CERTAIN PROCEDURES TO BE ESTABLISHED BY THE DCI AND TO BE APPROVED BY THE ATTORNEY GENERAL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00988R000400110062-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 12, 2016
• Document Release Date: March 28, 2002
• Sequence Number: 62
• Publication Date: May 5, 1978
• Content Type: MF

Approved For Release 2002/05/29 :CIA-RDP85-009888000400.110062-9
OGC REVIEW
COMPLETED
OGC 78-2939
5 May= 1978
MEMORANDUM FOR: Director of Central Intelligence ~--
~~-~-?
VIA
Deputy Director of Central Intelligence
~^~/~' !~
FROM Anthony A . Lapham
~L/yl `j `';-. 1 ?~ ) r
General Counsel
~ti i f ~
SUBJECT
Certain Procedures to be Established by the DCI ~"~; ~ ~ -- --
and to be Approved by the Attorney General ~ v ~ l ~~
1 . Action_ Requested: ~+
lecf-tio any~~a-ehments.
2. Background: As you are aware several sections of Executive Order
1203b require various heads of departments and agencies to establish procedures
for certain of their organization's activities . 1v4ost of these procedures will
~-equine Attorney General approval. Either }'ou or the ADCI have approved
the first five of these procedures, all of which have been forwarded to the
Department of Justice.
3. Working ~~ith the affected components within the Agenc}=, I have now
cornpleted the next two sets, which are attached. These two sets concern the
subject matters of covert procurement and assistance to law enforcement
authorities within the United States .
4. Unless you have objection to eithex of these two, I will forward them
to the Department of Justice for their review. As with the previous sets the}'
now represent just our views; thus, they will be subject to negotiation between
us and the Department. After we have reached agreement as to the final draft
for each of them , I will forward them to you for formal. approval . After that
approval they will be sent to the Attorney General for his approval. I expect
to follow the same course of Diction with respect to the other sets of required
procedures, which remain to be drafted.
5. As with the previous procedures, individuals designated by the
Deput}' Directors for Operations, Administration, Science & Technolog}', and
National Intelligence, and the Inspector General have participated witlri m}' Office
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 Approved For Relea,~2002/05/29 : CIA-RDP85-00988ROOOr~Q0110062-9
in the development of these drafts. Upon final agreement with the Departm~?nt
of 3ustice, I will seel: a formal concurrence with each of those Agenc}- ~~f=$~s~:~INTL
prior to forwarding them to you for approval.
Anthon}' A . Lapham
Attachments
APPROVED
DISAPPROVED:
DATE
~ ~~/~'
% ~ ~_ -
Director~ o~Central Intelligence
Director of Central Intelligence
1 5 J~1AY 197
OGC: JED: fes
Distribution:
Original -Addressee (returned to OGC for OGC Subj: E.O. 12036)
1 - Chrono
1 -JED Signer
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 0
Approved For Relea;,~-2002/05/29 :CIA-RDP85-009888000400110062-9
PROCEDURES RELATING TO COVERT PROCURE~~ENT
For the purposes of implementing Section z-303 of Elecutive Order
12036, the Director of Central Intelligence (DCI) has established and the
Attorney General has approved the following procedures relating to the
procurement by the Centz-al Intelligence Agency (CIA) and the Office of the
DCI of goods and services from private companies or institutions in the
United States without disclosure of CIA sponsorship to appropriate officials
of the company or institution. (Such procurement is referred to in these
procedures as ? covert procurement. ")
1. CIA will not contract or otherwise arrange for the provision of goods
or services with an academic institution in the United States unless CIA sponsor-
ship is known to the appropriate officials of the academic institution. This
restriction and these procedures do not apply to the registration or attendance
at an academic institution by a CIA employee, who is not publicly acknowledged
as such. That subject is governed by the Attorney General approved procedures
relating to undisclosed participation in domestic or ganizations .
2. CIA will not contract or otherwise arrange for the provision of goods
or services with a private company or institution in the United States unless.
a. CIA sponsorship is revealed to appropriate officials of the
company or organization; or
b . Concealment of CIA's sponsorship is determined by the DCI
or Deputy Director of Central Intelligence (DDCI) to be necessary to
maintain essential cover or proprietary arrangements for authorized
intelligence purposes.
This prohibition does not, however, require a disclosure that a procure-
ment is for CIA if the transaction is such that an individual malting the same
procurement in a private capacity would not be expected to disclose a principal
for whom such individual was acting .
3. CIA will not request or other-wise encourage, directly or indirectly,
an}' foreign person, organization or government agency to undertake any actin i
forbidden under these procedures.
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 1'I?.FZNii"l'TED r1~:TIVITIES
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4. Covert procurement is lawful and permissibl~if it is deter:nine;]
b}' the DCI or DDCI to be necessary;
a. to maintain the cover of CIA employees, activities, ~~,-ro~r-