RESPONSIBILITY FOR THE CONDUCT, SUPERVISION AND COORDINATION OF COVERT ACTION OPERATIONS

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-533-1-11-6
• Release Decision: RIFLIM
• Original Classification: T
• Document Page Count: 4
• Document Creation Date: January 11, 2017
• Document Release Date: November 27, 2012
• Sequence Number: 11
• Publication Date: February 16, 1970
• Content Type: MEMO

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THE WHITE HOUSE
WASHINGTON
TOP SECRET
National Security Decision Memorandum 40
TO:
NSS review
completed.
The Secretary of State
The Secretary of Defense
The Director of Central Intelligence
SUBJECT: Responsibility for the Conduct, Supervision and
Coordination of Covert Action Operations
I have determined that it is essential to the defense and security
of the United States and its efforts for world peace that the
overt foreign activities of the U.S. Government continue to be
supplemented by covert action operations.
By covert action operations I mean those activities which, although
designed to further official U.S. programs and policies abroad, are
so planned and executed that the hand of the U.S. Government is not
apparent to unauthorized persons.
The covert actions of the U.S. Government abroad shall be subject
to coordination and control by the Director of Central Intelligence.
All such covert action operations, unless otherwise specifically
assigned by the President, shall be carried out by the Central
Intelligence Agency. The Director of Central Intelligence shall be
responsible for assuring that covert action operations are planned
and conducted in a manner consistent with U.S. foreign and military
policies, and for consulting with and obtaining appropriate coordi-
nation from any other interested agencies or officers on a need-to-
know basis. The Director of Central Intelligence shall obtain
policy approval for all major and/or politically sensitive covert
action programs through The 40 Committee.
The 40 Committee as presently constituted consists of the Assistant
to the President for National Security Affairs as Chairman, the
Attorney General, the Under Secretary of State for Political Affairs,
the Deputy Secretary of Defense, and the Director of, Central
Intelligence.
The. Director of Central Intelligence will be responsible for insuring
44 annual review by The 40 Committee of all covert action programs
previously approved.
TOP SECRET
MORI C05469212
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. TOP SECRET
Also subject to The 40 Committee's policy review and specific
operational mission approval are the following programs origina-
ting in the Department of Defense: the monthly Joint Reconnais-
sance Center Schedule, missions of the National Reconnaissance
Organization and the National Underwater Reconnaissance Program.
Furthermore, any proposals for covert activities or operations
from agencies not represented on The 40 Committee shall be
subject to that committee's approval unless otherwise directed
by the President.
Covert action operations shall include any type of activity
necessary to. carry out approved purposes except that they will
not include armed conflict by regular militaryforces, or cover
and deception for active military operations by the armed forces
of the United States.
This directive supersedes and rescinds'NSC 5412/2.
cc: The Attorney General
The Assistant to the President
for National Security Affairs
yor SECRET
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_A-
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MEMORANDUM ?
TOP SECRET
MEMORANDUM
FROM:
SUBJECT:
THE WHITE HOUSE
FOR THE PRESIDENT
Henry A. Kissinger
Responsibility for the Conduct,Supervision and Coordination
of Covert Action Operations
WASHINGTON
44 ilegE;iCTION
February 16, 1970
'-C(57-tt? -FS
Attached at Tab A is a proposed National Security Decision Memorandum,
titled as above, which the 303 Committee unanimously endorses.
This directive is a new statement of policy affirming the necessity for
the continuation of covert action operations in a supplemental role to
the overt foreign activities of the U.S.. Government in its defense and
in its efforts for world peace.
It assigns to the Director of Central Intelligence responsibility for
coordination, control, obtaining of policy approval, and insuring
annual policy review for covert actions.
Policy approval is obtained through the committee now known as the
303 Committee. In view of recent mention of the 303 Committee in the
public media, the directive changes the committee name to coincide with
the number assigned to the NSDM itself, which is 40.
Also subject to the 40 Committee's policy review and specific operational
mission approval are certain specified programs originating in the Depart-
ment of Defense, as well as any proposals for covert activities initiated
by agencies not represented on the committee.
This NSDM supersedes and rescinds NSC 5412/2, dated December 28, 1955,
which is the existing policy authorization under which covert action
operations are approved and implemented.
RECOMMENDATION:
That you sign the attached National Security Decision Memorandum No. 40.
Attachment
Tab A
TOP SECRET
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-ts (C,J
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
5 February 1970
MEMORANDUM POR DR, KISSINGER
FROM: Frank Chapintlit-,
SUBJECT: Responsibility for the Conduct, Supervision and
Coordination of Covert Action Operations
ACT/ON
? Attached for your Signature is a memorandum to the President
transmitting for his signature National Security Decision
Memorandum No, 400 which Was approved by the 303 Committee
At its last meeting
After the N$DM is signed by. the President, T Will arrange with
Rill Watts for its limited distribution on a need-to-know
basis
At
Memdrandum for the president
with .Tab A.
TOP SECRET
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