CIA CLASSIFIED NON-DISCLOSURE AGREEMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01390R000200290018-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 27, 2016
• Document Release Date: December 13, 2012
• Sequence Number: 18
• Publication Date: February 8, 1986
• Content Type: MEMO

Declassified in Part - Sanitized Copy Approved for Release 2012/12/13: CIA-RDP90B01390R000200290018-8
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MEMORANDUM FOR
NATIONAL SECURITY COUNCIL
? WASHINGTON, D.C. 20506
February 8, 1986
Executive Secretary
Central Intelligence Agency
SUBJECT: CIA Classified Non-disclosure Agreement
There appears to be a misunderstanding between CIA and 1500 in
the interpretation of the NSDD 84 provision requiring non-
disclosure agreements to be in a format legally enforceable in
civil actions brought by the United States. Pursuant to the
NSDD, a classified non-disclosure agreement meeting this standard
was developed by an interagency task force chaired by ISOO and
attended by representatives of CIA, the DCI Security Committee
and DOJ.
In mandating use of the new agreement, SF 189, it was recognized
that some agencies already had more stringent non-disclosure
agreements in use and thus a procedure to waive the requirement
was provided. That procedure requires each agency using an
alternate agreement to request a waiver from the NSC through the
ISOO, whose responsibilities include ensuring the Department of
Justice has determined that the respective form is enforceable
and providing an Annual Report to the President on the progress
of implementation of NSDD 84.
The DCI's memorandum of 24 December 1985, seems to suggest that
the CIA is exempt from compliance with this provision relating to
NSDD 84 as a result of section 102 (d) (3) of the National
Security Act of 1947. There is, however, no apparent conflict
between the provisions of the National Security Act and the
necessity that CIA comply with this aspect of NSDD 84. In
seeking agency wide compliance with the requirement to request a
waiver from using SF 189, the ISO() Director, who under Executive
Order 12356 receives policy direction from the NSC, is complying
with instructions. The NSC recently directed ISOO to include in
its Annual Report to the President an update on agency implement-
ation of the SF 189.
The fact that the current CIA secrecy agreement is more stringent
than the SF 189 in protecting classified information is evident
from the fact that it has been determined to be legally enforce-
able. The requirement to use the NSDD 84 mandated SF 189 is
therefore waived for the CIA, and the Director of ISO() will so
note in his Annual Report to the President.
Rodney . McDaniel
Executive Secretary
Declassified in Part - Sanitized Copy Approved for Release 2012/12/13: CIA-RDP90B01390R000200290018-8
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