PROPOSED GUIDELINES FOR DECLASSIFICATION REVIEW OF 1946 - 50 RECORDS.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP93B01194R001300070040-7
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 10
• Document Creation Date: December 12, 2016
• Document Release Date: June 10, 2002
• Sequence Number: 40
• Publication Date: October 13, 1976
• Content Type: MF

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MEMORANDUM FOR: Chief, Information Services Staff
Deputy Chief, Information Services Staff
SUBJECT Proposed Guidelines for Declassification
Review of 1946 - 50 Records.
REFERENCE Memorandum from to IRC Members
Same Subject, dated 4 October 1976, and
Attachments.
1. C/IMG and I have reviewed the proposed guidelines
for declassification review of records for the period
1946-50 and recommend that the DDO accept the guidelines as
now written. As you are aware we had the opportunity to
review the guidelines in draft and had only one or two
comments to make. We also had reviewed the DDI's coaihments;
those .DUI suggestions which we supported have all been
incorporated in the revised document.
2. In his transmittal memorandum (attached to
reference) the Chief/IPS argues against our recommendation
that estimative material produced prior to the formation of
ONE should be reviewed by the State Department. Paragraph
eight on page four of the guidelines states that such
material is "generally releasable". This is probably true,
but the "legislative record" of the guidelines should record
the expectation that where such review seems appropriate,
foreign policy-related information will be referred to the
State Department for review prior to release. We suggest -
the revision of recommendation 4.c. to read: "indicate that
in handling generally releasable estimative material
declassification personnel should be alert to the possible
desirability of selective State Department review of materials
with potentially significant foreign policy implications".
3. In paragraph 3.e. of his memorandum the Chief/IPS
refers to centralization of the review function and in
paragraph 3.f.(1) on the same page he agrees that it is
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logical for the DDO to have a "strong role in the
selection of personnel who will review.DDO records." The
recommendations in paragraph four do not pick up this
centralization theme but in recommendation 4.b. the DDO's
"strong voice" in the selection of reviewers handling DDO
documents is mentioned. It will be unfortunate, we believe,
if these references were permitted to become, by inference,
the basis for a claim that the DDO had agreed to centraliza-
tion at the Agency level or to the idea that personnel from
other directorates might handle the declassification of DDO
documents. Our experience with our new Classification Review
Branch may convince us that centralization at the directorate
level is preferable. At this stage it is important to keep
our options open. The record should contain a clear indica-
tion but this question of centralization is subject to further
discussion and that wherever the process is carried out DDO
personnel should process DDO documents. We suggest that
recommendation 4.b. be revised to state: "reassure the DDO
that assignment of personnel to review DDO documents. will be
subject to the approval of the DDO."
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Central Intelligence Agency
GUIDELINES FOR DECLASSIFICATION OF CIA AND PREDECESSOR
ORGANIZATION RECORDS FOR THE PERIOD 1946 THROUGH 1950
General
The only Agency documents 30 years old or older that will
be protected through classification will be those specifically
identified, in writing, by the Director of CIA as needing con-
tinued protection. The task of Agency reviewers of 1946-1950
materials for which the CIA has classification jurisdiction is
to identify for the DCI those individual items requiring protec-
tion so that the DCI can then certify lists of such items to'
.the Archivist of the United States in line with E.O. 11652.
Agency reviewers will keep in mind the transitional
nature of the 1946-1950 period for U.S. intelligence. While
the SSU was clearly a vestige of the wartime OSS, thereby
meriting some of the same declassification considerations
as applied to COT and OSS information and materials through
1945,'it also constituted the nucleus of centralized intel-
ligence organization and activity in the postwar "peace"
which rapidly became the Cold War. Whereas OSS records could
be reviewed in a prosecution-of-the-war context, with consider-
ations heavily weighted in favor of release, the 1946-1950
records are much more a part of the U.S. intelligence continuum
wherein current and future equities can be affected by declas-
sification of earlier materials.
The decision to retain classification
There are only two criteria provided by the Executive
Order-for continuing an item in classified status beyond 30
years, namely: (a) continued protection is essential to the
national security, and/or (b) disclosure would place a person
in immediate jeopardy. While this contrasts in number with
the four criteria of Sec. 5(B) of the same Order for exemp-
ting items less than 30 years old from the General Declas-
sification Schedule, it is clearly the intent of the Order
that it is "essential to national security" to protect beyond
30 years:
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Classified information or material furnished by
foreign governments or international organizations and
held by the United States on the understanding that it
be kept in confidence. [Sec. 5(B)(1)]
Classified information or material specifically
covered by statute, or pertaining to cryptography, or
.disclosing intelligence sources'or methods. [Sec.
5(B)(2)}
Classified information or material disclosing a
system, plan, installation, project or specific foreign
relations matter the continuing protection of which is
essential to the national security. [Sec. 5(B)(3)]
The second criterion under Section.5(E) is-obviously the
same as the last of the four criteria of Section S(B):
Classified information or material the disclosure of
which would place a person in immediate jeopardy. [Sec.
5(B)(4)]
The judgment of "immediate jeopardy" by reviewing officers
will continue to be made on the basis of the more narrow defini-
tions of physical, legal or severe political jeopardy, not that
of political or social embarrassment.
Although the Order does not so state, Agency reviewers
will use the letter "A" to indicate on the Declassification
Review Worksheet (Form 3712) that the reason for protection
is that of national security interests, and "B" that the rea-
son is that of placing a person in immediate jeopardy. For
purposes of shorthand ease in further identifying the nature
of the national security interest involved, the Agency's Form
3712 provides a column headed "EXCAT" (exemption category)
which should be filled in with the appropriate number(s) 1, 2
and/or 3 from Section 5(B).
Protection deriving from statute
The Director is charged by the National Security Act of
1947 with the protection against unwarranted disclosure of
intelligence sources and methods. Reviewing officers will
familiarize themselves with the DCI's "Aspects of Intelli-
gence Sources and Methods of the Central Intelligence Agency
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That Require Protection from Unauthorized Disclosure," clas
sified Secret and dated 12 January 1976. While that document
has a contemporary focus, much of its categorization and detail
can be applied to intelligence activity of 30 years ago. As
the most definitive statement officially issued on the subject
to date, it should be treated as an interpretative annex to
these guidelines.
The Director's responsibility regarding protection of
sources and methods is reiterated in the CIA Act of 1949 and
further amplified to exempt the Agency from any legal require-
ment for the publication or disclosure of the organization,
functions, names, official titles, salaries, or numbers of
personnel employed by the Agency. The language of the CIA
Act regarding these areas makes retention of classification
thereof optional, not mandatory. Reviewers will draw heavily.
on specific declassification precedents as available and to
be developed.
Applicability
These guidelines are for use by CIA officers specifically
charged with the declassification review of information and
materials dated 1946-1950 for which the CIA and its predecessor
organizations -- the SSU and the CIG -- exercised exclusive or
final original classification authority. Although some of this
material is already 30 years old, and therefore technically sub-
ject to declassification by the Archivist of the United States,
most of the records can yet be reviewed prior to their reaching
30 years, as prescribed by the Executive Order.
Reviewers will apply these guidelines to such documents
and materials wherever located -- National Archives, Records
Centers, Presidential Libraries, etc., as well as CIA's own
facilities. Likewise, reviewers will use these guidelines
in the protection of CIA interests in the documents and mate-
rials of other agencies, wherever those documents and materials
might be held.
These guidelines do not apply to the information and
materials of other agencies, nor to the interests and equities
of other agencies which might be found in documents originated
by the CIA or its predecessor organizations. In all of these
cases, the items in question should be identified for appropri-
ate review by the agency or department of concern.
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Precedents' for d'ec'las's'ification of 1946-1950 records
Experience of CIA officials reviewing classification of
1946-1950 records, under either the mandatory review provision
of E.O. 11652 or the Freedom of Information Act, is pertinent
to the program of systematic review contemplated by these guide-
lines. The following areas of past decision shall be considered
precedents for those engaged in the systematic review:
a. The organizational structures of the SSU, CIG and
CIA at the headquarters level during 1946-1950 can be
declassified except for' component breakdowns of those
predecessor elements of the present DDO.
b. The fact of presence and activity abroad by the
SSU, CIG, and CIA is not sensitive, but the details of
location, organization, cover, staffing and activity
abroad are usually to be protected.
c. The functions and missions of theSSU and CIG
are not generally sensitive when broadly-described, but
are sensitive when related to particular areas and cir-
cumstances or to specific capabilities and intentions.
d. The functions of the CIA in the 1946-1950 period
tend to be more sensitive than those of the SSU and CIG,
particularly with the assignment of covert action by the
NSC. Covert action program details are to be protected
except where prior official disclosure clearly dictates
otherwise.
e. Names and official titles of personnel in SSU,
CIG and CIA during 1946-1950 are generally protected up
through Division Chief in the DDO and Office Director
elsewhere, with selective exceptions based on prior dis-
closure, cover and operational considerations.
f. Numbers of employees and size of budgets are
protected, as should be any other quantitative factor
indicating scope or thrust of the intelligence effort
of the period.
g. Estimative material published prior to the forma-
tion of the Office of National Estimates on 13 November
1950 is generally releasable.
h. Situation and analytical reporting of the period
is generally releasable if sensitive sourcing is not stated
or otherwise identified.
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ra y releasable except
for disclosures of sources and methods, including sensitive
foreign liaison relationships. CIA field reports must be
shorn of the source line, field report number and place
acquired in order to be releasable.
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within the following framework, with the understandingbthatde
time periods stated are outside limits which should be com-
pressed wherever and whenever possible in light of the particu-
lar substance of the material under review. These periods are
given from the year of origin of the classified item, using
the categories of the Director's 12 January 1976 determination
n-n ttA z-nartc it
k. Pseudonyms, cryptonyms and codewords are part of
intelligence methodology, causing'need for classification
on documents containing such. .
Period of continued classification
Executive Order 11652 charges the head of the Department
with determining not only the need for protection through clas-
sification but also the period of continued classification
required on each item of material reaching 30 years. The DCI
obviously must rely on Agency reviewers of the 1946-1950 material
for both these matters. 'The completed Form 3712 will in all
cases other than liaison. show a year in the last column (Auto-
matically Declassified on 31 December ), although in some
cases reviewers may deem it necessary to amend the column
heading to read, "Re-review on 31 December
Decisions on periods of time for rotect"
Category
SSU
CIG
Personnel/Cover
75
75
Defectors
50
60
Security/Contracts
50
60
Finance
50
60
General Intelligence
30
30
Operations
so
60
Foreign Liaison*.
L
L
Communications
so
so
Science and Technology
50
50.
Research and Development
SO
50
Named Relationships
so
50
75
30
_75
L
50
50...
50
50'
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Declassification of information or materials
received from foreign liaison can only be done
as authorized by the liaison service involved.
For this category, an "L" in the last column
of Form 3.712 signifies a lack of authorization
from the liaison service regarding declassifica-
tion. If there should be reasons of CIA's own
concern warranting continued classification,
over and above the fact of liaison origin, an
"A" or "B" should be shown in the "Reason" column.
The "Remarks".column may be used to emphasize or
elaborate on the need for either the concurrence
of the liaison service'or the protection of CIA's
own interests and equities.
Classification review actions
Reviewing officers will take the following actions in line
with these guidelines on the handling.of classified. information
and materials of the 1946-1950 period::
a. there there is no need for continued protection
under Section 5(E), the item should be declassified and,
eventually, so marked to show the date and authority by
which this action was taken.
b. Where need for continued protection under Section
5(E) exists, the item should be examined for the level of
classification required. Unless the reviewer notes.other-
wise, all documents to be certified as requiring classifi-
cation status beyond 30 years will be retained at the
Confidential level. (This downgrading of Top Secret and
Secret items need not be shown on the individual items
until such time as they are.withdrawn from archival hold-
ings for whatever reason.)
c. In all cases where a need exists under Section
5(E) for continued security classification, that decision
will also be entered onto CIA Form 3712 for eventual'con-
solidation and certification by the Director to the Archi-
vist of the United States. The information provided on
Form 3712 must include enough basic information to insure
ease of identification for future retrieval either as an
individual item or as part of a category or group of items
in a computerized system. In this regard, the Agency has
been advised that the Archivist can accept certain series
of documents on the certification lists where an entire
series clearly requires protection beyond 30 years.
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Reviewers bea
need not cope with the segregability ofsanhitemrforerelease.
e. Finally, reviewers will tab or otherwise note
those documents or portions of documents found among
CIA's holdings but requiring review by other agencies.
"LL tIz form
on the Form 3712 any unique ins
ightsehelpful toootherererd
viewers later faced with the decision to release in part
to a requester. Lackin such
A. ng an min that much material can`
be segregated far release ins i
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