DOCUMENTS FOR VITAL RECORDS STORAGE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP58-00453R000100330001-8
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 7
• Document Creation Date: November 11, 2016
• Document Release Date: August 23, 2000
• Sequence Number: 1
• Publication Date: December 4, 1953
• Content Type: MF

Sanitized - Approved For Release : CIA-RDP58-00453R0001OQ330001-8,
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Security Information
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Assistant Director for Special Operations 15 October 1951
Deputy Comptroller
Vital Documents Pertaining to Proprietary Projects
REFS t a. Memo dtd 17 July 1951, froze Deg5)l A troller to A&tin/OSO; 25X1A8a
Sarre Subject,
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troller; Subjects Operational :curity Aspects of i'inencial
Support.
1. Each of the Covert Offices has expressed the conviction
that responsibility for the placement at the Vital Docu.;en:us ;enter
of vital information re arding "Proprietary" projects is that of
the Office concerned.
2. The Comptroller and the Deputy Director (Administration)
have tentatively concurred with this view. r owever, the security
and legal difficulties which would be faced in attempting to re-
establish ,IA control over and utilization of a. CIA proprietary
activity in the event of a disaster resulting in the loss of the
basic documents evidencii CIA asnership is clearly apparent.
3. Present policy and practice appears to provide for the
place. exit of these documents in the safekeeping custody of .he
finance Division as representing valuable documents which mast re-
ceive centralized control.
lt. It is suggested that a solution to this problem 1i.;ht
be to have copies or photostats of these documents returned or
retained by the Operating Divisions for inclusion in their records
at the Vital Documents Center,
5. In order that a satisfactory solution may be arrived at,
it is requested that a representative of your Office be deli.,nated
to discuss the problem with the undersined and a represents hive
of the xeneral counsel's Offic tX1 A9a
Deputy Comptroller
Encl.s - 3
Copiesof references a, b, c
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Deputy Comptroller
Office of the General Counsel
Vital Documents Program
-004, 53 R00010033DO.g188
COp1P'I
1. Reference is made to your memorandur, of 23 July 1051, con-
cerning; the storage of certain financial documents in the Agency' 5
Vital Records repository. The desirability of retaining such docu-
ments in the local files has led to your request for a method of
having legally authenticated copies available in the event of des-
truction of the originals.
2. It is assued that your request concerns the use of such
records in a judicial trial, because any serious controversy over
the contents probably would be decided there.
3. Since is an Agency of the United States Gover?nrrient,
this problem can be solved with less difficulty than would other-
wise be the case. Section 17333b, of Title 28, U. S. Code, :provides
that properly authenticated copies or transcripts of any books, re-
cords, papers or documents of any department or agency of the United
States shall be admitted in evidence equally with the originals there-
of. In addition, Rule 44 of -_he Federal Rules of Civil procedure
provides a simple ;method of proving public records in a trial.
t. If your office has a carbon copy of any public record, that
copy may be sent to the Vital Records repository in its present form,
and it will be sufficient for use in court, even though the original
is destroyed. It would. be unnecessary to authenticate such a copy
now, since it could be done immediately prior to its use in a trial.
5. If a carbon copy is unavailable, it will be sufficient to
make a handwritten, typewritten, photostatic, photographic or other
form of copy. Such copy should then be authenticated by a notation
similar to this:
"This is a true and exact copy of the original.
John Q. Public, Custodian of the original. 15 August 1951."
This copy can be placed in our Vital Records repository, and it will
be sufficient for use in court even though the original is destroyed.
6. Incidentally, by utilizing the procedures outlined in the
two preceding paragraphs, the copies could be admitted as evidence
even though the originals had not been destroyed.
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7. The statute governing this problem (28 USC 1733b) has been
construed frequently by the courts. For example, it has been held
that a ?~.Iar Department photostat, which was certified as being a true
and exact copy made from official records, is admissible in evidence.
The court commented in this manner:
"Because it happens to be a photostatic copy is of no
significance. It might have been viand-written or type-
written. The certification of being; a copy of the original
by the proper official is tufficient." Vaughn v. United
States, 76 F. Sup,.,. 494 (1948).
Another case has held that photostats authenticated under the seal
of the General Accounting Office could be achnitted in evidence.
United States v. Conti, 119 F.2d (1941).
8. In many courts it may be necessary to have the fgency's
seal affixed to a copy of the record involved. This will not be
necessary, however, until the time of trial arrives.
9. It is possible that some of the material in yo-r files
would not fall within the categories of "books, records, papers or
documents" of the Agency, and hence would not properly be governed
by the provisions of 28 USC 1733b. However, even if this is so, the
procedure outlined in paragraphs L_t and 5 above will be adegnate to
protect our rights during a trial becuase of rules of e ri dense ,Thich
are universally followed by the courts. Such rules provide for a
method of proving the contents of any document in the event the
original is lost or destroyed. If neither litigating party can pro-
duce the original, the court will allow the introduction of secondary
evidence. This is where our copies could be used, and. ever if we
had no copies, other secondary evidence (e. merr oranda, )f
paper outlining the trar.saction; Drat evidence, etc.) could be used.
10. The above discussion illustrates the cane with which + e
1gercy can overcome the loss of a recc>r , in the event of a trial.
It appears that this is the problem with which your of _"i-c is pri-
marily concerned, but if other problems are irvol= ed, please notify
this office.
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nri._,inal - Addressee ;fit! u6bp s --
4 - Signer
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ORIGINAL DOCUMENT MISSING PAGE(S):
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