CONTROL OF DISSEMINATION OF FOREIGN INTELLIGENCE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82M00591R000300130001-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 15, 2016
• Document Release Date: February 17, 2004
• Sequence Number: 1
• Publication Date: May 18, 1976
• Content Type: REGULATION

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DIRECTOR OF CENTRAL INTELLIGENCE DIRECTIVE NO. 1/7'
CONTROL OF DISSEMINATION OF FOREIGN INTELLIGENCE
(Effective 18 May 1976)
Pursuant to Section 102 of the National Security Act of 1947, Executive
Order 11905 and National Security Council Intelligence Directives, certain con-
trols on dissemination of foreign intelligence and related material 2 (hereafter
referred to as foreign intelligence) are hereby established and promulgated.
1. Purpose
This directive establishes certain common controls and procedures for the
use and dissemination of foreign intelligence to ensure that, while facilitating
the interchange of information for intelligence purposes, there will be adequate
protection of foreign intelligence sources and methods. This directive restates
applicable portions of National Security Council Directive of 17 May 1972
implementing Executive Order 11652, and prescribes additional controls ap-
plicable to the US foreign intelligence mission. The policy on release of foreign
intelligence to contractors is set forth in the Attachment.
2. Applicability
The controls and procedures set forth in this directive shall be uniformly
applied within the Executive Branch of the Government in handling of all ma-
terials containing foreign intelligence originated by Intelligence Community
organizations as defined by Section 2(b) of Executive Order 11905.
3. National Security Council Directive
a. National Security Council Directive of 17 May 1972 implementing
Executive Order JL1652 stipulates that, except as otherwise provided by
Section 102 of the National Security Act of 1947, classified information or
material originating in one department shall not be disseminated outside
any other department to which it has been made available without the
consent of the originating department. This restriction on dissemination
is commonly described as the "third agency rule."
b. The NSC :Directive stipulates that the dissemination of classified
information, including intelligence and intelligence information, orally,
I This directive supersedes DCID No. 1/7 effective 5 October 1975.
2 For purposes of this directive, "related material" includes: information describing US
foreign intelligence sources and methods, equipment and methodology unique to the ac-
quisition or exploitation of foreign intelligence, foreign military hardware obtained for ex-
ploitation and photography or recordings resulting from US foreign intelligence collection
efforts.
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in writing or by any other means, shall be limited to those persons whose
official duties or contractual obligations require knowledge or possession
thereof. This is commonly referred to as the "need-to-know" principle.
c. The NSC Directive also states that documents or portions of docu-
ments containing TOP SECRET information shall not be reproduced with-
out the consent of the originating office. All other classified material shall
be reproduced sparingly and any stated prohibition against reproduction
shall be strictly adhered to.
d. The NSC Directive further requires that the marking, "WARNING
NOTICE-SENSITIVE INTELLIGENCE SOURCES AND METHODS
INVOLVED," be prominently displayed on all information and materials
relating to sensitive intelligence sources and methods; and, that materials
so marked will not be disseminated in any manner outside authorized
channels without the permission of the originating department and an
assessment by the senior :intelligence official in the disseminating depart-
ment as to the potential risk to the national security and to the intelligence
sources and methods involved.3 For special purposes, primarily bibliographic
notation, communications or automatic data processing, this marking may
be abbreviated WNINTEL.
a. To facilitate the dissemination and different uses made of classified
foreign intelligence within and among Intelligence Community organiza-
tions and to assure the timely provision of intelligence to consumers and
to handle the volume of such materials in a practical way, it is necessary
to provide controlled relief to the "third agency rule" within the Intelligence
Community in addition to that provided by Section 102 of the National
Security Act of 1947. Accordingly, Intelligence Community organizations
have been given advance authorization to use each other's classified foreign
intelligence in their respective intelligence documents, publications or other
information media, and to disseminate their products to third agencies or
foreign governments,4 subject to limitations and procedures prescribed in
this directive.
b. Classified foreign intelligence documents, even though they bear
no control markings, will not be released in their original form to third
agencies or foreign governments without permission of the originator. In-
formation contained in classified foreign intelligence documents of another
organization may be extracted or paraphrased and used by the recipient
Intelligence Community organization in classified foreign intelligence reports
and released to third agencies, except as specifically restricted by control
.o Unless otherwise specified by the Director of Central Intelligence in consultation with
the National Foreign Intelligence Board or as agreed to between originating and recipient
agencies, authorized channels include Intelligence Community organizations and within
each organization (including their contractors and consultants) as determined by the recipient
senior intelligence official.
4 Excepting RESTRICTED DATA and formerly RESTRICTED DATA, which is pro-
hibited from foreign dissemination under Sections 123 and 144 of Public Law 585, Atomic
Energy Act of 1954, as amended.
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markings prescribed in this directive. For purposes of this authorization,
"WARNING NOTICE-SENSITIVE INTELLIGENCE SOURCES AND
METHODS INVOLVED" shall not be considered a restrictive marking.
c. Information contained in classified foreign intelligence documents
of another organization not bearing any control markings may be extracted
or paraphrased and used by the recipient Intelligence Community organiza-
tion in reports disseminated to foreign governments provided: r,
(1) No reference is made to the source documents upon which
the released product is based.
(2) The source and manner of acquisition of the information are
not revealed.
(3) Foreign release is made through established foreign disclosure
channels and procedures.
d. Any organization disseminating foreign intelligence beyond the
organizations of the Intelligence Community shall be responsible for en-
suring that recipient organizations understand and agree to observe the
restrictions prescribed by this directive and maintain adequate safeguards.
e. No release of a classified foreign intelligence document, whether
or not bearing a control marking, shall be made to foreign nationals and
immigrant aliens, including US Government employed, utilized or inte-
grated foreign nationals and immigrant aliens, without the permission of
the originating agency.
5. Additional authorized control markings
a. In addition to the WARNING NOTICE prescribed by NSC Direc-
tive, any of the following additional markings may be used on foreign in-
telligence whenever, in the opinion of the originating organization, extraor-
dinary circumstances related to the intelligence source or method require
more specific dissemination restrictions. Use of these markings shall be
limited to foreign intelligence, the disclosure of which, could: compromise
the status of collaborating foreign governments or officials or otherwise
seriously damage US relations with foreign governments; subject US
citizens or others to the possibility of personal danger or incarceration; se-
riously impair the continuing cooperation of private individuals providing
foreign intelligence; seriously affect the continuing viability of vital tech-
nical collection programs; or, result in the possible compromise or loss of
some unique foreign intelligence source or method. These control markings
will be individually assigned at the time of preparation of the completed
document and used in conjunction with classification and other markings
required by Executive Order 11652 and the implementing NSC Directive
and, unless otherwise indicated in 6a below, carried forward to any new
format in which that information is incorporated, including oral and visual
presentations.
R See footnote 4, paragraph 4a.
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(1) "DISSEMINATION AND EXTRACTION OF INFORMATION CON-
TROLLED BY ORIGINATOR'"
This marking shall be used when unique source sensitivity factors, known
to the originator, require strict compliance with third agency rule procedures,
in addition to a continuing knowledge and supervision on the part of the
originator as to the extent to which the original document and information
contained therein is disseminated. Documents and information bearing this
marking will not be disseminated beyond the Headquarters elements of the
recipient organizations and the information contained therein shall not be
extracted and incorporated into other reports without the permission of and
under conditions prescribed. by the originator. (For special purposes, pri-
marily bibliographic notation, communications and automatic data process-
ing, this marking may be abbreviated ORCON.)
(2) "NFIB DEPARTMENTS ONLY"
Foreign intelligence so marked will not be disseminated to organizations
not represented on the National Foreign Intelligence Board without the
permission of the originating agency. Within each National Foreign Intelli-
gence Board organization dissemination shall be as determined by the re-
cipient senior intelligence official, and may include organization contractors
and consultants unless specifically prohibited by addition of the "NOT RE-
LEASABLE TO CONTRACTORS OR CONTRACTOR/CONSULTANTS-
marking described below. (For special purposes, primarily bibliographic
notation, communications and automatic data processing, this marking may
be abbreviated NFIBONLY.)
(3) "NOT RELEASABLE TO CONTRACTORS OR CONTRACTOR/
CONSULTANTS"
Foreign intelligence so marked shall not be disseminated to contractors
or contractor consultants without the permission of the originating agency.
Examples of when this marking may be used include National Intelligence
Estimates and similar national intelligence reports and other foreign intel-
ligence, which, if disseminated to consultants or contractors, might seriously
impair the continuing cooperation of contributing private individuals. This
restriction shall not apply to those consultants hired under Civil Service
Commission procedures, or comparable procedures derived from authorities
vested in heads of organizations by law, and who are normally considered
an extension of the office by which they are employed. In applying this
control marking, originators will give consideration to the need of Intelli-
gence Community organizations to use contractor consultants and contractors
to perform services which cannot be adequately performed by US Govern-
ment personnel. (For special purposes, primarily bibliographic notation,
communications and automatic data processing, this marking may be ab-
breviated NOCONTRACT.)
(4) "CAUTION-PROPRIETARY INFORMATION INVOLVED"
This marking will be used in conjunction with foreign intelligence ob-
tained from various sources in the US private business, sector, and as the .in-
formation may bear upon proprietary interests of the source, or may
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this marking shall take every reasonable precaution to ensure that the infor-
mation is not used to the detriment of the source. This marking may be used
in conjunction with the "NOT RELEASABLE TO CONTRACTORS OR
CONTRACTOR/ CONSULTANTS" marking described above. (For special
purposes, primarily bibliographic notation, communications and automatic
data processing, this marking may be abbreviated PROPIN.)
(5) "NOT RELEASABLE TO FOREIGN NATIONALS"
Foreign intelligence so marked involves special considerations requiring
that it not be released in any form to foreign governments, foreign nationals
or non-US citizens without the permission of the originating agency. Ex-
amples of when this control marking may be used include: the possible
compromise of the status of relations with collaborating foreign governments,
or officials; or jeopardizing the continuing viability of vital technical col-
lection programs. (For special purposes, primarily bibliographic notation,
communications and automatic data processing, this marking may be ap-
breviated NOFORN.) When the originating agency predetermines that in-
formation can be released to a specified foreign government (s), the following
marking may be used: "THIS INFORMATION HAS BEEN AUTHORIZED
FOR RELEASE TO (specified country(s) ) ." (For special purposes, pri-
marily bibliographic notation, communications and automatic data process-
ing, this marking may be abbreviated "REL (specified country (s) ." )
8. Procedures governing use of control markings
a. Any recipient desiring to use foreign intelligence in a manner con-
trary to the restrictions established by the control markings set forth above
shall obtain the permission of the originating agency. Such permission applies
only to the specific purpose agreed to by the originator and does not auto-
matically apply to all recipients of the information as originally dissemi-
nated unless the originating agency removes the control markings for the
benefit of the recipients. In those cases where dissemination outside the
recipient agency is desired utilizing lesser or no control markings, the re-
cipient agency should prepare a sanitized version which may be released
with the originator's permission.
b. Control markings authorized in paragraphs 3d and 5 above, shall be
displayed prominently on documents, incorporated in the text of communi-
cation messages, and associated with data stored or processed in automatic
data processing systems. Unless the entire document justifies the protection
of the control marking(s), each portion requiring the marking (s) shall, to
the extent feasible, be marked with the appropriate marking abbreviation
authorized by this directive.
c. The standardized restrictions and control markings set forth in this
directive are to be employed uniformly by all organizations in the Intelli-
gence Community, thereby assuring like control and restrictions on the use
of foreign intelligence disseminated within the organizations represented on
the National Foreign Intelligence Board.
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d. The substance of this directive shall be published in appropriate
regulatory or notice media of each organization, together with appropriate
procedures permitting rapid interagency consultation concerning utilization
of intelligence and information. For this purpose, each Intelligence Com-
munity organization will designate a primary referent.
7. Report of unauthorized disclosure
Violations of the foregoing restrictions and control markings that result in
unauthorized disclosure by one agency of the foreign intelligence of another shall
be reported to the Director of Central Intelligence through the DCI Security
Committee.
S. Prior restrictions and markings
Questions with respect to the current application of control markings au-
thorized by earlier directives on the dissemination and control of intelligence
and utilized on documents issued prior to the date of this directive should be re-
ferred to the originating agency. These markings are: WARNING NOTICE-
SENSITIVE SOURCES AND METHODS INVOLVED, CONTROLLED DIS-
SEM, NSC PARTICIPATING AGENCIES ONLY, INTEL COMPONENTS
ONLY, LIMITED, CONTINUED CONTROL, NO DISSEM ABROAD, BACK-
GROUND USE ONLY and NO FOREIGN DISSEM.
George Bush
Director of Central Intelligence
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