SUGGESTION NO. 73-216

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75-00793R000100240005-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 12, 2016
• Document Release Date: December 26, 2001
• Sequence Number: 5
• Publication Date: August 6, 1973
• Content Type: MF

Approved For ReleaGw 2002/05/17 : CIA-RDP75-00793R000 W240005-8
OGC 73-1459
6 August 1973
MEMORANDUM FOR: Executive Secretary
Suggestion Awards Committee
SUBJECT: Suggestion No. 73-216
1. Suggestion No. 73-216 proposes that the Agency abandon
the use of special secrecy agreements in connection with compart-
mentation systems. We have been requested to advise whether the
use of such agreements affords legal protection additional to that
resulting from the signing of the secrecy agreement at the time of
entering on duty as a CIA employee.
2. The Marchetti decision hinges in part on the fact that a
secrecy agreement was signed by Marchetti when he entered on duty.
Further, the Court of Appeals is clear that the secrcy agreement
signed when his employment terminated added nothing to the govern
merit's legal rights in the matter, since the termination agreement
lacked consideration. It is at least arguable that there is consideration
in the compartmentation secrecy agreements, namely, that only if the
employee signs, is he given certain assignments, duties, and oppor-
tunities. Although this consideration may not be as solid or as
persuasive as is that involved in the entrance on duty secrecy agreement
(only upon signing the agreement is the individual hired), I believe it
exists and would be accepted by a court. Accordingly, it is our view
that there is legal value in the use of such agreements. In addition,
such agreements could have evidentiary value in the event of a trial
for violation of section 793 or 794 of Title 18. Consequently, we woulc 5X1A
recommend continuation of execution of such agreements. 1,
j OHN S. WARNER.
(A;""ting cCI neral Counsel
Att: Suggestion No. 73-216 OGC:RHL:JSW:cav:mks
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