TERMINATION SECRECY AGREEMENT -(Sanitized)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75-00793R000200160003-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 12, 2016
• Document Release Date: April 1, 2002
• Sequence Number: 3
• Publication Date: September 14, 1973
• Content Type: MFR

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OGC 73-1739
14 September 1973
OGC REVIEW
COMPLETED
MEMORANDUM FOR THE RECORD
SUBJECT: Termination Secrecy Agreement --
STATINTL
0
1. S) called to request the opinion of
this Office on a memorandum that subject employee had written
regarding his interpretation of the Termination Secrecy Agree-
ment. In my discussions with Mr. he claimed that
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written on his retirement and t a a agree wi h. STATINTL
2. The memorandum that Mr. has written
appears almost identical to that written by The
only exception being that of Mr. F_ J reference to his
new job. Apparently, this Office sees no legal objection to the
philosophy stated in the memorandum, or the method of stating
that philosophy. (OGC 73-1204 dtd 29 Jun 73).
3. In discussing the situation with
I assured him that he had every right to make his interpreta-
tion a matter of record; however, I noted that paragraph 3 on
the Termination Secrecy Agreement is identical with that of
the Entrance On Duty Secrecy Agreement. I agreed with him
that paragraph 3 was broad, but I thought it was certainly within
the legal bounds of the Director's responsibility (particularly
those for protection of intelligence sources and methods from
unauthorized disclosure). I told Mr. II that I thought
it unwise to try to speculate on any interpretation that a court
might give the paragraph as their decision would depend some-
what on the facts of the particular case.
STATINTL
STA
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4. Attached is the memorandum dated 14 September
1973 that Mr. 0prepared. He asked how he should sign
the Termination Secrecy Agreement and I suggested that he
could sign with the notation recording the existence of his
memorandum.
STATINTL
ATINTL OGC:
original - SECURITY
ATINTL 1 - II Signer
1 - Chrono
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14 September 1973
SUBJECT: Termination Security Agreement
1. In connection with processing for resignation, I will
be called upon to sign the termination security agreement presented
to me. I intend to sign it, but I would like to take this occasion
to clarify the meaning of that agreement to me, especially with
regard to paragraph three.
2. In its broadest interpretation, this agreement would
prevent me as an individual and a citizen froc making any statemItATINTL
whatsoever upon the role of intelligence in foreign policy makinSTATINTL
a subject which I will have to address in general terms in my new
job on the staff of
It
also would, in its broadest interpretation, prevent me from expressing
views on international relations.
3. I reject the broad interpretation which I have noted above.
I must, as a citizen and an individual, reserve nay right to write or
make statements upon the role of intelligence and upon international
relations, and I hereby d.o so.
4. This is not to say that I will cite classified sources in
doing so. I have, in sty years with this agency, exercised extreme
care in all security matters, and I am well aware of the dangers to
intelligence sources of thoughtless and politically-motivated
disclosure. Indeed there have been far too many of these by political
appointees of this government. But I also have had and will continue
to have a keen interest in the future of intelligence as such and in
the development of international affairs generally, and I must reserve
my right to address them so long as I do not disclose or compromise
intelligence sources or methods.
5. I would, of course, be in touch with appropriate agency
officials should occasions arise in which I make any public stat?ntTINTL
and in which there would be any question of disclosure.
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