JANUARY 1973 MEETING OF ICRC

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77-00389R000100080028-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 15, 2016
• Document Release Date: August 4, 2003
• Sequence Number: 28
• Publication Date: January 12, 1973
• Content Type: MFR

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OGC 73-0055 8C Has Reviewed
NSC REVIEW
12 January 1973 COMPLETED,
6/26/2003
MEMORANDUM FOR THE RECORD
SUBJECT: January 1973 Meeting of ICRC
1. The January meeting of the ICRC was held in the Executive
Office Building at 10:00 a.m. , on 10 January. Chairman Eisenhower
announced that Dr. Kissinger approved the release of the Gaither
Report in line with the ICRC action of December. Eisenhower also
suggested that in considering appeals from NSC denials in the future
ICRC should regard the NSC Staff and Kissinger as different entities
or organizations. It is not clear, to me, what this means.
2. The December minutes were approved following a comment
by Mr. Houston to the effect that comments on the report forms had
been requested to be submitted as soon as possible rather than by
15 December. It was noted that in any event revised forms have been
circulated. In this regard, Tufaro had sent revised forms to us some
10 days ago which we have not received and he furnished me with a new
set.
3. The Committee then considered and took the following action
on NSC 68 and related papers concerning Korea and Formosa in 1950.
The appeal is by William Stueck, said to be a professor in Rhode Island,
from a denial by NSC. Tom Latimer and, to some extent, David Young
of NSC spoke in support of the position of NSC against release of these
documents at this time. The thought was that release by the govern-
ment at this time might disturb the South Korean Government in its
current shifting relationships concerning North Korea and the U. S.
and the world, and might adversely affect current and upcoming U. S.
negotiations with the U.S.S.R. Concern was expressed regarding the
impact on both Chinese governments. Neither Latimer nor Young
really agreed with the position they were presenting but indicated
they were compelled to present it and indeed Young recorded his vote
in support of the NSC Staff position. Latimer noted that Dr. Kissinger
had been much more liberal on the Gaither Report than his Staff had
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been and it is quite possible that he will be likewise with respect to
these documents. The Committee approved the declassification of
NSC 68 with the deletion of the last paragraph on page 19 and the
first paragraph on page 20. This deletion was made at the request
of Mr. Houston, and several members, including Chairman Eisen-
hower, supported it even though they indicated their own view that
no harm would be done if those paragraphs were not deleted. The
Committee also approved for declassification NSC 81 with the dele-
tion of paragraph 22. a. , which paragraph concerns U. S. treatment
of prisoners during the Korean War. The Committee also approved
for declassification NSC 8/1 and 8/2 and NSC minutes of 22 March
and 29 December 1949 and 20 April, 28 and 29 June and 6 and 27 July
1950. It was announced also that NSC 48/1 and 48/2, which Stueck
had requested, were found to have been published by Defense at an
earlier date. In forwarding these decisions to Dr. Kissinger, ICRC
will note the NSC Staff views that current U. S. negotiations and
relations with several governments argue against declassification
at this time. Tufaro asked all concerned to destroy their copies of
the NSC papers which are the subject of the Stueck appeal. Mr.
Houston handed him some of ours and I have destroyed the remainder.
Two items stand out in my mind from the discussion of these papers.
One was that the members were addressing themselves to the merits
of the classification of these documents, as indeed the Executive
Order contemplates. This points up one area of serious weakness
in the Order, namely, that subordinates of agency heads are put in
a position of voting on a matter in which their departments may not
have expertise or responsibility. The AEC member, for example,
acknowledged his ignorance on U. S. -Chinese relations, but spoke,
and voted, concerning the Formosa documents. Secondly, Mr. Rhoads,
the Archivist, was a strong advocate of declassification. My impression
is he is likely to push for declassification at every opportunity.
4. The Committee then considered the procedures paper which
the working group had prepared subsequent to the December meeting.
In conjunction with this the Committee also considered issues set forth
in a paper distributed by Mr. Tufaro at the meeting. The Committee
concluded to defer whether or not to crank into the procedures paper a
provision to the effect that ICRC lacks authority with respect to questions
involving intelligence sources and methods. It was recognized that the
procedures treatment of this question will be determined by the resolu-
tion of the issue raised by the CIA handling of the AP appeal from the
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CIA denial in December. The Committee deferred to the working
group for further recommendations as to whether the procedures
may be in terms which would permit ICRC to refuse to consider
certain appeals. The working group also is to recommend with
respect to whether ICRC should accept an appeal if the requested
document is one which could be withheld, whether declassified or
not, under the Freedom of Information Act. The working group is
to consider further the question of whether a department whose
denial is the subject of an appeal may vote on that appeal. Chair-
man Eisenhower asked the working group to address the procedures
matter again. He also asked that the Committee be prepared to
approve procedures at the February meeting. At Mr. Andrews'
(Defense) suggestion Mr. Tufaro was asked to consult with all the
ICRC members or their assistants in connection with the work of
the working group so that ICRC will be prepared to approve the
paper which the working group produces.
Associate General Counsel
Executive Director-Comptroller
SA /Information Control
STATINTL
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