MEETING WITH THE FBI ON FOIA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83B00823R000800020007-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 9, 2016
• Document Release Date: March 6, 2000
• Sequence Number: 7
• Publication Date: June 16, 1975
• Content Type: MF

7,-a8'9
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16 JUN 1975
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MEMORANDUM FOR: Deputy Director for Administration
SUBJECT Meeting with the FBI on FOIA
1. On 12 June 1975 a meeting was held with represen-
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and the undersigned.
2. The meeting extended over about a two-hour period.
The Bureau agreed that the Third Agency material in each of
our files was a problem and both the Agency and the Bureau
agreed that we would prefer that no other agencies indicate
to a requester that it has our material in their files.
Bureau representatives also indicated that they find them-
selves in conflict with the Department of Justice on this
material but they feel that if we could discuss the matter
with responsible Justice officials and explain our problem,
perhaps we could get them to modify their position.
3. speaking for the DDO, briefed the
Bureau on our position on Third Agency material, i.e., that
it is not our material and has been defined out of our files.
He said that it was the DDO position that we should stick with
this position until the matter is tested in court. DDA repre-
sentatives were inclined to agree with ut felt that
we would probably lose in court and should ave a backup
position. The Bureau thought that the Agency position was a
highly desirable one but said that they already are admitting
the existence of Third Agency information on instructions from
the Department of Justice.
4. At the conclusion of the meeting it was agreed that
perhaps the best thing to do would be to define our position,
both a primary one and a secondary one, and then discuss the
matter with appropriate Justice Department officials after
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our problems had been explained to them. It was further
agreed that the Agency's position should be:
a. We continue to stick with our definition
of files until this position is overturned by the
court, or formally rejected in writing by the
Department of Justice.
b. If our primary position is rejected,
either by the court or Justice, we would treat FOIA
requests where Third Agency information is in our
files (from the FBI) as follows: (1) We would
answer the requester that we have information in the
same name as the requester emanating from another
Government agency which may or may not be identical
with the requester. The requester would be told
that the information would be referred to the other
Government agency for identification and if identical
that Agency would respond to the request.
5. The next course of action, as I see it, is for us to
coordinate that position within the Agency, including the
General Counsel's office. Once that is done we would arrange
with the FBI for another meeting with them which would include
their legal counsel and a Department of Justice representative.
From that meeting we would hope to get a policy position re-
garding the Third Agency Rule.
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Director of Security
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IN JAL
SE ONLY CONFIL TIAL ~~
] UNCLASSIFIED ^ U
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
Meeting with the FBI on FOIA
Charles W. Kane
Director of Security
TO: (Officer designation, room number, and
building)
FORM
3-62
USE PREY 5 DF6~t~i00823 U?WQR_' "4d
610 EDITIONS ^ SECRET AL USE ONLY
16 JUN 1975
COMMENTS (Number each comment to show from whom
to whom. Draw a line across column after each comment.)