DISPOSITION OF CAPTURED JAPANESE DOCUMENTS.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00706R000100260006-7
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 6
• Document Creation Date: December 23, 2016
• Document Release Date: December 11, 2013
• Sequence Number: 6
• Publication Date: November 18, 1947
• Content Type: MEMO

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CIA-RDP81-00706R000100260006-7 CONFIDENTIAL 14vamber 1947
425J
MUM COMO.
Subjects - Disposition of Captured Japanese Doeusents.
The Joint griefs of Staff per 9501,15, slated. 13
Aswat 1946s. subjectsInstribution of Savants of Combined
said Joint Operati." as approved 28 August 1946, deals with
tbs problem of determining the grows of zwilk etsich do rot
properly belong in the arohivas of the War or Wray Departmentair
anI resommosis to the Joint Meta of Staff, cat the basis of -'
I the deparimant uhich should be deadgnisted aus.
,?1, JCS 950/15 provides for the disposition of cap-
ture. Wermen aud Japanese documents as follows
[,
presently held by either the
be retnined In the tiles of the
of then/ and my additional
come lirto the custody of
in the archives of the De.
a *ajar interest In the records involved.
miU be filedintbe mehive.
.rk interest in the reheard* In.-
these will not be filed la the str.
they have hear exploited An* intelligence
c/ )
-Diets *mad be- nude of the distinetion made as to their handling
betties* Serum and Zweneee &mounts.
soonest/on with the tim of Metal*
the Director of into War Department
U e, Chief of Serval determined
Intelligence Oroup wee best equipped to handle
veld. III 11111101102VOkall. tbs Direetor of Intel.
and the Chief of Naval intelligence requested
Director of -Central Intellifpnee
aseordsmee with pngvth 3. e. of the President's
? of 22 Oxman 19k61 pereene for the beeetit of --
the intelligense agencies the processing* dissmaine.
mad housing of all *tiptoed aespanese dormant.. Aga
I e furnish a final rapositery for ems.
In asitmorsodus dated 2 lloveaber 19460 the Director of Central
Intelligenee eeevted
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title to such documents as are transferred to the National Archives.
In a Memorandum to the General Counsel, dated 19 August
1947, Subjectfor: Ceptured, Documents, disposition of, the Assistant-
Direetor Collection end Dissesdnation propounded certain ques-
time which he desired to be answered for his.guidance in this
matter. These questions, and the answers thereto, are ccetidered
herewith,
CIA-RDP81-00706R000100260006-7 W
The law regarding disposition of records delmme records
(44 trfICA 366) to include
". . . all books, papers, maps, photographs,or other documen-
tary materials, regardless of physical forwor characteristics,
made or received by& agency of the United States Government
in pursuance of Federal law or in eonnection with the trans- -
action of ? lie business and preserved or appropriate for pre.-
-
servation that agency . . because of the informational
value of data contained therein."
This indicates that captured documents would be cone. -
sidered as records received b7 an mew of the United States Govern.
meet "in connection with the transaction of public business imhidh
midOrt be appropriate for preservation "Weans* of the informational
value of data contained therein." This opinion :has been sonearred in
by the Offices of Arebivist.
Weever, note ihould be taken of the additional clause
in the section of the law cited Above, 'Midi states that:
"Library and museum material made or acquired and preserved
solely for reference or ethibitimplunmees? extra copies of
documents preserved only for convenience of reference . . .
are not included within the definition of the word 'reeords'
? S ?
Care should be exercised in that-the material trans-
ferred to Archives should be record material - be/a:sally government
records. It is at that point that the line between Archives and the
Library of Congress appears to be drawn. If the material consists of
books, periodicals, or general printed material, it does not always
fall within the legal definition of "records" and, therefore, is not
within the provisions of the Federal Disposal Act; rather this me,
terial would be considered "library amdamumm material" and would
be transferred to the Library of Congress. Eneemer, in the last
analysis, it is not s, question of sical form, or characteristics
but rather whether it is a record the material sense. For
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enople, certain rules and regulations of a imams. Itinistry way
be riated up. la book faro, but these would be eassidered records
to the Ministry sod,_therefores =rad be transferred to
Arehives. pralisbed asp* of the Jepsnese liar
Klaistry ere eassidered to be .u.eut to the lier Itinistry !Words,
sad, therefore, would be torrid to thr Archives.
tiaa be node la the
siuz,
The answer to this question. is la the segetive. She
statute orreries records, (cited in the armee to sstton 10 shove),
ripeeke of Mani "regarelme ef vilyadeal fora or ?ist.rtstics -
mom of law or In emiestion with the tranesetini of pall*
. , rseetZdtil agency of ow the mini* States Gommnt in pur.
e
business
e Oertainlythe prosecution of the leer was "trans.
m rh
ai= of pieile business."
While it is noted that son of these records are of
private inalividaals or business sonswass it is the feclift of the
offiee of the Arehiviet that no attempt should be soda to distinguish
between then end Jwise.s ft-inzmutW- records. It is felt that no
serious attempt to b..k the* doss *mid be nide, and that the
nejwity of Mr, sr eirceld be ecosidereit as dovermental resorts, as
they are Waited States room)* septet'.. (this does not &sage law
thought sepressed in the mem to question 1, as to the Imps of -
neterial to be forwarded to the Maim of eitairreelii but nerely
between grveremental records an the cue b, aid private
isms resold* of tbo Japanese on the other.)
It idrould be noted that the records, to fall within the
purview of the statute, ant be esptured or seised offielelly by our
mod forme, awl should not consist of personal loot.
Owe should be tektra, however, in Gametal= with their
destrustien, that doormats *ash are of value to is other
gm CIA abould not be destroyed. 'bey shoat be discoid of in
asoardenee with *lee disoussei below. Mirecial reIghtsubt be
taken, In :seats for final dispasiticu or destreetice.,
tint no retard be destroyed eirich would be of future valve to
the nailed States either as a defies= sinst possthl future suits
for elaine against this geeczt? or terisl ebiah night be
flawed in seise find reparations bill. loartioulsr WM should be
ellarelied in econection with 4110pterei patents sad similar dooments.
It is for this mean, tint the &fun of the Archivist feels that
CIA should not attempt te distinveish between allite governorate).
sad buslaess i ry?nt rather should keep awra tegetlear la
Amadei* ilwa 4iit,jIIguwi sepleitetion los bent esiekleted,
/VW rtnt-trrt a
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3. The authority of CIA to_dest.roy such eaptured
decussate as are airteded bf or so ittraiii~
CIA has no authority to destroy captured documents
except under the terms of the Fe6nNal Disposal Act. It is necessary,
ehen CIA desires to destroy documents, to request permission of the
letional Archives, Which in tins? requests permission of Onsgress.
Congress then Inform the Archives of its derision. The request
front CIA to the Archives is set forth in schedules for destruetica of
demaments and is a fixed fore. These zmwsts TiVal
relaa.
Tore
or eh they dem of no intelligenee value, and of
no Taus fortransfer, they should make arrangenents ?
for their scheduling.ilt should be noted that awe it has bean de.
Unitised that a certain class of documents mey be destroyed, recur.
riig permission need not be obtained frame the Archivist for the
des on of this class of dommaint.
4. The authority or tiofClAtotrenafer
other agencies or Oki racOoktGo t*eh lardsti_abeftillts
*we leba) maihrtat to iiii_retidia WiWOW. 7
This authority for inter.samsy_transhrr is provided in
ihneartive Order 9784? dated 25 September 1946. This order provides
that s.
Ito records shall be transferred Irf one to the ousted,
of another seamy without the approval of the Director of lite
Bureau of the Budget except for their retirement to thaiso.
Waal Archives, as a tee loan for official use or as
may be otherwise required by statute or Ibiesutive ardor."
The regulaticas aversive inter.samay trimester the Bureau of
the et should be ascertained and pleased In Where it
has.been established that certain records should be the subject of
--In transfer* CIA should request the Director of the
for a recurring and continuing rigist to transfer
of round to the specific cancy.
Such documents as CIA wishes to di se of in this
master must be scheduled for disposal to the who in turn--
will request on to dispose ?Once per.
Nialtica for on has bean secured, a further request
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shembi timaa be addrsawei to
for *postal disposal of the
private interests.
4. 6
requesting permission
dissemination to
Assistant SensreLCounsel
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