MATERIALS FOR WORKING SESSION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75-00793R000200170012-7
• Release Decision: RIFPUB
• Original Classification: C
• Document Page Count: 15
• Document Creation Date: December 15, 2016
• Document Release Date: September 5, 2003
• Sequence Number: 12
• Publication Date: June 4, 1973
• Content Type: MF

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WASHINGTON
June 4, 1973
MEMORANDUM FOR: Members of the Working Group
on Foreign Classified Documents
SUBJECT: Materials for Working Session
expeditiously.
In connection with the meeting on Friday, June 8 at 10:00 A. M.
in Room 111 of the Archives on the classification and declassification
of foreign classified information and material under E.O. 11652,
the following documents are forwarded for your consideration. They
should be reviewed prior to the meeting so that our work can proceed
1. Memorandum from Charles N. Brower, dated March 7, 1973.
2. Memorandum from Robert T. Andrews, dated April 26, 1973.
3. Memorandum from James E. O'Neill, dated June 1, 1973.
4. Working draft on ''Classification and Declassification of Foreign
classified information and material under E.O. 11652, " prepared
by the undersigned.
It may also be useful to review the minutes of the ICRC meeting of
March 7 in which this problem was discussed.
State Department, NSC, OSD reviews completed
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GENERAL SERVICES ADMINIST HATION
June 1, 1973 National Archives and Records Service
Washington, D.C. 20408
Deputy Archivist of the United States
Foreign classified material in the custody of the
National Archives and Records Service
Richard C. Tufaro
At a time when the administration has initiated a vigorous declassi-
fication program aimed at opening many of our own classified
documents, the National Archives is forced into the unhappy position
of keeping millions of foreign classified documents closed
indefinitely. Declassification of foreign originated documents has .
been at best haphazard, and more often not attempted. We firmly
believe that a procedure, consistent with the current declassification
program, should be devised to open to the fullest extent foreign
classified material.
We estimate that among the accessioned records of the National
Archives there are approximately 10 million pages of foreign
classified material. Broken down by time period this includes
250, 000 pages of pre-1942 material, 6 million pages for the 1942-
45 period, and 3 3/4 million pages for the 1946-54 period.
The scope of the problem posed by the presence of large numbers of
foreign security classified documents among World War II records
in the National Archives was recently revealed in a survey of the
individually identified foreign classified documents encountered in
ten different record groups.
The great number of countries involved is demonstrated in the
records of the Army Service Forces. While many of the foreign
classified documents are of British origin, there are significant
quantities originated by Indian and Soviet Government agencies and
a wide scattering of documents from Argentina, Australia, Belgium,
Bolivia, Brazil, Canada, China, Cuba, Denmark, Ecuador, Finland,
Iceland, Iran, Italy (post -capitulation), Mexico, Netherlands, New
Zealand, Nicaragua, Norway, Panama, Paraguay, Peru, Turkey,
Venezuela, and Yugoslavia. The greater part of these relate,
naturally, to lend-lease, logistics, and supply matters.
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Keep Freedom in Your Future With U.S. Savings Bonds
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The quantity of documents of foreign origin is demonstrated by the
review thus far conducted of records of the Research and Analysis
Branch of the Office of Strategic Services and selected portions
of the State Department's central file. In the former, fully 20
percent of the records are of foreign origin. Again, while many
of these are of British origin a significant number of French,
Dutch, Norwegian, Polish, and Chinese documents are also present.
Similarly, in State Department records the incidence of foreign
classified material is very high. Among the files thus far reviewed
are documents originated by the Imperial Prisoner of War Commission,
the International Commission for Penal Reconstruction, the U. S.
War Crimes Commission, and such war-time neutrals as the Swedish
and Swiss Governments.
Our inability to take action on such a large number of classified
documents dating from the World War II period--and earlier--is a
severe hindrance to the effective conduct of the declassification
program and is likely to evoke researcher criticism of the program.
The National Archives. is currently conducting extensive page -by -
page review of several record series solely to locate and segregate
foreign classified documents. Many of these series could be bulk
declassified if our only concern was with U. S. classified documents.
The result of the search for foreign classified documents is increased
time required to conduct the reviews, increased man-power costs,
and subsequent delays in reviewing U. S. documents.
In 1975 the vast majority of U. S. originated material for the World
War II period will be open to research. Unless some method is
adopted to deal with them, foreign classified documents will comprise
the bulk of the material still being withheld from researchers.
U. S. Departments have approached the problem of handling foreign
classified material in different ways at different times. Until 1972,
the State Department grouped its records into three categories--
open, restricted, and closed. All records in the open period for
1910-29, including foreign classified documents were available for
research, but foreign classified documents could not be reproduced.
In 1958 the National Archives asked the State Department for blanket
authority to declassify and open pre-1930 records so that they could
be microfilmed. A limited authority was granted. Certain
categories of material could not be opened, but foreign classified
documents could be. However, in 1961 the State Department
reversed its original decision stating that they had no authority
to declassify foreign classified documents. Thereafter, foreign
cl l tl~ l als ' ~~30 t~I ~d l ~ ~a' 0et Id from
dec ssi ica -ion and opening.
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Before 1961 no attempt was made to remove foreign classified
records from the 1910-29 files. From 1961 to 1969 foreign classified
documents in the 1930-39 files were removed as researchers asked
to see the files. Beginning in 1969 foreign classified documents
were no longer removed from the 1930-39 files although those that
had been previously removed remain segregated. Foreign classified
documents in the 1940-46 files are removed as researchers request
the files. Exceptions to this practice include the records of
defunct governments (e.g., pre World War II Polish Government)
and defunct organizations (e.g., UNRRA).
The policy of removing foreign classified material from the State
Department files was modified in 1969 when the British Government
announced that British originated documents over 30 years old
could be opened on the same basis as U. S. documents of the same
type. In January 1972, the British Government moved this "open"
period through 1945 for foreign relations and civil agency material.
In January 1973, the National Archives was informed that the British
and Dominion documents through 1945 containing military information
could be declassified unless they fell into specified sensitive
categories. Except for British documents, most foreign classified
documents remain classified at their original levels and closed to
research.
Although the general policy has been that foreign classified information
should be protected until a foreign government specifically authorizes
the possessor to open documents they originated (as in the case of
the British Government), the State Department has made some
exceptions to this rule. As was previously mentioned, defunct
government records such as the pre-World War II Polish records
are open, and defunct organization records such as those of UNRRA
are open. Also the original security markings on German and Italian
originated records of the World War II period are not recognized.
Recently a State Department policy statement advised the National
Archives that "the records originated since the recognition of the
Provisional Government of France, by the United States and its
major allies on October 23, 1944, should be subject to the treatment
generally accorded classified records of friendly foreign governments. "
But, French documents originated by the Vichy government (July 10,
1940-45) which was "subject to Nazi pressure and domination" can be
declassified. Also, records of the French Committee of National
Liberation (June 1943-October 23, 1944), and the Free-French
National Committee (September 24, 1941-43) can be declassified
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4
because they "were not considered by the United States as representing
the entire French nation. " Consequently, French documents originated
prior to July 10, 1940 as well as those originated after October 23,
1944, continue to be protected, while those for 1940-1944 are open.
In addition to these exceptions, records of the European Advisory
Commission (1944-45) have been declassified through the mutual
agreement of the British and American Governments. However, to
our knowledge the other two members of the European Advisory
Commission, the USSR and France, were not consulted about
declassification, although records originated by those Governments
are included among the E. A. C. records that are open for research.
Finally, it is our impression that the State Department has consulted
the USSR about publishing Russian originated documents in Foreign
Relations of the United States for some but not for all of the volumes
dating from 1933.
Although the State Department's decisions on whether or not to protect
a country's classified documents have been made on an ad hoc basis,
the non-recognition of a government, the fact that a government or
organization is defunct, or the fact that a foreign government was
either hostile or uncooperative, appear to be accepted reasons for
not recognizing and protecting some foreign classified material.
Other decisions, such as that dealing with the records of the European
Advisory Commission, do not seem to be based on a general principle
which has application to other records.
The military services have generally treated foreign classified
documents in military records in an even more cautious manner.
Very few foreign classified military records were declassified while
they were in the custody of the military services or after they were
transferred to the National Archives. The military's approach to
foreign classified documents is illustrated by the attempt made by
the National Archives in 1961 to have certain foreign classified
military publications declassified. The National Archives approached
the Office of the Adjutant General to declassify World War I
publications originated by British, French, and Italian authorities
which were found in the American Expeditionary Force records.
The Adjutant General's Office decided they did not have authority
to declassify the publications and would have to approach each
government for a determination on its originated publications. After
almost a year, the National Archives received authority to declassify
the publications. Despite this rather conservative approach, the
military has been inclined to take a very liberal view toward opening
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In the few instances when requests for declassification have been
forwarded by the military services to the country of origin for
determination, declassification has usually been authorized.
However, referring declassification requests to each country of
origin is difficult, time consuming, and impractical for all but
the most limited requests. As a consequence, most foreign
classified material remains closed for an indefinite period.
The President's Executive Order and the work of the Interagency
Classification Review Committee in overseeing that Order, have,
in less than a year, produced the most significant changes in
a generation in making valuable material available for citizens
and for the scholars and journalists who serve them. These changes
symbolize a new approach to an old problem. They have aroused
expectations whose lack of fulfillment will provoke severe criticism
among those whose articulateness and influence on the public can
seriously harm public acceptance of the declassification program.
A large body of indefinitely classified material (or of material
kept classified for an iyiordinately long time) cannot but feed such
criticism.
JAMES E. O'NEILL
GC L 1tG' r- C , L~ f'~.C L
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DEPARTMENT OF DEFENS
OFFICE OF GENERAL COUNSEL
WASHINGTON, D. C. 20301
April 26, 1973
MEMORANDUM FOR Mr. Richard Tufaro
SUBJECT: Foreign Classified Information
My attention has been directed to the ICRC Minutes of March 7, 1973,
in which State and AEC are reported to have said that "all foreign
classified material" is not considered to be exempt from the General
Declassification Schedule (GDS). I am informed that this is in violation
of the security agreements the United States has signed with various
countries. Under theee agreements, the United States cannot take
unilateral action to downgrade and declassify foreign origin classified
information which has been entrusted to the U. S. See attached Change
No. 2 to USSAN Instruction 1-69, "Implementation of NATO Security
Procedure (U), " December 20, 1969, p. 24. It provides in part,
"NATO classified documents may be downgraded or declassified only
by or with the consent of the originating office
The U.S. is obligated to respect the security classification that foreign
originators have as signed to their information and material for so long
as they, not we, say it is classified. They must do the same for our
information and material. There is no leeway to "give separate con-
sideration to that sensitive portion of foreign material which warrants
classification beyond the 30-year limit, " as you suggest. We can request
the foreign government to review the continued validity of the classifica-
tion, but that is as far as we can go.
The following rules have been proposed to me. I believe they deserve
consideration.
a. Whenever the U.S. Government receives documents or
other material which have been originated and classified
by a foreign government, those documents shall remain.
classified until downgraded or declassified by the foreign
government. Such documents or materials are not subject
to the U. S. General Declassification Schedule, and are not
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