LETTER TO MR. EDWIN A. THOMPSON FROM H L THEOBALD

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP93B01194R001300080012-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 22, 2016
• Document Release Date: January 8, 2009
• Sequence Number: 12
• Publication Date: February 17, 1981
• Content Type: LETTER

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CABINET OFFICE
HISTORICAL SECTION
Hepburn House, Marsham Street, London, swap 4HW
Telephone: or-2u -6566
17 February 1981
? tae ~. `4 \ '' {
I am thout to write you on two or three topics which have arisen since your visit
to the UK last October, but before I proceed with this present letter on the safe-
guarding of British classified information in your governmental archives, I s'rould
like to repeat my personal thanks for your visit and your concern over the problems
which our discussions have done much to dispel; and to echo the gratitude which
all my colleagues in Whitehall have expressed about your excellent exposition?of
the records scene in Washington and your suggestions how this might affect our
domestic records interests.
I was pleased to receive from Peter Bulstrod?copies of the Notes for the record
which you made of your discussions with me and my colleagues - both collectively
and in individual Departments. The only complaint about these Notes which I have
had to express (in the comments which I have relayed to you through Peter) is that
the records of the general meetings do not do adequate credit to your spell-bind-
ing discourses on NARS activities and future developments: these were tours de
_
force which my colleagues and I will not forget for many a long year.
Our main concern in all this has of course been over the safety of British
classified information held by US government departments, and the continued pro-
tection of over-age British material held by NARS which we still deem to be sensitiv,
for one or more of several possible reasons. We were comforted by the assurances
which you gave of the sympathetic treatment of these issues, including the normal
protection for 30 years of British classified information, despite your own
progressive move towards a 20-year line by 1988.
L As you know 000*00.
Mr Edwin A Thompson
Director
Records Declassification Division
National Archives and Records Service
WASHINGTON D C 20408
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Following your return home I circulated to the appropriate UK Departments, copies
of the various systematic review guidelines which you left with me; and I understaa
that one or two of the specialised Departments, including those for whom
Peter Bulstrode is acting as general spokesman, may be taking up with you points
affecting the review of the records of their counterparts. But I have separately
endeavoured to assemble the views of all Departments on the document issued under
Executive Order 12065, Section 3-404: Foreign Government Information Guidelines
of 5 March.1980, (These do not include any on the "intelligence-related" aspects
of FGI, with which Peter will also deal separately). Comments on the FGI paper
have tended to be general rather than particular, but I enclose an extract from'a
letter from Judy Robertson, UKAEA, about the references to FGI on nuclear programmes
and fuel requirements.*
For the rest, the matter of unanimous concern was the absence, in the declassifica-
tion guidelines, of any reference to British classified information passed orally.
As we understand it the position is that in the event that US recipients have
subsequently recorded such information for the advice of their home departments,
the resultant document is of US origin and the contents would not then necessarily
be treated as British originated information. You made this point in your
discussion and observed that this interpretation could be placed on many documents
of US origin recording 'casual' conversations with British Ministers or officials
or even relating to set discussions where there was no jointly classified formal
record.
Our security instructions on this issue now include the following advice -
"whenever UK and US officials hold conversations which the UK regards
as classified,this and the level of classification must always be
made clear to the US Department concerned".
However this instruction is relatively recent and there is the possibility in
records now coming up for declassification review, that US representatives may
have reported back to their Departments conversations with their UK counterparts
which anteceded this instruction and we should be grateful if the FGI guidelines
of 5 March 1980 could be amended at a suitable early opportunity, to cover this
eventuality. This might be achieved by the following revision of paragraph 2
under B: the Definition of FGI:
"Documents originated by the United States that contain classified
information provided in any manner, including conversations or any
informal meeting where no joint record is made, to the United States
by foreign governments .,.......... with the expectation, expressed or
implied, that the information will be held in confidence."
I have underlined this last clause in the existing entry, since the expectation
that information given in confidence would be held in confidence is the crux of
the whole matter.
In the event that there is need to consult, in eitlir direction, we hope that
wherever possible departments having a similar function on either side of the
Atlantic will communicate directly with each other, ie. the US Department of the
Treasury with HK Treasury; the Department of Defense with the Ministry of Defence;
the Department of Energy with the UKAE.A etc. However, where the records have
already left departmental care or where the issues involved are of universal rather
than departmental application,it may fall to your department to make the running;
or for one Department here to coordinate the several views. In the latter event
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you may wish to write to the FCO or MOI) or other principal Departments as
appropriate. But should the need arise, do not hesitate to write if necessary to
me or to Peter Bulstrode, in the Cabinet Office.
Identification of records after 20-30 years may be a problem but I have assured
my colleagues that in the event that particular items are in doubt or dispute,
copies would be provided for the other side to inspect.
I am sorry if some of the above observations seem elementary and obvious, but as
you were kind enough to invite our advice it is sensible that we should express
even the most minor misgivings and I trust that you will have no difficulty in
taking our points on board. In the event that formal amendment of the guidelines
is not yet possible, I hope that NARS reviewers can nevertheless be advised of our
apprehensions - particularly about information passed orally.
I am copying this letter to $.e Departments here who attended our meetings.
j o"'-4 2l.Al-
Ii L TBE OB.ALD
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UNITED STATES OF AMERIe
GENERAL SERVICES ADMINISTRATION
National Archives and Records Service
Washington, DC 20408
March 25, 1981
Mr. H. L. Theobald
Historical Section
Cabinet Office
Hepburn House
Marsham Street
London, SWIP 4HW
ENGLAND
Thank you very much for your letter of 17 February (your ref. H.0420). I
especially appreciate your kind remarks concerning my exposition of the
records scene in Washington.
I will be turning my attention to the comments made by you and others on
my notes of the October visit to London in the next few weeks. This letter
is focused--as was yours--on the question of protection of British classi-
fied information found in and among U.S. records.
The matter of appropriate protection of British (and other foreign country)
originated classified information passed orally is of considerable concern
to all of us. It is a particularly worrisome matter as Executive Order
12065 drives us to review U.S. records containing orally provided information
before it becomes 30 years old.
The problem begins with identifying in U.S. originated documents information
provided by British (and other) officials. In the vast majority of cases
this fact is readily apparent and even the nationality of the source can be
determined. The second problem is more difficult--whether the information
was provided with the expectation, expressed or implied, that the infor-
mation shared be held in confidence. At times this expectation is clear
and unequivocal. But in most cases the undertaking by the receiving U.S.
official is not clear from the evidence in the document and the presence of
a U.S. classification marking is not conclusive.
Our reviewers are instructed to review all documents containing orally
provided foreign government information with great care. We search for every
clue and indication of the intent of the provider of the information and the
understanding of the recipient. Sometimes the sensitive content of the
information provides the only clue as to the probable intentions of both
parties. The staff has been advised that if there is any doubt as to the
appropriate action to take in a specific case, that it should be withdrawn and
subjected to another review when it becomes 30 years old. To ensure that
every reviewer in NARS has this instruction I have issued an information
memorandum on this very topic. A copy is enclosed.
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The amendment to the language of Section B.2 of the Guidelines for systematic
review of Foreign Government Information proposed in your letter certainly
would remove doubt as to the elements clearly to be included under the heading,
"provided in any manner." I. have shared your letter and the. information
memorandum with my colleagues in Defense, State, Energy, CIA, NSC, and the
Information Security Oversight Office. They also are considering how to
immediately provide instruction to declassification reviewers on this matter.
When these guidelines are reviewed next year we will more formally consider
your language change.
Having said all of this, I can now tell you that the problem may be resolved
in large part by amending Executive Order 12065. Among many other matters being
considered is a proposal that the U.S. Government revert to the earlier practice
of reviewing classified information as it becomes 30 years old. One of the
telling reasons behind proposing this change is the concern abroad--and especially
among our closest allies--regarding our procedures for protecting foreign
government information provided in confidence for a minimum of 30 full years,
If this proposal to fall back to a 30-year line is accepted, we will have
removed in large measure this particular concern on your part. I will keep
Roger, Peter, and. you informed as the deliberations on amendments proceed.
In the meantime you may be sure all of us will do our very best to continue
to protect your sensitive information provided orally.
Thank you also for including the comments of Judy Robertson concerning nuclear,
programs and fuel requirements. I am consulting with DOE's Office of Classi-
fication on points she raises.
EDWIN A. THOMPSON
Director
Records Declassification Division
Enclosure
CC - CIA /
STAT
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General National Archive
Services and
Administration Records Service Washington, DC 20408
Date . March 26, 1981
Reply to
Attn of : NND
subject : NND Staff Information Memo - Foreign Government Information #1,
Review of information provided orally.
To : NNDA, NNDG, NNDR
The guidelines for systematic review of foreign government information
30 years old or older, dated 5 March 1980 (issued by N on April 1, 1980)
defines "Foreign government information" in Section B. The second part
of that definition covers documents originated by the United States that
contain classified information provided "in any manner to the United
States by foreign governments...." These words should be interpreted
as follows:
1. The terms "in any manner" are intended to include any conver-
sations or any informal meetings with foreign government officials where
no joint record is made of the conversation or proceedings.
2. U.S. originated documents containing information provided orally
during such conversations or informal meetings will be carefully examined
to determine whether the nature of the information shared or the circum-
stances of its transmittal or the nature of the information itself
evidences any intention or expectation that the information will be held
in confidence. Information less than 30 years old will be especially
carefully examined in this regard.
3. Reviewers of such documents in doubt as to the releasability
of such foreign government information should refer it to their super-
visor for final determination.
estions conKerning this matter should be referred to NND (523-3165).
EDWIN A. THOMPSON
Director
Records Declassification Division
- CIA
STAT
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