PROCEDURES RELATING TO UNDISCLOSED PARTICIPATION IN DOMESTIC ORGANIZATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B01034R000100080072-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 19, 2016
• Document Release Date: December 21, 2006
• Sequence Number: 72
• Publication Date: July 28, 1979
• Content Type: REGULATION

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PROCEDURES RELATING TO UNDISCLOSED
PARTICIPATION IN DOMESTIC ORGANIZATIONS
For the purpose of implementing Section 2-207 of the
Executive Order 12036, the Director of Central Intelligence
(DCI) has established and the Attorney General has apcroved
the following procedures relating to undisclosed parti-
cipation in any organization within the United States by
employees of the Central Intelligence Agency (CIA), acting
on behalf of the CIA or Office of the DCI.
1. A CIA employee, acting on behalf of CIA or the
Office of the DCI, may not join or otherwise participate in
any organization within the United States, without dis-
closing his CIA affiliation to appropriate officials of the
organization (such participation is referred to in these
procedures as "undisclosed participation") except as it may
be found by the DCI or Deputy Director of Central Intelli
gence (DDCI) subject to the review of the Attorney General
to be essential to achieve a lawful purpose. This prohibition
does not, however, require a disclosure of CIA affiliation
if the participation is attendance at a public meeting, the
sponsors of which do not require or expect such a disclosure
as a condition of attendance.
2. A CIA employee may not undertake undisclosed
participation for the purpose of influencing either the
goals or activities of an organization or the organizational
activities of its members except in the case of an organi-
zation that is composed primarily of individuals who are not
United States persons and is reasonably believed to be
acting on behalf of a foreign power, as determined by the
Attorney General.
3. A CIA employee shall not request or otherwise
encourage, directly or indirectly another person to under-
take on behalf of CIA or the Office of the DCI any activity
prohibited by these procedures or any permitted activity
except pursuant to these procedures.
4. CIA will not knowingly store or disseminate outside
CIA, or to users within CIA, nonpublicly available information
concerning United States persons acquired through undisclosed
participation except as provided in Attorney General-approved
CIA procedures (Section 2-208 of E.O. 12036) governing the
collection, storage and dissemination of such information
concerning such persons.
rO
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PERMITTED ACTIVITIES
5. Undisclosed participation is permissible if it is
determined by the DCI or DDCI to be essential to achieve one
or more of the lawful purposes listed below. Any such
determination is subject to review by the Attorney General,
although it does not require such review. Lawful purposes
are:
a. to obtain training or education relevant to
CIA employment;
b. to obtain publications of organizations whose
membership is open to the general public;
c. to maintain or enhance the qualifications of
CIA employees, and to make it possible for them to stay
abreast of developments in their fields of professional
expertise;
d. to maintain the cover of CIA personnel, pro-
grams and facilities which are not publicly acknow-
ledged as such by the United States Government;
e. to develop associations and credentials to be
utilized for-purposes relating to foreign intelligence*
as for example by joining an organization to which an
employee would ordinarily be expected to belong if his
cover employment were his true employment;
f. to utilize individuals** on a witting or voluntary
basis who are members of an organization within the
United States to develop persons of foreign nationality
as sources or contacts*** for purposes related to
foreign intelligence*:
g. to place employees in an organization within
the United States to identify and develop persons of
foreign nationality as sources or contacts*** for
purposes related to foreign intelligence*; and
*The collection of foreign intelligence by the CIA
within the United States is the subject of other procedures
(those for sections 1-801 and 2-208 of E.O. 12036). Foreign
intelligence in the context used in paragraphs 5e, f, g, and
h, includes special activities.
**Nothing in these procedures shall preclude CIA from
receiving information voluntarily supplied by these individuals,
including information relating to United States persons.
All such information will be stored and disseminated in
accordance with the Attorney General-approved procedures
governing Section 2-208 of E.O. 12036.
***The investigation of a United States person as a
potential source or contact is the subject of other procedures
(those for Section 2-208 of E.O. 12036).
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h. to protect the degree of CIA interest in a
particular foreign intelligence* subject matter, but
limited to participation in an organization that permits
such participation by government employees in their
official capacities.
6. The Attorney General or his designee may also
approve undisclosed participation if:
a. The Attorney General or his designee finds
that the organization involved is composed primarily of
individuals who are not United States persons and that
there are reasonable grounds to believe it is acting on
behalf of a foreign power; and
b. The Attorney General or his designee approves
the purpose of the undisclosed participation.
7. In determining whether an undisclosed participation
is essential to achieve a lawful purpose, the DCI or DDCI
will take into account the following considerations:
a. the importance of the activity;
b. whether the purpose could be served if affi-
liation with CIA were disclosed;
c. whether the cover of CIA employees or faci-
lities would be compromised or jeopardized if affi-
liation with CIA were disclosed;
d. whether CIA sponsorship of contracts or
projects would be compromised if affiliation with CIA
were disclosed, but only to the extent that such
sponsorship may properly be concealed;
e. whether CIA's level of expertise or interest
in a particular field would be revealed, but only to
the extent that there are valid reasons for concealing
such information;
f. whether CIA's interest in and capabilities
concerning specific foreign intelligence objectives
would be jeopardized or disclosed; and
g. any adverse consequences, including embar-
rassment to any other person, that might result from
the undisclosed participation, and whether such con-
sequences outweigh the importance of the activity.
*See first footnote previous page.
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8. Except when the undisclosed participation is to
purposefully place employees in an organization within the
United States to identify and develop persons of a foreign
nationality as sources or contacts for purposes related to
foreign intelligence (paragraph 5g above), recommendations
to the DCI or DDCI for approval of undisclosed participation
need not be made on an individual case-by-case basis. Such
recommendations may cover a group of related cases. Each
recommendation will contain a statement of the facts and
circumstances relied upon to support a determination by the
DCI or DDCI that the undisclosed participation is essential
to achieve one of the lawful purposes noted in paragraph 5
above, in light of the considerations noted in paragraph 7
above and a delegation of authority in accordance with
paragraph 9 immediately below.
9. The DCI or DDCI may delegate the authority to
approve individual cases within a group of related cases of
undisclosed participation for the purposes enumerated in
paragraphs 5a, b, c, and h above to senior officials. Such
authority for the purposes of paragraphs 5d and e above may
be delegated to a deputy director or an immediate subordinate
thereof. Such authority for the purpose of paragraph 5f may
be delegated to the Deputy Director for Operations and the
Chief, Foreign Resources Division. Such authority for the
purpose described in paragraph 5g may not be delegated.
Senior officials are the chiefs of CIA stations, bases and
installations outside of CIA Headquarters and employees at
CIA Headquarters with, as determined by the DCI or DDCI,
equivalent or superior responsibility or authority.
10. All recommendations to the DCI or DDCI for a
determination that an undisclosed participation is essential
to achieve a lawful purpose shall be forwarded through the
General Counsel, CIA. All other recommendations will be
subject to, but not require, the review of the General
Counsel.
11. All recommendations to the Attorney General or his
designee pursuant to paragraph 6 above to approve an
undisclosed participation for the purpose of influencing
either the goals or activities of an organization or the
organizational activities of its members will be made by the
DCI or DDCI and will contain a statement of the facts and
circumstance; that the DCI or DDCI believe will support such
participation and a statement of the facts and circumstances
that the DCI or DDCI believe will support a determination
that the organization is composed primarily of individuals
who are not !iii.ted States persons and is believed to be
acting in beh?-if of a foreign power. Those recommendations
shall be for,11irded through the General Counsel, CIA.
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1.2. Where necessary, a recommendation to the Attorney
General, DCI or the DDCI may be oral, and authorization may
also be oral, but in these circumstances the recommendation
will otherwise be in conformance with these procedures and
will be confirmed as promptly as possible in writing.
13. All determinations made under these procedures
shall specify the duration of the participation, not to
exceed twelve months and shall include provisions to insure
that such participation is limited in its nature, scope and
duration to that necessary to achieve the lawful purpose.
14. Nothing in these procedures shall preclude CIA
employees from representing that they are employed by an
organizational component of CIA as long as that component
has been officially and publicly acknowledged as a part of
CIA.
15. Nothing in these procedures shall prohibit the
retention or dissemination of information necessary for the
purpose of determining or assuring that the requirements of
these procedures are satisfied.
16. All questions as to the coverage and interpretation
of these procedures will be resolved by the General Counsel,
CIA, in consultation where there is a significant new legal
question, with the Department of Justice. The DCI may
modify these procedures upon the express approval of the
Attorney General.
17. For the purposes of this approval:
a. "Acting on behalf of a foreign power" includes
but is not limited to all activities of an "agent of
a foreign power" when a person is acting in that capacity.
b. "Acting on behalf of CIA or the Office of the
DCI" means acting in the course of an employee's
official duties rather than acting in the employee's
private capacity for a personal purpose. The term
includes arrangement pursuant to which CIA pays dues,
membership or attendance fees for a CIA employee to
join or participate in an organization with the United
States but does not include private membership or
participation in such an organization in which any
Federal employee might ordinarily join or participate
as a private citizen.
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c. "Agent of a foreign power" means
(1) a person who, for or on behalf of a foreign
power, is engaged in clandestine intelligence
activities (including clandestine activities intended
to affect the political or governmental process),
sabotage, or international terrorist activities,
or who conspires with or knowingly aids or abets
such a person in engaging in such activities;
(2) a person who is an officer or employee
of a foreign power*;
(3) a corporation or other entity that is owned
or controlled directly or indirectly by a foreign
power;
(4) a person acting in collaboration with an
intelligence or security service of a foreign
power who has, or has had, access to information
or material classified by the United States; or
(5) a person unlawfully acting for or pursuant
to the direction of a foreign power, provided that
the fact that a person's activities may benefit
or further the aims of a foreign power, standing
alone, is not sufficient to support a finding
that a person'is acting for or pursuant to the
direction of a foreign power.
d. "Attorney General" includes the Acting Attorney.
General.
*"Officer or employee of a foreign power" includes
foreign nationals in the United States who are acting in
an official capacity on behalf of a foreign power, attached
to a foreign diplomatic establishment or an establishment
under the control of a foreign power, or employed by a public
international organization or organization established under
an agreement to which the United States is a party.
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e. "Appropriate officials of the organization"
means any official of the organization reasonably
believed to be authorized to act on behalf of the
organization in relation to the activity in question.
f. "Clandestine intelligence activity" means an
activity conducted for intelligence purposes or for the
purpose of affecting political or governmental processes
by or on behalf of a foreign power in a manner tending
to conceal from the United States Government the nature
or fact of such activity or the role of such foreign
power, and any knowing activity conducted in support
of such activity.
g. "Deputy Director of Central Intelligence" and
"DDCI" includes the Acting Deputy Director of Central
Intelligence.
h. "Director of Central Intelligence" and "DCI"
includes the Acting Director of Central Intelligence.
i. "Employee" means a person employed by, assigned
to, or acting for CIA or the Office of the DCI.
j. "Foreign intelligence" means information
relating to the capabilities, intentions and activities
of foreign powers, organizations or persons, but not
including counterintelligence except for information on
international terrorist activities.
k. "Foreign power" means
(1) a foreign government or any component there-
of, whether or not recognized by the United States;
(2) a faction of a foreign nation or nations, not
substantially composed of United States persons;
(3) an entity that is openly acknowledged by a
foreign government or governments to be directed and
controlled by such foreign government or governments;
(4) a foreign-based group engaged in international
terrorist activity; or
(5) a foreign-based political organization not
substantially composed of United States persons.
1. "International terrorist activities" means any
activity or activities which:
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(1) Involves killing, causing serious bodily
harm, kidnapping, or violent destruction of property,
or an attempt or credible threat to commit such
acts;
(2) Appears intended to endanger a protectee
of the Secret Service or the Department of State
or to further political, social or economic goals
by intimidating or coercing a civilian population
or any segment thereof, influencing the policy of
a government or international organization by
intimidation or coercion, or obtaining widespread
publicity for a group or its cause; and
(3) Transcends national boundaries in terms
of the means by which it is accomplished, the
civilian population, government, or international
organization it appears intended to coerce or
intimidate, or the locale in which its perpetrators
operate or seek asylum.
M. "Organization within the United States"
includes unincorporated associations, including legal
entities of all types (partnerships, clubs, charitable
and fraternal groups, academic institutions and other
similar types of groups), organized in the United
States or substantially composed of United States
citizens or aliens admitted for permanent residence and
corporations incorporated in the United States. Such
term does not include a foreign branch of an organi-
zation located in the United States or an organization
located outside the United States which is affiliated
with an organization located in the United States.
n. "Special activities" means activities conducted
abroad in support of national foreign policy objectives
which are designated to further official United States
programs.and policies abroad and which are planned and
executed so that the role of the United States Government
is not apparent or acknowledged publicly, and functions
in support of such activities, but not including diplomatic
activity or the collection and production of intelligence
or related support functions.
o. "United States," when used to describe a
place, includes the territories of the United States.
p. "United States person" means
(1) a citizen of the United States;
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(2) an alien lawfully admitted for permanent
residence, provided that a person outside the United
States may be presumed not to be a United States person
until information to the contrary is obtained and
provided, further, that an alien known to have been
admitted for permanent residence in the United States
may be presumed to have lost his status as a United
States person if he leaves the United States and it is
known that he is not in compliance with the administrative
formalities provided by law (8 U.S.C. section 1203)
that enable such persons to reenter the United States
without regard to the provisions of law that would
otherwise restrict an alien's entry into the United
States;
(3) an unincorporated association organized in
the United States or substantially composed of United
States citizens or aliens lawfully admitted for permanent
residence; provided that unincorporated associations
outside the United States may be presumed not to be
United States persons until information to the contrary
is obtained; or
(4) a corporation incorporated in the United States.
A corporation or corporate subsidiary incorporated
abroad, even if partially or wholly owned by a corporation
incorporated in the United States, is not a United
States person.
A person in the United States shall be presumed to be a
United States person unless information to the contrary
is obtained.
q. "User within CIA" means any CIA employee
except those employees authorized to have access to the
information solely for the purpose of determining
whether the requirements of these procedures are satisfied
The only persons so authorized are:
(1) the person initially acquiring the infor-
mation;
(2) a person in the direct chain of command, both
abroad and within the United States, of the person
initially acquiring the information and designated
advisors thereto;
(3) The Inspector General and his designees; and
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(4) attorneys in the Office of General. Counsel.
The Office of General Counsel will be apprised of and
will maintain a list of designees. (U)
18. These procedures shall become effective 30 days from
th
d
t
e
a
e they are approved by the Attorney General.
28 July 1979
Date Director o astral Intel ence
I approve the foregoing procedures in accordance with
subsection 2-207 of Executive Order 12036. In my opinion
undisclosed participation by CIA employees in domestic
organizations conducted pursuant to and in accordance with
these procedures is lawful.
Date Attorney General
00080072-7