COMPLIANCE WITH EXECUTIVE ORDER 12065- -REQUESTS FOR ISOO WAIVERS OF CERTAIN CLASSIFICATION REVIEW REQUIREMENTS
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP83-00156R000300010056-3
Release Decision:
RIPPUB
Original Classification:
C
Document Page Count:
5
Document Creation Date:
December 15, 2016
Document Release Date:
November 7, 2003
Sequence Number:
56
Case Number:
Publication Date:
February 13, 1979
Content Type:
MF
File:
Attachment | Size |
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Body:
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Approved Fo*lease 2t,0ll1~1500300010056-3
.MEMORANDUM FOR: Deputy Director of Central Intelligence
Deputy Director for Operations
Deputy Director for National Foreign Assessment
Deputy Director for Science and Technology
Deputy Director for Administration
General Counsel
FROM
e Information Systems Analysis Staff
SUBJECT : Compliance with Executive Order 12065--Requests for
ISOO Waivers of Certain Classification Review
Req,;4 renient,
REFERENCES A.
B. Letter from the Archivist of the United States
dated 19 December 1978, attached (w/enclosure)
C. lpftpr from the DCI dated 1 December 1978, attached
D.
E. Memorandum dated 21 December 197E:, attached
(w/o enclosure)
1. As addressees are aware, E.O. 12065 (effective 1 December 1978)
Provides that classified information under Agency jurisdiction must be
systematically reviewed for declassification as it becomes 20 years old.
"Foreign government information" (see paragraph 3f below) is exempt from
the 20-year review requirements, but must be reviewed as it becomes
30 years old. The Order also requires i r by 31 May 1979 of Agency
guidelines for conducting such reviews.
2. These guidelines, to be published in the Federal Re ister as
mandated by the Order, must enable the U.S. Archivist to identify infor-
mation requiring review by CIA and must also provide guidance for the
Agency's own classification review process. The Order requires the
guidelines to "state specific, limited categories of information which,
because of their unusual security sensitivity, should not be declassified
automatically but should be reviewed item-by-item to determine whether
continued protection beyond twenty years is needed." The guidelines
must also state that the information in each category will either be
automatically declassified within 10 years after such review or will
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SUBJECT: Compliance with Executive Order 12065--Requests for ISO
Waivers of Certain Classification Review Requirements 25
be reviewed again within another 10 years--unless this 10-year
re-review requirement is waived by the Information Security Oversight
Office (ISOO). See also Reference A (paragraphs 15d and 15e),
Reference B (paragraph Bl), and, as regards the mission and functions
of the ISOO, Reference D (paragraphs a, b, and c).
3. Preparation of the required guidelines is the responsibility
of the Classification Review Group (CRG), ISAS/DDA (see Reference A,
paragraphs 14 and 15), in coordination with addressees. The CRC has
tentatively identified the following general categories of information
for which IS00 waivers of the 10-year re-review requirement would be
desirable:
a. Unevaluated intelligence disseminations in the SO, DB,
and 00 series (as well as similar disseminations in the CS, FIR,
etc. series), along with intelligence reporting from field
stations, in which the format, subject matter, source descriptions,
and/or other content could, in sequential aggregates of such
material, reveal the interests, requirements, and scope of Agency
collection activities in particular countries or area; and could
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also identify certain intelligence sources or methods.
[Note: Per Reference C, the DCI has already apprised
the Archivist of the need to continue classification protection
of information in this category beyond twenty years and has
indicated that it is planned to seek ISOO waiver of t: he 10-year
re-review requirement for such information. A waiver specifying
re-review 30 years following the initial review seems appropriate
for this category.] F__ I
b. Counterintelligence information concerning the missions,
functions, activities, organization, and/or personnel of foreign
intelligence or security services, or other foreign organizations
or groups engaged in or capable of activities inimical to U.S.
interests, for which the Agency is the primary United States
Government repository pursuant to the provisions of the National
Security Act of 1947 as further detailed in NSCID 5 of
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17 February 1972.
[Note: Information within this general CI category,
will, of course, vary considerably as to the length of time
during which it will remain sensitive and thus require continued
classification protection. To the extent that this sensitivity
duration can be gauged for various specific types of CI material,
several kinds of ISOD waivers could appropriately he requested;
e.g., the types of information assessed as requiring the longest
period of protection could be placed under a waiver specifying
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SUBJECT: Compliance with Executive Order 12065--Requests for JSOO
Waivers of Certain Classification Review Requirements
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re-review within 50 years of the initial review for declassification;
those which would retain sensitivity for more than 20 years after
initial review but are likely to have lost it in-less than 50 years
could be re-reviewed in 40 or even 30 years, while some may require
no waivers at all. The CRG will coordinate and work with DO/IMS
and the CI Staff, as appropriate, to identify and define as
precisely as possible the kinds of CI information for which ISOO
waivers of the 10-year re-review requirement may be needed s
well as the re-review intervals appropriate for each.] 25
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c. Other information for which ISOO waiver(s) of the 10-year
re-review requirement could appropriately be requested in line
with the DCI's authority under E.O. 12065 to- "establish special
procedures for systematic review and declassification of classified
information concerning the identities of clandestine human agents
(Reference A, paragraph 15f)." I I
d. Information subject to special access programs (section
4-2 of E.O. 12065 and various provisions of 1_.0. 12036, dated
24 January 1978), including Sensitive Co!nnpartnu'nt-eed Information
(SCI). 0
[Note: Reference C provides policy and guidance for the
initial classification of information in the above two categories
Tc and d un er E. . 2065, but does not address the matter of its
handling under this Order's provisions concerning systematic
review for declassification. One or more ISOO waivers of the
10-year re-review requirement would seem desirable, depending
upon the number and nature of the "specific, limited categories
of information" into which the general categories described in
c and d above may be subdivided. In many if not most cases, such
information seems likely to require extension of classification
for more than 20 years after initial classification review (i.e.,
the initial review would probably establish a need for such
extension). Waivers specifying re-review in 50 years for infor-
mation in categories of greatest sensitivity, and in 30 years
for that in less sensitive ones, would appear to be appropriate
e. "Cryptologic information" (Reference A, paragraph 15q)
held by the Agency or for which the Agency is responsible
[Note: By specific provision of the Executive Order,
the Secretary of Defense has authority in this area. It is
assumed that any 1500 waivers of re-review requirements that
may be needed for this information category will be requested
and justified by the Secretary of Defense.] F__1
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f. "Foreign government information"
9b) furnished to the Agency as a result
The Order bars automatic declassificatio
(Re
of l
n of
ference A, paragraph
iaison arrangements.
such information
without the consent of the foreign gover
concerned, but provides that after the i
re-reviewed for declassification at 10-y
this requirement is waived by the ISOO.
nmen
niti
ear
II
ts or organizations
al review it must be
intervals unless
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[Note: Re-review of liaison informati
could entail a large volume and constant-flow
between the Agency and the foreign entities co
inevitable detriment of our liaison relationsh
our experience to date that such entities over
declassification of information they have give
providing for the re-review 50 years after the
would seem appropriate for such information.]
on e
of c
ncer
ips.
whel
n its
ini
n
very 10 years
orrespondence
ned, to the
It has been
mingly oppose
. A waiver
tial review
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4. Addressees' comments, and especially their identificati
any additional categories of information for which they may desi
ISOO waivers of re-review requirements together with suitable
j
tifi
ti
on of
re
us
ca
ons therefore, are needed by COB on 28 February 1979.
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Attachments:
1. Letter from the Archivist of the United
States dated 19 December 1978
2. Letter from the DC1 dated 1 December 1978
3. DCI Memorandum dated 21 December 1978
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SUBJECT: Compliance with Executive Order 12065--Requests for ISOO
Waivers of Certain Classification Review Requirements[
f. "Foreign government information" (Reference A, paragraph
9b) furnished to the Agency as a result of liaison arrangements.
The Order bars automatic declassification of such information
without the consent of the foreign governments or organizations
concerned, but provides that after the initial review it must be
re-reviewed for declassification at 10- 'tervals unless
this requirement is waived by the IS00.
[Note: Re-review of liaison information every 10 years
could entail a large volume and constant-flow of correspondence
between the Agency and the foreign entities concerned, to the
inevitable detriment of our liaison relationships. It has been
our experience to date that such entities overwhelmingly oppose
declassification of information they have given its. A waiver
providing for the re-review 50 years after the initial review
would seem appropriate for such information.]I I
4. Addressees' comments, and especially their identification of
any additional categories of information for which they may desire
ISOO waivers of re-review requirements together with suitable
justifications therefore, are needed by COB on 28 February 1979.1
Attachments:
1. Letter from the Archivist of the United
States dated 19 December 1978
2. Letter from the DC1 dated 1 December 1978
3. DCI Memorandum dated 21 December 1978
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