GIFTS TO CIA (JOB #9923)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87-01130R000100100048-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 16, 2016
• Document Release Date: July 13, 2005
• Sequence Number: 48
• Publication Date: May 24, 1982
• Content Type: MF

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Bruce T. Johnson
Chairman, Fine Arts Commission
MEMORANDUM FOR: Chief, Regulations Control Division
FROM:
SUBJECT:
REFERENCE:
Proposed
#9923)
2 4 4fAy 1982
Gifts to CIA (Job STAT
Your Memorandum dated 28 April 1982,
same subject
The Fine Arts Commission concurs with the proposed
STAT Gifts to CIA (Job #9923).
/S/ BruGO T. JG 150ri
Bruce T. Johnson
STAT O/D/ODP/Farrell/ 1(21 May 82)
Distribution:
1 - Addressee
1 - O/D/ODP
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28 April 1982
MEMORANDUM FOR: Executive Director
Deputy Director for Intelligence
Deputy Director for Operations
Deputy Director for Science and Technology
Inspector General
Comptroller
I
Proposed
FOR YOUR CONCURRENCE OR COMMENTS:
Gifts to CIA (Job #9923)
1. This proposed Q was initiated by the Office of General
Counsel to set forth the policy and procedures for accepting and
administering gifts to the CIA in accordance with the CIA Act of 1949.
2. Please forward your concurrence and/or comments to the under-
signed by 19 May 1982. A concurrence sheet is attached for your
convenience.
25X1
Attachments:
A. Concurre
B. Proposed
cc: AO/DCI OF
SSA/DDA OL
D/OIS OS
OGC FAC
UNCLASSIFIED WHEN SEPARATED
FROM ATTACHMENT
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C-O-N-F-I-D-E-N-T-I-A-L
Chief, Regulations Control Division
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19. GIFTS TO CIA (U)
SYNOPSIS. This regulation sets forth the policy and
procedures for accepting and administering gifts to the CIA in
accordance with Section 12 of the CIA Act of 1949 (50 U.S.C.
4031). This regulation does not govern gifts received personally
by Agency officers and employees
a. POLICY. Section 12 of the CIA Act of 1949
authorizes the Director of Central Intelligence (DCI) to accept,
hold, administer, and'use gifts of money; securities, and other
property whenever the DCI determines that it would be in the
interest of the United States to do so. All gifts of intangible
property and related income and proceeds are deposited in a
special fund of the Treasury of the United States from which
the DCI may authorize disbursements for lawful purposes. Gifts,
/a/
and income from gifts, may be used only for artistic display or
for purposes relating to the general welfare, education, or
recreation of Agency employees or their dependents, or for
similar purposes. Under no circumstanc4s may gifts, or income
from gifts, be used for operational purposes. No gift may be
accepted which is expressly conditioned upon an expenditure not
to be met from the gift itself or the income it produces, unless
the expenditure has been authorized by law. By approval of this
t CIA Act. (U)
/the/
25X1
regulation, the DCI delegates this authority under Section 12 of 25X1
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b. DEFINITIONS
(1) ''Agency Gift Administrator'' or ''Administrator''
means the Director of Finance or designee.
(2) ''Permissible purposes'' means artistic display;
the general welfare, 'education, or recreation of Agency employees
or their dependents; and similar purposes.
(3) ''Tangibles'' means real property and tangible
personal property.
(4) ''Intangibles'' means intangible personal
property, including money and securities.
(5) ''U.S. Treasury fund'' means the fund created
on the books of the Treasury for deposit of gifts in accordance
with Section 12 of the CIA Act of 1949. (U)
c. RESPONSIBILITIES
(1) The Agency Gifts Administrator (''Administrator'')
(a) Serve as the focal point within the Agency for
inquiries from potential donors of gifts.
(b) Receive and administer gifts to the Agency with
the assistance of the Director of Logistics, if necessary.
(2) The General Counsel will provide legal advice
to the Administrator concerning the receipt and administration
of gifts to the Agency. (U)
d. ACCEPTANCE OF GIFTS
(1) All inquiries from potential donors will be
referred to the Administrator. If the Administrator determines,
after consultation with appropriate Agency officials, that the
Agency has a use for the gift and that the benefits of the gift
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would outweigh the burden of administering it, he or she will
forward to the Deputy Director for Administration (DDA) a
request for a determination that acceptance, holding, adminis-
tration, and use of the proposed gift to the Agency would be
in the interest of the United States. If the potential donor
is under cover or was separated from the Agency under cover,
the Administrator will coordinate the request with the Chief,
Central Cover Staff. .(-Q4
(2) If the DDA makes the requested determination,
the Administrator will arrange for receiving the gift,
obtaining any necessary assistance from the Director of
Logistics. Except when a donor's cover requires otherwise,
the Administrator will provide the donor with a copy of the
DDA's determination and an itemized receipt for the gift item(s)
received. When the donor's cover requires otherwise, the
Administrator will provide the donor with such evidence of the
gift as the donor; the Chief, Central Cover Staff; and the
-General Counsel agree is appropriate in the particular case. (C)
e. ADMINISTRATION OF GIFTS
(1) GIFTS OF INTANGIBLES. The Administrator will
deposit all gifts of intangibles, and all earnings and proceeds
of such gifts, into the U.S. Treasury fund. The Administrator
may forward to the DDA, through the General Counsel, requests
for orders to disburse the assets of the Treasury fund for:
(a) Permissible purposes for use of gifts.
(b) Investment of the assets in interest-bearing
U.S. obligations or obligations guaranteed both as to prt-lam
and interest by the U.S.
/principal/
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The Administrator will disburse assets from the fund
only upon the DDA's orders and only in accordance with those
orders. k -u-x'
(2) GIFTS OF TANGIBLES. Upon receipt of gifts of
tangibles, the Administrator, in consultation with the General
Counsel, the Director of Logistics, and the Fine Arts commission,
as appropriate, will determine the proper disposition of the
gifts for permissible purposes, consistent with the needs of
the Agency and any terms of the gifts. The Administrator may
approve display or storage of the gifts. At least annually,
the Administrator will review all tangible gifts currently held
to determine whether they should continue to be held and, when
appropriate, will recommend disposal (by sale or exchange) to the
DDA.for approval. The Office of Logistics will conduct all
authorized sales and exchanges of tangible gifts through its
existing disposal capabilities and will surrender the proceeds
to the Administrator.. The Administrator will deposit all
intangible proceeds in the U.S. Treasury fund. All authorized
displays of tangible gifts will be administered by the Fine Arts
Commission, subject to the authority of the Administrator under
.this regulation. (U)
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