ARMY SPECIAL OPERATIONS FIELD OFFICE IN BERLIN

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP05T00644R000100110008-4
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 3
• Document Creation Date: December 22, 2016
• Document Release Date: July 26, 2011
• Sequence Number: 8
• Publication Date: March 30, 1977
• Content Type: MEMO

?T/SENSITP E
NATIONAL SECURITY COUNCIL.
WASHINGTON. D.C. 20506
~ :{>auaive E:~i.t 7
March 30, 1977
Presidential Direcl:ive/NSC 9
TO: The Secretary of State
The Secretary of Defense
The Attorney General
The Director of Central Intelligence
SUBJECT: Army Special Operations Field Office in Berlin
I have reviewed the recommendations of the National Security Council
and have determined that the continuation of certain electronic sur. -
veiflarlcc in Berlin is important to the national security
and to fulfilling this nation's responsibilities as the occupying power in
the United States sector in Berlin. Therefore:
1. Under the authority vested in me as President of the United
States, I hereby authorize the Department of the Army, within
the strict limits of this Directive, in Berlin to conduct electronic
2. This authority shall be exercised on a strictly controlled and
limited basis solely for the purpose of gathering significant
foreign intelligence or counter-intelligence information or of
supporting criminal investigations involving terrorism, illicit
narcotics traffic, and other serious crimes affecting the security
or public order of Berlin, the Federal Republic of Germany,
the United States or its allies in Berlin.
3. This authority shall be exercised in strict conformity with the
Constitution of the United States and applicable laws, regulations,
and administrative procedures of the United States. I therefore
direct the Attorney General of the United States to adopt procedures
+/SENSITIVE
XGDS2/Cla sificd by: Z. Brzezinski
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 SECRET /SENSITIVE
governing the conduct of electronic surveillance
nder this Directive to insure the lawfulness of these
activities. These procedures shall include provision for
obtaining a judicial =.-arrant where deemed necessary by the
Attorney General. and shall require That, except in emergency
situations, before a United States citizen or any group composed
in substantial part of such citizens is made a target of any of
these activities without a judicial warrant a finding be made
by the Attorney General that there is probable cause to believe
the citizen or group is an agent of a foreign power or foreign
terrorist group engaged in hostile intelligence or terrorist
activities and that significant foreign intelligence or counter-
intelligence information is expected to be obtained. These
procedures shall also include provision for minimizing the
acquisition, retention, and dissemination of any communication,
which involves a United States citizen or any group substantially
composed of such citizens, not strictly necessary to the lawful
functions of a proper governmental entity.
4. In addition to any requirements that may be imposed by the
Attorney General's procedures the following shall apply:
(a) No non-consensual electronic surveillance
shall be instituted by the United States Army
in Berlin on behalf of a United States agency without
the approval of that agency at the level of Assistant
Secretary or above or, in the case of a branch of the
armed services, the Secretary or Under Secretary of
that service;
(b)
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(c) In emergency situations, the United States Chief of Mission,
Berlin, or his designee may waive the requirements of. (a)
and (b) for a limited time, usually no longer than 48 hours,
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 5. The United States Army shall continue to be responsible for
the provision, management, supervision, and control of these
sensitive activities in the United States Sector, within the
framework of. Executive Orders 10608 and 11905.
The United States Chief of Mission, Berlin, shall provide for
such additional guidelines, procedures, and supervision
consistent with this Directive as he determines appropriate
and shall, in particular, be responsible for assuring that
these and other sensitive methods of investigation are used
in a manner consistent with the foreign relations interests
of the United States and governmental responsibilities of the
United States in Berlin.
7. The Central Intelligence Agency shall be responsible for advising
on the appropriateness of electronic surveillance or
in foreign intelligence and counterintelligence cases under the
standards enunciated in paragraph 2, above.
adequacy of requests for electronic surveillance
8. The United States Army shall be responsible for determining the
It'
under applicable law, regulations, and procedures, and in coopera-
tion with the Department of State, for the developmand and maintenance
of an adequate regulatory regime appropriate to the special situation
in Berlin.
9. NSDM 335 is hereby rescinded.
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Sanitized Copy Approved for Release 2011/07/27: CIA-RDP05T00644R000100110008-4