release of Military Intelligence
to Foreign Governments
1. The current revision of the NSCID's seems an appropriate
time to raise a matter which has concerned me for some time.
2. NSCID I authorises the Director of Central Intelligence to
disseminate national and interdepartmental intelligences on a
strictly controlled basis to foreign governments upon his deter-
with the concurrence of the Intelligence Advisory
Committee (IAC) that such action would substantially promote
the security of the United States, provided that such dissemination
is consistent with existing statutes and Presidential policy.
3. One instrument of Presidential policy which applies to
tter is the Basic Policy Governing the Disclosure of Classified
Military Information to Foreign Governments (MIC 206/29). This
policy stems from the Presidential Directive of February Z?. 194b
which directed the Secretaries of State, War and Navy (subsequently
the Secretaries of State and Defense) to exercise control of the dis-
closure of classified military information to foreign governments.
Pursuant to the authority thus granted, the State?Defence Military
Information Control Committee functions as the agent of the Sec:re
taries of State and D3efense for developing, formulating and prom
gating policies and procedures governing the disclosure of classified
military informan tine, which includes military intelligence.
* Interdepartmental intelligence as herein referred to is construed
to mean "interdepartmental intelligence produced within the
LAG structure."
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4. Thus between NSCID I and the Basic Policy Governing
the Disclosure of Classified Military Information to Foreign
Governments there is an apparent conflict in authority with regard
to the releasability of military Intelligence when that military intel-
lfgence is part of national or interdepartmental intelligence. I
believe that it is essential to elim inert, any confusion or misinter-
pretation which may arise therefrom.
5. I recommend therefore that the Secretaries of State and
Defense formally acknowledge that their authority to exercise
central of the release to foreign gordruments of classified military
information under the Basic Policy Governing the Release of Classi-
fied Military Information to Foreign Governments will not be applied
to national intelligence and interdepartmental intelligence which may
contain military intelligence. The release of such intelligence will
be governed by the provisions of NSCIID I and will be in conformity
with criteria adopted by the LAC which will be consistent with the
criteria, prescribed is the Basic Policy Governing the Disclosure
of Classified Military Information to Foreign Governments.
6. If you agree with my recommendation I would appreciate
a written coirmatio:n. I am attaching a suggested draft memorandum
for that purpose as well ass copy of the criteria agreed to by the
IAC which will be formally adopted upon receipt of your agreement
to the foregoing.
. The above has the concurrence of the I.A.C.
i /
ALLEN W. DULLES
Director
Identical copy to: Secretary of Defense
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MEMORANDUM FOR : Director of Central Intelligence
Release of Military Intelligence to
Foreign Governments
1. By directive of 27 February 1946 the President directed the
Secretaries of State, War and Navy (subsequently the Secretaries of State
and Defense) to exercise control of the release to foreign governments of
classified military information, which includes military intelligence, in
accordance with the Basic Policy Governing the Disclosure of Classified
Military Information to Foreign Governments.
2. NSCID 1 authorizes the DCI with the concurrence of the IAC to
disseminate to foreign governments national intelligence and interdepart-
mental intelligence produced within the IAC structure. Such intelligence
frequently includes military intelligence.
3. Taking cognizance of NSCID 1 and of the criteria agreed to by
the IAC as set forth in the IAC document entitled Criteria and Conditions
Governing the Release of Intelligence to Foreign Governments by the IAC,
it is understood that the authority of the Secretaries of State and Defense
to exercise control of the release of classified military information under
the Basic Policy Governing the Disclosure of Classified Military Infor-
mation to Foreign Governments will not be applied to national intelligence
and interdepartmental intelligence produced within the IAC structure
which may contain military intelligence.
Secretary of State
SECRET
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CRITERIA AND'CONDITIONS GOVERNING THE RELEASE
OF INTELLIGENCE TO FOREIGN GOVERNMEM TS. BY THE IAC
1. Pursuant to NSCID.1 the Director of Central Intelligence is author-
ized to disseminate national intelligence and interdepartmental intelligence
produced within the Intelligence Advisory Committee structure on a strictly
controlled basis to foreign governments and international bodies upon his
determination with the concurrence of the Intelligence Advisory Committee.,
that such action would substantially promote the security of the United
3 tatess Provided. That such dissemination is consistent with existing
statutes and Presidential policy including that reflected in international
agreements; and provided further that any disclosure of FBI intelligence
information shall be cleared with that agency prior to dissemination. The
Presidential directive of 25 May 1953 sets forth the requirement for deter-
mining 'net advantage to the interests of the United States" prior to re-
leasing classified information to foreign governments. The release of AE
intelligence is governed by the provisions of the Atomic Energy Act of 1954.
2, The release of military intelligence is governed by "Basic Policy
Governing the Disclosure of Classified Military Information to Foreign
Governments.," as approved by the President on 27 February 19)46., and imple-
mented by MIC 206/29. However., the authority of the Secretaries of State
and Defense to exercise control of the release of classified military infor-
mation under this policy will not be applied to the release of national in-
telligence and interdepartmental intelligence produced within the IAC structure
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which may contain military,intelligence. Such release shall be governed by
the policy set forth in paragraph 1 and shall be in conformity with the
criteria listed below which are consistent with the criteria prescribed in.
MIC 206/29 (Revised).
3, Within the policy set forth in paragraph 1 the following additional
criteria characterize intelligence which should not be released by the IAC
to foreign governments:
a, Intelligence which may reveal sources and methods, such ass
i. A source or method of acquisition the revelation of which
might jeopardize the operation or existence of a covert intelli-
gence activity;
ii. A source or method of acquisition the revelation of which
might identify and thereby jeopardize the safety, welfare or
reputation of any individual connected therewith, or preclude the
future use of such source or individual in the collection of
intelligence or other activities;
iii. A source or method or acquisition which the recipient
nation might use for propaganda purposes against the United States,
or to impede a United States intelligence collection effort,
b. Intelligence on the recipient country or its possessions, de-
aendencies or domix}ionsv except that based upon i 'o -ation'.ebtainsc
:vith the consent of the recipient country, or from open sources.
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c. Intelligence which is overtly obtained from another foreign
government, or as the result of a combined effort with another foreign
government, except when the intelligence is received without restric-
tions as to its further release to third nations.
d. Intelligence, the possession or use of which by the recipient
nation would be likely to be harmful, derogatory or prejudicial to any
United States Government interest,
e. Intelligence, the release of which to foreign governments would
be contrary to United States federal legislation or to agreements or
treaties between the United States and foreign nations.
f. Intelligence, the release of which would be likely to be detri-
mental to the foreign,policy of the U.S.
h. In addition to the above, release of intelligence will be effected
only upon the satisfaction of the following specific conditions:
a. The recipient government will not release the information to a
third government without the approval of the United States. For the
purposes of this proviso, the United Kingdom and each of the Common-
wealth Nations are considered to be separate nations;
b. The recipient government will afford to the information substan-
tially the same degree of security protection afforded to it by the
United States;
c. The recipient government will not use the information for
other than national security purposes.
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5. The criteria and conditions for the release of intelligence set
forth above may be modified from time to time by the 7A.C upon the recommenda-
tion of any member thereof. In this connection, consideration will be given
by the IAC to the criteria and conditions which the State-Defense Military
Information Control Committee may adopt,, in order to assure that the criteria
and conditions of the IAG are consistent therewith.
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SENDER WILL*CHECK CLASSIF: `ION TOP AND BOTTOM
UNCLASSIFIED CONFIDENTIAL SECRET
CENTRAL INTELLIGENCE AGENCY
OFFICIAL ROUTING SLIP
UA 1 t
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3
4
DC1
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ACTION
DIRECT REPLY
PREPARE
REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks :
1. The attached identical letters to the
Secretary of State and Secretary of Defense
(together with the draft memorandum of
reply to the DCI and the Criteria and Condi-
tions Governiail the Release of Intelli pence to
Foreign Governments by the IAC) were
approved in this form by the IAC on 15 April.
2. They are forwarded for signature by the
Director.
FOLD HERE TO RETURN TO SENDER
FROM: NAME, ADDRESS AND PHONE NO.
DATE
ecretaz
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I A R 55 2 J/ Replaces Form 30-4 (40)
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