LIAISON AND THE LAW: FOREIGN INTELLIGENCE AGENCIES' ACTIVITIES IN THE UNITED STATES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87M01152R000500620013-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 24
• Document Creation Date: December 22, 2016
• Document Release Date: March 18, 2010
• Sequence Number: 13
• Publication Date: December 1, 1984
• Content Type: REPORT

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Liaison and the Law: Foreign Intelligence
Agencies' Activities in the United States
Michael J. Glennon*
A student leaves his country, a United States ally infamous for its
human' rights violations, to attend college in the United States. He
socializes with fellow nationals on campus. Discussions center on
repression in his homeland, and he joins an anti-regime organization.
Thrbugh it, he attends meetings, distributes pamphlets, and joins
demonstrations. But he soon hears of dissident friends who, upon
returning home, are confronted with detailed accounts of their activ-
ities in the United States and are imprisoned and tortured. So he
withdraws into silence, leaving dissent to the foolhardy. For him, the
majesty of the first amendment exists only in government propaganda.
In recent years, concern has arisen among people in the United
States that certain states "friendly" to the United States engage in
activities within this country that are inconsistent with a congenial
state of bilateral relations.' The most prominent events generating
' Professor of Law, University of Cincinnati College of law; former Legal Counsel, Senate
Foreign Relations Committee. The events discussed or assumed in this article are intended as
hypothetical examples of occurrences which may have particular legal consequences. Footnoted
references to information available in the public record are intended merely to demonstrate the
plausibility of the hypothetical examples given and are not intended to suggest the existence of
additional occurrences or facts.
1. See STAFF OF SENATE SELECT COMMITTEE OF INTELLIGENCE, 95TH CONG., 2D SESS.,
ACTIVITIES OF "FRIENDLY FOREIGN INTELLIGENCE SERVICES IN THE UNITED STATES: A CASE
STUDY (Comm. Print 1978) [hereinafter cited as COMMITTEE ON FRIENDLY" FOREIGN INTEL-
LIGENCE SERVICES); Investigation of Korean-American Relations: Hearings Before the Snbtommitter on
International Organizations of the House Comm. on International Relations, 95th Cong., Is( & 2d
Sess. (1977-1978); SUBCOMMITTEE ON INTERNATIONAL ORGANIZATIONS OF THE. HOUSE COM-
MITTEE ON INTERNATIONAL RELATIONS, 95TH CONG., 2D. SESS., INVESTIGATION OF KOREAN-
AMERICAN RELATIONS (Comm. Print 1978); Glennon, Investigating Intelligence Attivitia, in
TETHERED PRESIDENCY 141-52 (T. Franck ed. 1981). No congressional committee has yet
engaged in a comprehensive and systematic investigation of the activities of foreign intelligence
agencies in the United States, nor of the ramifications of liaison between the United States
intelligence community and foreign intelligence agencies. The "Rockefeller Commission" decried
the invasion of individual rights in the United States by foreign intelligence agencies, but
referred only to the domestic activities of hostile, communist states. Commission on CIA
Activities Within the U.S., Report to the President 7-8 (1975) .
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 CORPORATION LAW: INDEPENDENT STATUS OF A
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Harvard International Law Journal
Volume 25
Number 1
Winter 1984
Liaison and the Law: Foreign Intelligence Agencies' Activities in the
United States
Michael J. Glennon
Ordering A Savage Society: A Study of International Disputes and a
Proposal for Achieving Their Peaceful Resolution
Gerald P. McGinley
On Third World Debt
Barry C. Barnett, Sergio J. Galvis, and Ghislain Gouraige, Jr. 83
Military Activities in Outer Space: Soviet Legal Views
Malcolm Russell
ACT OF STATE: TREATMENT OF FOREIGN DEFAULTS IN
DOMESTIC COURTS-Allied Bank Int'l v. Banco Credito de
Cartago, 566 F. Supp. 1440 (S.D.N.Y. 1983) and Libra Bank,
Ltd. v. Banco National de Costa Rica, S.A., 570 F. Supp. 870
(S.D.N.Y. 1983) 195
ACTS BY STATE GOVERNMENTS AFFECTING FOREIGN
RELATIONS-Decision of New York and New Jersey Governors to
deny Soviet airplane clearance to land, Sept. 1983 200
COPYRIGHT LAW: PROTECTION IN THAILAND-Thailand's
Royal Decree Prescribing the Conditions for the Protection of
International Copyrights, 100 Royal Thai Government Gazette,
Part 15, Special Issue of 9 February 1983 (unofficial
translation)
DISREGARDED-First Nat'! City Bank v. Banco Para El
Conrercio Exterior de Cuba, 103 S. Ct. 2591 (1983) 212
DIPLOMATIC IMMUNITY, TERRITORIAL ASYLUM, AND
CHILD RIGHTS-The Berezhkov Child Incident, Aug. 1983 217
IMMIGRATION LAW: LIMITS ON DETENTION OF
EXCLUDABLE ALIENS-Fernandez-Rogue v. Smith, 567 F.
Supp. 1115 (N. D. Ga. 1983)
IMMIGRATION LAW: RIGHTS OF DETAINED ALIENS-Jean
u Nelson, 711 F.2d 1455 (11th Cit. 1983), aff'g in part and
rev'g'in part Louis v. Nelson, 544 F. Supp. 973 (S.D. Fla.
1982)
INTERNATIONAL AGREEMENTS-Agreement Between The United
States of America And The United Mexican States On Cooperation For
The Protection and Improvement Of The Environment In The Border
Area, 19 WEEKLY COMP. PRES. Doc. 1137 (Aug. 14,
1983)
INTERNATIONAL TRADE: ELIMINATION OF TARIFFS ON
CARIBBEAN PRODUCTS-Caribbean Basin Economic Recovery
Act, Pub. L. No. 98-67, 97 Star. 384 (1983) (to be codified in
scattered sections of 19, 26 and 33 U.S.C.) 245
JURISDICTION OVER FOREIGN CORPORATIONS-In re Marc
Rich & Co., A.G., Marc Rich & Co., A.G. v. United States, 707
F.2d 663 (2d Cir. 1983) 250
SOVEREIGN IMMUNITY: APPLICATION OF FOREIGN
SOVEREIGN IMMUNITIES ACT OF 1976 TO
NONFEDERAL CAUSES OF ACTION BY FOREIGN
PLAINTIFFS-Verlinden. B. V. v. Central Bank (/Nigeria, 51
U.S.L.W. 4567 (May 23, 1983) 257
BOOK REVIEWS
The United Nations and the Control of International Violence, by
John F. Murphy 263
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 Harvard International Law Journal / Vol. ) 5
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such concern have included the assassination of the Chilean diplomat
Orlando Letelier, the operations of the Korean Central Intelligence
Agency, and the death of an American professor allegedly murdered
in Taiwan because of his dissident activities in the United States.2
Less publicized are charges that foreign intelligence agents have ha-
rassed, intimidated, and monitored dissident students and emigres
located in the United States.' In addition, concern has arisen that
certain states less friendly to the United States engage in similar
activities. The Libyan government, for example, allegedly supported
an assassination attempt in Colorado.' It is asserted that elements of
the United States intelligence and law enforcement community ac-
quiesced, if not actively cooperated, in some of these activities. Public
apprehension has thus arisen that not all residents of the United States
are secure in the exercise of their constitutional rights.
This Article explores the international and domestic legal framework
applicable to the problem. It identifies weaknesses in the existing legal
structure and makes specific proposals for change in administrative
practice as well as federal law. The Article argues for a fundamental
change in diplomatic policy by contending that the United States
cannot support or acquiesce in the systematic imposition of sanctions
by foreign governments on United States residents for political activ-
2. On July 3, 1981. the body of Wen-Chen Chen, a professor at Carnegie-Mellon University
in Pittsburgh, Pennsylvania was found at the National Taiwan University, in Taipei. Taiwan
security officials said he had committed suicide because he had confessed to anti-government
activity and feared imprisonment. An autopsy revealed 13 broken ribs, a broken spine, a broken
pelvic bone and internal injuries, and also revealed that he died six and a half hours after being
released from interrogation (which, according to Taiwan officials, lasted 13 hours). N.Y. Times,
July 21, 1981, at A2. col. 3. See Hearings on Taiwan Agents in America and the Death of Professor
Chen Wen-Chen Before the Subtomm. on Asian and Pa,fw Affairs of the House Comm. on Foreign
Affairs, 97th Cong.. 1st Sess. (1981) [Taiwan Agents in America); S. REP. No. 141, 96TH
CoNG.. 1sT SESS. (1979); Cyert, Death Chills a Campus, N.Y. Times, Aug. 27, 1981. at A25,
col. I; Professor Chen Goes Home, NEwswEEK, Aug. 3, 1981, at 49.
3. Amnesty International has reported such activities as those of the Iranian secret police
agency SAVAK:
SAVAK's activities extend beyond Iran to all countries which have sizeable Iranian com-
munities. In particular. Iranian students studying abroad are subject to surveillance; Am-
nesty International (Al) is aware of instances in which students have been arrested and
imprisoned upon their return to Iran, presumably because of their participation in political
activities while abroad.
Iran, Amnesty International Briefing 2 (Nov. 1976)
This was not the first time that Amnesty International reported coercion of Iranians living
abroad by SAVAK. In June 1976, for example, it said that "[t]here has been an identifiable
increase in the repression of opposition within Iran and an extension of the activities of SAVAK
... to states in which Iranians are living abroad, in an attempt to prevent criticism of the
Iranian regime." AMNESTY INTERNATiONAt., THE AMNIIS1Y-INTERNATIONAL. REPORT, I JUNE
1975-31 MAY 1976 (1976) See also The SAVAK-CIA Conmreion. THE. NATION, Mar. I. 1980,
at 229-30.
4. N.Y. Times, IX( 5, 1981, it I. cut. I.6ad