LETTER TO HONORABLE STANSFIELD TURNER FROM JAMES B. RHOADS

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP81-00142R000600050001-3
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RIPPUB
Original Classification: 
K
Document Page Count: 
24
Document Creation Date: 
December 14, 2016
Document Release Date: 
October 7, 2002
Sequence Number: 
1
Case Number: 
Publication Date: 
December 19, 1978
Content Type: 
LETTER
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PDF icon CIA-RDP81-00142R000600050001-3.pdf1018.79 KB
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Approve iRele`?fi/04/17: at1RDPBTr~'~v41000600050001-3 1L~~ Administration Records Service Washington, DC 20408 DEC 19 1978 Honorable Stansfield. Turner Director Central Intelligence Agency Washington, DC 20505 Dear Admiral Turner: As you know, Executive Order 12065, National Security Information, became effective on December 1, 1978. Section 3-402 of the Order requires the heads of certain agencies to issue guidelines within 180 days for the systematic review of 20-year--old classified information under their jurisdiction. That section also provides that the guidelines will be issued after consultation. .with the Archivist of the United States. In order for the National Archives to effectively carry out its respon- sibilities under the Executive Order, it is essential that agencies issue their guidelines by the May 31 deadline. Accordingly, I am writing to you and to the heads of other affected agencies to urge that you give this matter your immediate attention. For your information, I am enclosing reproductions of any guidelines issued by your agency under Executive Order 11652 and an outline of the major topics which I feel must be covered in your systematic review guidelines. I have designated Mr. Edwin A. Thompson, Director of our Records Declas- sification Division, as the person responsible for consulting with all agencies preparing systematic review guidelines under Executive Order 12065. Mr. Thompson's telephone number is 523-3165. The person or group in your agency responsible for development of the systematic review guidelines should contact Mr. Thompson in the next few weeks to schedule an initial meeting. Sincerely, JAMES B. RHOADS Archivist of the United States Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001-3 Approved For Release 2003/0 Oa142R00"@0050001-3 DDIA R? lStry 14 N OV 1978 >' r 25X1A M WAN 4 FOR: Acting Deputy Director for Administration FRIN Chief, Information Systems Analysis Staff SU'BJEGT : Implementatian of E.O. 12065 (U) Attached under the following tabs are the proposed basic documents developed by the Classification/Declassification, Markings and Training Task Forces for implementing E.O. 12065: Tab A - Regulation Tab B - Implementation Handbook Tab C - Issues Paper Tab D - Waivers Paper (U) All of the information submitted has been reviewed by a committee consisting of the Chairmen of the above cited Task Forces, an OGC representative and the Chief, Information Systems Analysis Staff. In addition, a representative from the Office of Security participated in the initial review of the handbook but was not available for the final review of this item. (U) The above material is now ready for review by your committee and individual packages are included for distribution to each der under a memoram mi for your signature. 25X1A 25X1A 25X1A 1s1 A/ Classih s ca ion Tra Task -TUr'Ce Task Force MrKlngS Task Force Office of General. Counsel Representative Approved For Release 2003/04/17: CIA-R 1-00142R 25X1 Approved For Rele a 2dOlBA' cl/1 IA LP81-OO142ROOO 0005O 14 iOV1978 MEMORANDUM FOR: Deputy Director for Operations (Attention: Eloise Page) Deputy Director for Science and Technology (Attention: Ernest J. Zellwer) Director, National Foreign Assessment Center (Attention: Sayre Stevens) 25X1A general Counsel (Attention: FROM : Michael J. teal an i ck Acting Deputy Director for Administration SUBJECT: Implementation of E.D. 12065 Attached for your review are the followir documents developed by the Classiflcation/Decia!gfication, Markings and Training Task Forces for the proposed implementation of E.O. 12065: Tab A - Regulation - Responding to the new requirements contained in E.O. 12065 will require that chances be made in a number of existing Agency regulations. Because of the time frame involved, only those items considered to be of prime importance have been addressed and are ready for approval at this time. Tab B - I lamentation Handbook - Except for two noted exceptions. handbook that has been developed should contain all the information Agency employees need to understand and implement the requirements established by E.O. 12065. The two exceptions cited above are mandatory review, which is covered briefly in paragraph 16 Approved For Release 2003/0 1PJtOOl42ROOO6Ot9O50001as- nc si ied when Detached C0ri!, Approved For Release 2003/04/1 SUBJECT: Implementation of E.O. 12065 Distribution: One - Each Addressee I - DDA Subject I - ODA Chrono I - AI/DDA I - C/ I SAS I - RAB Subject I - RAS Chrono 00A/ISAS ad (14 November 1978) 25X1A Approved For Release 2003 /17 :-dtA-RDP81-00142R000600050001-3 C 'FI E TIA[ STATINTL Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001-3 Next 28 Page(s) In Document Exempt Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001-3 Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001-3 STATINTL STATINTL STATINTL ISSUES PAPER A. Centralization of Authority One of the aims in the drafting of centralize to the optimum, responsibility for implementing and directing the program required by the new Executive Order. As a result, the following officials have been identified as having responsibility for: Deputyy Director for Administration - Conducting an active Oversight Program to ensure effective implementation of E.O. 12065. I _I Chairing an Agency committee with authority to act on all suggestions and complaints with respect to the Agency's administration of the Information Security Program. Assistant for Information to the Deputy Director for Administration I Oversight Office. Agency Security Classification Officer/ISAS/DDA STATINTL Paragraph 8.b - Serving as the focal point for all Agency component requests for Top Secret, Secret, Confidential and Derivative classification authority, including the preparation of consolidated submissions for DCI approval of those requests for Top Secret authority considered to be adequately justified. Paragraphs 12B, footnotes 1 and 3; 1261, footnotes 1 and 3; 1262, footnote 1; and 12G1 - Approving any alternative methods of marking. Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001-3 - Maintaining liaison with the Information Security Approved For Ra se 2003/04/17: CIA-RDP81-00142R041.600050001-3 Although some questions were raised on the proposed role of the Agency Security Classification Officer, it was considered that centralized control is required in both of the above areas to ensure that uniform practices are followed and to enable the Agency to meet the accountability requirements of E.O. 12065. D. Markings - Paragraph 12b(l)(2) and g(2) 1. Markings Required on Face of Paper Copies Paragraph 12b(l) deals with markings that "shall be shown on the face of all paper copies of originally classified documents at the time of origin". This requirement caused particular problems for NFAC and DDS&T who for aesthetic reasons print all markings (except level of classification on the inside front cover. We have allowed for this to continue; however, it is in conflict with the Order. 2. Unique Identifiers The classification markings proposed for original or derivatively classified documents may, because of their uniqueness, tend to identify any document so marked as being of CIA origin. The only apparent solution for this problem would have been for the Intelligence Community, or the Government as a whole, to have agreed upon the use of standard classification markings. This situation was not considered to be any more serious than the similar situation under E.O. 11652 when the Agency used the unique abbreviation "E 2 IMPDET" when State Department, for example, used "XGDS2". Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001-3 Approved For Reuse 2003/04/17: CIA-RDP81-00142R09600050001-3 STATINTL C. Forms - Paragraph 12G4 Specifies that existing stocks of pre-marked forms may be used until depleted or until 1 December 1979, whichever is sooner. E.O. 12065 does not allow for such actions; but to revise, print and issue the approximate one thousand pre-marked forms currently in use was, in addition to the costs involved, considered to be an administrative impossibility. D. Category g Items - Paragraph 9g Classification requirements category (g) - "other categories of information which are related to national security and which require protection against unauthorized disclosure...". Several Directorates submitted items to be classified under the above cited "catch all" category provided for in E.O. 12065. The drafters of 0 felt strongly that except for personal jeopardy, all other items submitted could and should be covered under one of the other a through f categories of the Order. Failure to do so, it was felt, would generally weaken the entire Classification Guide package and bring the Agency into direct conflict with ISOO over this issue. As a result, the decision was made to exclude the items in question from being placed under category g and raise this action as an issue requiring final resolution. E. Handbook There was not total agreement among the four task forces created to deal with E.O. 12065 as to whether procedures dealing with the implementation of the new order should be published as a separate handbook or be made a part of other Regulatory Issuances. Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001-3 Approved For Release 2003/04/17: CIA-RDP81-00142R N600050001-3 Three task forces (Markings, Classification/Declassification/Mandatory Review, and Training) felt that the use of a single handbook which was entirely devoted to the implementation of the new order would provide the ultimate user with the most convenient and most readily useable source information on the entire subject. The Safeguarding Task Force felt that a separate handbook was not the best approach and opted for publishing their procedures in other Regulatory Issuances. The end result is that the proposed handbook deals in detail with all aspects of implementing the new order except for safeguarding. Safeguarding has been included as a separate chapter but will only refer to the appropriate Agency Regulations where specific information can be found. F. In the following three instances, the proposed CIA implementing directives impose more restrictive operating procedures than those required by E.O. 12065. 1. Paragraph 12b(2) - Requires that the identity of all employees exercising derivative classification authority be noted on each document they classify through use of an employee number or other approved identifier. This requirement is considered necessary to ensure that individuals exercising derivative classification authority be held responsible for their actions. 2. Paragraph lle - It is proposed that when Classification Guides are approved and issued, original classifiers use their original classification authority only when applicable Classification Guides do not Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001-3 cover the information being classified. Approved For Reuse 2003/04/17 : CIA-RDP81-00142ROQ&600050001-3 3. Paragraph llg - Requires that the DDCI approve the application and use of the four Classification Guides as the Central Intelligence Agency Classification. Guide, although the Executive Order allows for approval by any official with Top Secret classification authority. Such approval by the DDCI is considered necessary to establish that the Agency has an official Classification Guide; that all parts of this Guide are as consistent as possible; and that all problems associated with the development and use of Classification Guides are resolved as quickly as possible. G. Availability and Use of All Classification Guides throughout the entire Agency - Paragraph ll.i. It is recognized that certain portions of the Classification Guides may be considered so sensitive by the originating component that their distribution to, or use by, other components of the Agency should be restricted. Therefore, it may become necessary to establish some type of mechanism to handle the needed exchange of Classification Guides throughout the Agency. H. Which Employees Will be Authorized to Use Classification Guides - Paragraph 6.d. Because the unrestricted use of Classification Guides by all Agency employees does not seem prudent, it is proposed that Directorates and Independent Offices will have to determine within their jurisdiction those individuals who have a legitimate need to exercise derivative classification authority. Furthermore until 1 April 1979 Paragraph lld restricts the use of Classification Guides to only those individuals Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001-3 having original classification authority. Approved For Release 2003/04/17: CIA-RDP81-00142RM600050001-3 I. Where and when will responsibility be placed, within CIA and the Intelligence Community, for developing the special procedures for systematic review and declassification of classified information concerning the identities of clandestine human agents that the Director of Central Intelligence may establish? J. When will SECOM provide the procedures required for SCI? Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001-3 Approved For Release 2003/04/17 :SG~~A-I`bP81-001428000600050001-3 WAIVERS PAPER 1. Executive Order 12065 requires that each classified document indicate which of its paragraphs or other portions, including subjects and titles, are classified and which are unclassified. The intent is to eliminate uncertainty as to which portions of a document contain information that must be protected, and to facilitate excerpting and declassification review. The symbol "(TS)" for Top Secret, "(S)" for Secret, "(C)" for Confidential, or "(U)" for Unclassified is to be placed immediately following the portion of text to which it applies. 2. The ISOO implementing directive provides that if individual portion marking is impracticable the document must contain a description sufficient to identify the information that is classified and the level of its classification. This alternative method of portion marking can be accomplished by including a statement as the last paragraph of the document or as a footnote, e.g., "Paragraphs 1, 2, and 4 are Secret, all other portions Unclassified", or if the entire document is classified at the same level, "All portions of this document are (Classification)". 3. Waivers from these mandatory portion marking requirements may be granted only by the Director, ISOO. The attached ten requests for waivers were submitted by the directorates to the Markings Task Force, whose recommendations are set forth below. In summary, the task force recommends that one waiver request be forwarded to ISOO, and that eight waiver requests not be forwarded--five because they are not necessary, and three because they are not justifiable. The task force could not reach a decision on one waiver request. a. DIRECTORATE OF ADMINISTRATION ADP Data Bases and Computer Generated Reports RECOMMENDATION: That this waiver request be forwarded to ISOO. b. NATIONAL FOREIGN ASSESSMENT CENTER (1) President's Daily Brief RECOMMENDATION: The Markings Task Force could not reach a decision on this waiver request. It was recognized that the lack of portion marking in the PDB would cause fewer. problems than with other reports, since the PDB receives very limited dissemination and is not used as the basis for classifying other documents. It was also recognized that portionmarking the PDB would be difficult because of its tight production schedule; but some task force members believed that portion marking would be CONFIDENTIAL Unclassified When Detached from Attachments Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001-3 Approved For ReIa se 20 GOW ( P~8I`t142ROQ 00050001-3 practicable. Finally, it was recognized that portion- marking the PDB might cause some slight delay in getting the report to the President; but on the other hand, it was the President who signed Executive Order 12065, and exempting the PDB could easily be construed as the President exempting himself from his own rules. (2) National Intelligence Estimates (3) Certain Short Deadline Papers RECOMMENDATION: That these waiver requests not be forwarded to ISOO. A waiver is not justifiable. The Markings Task Force believed that these documents should be portion marked. c. DIRECTORATE OF SCIENCE AND TECHNOLOGY (1) Special Compartmented Information RECOMMENDATION: That this waiver request not be forwarded to ISOO. A waiver is not justifiable. The Executive Order makes no special provision regarding the portion marking of special access program information as to its classification .level. Even if the separate parts or portions of SCI material are not subject to being treated outside the special access channel, they must be marked for use within such channel. (2) Translations of Original-Language Classified Documents RECOMMENDATION: That this waiver request not be forwarded to IS00. A waiver is not necessary. A direct translation need only carry forward the protection provided for in the source document. (3) Preprinted Forms RECOMMENDATION: That this waiver request not be forwarded to ISOO. A waiver is not necessary. The Agency's record copy file for each form will indicate which items are the basis for its classification. Each form is itself the segregable portion of a larger data base. (4) Serial Publications and Other Analytical Reports Based on Foreign Media RECOMMENDATION: That this waiver request not be forwarded to ISOO., A waiver is not necessary. Portion marking of these documents can be accomplished by the alternative method of stating on them that "Each individual portion of this document is unclassified." Approved For Release 2003/04/17 : CIA4tDP81-00142R000600050001-3 CONFID Approved For Ruse 200 O1NFc DE8i1- 1k42ROQp600050001-3 d. DIRECTORATE OF OPERATIONS (1) Foreign Intelligence Information Re_orts (2) Internal Operational Correspondence RECOMMENDATION: That these waiver requests not be forwarded to ISOO. A waiver is not necessary. Portion marking of these documents can be accomplished by the alternative method of stating on them that "all portions of this document are (classification level)", if this is indeed the case. CONFIDENTIAL Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001-3 -3- Approved For Reese 2003/04/17 : CIA-RDP81-00142R08 600050001-3 PROPOSAL FOR WAIVER FROM PORTIONAL MARKING REQUIREMENT 1. An ADP data base will be classified as an entity using criteria in Section 1-3. All reports from a data base will carry the same classification and be marked in accord- ance with Section 1-501. Text files containing paragraphs that will be used in producing documents must be portionally marked. 2. Computerized data bases contain data that range from unclassified through Top Secret. The resources required to portionally mark each data item, keep such a data element current (the classification of the data changes with circum- stance and to automatically classify reports based on the classification of those data items is substantial. The cost of doing this is not in the public interest. 3. Often data bases include individual items that when processed or reported together have a higher degree of clas- sification. The computer technology is not such that we can identify and program all such relationships so that computer- generated reports using such data can be properly classified. The same determination used in classifying a computer data base is used for classifying reports derived from that data base. 4. Computer reports are generally only disseminated in- ternally to the Agency and they are used for administrative and research purposes. 5. Documents produced using data from a computer data base will be classified under the same criteria'as the data base. Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001-3 Apprbved For Reljse 2003/04/17 : CIA-RDP81-00142R00Q600050001-3 P 1976 MEMORANDUM FOR: Chief, Information Systems Analysis Staff, DDA FROM: Eloise R. Page Acting Associate Deputy Director for Operations SUBJECT: Implementation of Executive Order 12065 --- Classification Waiver Possibility REFERENCE- ADDA Memorandum for the DDO, Dated 19 September 1978, Same Subject It is requested that a waiver from the requirement for portion classification marking be requested from the Director of the Information Security Oversight Office in accordance with paragraph 1-504 of Executive Order 12065 for the following classes of documents originated by the Directorate of Operations: 1. Foreign Intelligence Information Reports. a. These reports provide original data collected in response to the expressed needs of the Intelligence Community. Each report carries an unclassified identification number. These reports are on a single subject and normally from a single clandestine foreign source or cooperating U. S. citizen. Exposure of the information itself or unprotected reference to the existence of the information in U. S. Government pos- session can jeopardize the source or his ability or willingness to continue to provide information. Because of the inseparability of the information from the sensitivity of its method of collection, these reports should be classified as whole documents. b. Furthermore, because these reports provide original data used in the production of finished intelligence, they are subject to indexing, filing and incorporation in computerized Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001--3 Approved For Rel6e 2003/04/17: CIA-RDP81-00142R000600050001-3 information handling systems in receiving offices and agencies. Compilations of such data can reveal much concerning the ability of the Directorate of Operations to collect and report foreign intelligence. For that reason, the entire report must be protected by a single classification to prevent the creation of unclassified indexes or files in receiving agencies. c. Original dissemination of these reports is made selectively on a need-to-know basis. Individual reports may be limited to a very few individuals in Washington while others may he transmitted to Intelligence Community agencies in Washington and overseas to selected U. S. embassies and U. S. military commands. d. Because these reports contain information collected in response to the expressed needs of the Intelligence Community and because they may concern almost any country and almost any subject,they may form the basis for classification for many intelligence publications. It should be recognized, however, that intelligence publications most often draw on information from many agencies and as a consequence Directorate of Operations reports very frequently do not constitute the sole basis for their classification. 2. Directorate of Operations Internal Operational Correspondence. a. This is correspondence between various elements of the Directorate in the U. S. and overseas concerning manage- ment, operations and administration of the Directorate. (By definition this kind of correspondence does not contain foreign intelligence which is disseminated to other agencies.) Each piece of correspondence carries an identification number. The whole of this correspondence concerns intelligence activities, sources or methods. Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001-3 Approved For ReI ase 2003/04/17 : CIA-RDP81-00142R0Qp600050001-3 b. This correspondence, whether transmitted in hard copy or electrically, is disseminated only within CIA and is very largely confined to the Directorate of Operations. c. This correspondence, by itself, does not form the basis for classification of other documents. STATINTL Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001-3 Approved For Relaas " 'EIX--Ni lIL81-00142R0Q 00050001-3 (ZEP 1~)'?q 25X1A MEMORANDUM FOR: Chief, Information Systems Analysis Staff, DDA Associate Director-Management, NFAC SUBJECT : Classification Waiver Request REFERENCE Memo from Associate Deputy Director for Administration, dtd 19 Sept 78, to Multiple Add'ees NFAC requests a waiver from the portion classi- fication requirement of E.O. 12065 for the following publications: (1) The President's Daily Brief. This publication is read only by the President, the Secretary of State, the Secretary of Defense, and the President's Assistant for National Security. Many diverse sources are used to compose the contents, often under extreme deadline pressure late at night. The few recipients have no need to be informed of the separate classifi- cations, if any, of the component parts. The classification of material in the PDB is not used as the basis for classifying other documents. (2) National Intelligence Estimates. The nature of these documents, as much as the sources of the component parts, often determines the classification. NIEs represent the judgments of the DCI and the Intelligence Community, and have security significance as such. Portion classifi- cation could therefore be misleading: components would bear a classification either reflecting only the source material but not the significance of the conclusion drawn.or, conversely, reflecting the 25X1 Approved For Release 1[Fp 4-00142R000600050001-3 31 t! i 3r 's Approved For Feas3/J1TNp81-0014289@0600050001-3 SUBJECT: Classification Waiver Request judgment but implying that the source material dictated the classification. The NIEs are disseminated to a restricted elite list of customers, depending on the subject and any special controls. Judgments and information in NIEs may form a basis for classifying other documents such as NSC studies. (3) Certain short deadline aers. On occasion, it is necessary for NFAC to prepare short analytical papers or biographic profiles for policymakers who set deadlines of only a few hours. Rechecking sources of individual elements to separately classify portions could imperil our meeting the requests on time. Such papers are targeted to a few designated consumers--sometimes only one--and would rarely be the basis for classification of other documents. 25X1A 25X1A Distribution: Orig - Add'ee 1 - AD-M/NFAC 1 - NFAC Registry I - D/OCR 1 - C/CRG (Regs Admin ISAS/RAB) -2- Approved Approved For Release M"f 0 01 Approved For Rase 2003/04/17 : CIA-RDP81-00142RS 0600050001-3 2 7 SEP 1978 DDS&T- 4723- 78 MMEMORANI)UM FOR: Chief, Information Systems Analysis Staff, DDA SUBJECT Implementation of EO 12065 - Classification Waiver Possibility RI;F[:RENCE A/DDA Memo 78-3659, Dated 19 September 1978 Attached is the DDS&T request for exemptions from I7ortion. classification marking per Reference. STATINTL Executive Officer Directorate of Science and Technology Attachment: As stated Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001-3 Approved For R Jease 2003/04/17 : CIA-RDP81-00142E 0600050001-3 DDSFFT Classification Waiver Request The DI)S$T requests the following be exempted from portion classification marking under Section 1-504 of NO 12065: 1L. All classified information (so defined in EO 12065) to include documents, equipment, film, visual aids, tapes and other recordings, which is further protected by special access programs in accordance with EO 12065, Section 4-2. The EO 12065, Section 4-2 recognizes a requirement .for the establishment of "special access programs.. .for the protection of particularly sensitive classified information... The order further states that the special access programs are permitted when "normal. management and safeguarding procedures are not sufficient to limit need-to-know or access. . .and the special access controls balance the need. to protect the information against the full spectrum of needs to use the information." Explicit recognition by the Executive Order of categories of classified information which must be further restricted for access, distribution, and protection in special controlled channels clearly implies that because or the nature and sensitivity of such information its separate parts or portions are not subject to being treated outside of the special access channel. As a result the usefulness of portion classification "in order to facilitate excerpting" (Section 1-504) does not apply to classified information protected in special access programs or channels. 2. All translations of original-language classified documents, except those where the original-language document uses portion classification. Translators have no knowledge on. which to judge portion classification. 3. All pro-printed forms which provide for classifica- tion when filled in. Examples of such forms are travel requests, financial vouchers, and fitness reports. Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001-3 Approved For R, ase 2003/04/17: CIA-RDP81-00142E 0600050001-3 :Pre-printed forms are used to expedite actions and provide for efficient and economical operations in the conduct of business. Pre-printed forms normally replace explanatory memorandums, often-of a repetitive nature. To classify each line or block in a form is unnecessarily burdensome, may require a complete redesign of a large number of forms at a high cost and since forms are basically used for a single purpose do not lend themselves to excerpting for other uses. STAT Approved For Release 2003/04/17 : CIA-RDP81-00142R000600050001-3