LETTER TO DAVID KLAUS FROM HENRY A. KISSINGER

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
LOC-HAK-455-7-1-8
Release Decision: 
RIPLIM
Original Classification: 
T
Document Page Count: 
65
Document Creation Date: 
January 11, 2017
Document Release Date: 
November 4, 2011
Sequence Number: 
1
Case Number: 
Publication Date: 
May 27, 1975
Content Type: 
LETTER
File: 
AttachmentSize
PDF icon LOC-HAK-455-7-1-8.pdf3.32 MB
Body: 
/' J mod . No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 3f I have your letter of April 1, 1975, appealing the denial of your request for the release of NSC 10 and NSC 10/2. As you know, you have the right to seek judicial review of this denial of your request under the provisions of 5 U. S. C. 552.(a)(4). also eze~npt under 5 U. S. C. 552 (b)(5) the,,documents are exempt from compulsory disclosure under 5 U. S. C.. 552 (b)(3). In this connection, we refer you to 50 U. S. C. 403 (d)(3) and 50 U. S. C. 403g.. In addition, NSC 10 is subject matter of these documents, we have also determined that After consulting with another agency having an interest in the We have carefully examined these documents in light of your request, and have determined that they are exempt from disclosure under 5 U. S. C. 552 (b)(I). These documents are classified and exempt from the General Declassification Schedule pursuant to the provisions of Sections 5 (B)(2) and (3) of Executive Order 11652, (March 8, 1972), as amended. Dear Mr. Klaus: Mr. David Klaus Center for National Security Studies 122 Maryland Avenue, --N. E. Wash gton, D. C. 20002 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 2034 MEMORANDUM NATIONAL SECURITY COUNCIL TOP SEG XGDS May 22, 1.975 FREEDOM OF INFORMATION ACT APB L MEMORANDUM FOR: SECRETA Y KISSINGER THROUGH: GENE SCOWCROFT FROM: Jeanne W. DavVA SUBJECT: Request for Documents Concerning Covert Operations On March 18, 1975 we received a Freedom of Information Act (FOIA) .request from Mr. David Klaus (Tab A), an Associate at the Center for National Security Studies (Mort Halperin's organization), for the declassification and release of NSC 10 and NSC 10/2, two 1948 documents .assigning responsibility for planning, authorizing and monitoring covert operations. We denied this request under Sections (b)(1) and (b)(3) of the amended FOIA in my letter of March 27, 1975 (Tab B). As expected, the denial has been appealed with an indication that a lawsuit will be initiated to compel disclosure if the appeal is denied (Tab C). A final determination was due Mr. Klaus no later than May 16, under the time requirements of the FOIA. However, he has not yet paid the reproduction fees for a docu- ment sent him previously, nor has he requested a waiver of the fee. Accordingly, we have informed him by letter that, according to our regulations, we have stopped the clock 'on this request until he pays for the previous work. He has telephoned to say he is forwarding a check, so we must be, prepared to act on this item as soon as his check is received. -NSC 10. and NSC 10/2 (Tabs D and E) are 1948 documents which detail the genesis of a coordinated effort in covert operations. They view the position of world leadership assumed by the United States and the "vicious covert -activities of the USSR" as factors which necessitated an organized system ,of covert activities. In paragraph six of Annex A to NSC 10 (Tab D) "covert -operations" is defined to include "preventive direct action, including sabotage, subversion against hostile states, and support of indigenous anti-communist elements in threatened countries of the free world. " No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 Paragraph 5 of NSC. 10/2 (Tab E) adds "economic warfare" to the definition. NSC 10 was a draft prepared by the ?NSC staff for consideration. It was not adopted but was returned to the staff for revision. The revision (NSC10/1) was considered and further revised, and became NSC 10/2 rhich was subsequently approved. NSC 10/2 assigns responsiblity for covert operations to the CIA and creates a new "Office of Special Projects" in the CIA to plan and conduct these operations. At the same time, the DCI is assigned responsibility for ensuring that, through consultation with designatedrepresentatives of the Secretaries of State and Defense, covert operations are consistent with .foreign and military policies and overt activities, and the U. S. agencies, including diplomatic and military representatives overseas, are informed of those operations which affect them. In adopting NSC 10/2, the NSC stated explicitly that it was acting under the authority of Section 102 (d)(5) of the National Security Act, which made it the duty of the CIA to "perform such other functions and duties related to the national security as the National Security Council may from time to time direct." QPTIONS Based on the NSC Staff review of these documents and the views solicited from the CIA, there appear to be three options in handling this appeal: Option 1: Declassify and release NSC 10 and NSC 10/2, thus granting the request. Fro - The documents are 27 years old and are no longer in effect. The information they contain is primarily organizational and administrative iin nature . 'I re ccmdd' cvoida time-consuming and costly lawsuit. Con Current covert operations policies and procedures ,follow the patterns established in these papers, and official acknowledgment of methods of covert operations would be detrimental to our national security. CIA believes that its effectiveness would be severely limited if this information is disclosed in that it would reduce the willingness of foreign individuals, organizations and governments to cooperate with the US in the conduct of these activities. h.. . TOP SECRET XGDS - No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 TOr' cIMr--R rrr xr. No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 Lion Zi The fact that the DCI is required to keep an ambassador informed of covert operations being conducted in his area could prompt attacks on our diplomatic personnel as being spies and covert operators, thereby increasing the chance of their being targets for kidnapping and terrorism. It could undercut their denial of involvement in every untoward event which takes place in their country and would destroy the ambassador's standard position of "plausible denial. " Resulting political and propaganda exploitation could embarrass the United States and adversely affect our national security. The reference in NSC 10 to "impro- vised covert operations" in the Italian elections could be attacked and exploited in connection with current Italian -elections. Release of these documents would generate requests, many of which we would have to deny, for documents cited in them. NSC 10, for example, refers to SANACC 395 on utilization of USSR refugees, 396 on evacuation, (kidnapping) of key personnel. 398 on demolition of oil aciities and 304 and 304/14 on psychological warfare. Declassify and release a sanitized version of NSC 10 and NSC 10/2. (A proposed sanitization is at Tab Fl. The most sensitive portions of the documents, especially the sections which define covert operations, could be removed and the remaining text would be essentially con- -cerned with organizational and administrative arrangements. This would satisfy the requirement of the FOIA for release of "reasonably segregable portions" of a document, por- tions of which must remain classified. The content of these documents constitutes an:' interdependent -body of information and disclosure of any portion of the documents could adversely affect our national security. The information which would be disclosed could be exploited for political and propaganda purposes. A partial release is no guarantee that our denial of the =*xcised passages will not be c'rallanged in court. TOP SECRET XGDS No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 To No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 Option 3: Den the a eal and release neither NSC 10 nor NSC 10/2. Pro -- In the interest of national security we would be protecting the sensitive information contained in these documents. NSC 10/2 is the charter under which the CIA conducts covert operations for the US government and which, as supplemented by later NSC documents, remains valid today. Under the statute, 50 U. S. C. 403g, the DCI is "respon- sible for protection of intelligence sources and methods from unauthorized disclosure". Moreover, the CIA is exempt from the provisions of any laws "which require the publication or disclosure of the organization [and] functions" of the Agency. To release these documents might be a violation of the DCI's statutory responsibility. We. can expect that a court challenge will be initiated .and complete denial will be difficult to sustain. STAFF VIEWS Rob Roy Ratliff recommends Option.-I. He believes (Tab G) release of these documents will "fuel public attacks against the foreign policy decision- making machinery as well as our intelligence community. " He believes release of this material would hinder our ability to conduct covert operations and would be detrimental to our national interests. Colonel Granger believes that there are no substantive grounds for refusing to declassify and release these documents and that denial could lead to an unfavorable court decision and precedent. Based on their age, the fact that their content deals with matters of administration and organization, and the belief that their release would not impact on any currently active programs, he prefers Option 1: grant the appeal and release the documents. :He does not oppose, however, withholding these items if the case for denial is based on ther "nature, " i. e. that they are concerned with "intelli- gence sources and methods. 1' CIA supports (Tab H) the initial NSC Staff decision to deny declassification of NSC 10 and NSC 10/2. In their opinion the documents are properly .classified and exempt from release under the provisions of Executive Order 11652 governing classification and declassification. In addition, -they contend that by statute the DCI has a responsibility to protect this infor- miation and that CIA is by law exempt from compulsory disclosure of this type of information. The CIA believes that disclosure of these documents would severely limit its effectiveness in supporting U. S. foreign policy and, accordingly, recommends that we deny the appeal, Option 3. TOP SECRET XGDS No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 TO _No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 In view of the recent decision to deny declassification and release of the NSCIDs and based on Rob Roy's concern for the possible impact of release of these documents on 40 Committee programs, I too support Option 3. Until we have a ruling from the Court as to how we should interpret "intelli- gence sources and methods, " it would seem that denial on the grounds we have chosen is not inconsistent with other determinations which have been made. Bill Casselman has concurred in this memorandum for the Counsel's office. (Tab I) If the decision is to deny the documents, in whole or in part, it will be necessary to consult with the Department of Justice before the final denial is issued. RECOMMENDATIONS That you indicate your preference among these Options for handling the request for NSC 10 and NSC 10/2. Option 1: Grant the request and release the documents. (Granger recommends) Option 2: Declassify and release a sanitized version of the documents. (Tab F) Option 3: Deny the appeal and withhold both documents. (ttliff, Davis and CIA recommend) Concurrence: Col. Granger Rob Roy Ratliff TOP SECRET XGDS No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 Center for National Security Studies 122 Maryland Avenue, N.E. Washington, D.G. 20002 {202) 544-5330 National Security Council Attn: Staff Secretary Old xecutive Office fluii,ldi.1 Washington, D. C. 20506 tlarch 18, 1975 This is a request. under the rrreedom of Information Act as amended (5 U.S.C. 552) .I, write to request a copy of 11ational1 Security Action. 10 and National Secur.ty Action 10/2. 1 am given to believe that National Security Action 10/2 was dated June 18, 1948. National Security,, Action 10 is' dated between D ce6'ber. 9, 1947 and;, the date for National S.:cutity A: tion. 10/2, June 18, 1945. My request includes any. and all appendices, annexes, or other materials attached'to either of the above. mentioned two documents. As you know, the amended Act provides that if some parts of a file are exempt from release that "reasonably seareable". portions shall be provided. I therefore request that, . if. you determine that some portions of the requested Documents are exempt, you provide me iumaedLately with a copy of the remainder of. the .Documents. I, of course, reserve my right to appeal any such deletions. If you determine that some or all of the documents is exempt from release, .1 would appreciate your advising,me as to which e.,eaptiant(s) you believe corers the material whichyou'are not releasing. tun 'prepared to pay reasonable costs for locating the requested materials '!'and reproducing it. As you ling, the amended Act permits you to reduce or waive the fees if that "is in the public-intergst because furnishing the information can bd considered as 'primarily benefitin; the public." Since I a-,- requesting the documents as the basis for an article for publica.tiot, I believe that this request plainly fits' that category and ask you to waive any fees. As provided for in the amended Act, I will expect to receive a reply within 10 working days. Sincerely yours, David Klaus, Associate No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 NATIONAL SECURITY COUNCIL WASHINGTON. D.C. 20505 March 27, 1975 Dear Mr. Klaus: I am writing in response to your letter of March 18, 1975 in which you request a copy of NSC Action 10 and NSC Action 10/ 2. There is no NSC Action 10/2 and we have assumed that the - focus of your request is actually NSC 10 dated May 12, 1948 and NSC 10/2 dated June 18, 1948. The NSC Staff has care- fully reviewed these documents and has determined that for the present both must remain classified in their entirety and that they are exempt from declassification under Sections (b)(1) and (b)(3) of the amended Freedom of Information Act. You are awai that you have a right to appeal this decision to Mr. Kissinger, in his role as Assistant to the President for National Security Affairs. Such an appeal should be addressed to me as Staff Secretary,of the National Security Council. Sincerely, anne W. Davis Staff Secretary Mr. David Klaus Center for National Security Studies 122 Maryland Avenue, N. E. Washington, D. C. 20002 1`. No Objection to Declassification in Part 2012/05/14 : LOC-HAK-455-7-1-8 l No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 "2 0 -3 y i a-U- C. Center for National Security Studies 12ZMaryland Avenue, N.E. ,-`s Washington, D.C. 20002 (202) 544-5380 .'..anne T1 Davis Mta- Z.ecretary ..a*?nral Security Council Wdashinpton, D.C. 20505 kpril 1, 1975 '21-L's is an appeal pursuant to S' sec y" it (a) ( ) of he ~eeco7 of Information "Ct U.S.C. (5552). On r.+a14R ' 28 .%, 1975, 1 rece?v4d a letter from r o;i re-) esentifg !,e;7?*~ y rerucst for infor:rati.on an,' indicating that an appeal should be directed to you. This letter constitutes that appeal. I am enclosin- a copy of my exchar;;e of correspond nnce with tho "Isc so that you can st:e exactly what files L have r,.er;uos met' and the insubstantial :ou l'~3 oil 1'.G:i3 my request K"au i%ecn Kc j cte . gust that po exani-%at O'. o ry request yo z - 11~_?. -a .v a '.nfnrm"`; c?;; I have reader `e? iq nbt properly covered by exemptions (b)(1) and (b)(3) of the amended 'ct wnc: will rya'..-:e the Act, 1 351. e..'pfa ct to rec&ile a rapls is prr3s.'i n i0x in the , ~ Vithi.n 70 r.-arkin3 days. If you are unable t-o ordar r0leasi'_ of t`.e reruestc- in .5.0 7 intend to initiate a lawsuit to compel its disclosure. Yours sincerely, David Tclaus, Associate No Objection to Declassification in Part 2012/05/14 : LOC-HAK-455-7-1-8 [ 3 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 TOP SECRET NSr 10 TD Law ? COPY NO.--2;L- A REPORT TO THE NATIONAL SECURITY COUNCIL by THE EXECUTIVE SECRETARY on DRECTOR OF SPECIAL STUDIES May 12, 1948 % A:"HHNGiON TOP SECRET No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 THIS DOCUMENT CONTAINS INFORMATION AFFECTING TEE NA- TIONAL DEFENSE OF TIM UNITED STATES WITHIN THE MEANING OF THE ESPIONAGE ACT, 50 U.S.C., 31 AND 32, AS AMENDED. ITS TRANS- MISSION OR THE REVELATION OF ITS CONTENTS IN ANY MANNER TO AN UNAUTHORIZED PERSON IS PROHIBITED BY LAW. No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 NOTE BY THE EXECUTIVE SECRETARY to the NATIONAL SECURITY COUNCIL on DIRECTOR OF SPECIAL STUDIES Reference : AN ACC _304/14 TOP SECRLT The ene?losed report on the above subject has been pre- pared by the National Security Council Staff, with the advice and assistance of representatives of the Departments of State, the.Army, the Navy and the Air Force, and of the National Security Resources Board and the Central. Intelligence Agency. The enclosed report is accordingly submitted for con- sideration by the National Security Council at an early meeting. It ua este.d tho.t s ecial secu it precautions be taken in the h:.rd~ ina of this r wort . SIDNEY W. SOUERS Executive Secretary e . Distribution: The Secretary of State The Secretary of Defense ? The Secretary of the Army The Secretary of 'the Navy The Secretary of the Air Force The Chairman, Notional Security Resources Board NSC 10 TOP SECflET No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 ?- Vaal &G, Ag-r%. D R A F -T REPORT BY THE NATIONAL SECURITY COUNCIL on .DIRECTOR OF SPECIAL STUDIES . 1. To consider measures for the furtherance of covert operations in the interest of our national security. ANALYSIS 2. The means employed by a nation in pursuit of its nation- al objectives may be both overt and covert. They range in time of peace from such overt actions as political alliances, economic measures (as ERP), and "white" informational activities, to. such covert . operations as unacknowledged support of "friendly" foreign elements, "black" propaganda and en ouraganLent of underground re- sistance in hostile states. Air Force Coordinating Committee has considered such mattvrt' ov operations. The United States cannot afford in tho future, in perhaps more serious political crises, to rely upon irnprovl.sod covert operations as was done at the time of the Italian elections. 4. In NSC 4-A -provision was 'made for the conduct of cortai.n covert psychological (propaganda) operations. The Staato.Ar?tny-1 nvy- afford to leave unmobilized or unemployed its resources for covert oar" by the full-might of the Kremlin, the United States cannot Having assumed greater international responsibilities than ever before in our history and having been engaged in a ?cold. 3? utilization of refugees from the USSR in the Unitud -tatca n tt?tortal NSC10 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14 : LOC-HAK-455-7-1-8 TOP SECRET also recommended that covert operations be immediately instituted interest (SANACC 395), Plans for evacuation of key foreign person- demolition of oil facilities (SANACC 398), and nel (SANACC 396), psychological warfare (SANACC.:30k). In connection with psycholo- gical warfare, the views of the Joint Chiefs of Staff, concurred in by the State-Army-Navy-Air Force Coordinating Committee, have been referred to the National Security Council for consideration. It is the opinion. of the Joint Chiefs of Staff that from the mili- tary point of vier "there should be established, as soon as practi- cable, under the National Security Council, a Psychological Warfare Organization, but with- its peacetime scope and activities limited to that of a working nucleus for planning and coordination" (SANACC 304/14). The Policy Planning Staff of the Department of State has of war, of covert operations and of the overt phases of psycholo- gical warfare. The establishment of such an organization will re 5. In the light Of the above considerations, there is a need for an organization which is designed to, strengthen. and extend current covert. Operations in the interest of our national security and to provide for plans and preparations for the conduct, in time quire the revision of i S 1._A CONCLUSIONS The proposed National Security Council Directive in Annex A~hould be:approved, and if approved, the Pr'Qposod revision of NSC 4-A in Annoy, B should bo approved. NSC10 U TOP SECR ;i' No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 PROPOSED NSC DIRECTIVE 1." There is hereby established under the National Security Council the position of Director of Special Studies. The Director shall be nominated by the Secretary of State and appointed by tho National Security Council. 2, The Director should have initially a staff of four mem- bers assigned from the Department of.State, one service member each from the Army, Navy, and Air Force, end' one member from the Central Intelligence Agency. The Secretary of Defense may assign a member if he so desires. The staff members will act both 'as assistants to the Director, in the performance of his duties, and as liaison be- tveen him and their respective agencies. 3. it shall be the duty of the. Director, under the direction of the National Security Council: will develop the details of that part of a plan covering its To be responsible for the preparation by his own staff or other agencies, as appropriate, of plans for all covert operations. It is intended that each operating agency own operations. To review all such plans and, if he approves them, to arrange for their execution by appropriate agencies. iew the execution of such operations to insure . o rev that they aro being conducted in accordance with approved }a]:~nW provided that nothing contained herein shall roquirc he u4.,- closure of soc:rvt intelligence sources and methods. No Objection to Declassification in Part 2012/05/14 : LOC-HAK-455-7-1-8 To develop an over-all program for tho conduct of covert operations-and overt phases. of psychological 'warfare -in time of war or when directed by the President, to include organizations training, equipment and logistic support, and to arrange for-initiation of such training and preparations in time of. peace as necessary for the prompt initiation of TOP 3EClt~:r' No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 such it program. li. The Director is charged with: Qiv3.ng timely-notification of intended plans and operations to. each government agency represented on his staff through the respective staff members and to other government agencies which may be affected. Problems arising in connect- ion with the formulation of plans for or the conduct of opera- . sholl be resolved directly between the Director and the agency or agencies involved. t t ducted or sponsored by this government against hostille fore Cn Insuring that such covert activities are consis en with US foreign policies and overt activities and that plans for war-time covert operations and psychological operations are consistent, with and complement Joint Chiefs of Staff approved . plans' for military operations. d The ends envisaged in this paper will require unvouchcre funds other than those already appropriated. 6. As used in this directive "covert operations" are under- stood to be all' . activities jexcluding armed conflict by recognized .. := military forces, espionage and counter-espionage) 4which are con- 4 No Object ion to Declass ification in Part 2012/05/14 LOC HAK-455-7-148- 5-7 1-8 TOP cl;L: TOP SF if trop n-CRET bility for them. 3pecifically, such operations shall include any covert activities related to propaganda; preventive direct action, including sabotage, anti-sabotage, demolition and evacuation measures; subversion against hostile states, including assistance to underground redistance movements, guerrillas and refugee libera- tion groups; and support of indigenous anti-communist elements in W if uncovered the US Government can plausibly disclaim any responsi abut which are so planned and executed that any US Governmen for them.is not evident to unauthorized persons and risibility -states or, groups or in support of friendly foreign- states or groups t re *3, itc Ad countries of the free worlde and abroad of the status and progress of any war effort in?which the United States may be engaged and of the war policies, activi development of an informed and intelligent understandir.; at home No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 construed to mean information programs designed to facilitate the ties and aims of ` the Government. No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 NBC 10 n No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 TOP SECRET The National security Council, taking cognizance- of the vicious psychological efforts and covert operations of the USSR, its satellite countries and Communist groups to discredit and de- the aims a activities of the United States and other West- feat ern powers, has determined that, in the interests of wora.d peace and us national security, the overt foreign activities of the US aGovernment must be supplemented by covert operations. 2. The similarity of operational methods invdlved_in covert operations a covert intelligence activities makes. theCentral ency an appropriate agency to conduct'suchopera- ceA g Intelligen Sec tions tion 102 the yi~ere ore, u' er the authority of National Security Council: t he Act of 1947s + : _ Directs the Director of Central Intelligence to time within the limit of available funds, such covert con , roved by 'propaganda operations as may be arranged with and app f.. the Director of,SPecial Studies in accordance with the latter' Council. it S y ecur .restive from the National Authorizes the Director of Central Intelligence to nduct Such other covert operations as may be arranged by the co Director of Special studios in accordance with the latter's directive from the"National Security Council. The Director of Central Intel 11genro.is ch rgcd with en oppriatc +tigcfcie:of thc; U: Government, both at curing g that,appr 1150 10 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 TOP SECRET ,, ? . No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 home and abroad (including diplomatic and military representatives in each area), are kept informed of. such operations which will di- rectly affect them. I#., Nothing contained herein shall be construed to require the Central Intelligence Agency to disclose operational details concerning its se,cret.intelligence techniques, sources or contacts. No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 ;;pp NS 10 2 TOP SECRET COPY NO....___ tlo . 9 (Original COPY destroyed by fire) A REPORT TO THE NATIONAL SECURITY COUNCIL, by THE EXECUTIVE SECRETARY OFFICE OF SPECIAL PROJECTS June 18, 1948 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 WARNING xmgrw ~s x1~11-T".~~rT~Aw'1"r.~_~-~-'-.~'r~? J.'~~1.{t~i~~'.r~1'r~.`w~ML.rlw~~c1,1,LG'-i+l~-`7iYt~'r~w+~~ ~~'i~~r(,lF?l1~L31- ~,~+~f.~y- l~il,i.)f..ire,JJ::JL~.~~~.4.J~~JC~`=..:~.[7.~~3i,,,.J.~^'?:LU;.sI.!?LS-~.~ti. -Zr+Lic'A ~:4~"1D3~ ?~~~yr.:~~ATn f~iy~WS~~.~E1+1{CIE/~~y7-~C7r`y~rY+.t~T7I~.S~7:.~}1~.T1, ~~SeIU7iT~1TlZ~I~~.~~ aS.k.1.i//~~**77.`'XT9:tfyr tiLry~M~Y+4~)A.YTy.~A.?. r.1 Tins 'L':i.:T CONTAINS INFO?N:A'-''IC:a A FECTIpu THE NA- TIONAL DEFENSE OF THE MUTED STATES WITHIN THE Mr. U11110 OF .THE E5PIO2~ACP. ACT, 50 ^.S.C., 31 AIM 32, AS KI dDED. ITS TRArSFSISSION OR THE REVELATION OF ITS COUTENTS N ANT MA J'NER TO AIS Uw tTwmIZED PERSON IS PROHIBITED BY LA No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 )($C 1( No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1 8 F SECRET dune 18, 19h8 Copy No. 9 of 10 coplcs (OriginaTTopy No. 9 destroyed by fire) NOTE BY THE EXECUTIVE SECRETARY to the NATIONAL SECURITY COUNCIL OFFICE OF SPECIAL PROJECTS Re erence : Su 10/1 At its 13th Ileeting the National Security Council approved the Directive in LISC-19/1 subject to delection of paragraph 3-d and amend-- mints to paragraphs 3-a and a and lt. The revised Directive,, as approved, is circulated herewith to the Council for information and to the Director of Central Intelligence for appropriate action. Srecial sicurity precautions are being; taken in the handling th e Of th- i.s r~_c ~.~ To r is r ;c Co`~ cif. may, -isn to return his con;. T'ot' rry n the olf'ire o the : e-cutive z)ecretar,,, whit-re it will-be bald :avtilalle ur.rf rs c~r:~.'t. SIDULY W. SOU-2 S Executive Secretary Distributions The Secretary of State The Secretary of Defense The Secretary of the Army The Secretary of the. I,atiy The Secretary of the Air Force The Chairman, National Security Resources Donrd 1 o/2 ,r, , No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 Lf0i'Y No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 DiATIC'tIAI, f;rCt^tI'CY Cnl~"t'IL ]]IR r~- ,?r yr CFFICF Or. SPT..CIAL PROJECTS The National Security'Council, taking cognizance of the 1. T its satellite countries vicious covert activities of the USS, Cauununist $.roups to discredit and defeat the aiin and tiviied ers vow * has d ties of the united states and other eandrU5 national security, ed ' the that? in the interests of world p lement overt foreign activities of the US Government must be supp by covert operations. is charged by the National 2. The Central Intelligence Agency d counter-espionage Council with ccnductint; espionage anrations abroad. It therefore seems desirable, for operational reasons, not to create a new af;ency for covert operations, but in re time of peace to place the responsibility for ,and c them o within the e them structure of the Central IrtclliCence Agncyan Corr the othemall with espionage and counter-espionage operations control of the Director of Central Intelligence. the under the authority of Scction 102(d) (5) of Sect'.ritr' Therefore , Act of l: oL7, the 1ational Security Council hereby 2~ational ;: directs that in time of peace% a. of Special projects shah} be created ~, new off-,-Cc a~ r?~? ?yC ~ij~wci~C~ ftret'~ry to n !an and CCTtCt:.C ~.~.teit the a rte~l and in coordination with the joint Chiefs covert ox;earat ~ one ~ , .,r of Staff to Elan and pI epare for the conduct of such opera- tions in wartime. highly qualified person, nominated by the be, A Secretary of State, , cc eptatile to the Director of Central Intelligence and approved by the National Security council., shall be appointed as Chief of the Office of Special Pro- Sects. The Chief of the Office of Special Projects shall report dirr.ctly to n 1 ~fflcxi.}aility a fli- .c-ttce. For t ur~+ao of t;c: 1~?-? ".;.1%:~.~:51 f~cr'Teo Con:istcrit u th oprrsationc, Ott=~ to t.. efficiency, the Office of Special Era jects shall operate jnder,endently of Other co:.r?onents of Central Int.CUiCattec 10/2 TC11 V}?('.}~?~~ _ No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 d. The Director of Central Intelligence shall be respc siblC for: _ representative of the t oxnt uniei s oz as,a~ 4 as _. 2 . - -4. :*U ...,d - the matter shall be referred to the National curl y Council for decision. (2) Ensuring that plans for wartime covert oper- ctt state or the Secretary of Defense-over such plan, Ipte21ience and the representative of the Secretary Lives of the Secretary of State an o of Defense, that covert operations are planned and conducted in a -manner ccnsistent with US foreign and military policies and with overt activities. In dis- (l Ensuring, through designated represenT-i- d f the Secretary ..w ww r. w,.. - r ccmp3ementary to approved plans for wartime military operations. Cugort on rat; ons rt rtaininc ;.o econo.-a;.c ;r:ZRrf .re each ar a?) , of such opera t.ions as will a_ fee L. L, t~. rte qpprorriate channels (3) Ina`'oi rmir,~;, tllrcu,h , a;enci en of the US Government, both at home and abroad (including. diplomatic and military representatives in win'Se conducted by the Office of Special Projects under ibl e the guidance of the dcpart:~j?:nts and agencies resx o:zs for the planning of econoiiic 'Warfare - Supplemental funds for the conduct of the pro- f' ? rose( rat .o:ls for fiscal year 1:1:9 shall be i{;s,ter?iately requested. Thereafter operational funds for these purposes shall to included in nor.iml Central Intelligence Agency Budget- requests. Y .. yP . Et. In time of war, or when the President directs, all plans Tor covert orations :mall be coordin-ited with the Joint Chiefs of Staff. In active thcatttrs of Will- :r:fore A torioan forc;.rs are enga,::ed, covert ,:':?ra tinn:: x-111 he ccnd?ir:tcd unr1er the direct com- mand of the A:nerican jhcater Coiirxander and orders therefor will be transaitted throtti-h the Joint Chief: of Starr unless otherwise directed by tho Prc ;ii1 nt. 5 As u::( (i in tl:i.: rl t'R ~`a.7^, nt`e)Yr?t or. r i1.i(`:/.':R[ 11'1~ un.ierstoo4 t. 1,!` all r..Ct1V R. t.i(:. nut.'.1 tl?'r' 111 ' :$ir.l.Cil , ? .~ :+:?t' ? (r?r'.:: !~(1a. ? "Iha ).:t "~? irel~(;Yt,. pre cr?t1.1u^tt: t or tore: ~ ;tl . L^ ? (.r rt?: t;'; c'. -j71 or ,:rVU1':i 1.'?ut. t~il'? .L ..:??' '?1' .r;: i l :t ?t !1 {:.:' . .."L:1~" -l.. 4'(-VR?t'tRl.t{:tt L re:~;t:GrR: a 1. ,1. i t,;; 1'~?: L;::.;1 a n:?t. rt .i t.'?t:nt. La un-tu Llor-? If UIL:`Cti:,?1't'e~ 1?t. (:.i li(~t? ?l'1.:'.:~`l1u e::(tl i?td rcr:on: :t,ai I.tR:.-. .-,?... VSC 1n/2 2 M ii[T' ;:::~'t ?p No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 -? rnr SVCI V 'v No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 6. This ni.rective supersedes the directive contained in . nd1itary operations. ? b T evacuation measures; su vG eluding assistance to underground resistance nove,nents, guerrillas and refugee liberations groups, and support of indigenous anti- comnunist elements in threatened countries of the free world. Such operations shall not include armed conflict by recognized military ~_~ .....,..~nn_ nnr Hover and deception for plausibly disc im any resp cally , such operations shall include .z tY covert activities related to: propafanda, economic warfare; preventive direct action, Including sabotage, anti-sabotage, demolition and rion zt'ainst hostile states, in onsibility for them. Specifi- NSC Is-A, which is hereby cancelled. NSC 10/2 - 3 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 Tor ST.CRi;T No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 NSC10 TOP SECRET Tpb r COPY NO.?? DELETION MARKED IN YELLOW - A REPORT TO THE NATIONAL SECURITY COUNCIL by THE EXECUTIVE SECRETARY on DIRECTOR OF SP]XIAL STUDIES May 12, 1948 WASHINGTON ? TOP SECRET No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 WARNING THIS DOCLTIENT CONTAINS INFORMATION AFFECTING THE NA- TIONAL DI UM NSE OF THE UNITED STATES WITHIN THE MEANING OF AS AMENDED. ITS TRANS- THE ESPIONAGE ACT, 50 U.S.C:, 31 AND 32, MISSION OR THE REVELATION OF ITS. CONTENTS IN ANY MANNER TO AN UNAUTHOILJZED PERSON IS PROHIBITED BY LAWV. No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8-w------~- NSC 10 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 May 12, 19+8 NOTE BY THE EXECUTIVE SECRETARY to the NATIONAL SECURITY COUNCIL on DIRECTOR OF SPECIAL STUDIES Reference : ANACC 304 14 TOP SECRET The enclosed report on the above subject has been pre- pared by the National Security Council Staff, with the advice and assistance of representatives of the Departments of State, the.. Army, the Navy and the Air Force, and of the National Security Resources Board and the Central Intelligence Agency. The enclosed report is accordingly submitted for con- sideration by the National Security Council at an early meeting. I suggested that special --security recautions be ta?:en ntho, handli~i,~, of this report. SIDNEY W. SOUERS Executive Secretary Distribution: The Secretary of State The Secretary of Defense The Secretary of the Army The Secretary of'the Navy The Secretary of the Air Force The Chairman, National Security Resources Board NSCI0 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 TOP SECRET Mars No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 TOP SECRET I4SC 10 DRAFT REPORT BY THE NATIONAL SECURITY COUNCIL DIRECTOR OF SPECIAL STUDIES operations in the interest of our national security. ANALYSIS 1. 2. The means employed by a nation in pursuit of its nation- al objectives may be both overt and covert. They range in time of peace from such overt actions as political alliances, economic measures (as ERP), and "white" informational activities, toEsuchJ covert operations Cas unacknowledged support of "friendly" foreign uaemeuts, "black" prupaganda and elivourag6hient of underground re- sistance in hostile state 3? THE PROBLEM To consider measures for the furtherance of covert Having assumed greater international responsibilities than over before in our history and having been engaged in a "cold war" by the full-might of the Kremlin, the United States cannot afford to leave unmobilized or unemployed its resources for covert operations. The United States cannot afford in the future, in perhaps more serious political crises, to rely upon improvisod covert operations as was done at the time of the Italian clecticno. 4. In NSC 4-A 'provision was made for the conduct of certain covert psychological (propaganda) operations. The Stuto4 r'my-N:wy- Air Force Coordinating Committee has considered such tru~t,t~~x?csCti.; utilization of refugees, from the USSR in the United %ato.-) Y3'~L t c>rl,ti No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 V_ 0 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 TOP SECRET [intorest (SANACC 395) , plans for evacuation of key foreign person- nel (SANACC 396), demolition of oil facilities (SANACC 398), and psychological warfare (SANACC 3011. In connection with psycholo- gical warfare, the views of the Joint Chiefs of Staff, concurred in by the state-Array-Navy-Air Force Coordinating Committee, have been referred to the National Security Council for consideration. It is the opinion of the Joint Chiefs of Staff that from the mill- tart' point of view "there should be established, as soon as practi- cable, under the National Security Council, a Psychological warfare Organization, but with, its peacetime scope and activities limited to that of a working nucleus for planning and coordination" a SANACC 30k/l2)3. The Policy Planning Staff of the Department of State has also recommended that covert operations be immediately instituted wider unified directi.or). 5. In the light of the above considerations, there is a need for an organization which is designed to-strengthen and extend current covert operations in the interest of our national security and to provide for plans and preparations for the conduct, in time of war, of covert operations and of the overt phases of Psycholo- gical warfare. The e3itablishment of such an organization will re- quire the revision of rSL 4--A. CONCLUSIONS 6. The proposed National Security Council Directive in Annex A should be approved, and if approved, the proposed revision of NSC k-A in Annoy. B should be approved. ti. 1) NSC10 -2 T 0 P SECi '"> No Objection to Declassification in Part 2U12/Ub/14 : LUG-HAK-4bb-/-1-8 U No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 TOP SECRET ANNEX A PROPOSED NSC DIRECTIVE 1. There is hereby established under the National Security Council the position of Director of Special Studies. The Director shall be nominated by the Secretary of State and appointed by the National Security Council. 2. The Director should have initially a staff of four mem- bers assigned from the Department of State, one service member each from the Army, Navy, and Air Force, and one member from the Central Intelligence Agency. The Secretary of Defense may assign a member if he so desires. The staff members will act both as assistants to the Director, in the performance of his duties, and as liaison be- tveen him and their respective agencies. 3. It shall be the duty of the Director, under the direction: of the National Security Council: To be responsible for the preparation by his own staff or by other agencies, as appropriate, of plans for all covert operations. It is intended that each operating.agency will develop the details of that part of a plan covering its own operations. To review all such plans and, if he approves them, to arrange for their execution by appropriate agencies. To review the execution of such operations to insure that they are being conducted in accordance with approved provided that nothing contained heroin shall require the dis- closure of sc;creot intelligence source: and methods. 'j'01' 6S}"X'1:I.;'I' WO-P - 3 -- No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 TOP *BC101'1' d. To develop an over-all program for the conduct of covert operations and overt phases. of psychological warfare in time of war or when directed by the President, to include organization, training, equipment and logistic support, and to arrange fore initiation of such training and preparations in time of peace as necessary for the prompt. initiation of such a program. 1. The Director is charged with: . Giving timely notification of intended plans and operations to each government agency represented on his staff through the respective staff members and to other government agencies which may be affected. Problems arising in connect- ion with the formulation of plans for or the conduct of opera- tions shall be resolved directly between the Director and the ducted or sponsored by this government against hostile foreini] military forces, espionage and counter-espionage) which are con- stood to be all activities-(excluding armed conflict by recognised i c6. As used in this directive "covert operations" are under-- 5. The ends envisaged in this paper will require unvouchore:d funds other than those already appropriated. are consis en w approved plans for military operations. for war-time covert operations and psychological operations t t ith and &-^-m 1c, Ant. Joint Chiefs of Staff with US foreign policies and overt activities and that plans agency or agencies involved. Insuring that such covert activities are consistent TOP ST?t' f; E'i' "~??-~.. No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 TOP SECRET 'states or groups or in support of friendly foreign states or groups but which are so planned and executed that any US Government re- sponsibility for them is not evident to unauthorized persons and if uncovered the US Government can plausibly disclaim any responsi- bility for them. Specifically, such operations shall include any covert activities related to propaganda; preventive direct action, including sabotage, anti-sabotage, demolition and evacuation measures; subversion against hostile states, including assistance to underground resistance movements, guerrillas and refugee libera- tion groups; and support of indigenous anti-communist elements in 7.. "Overt psychological warfare" referred to herein shall be construed to mean information programs designed to facilitate the development of an informed and it telligent un dcrsturd { ng at home and abroad of the status and progress of any war effort in which the United States may be engaged and of the war policies, activi- ties and aims of the Government. threatened countries of the free world TOP CZ :C~:i:T ~~ No Objection to Declassification in Part 2012/05/14 : LOC-HAK-455-7-1-8 0 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 TOP SECRET ANNEX B DRAFT REVIVISION OF NSC 4 1. The National Be curity Council, taking cognizance of the vicious psychological efforts and covert operations of the USSR, its satellite countries and Communist groups to discredit and de- feat the aims and activities of the United States and other West- ern powers, has determined that, in the interests of world peace and US national security, the overt foreign activities of the US Government must be supplemented by covert operations. 2. The similarity of operational methods involved in covert operations and covert intelligence activities makes the Central Intelligence Agency an appropriate agency to conduct such opera- tions . Therre ore, under the authority of Section 102 (d)(5) of try National Security Act of 1947, the National Security Council: a. Directs the Director of Central Intelligence to continue, within the limit of available funds,Csuch] covert rpropaganda) Operations as may be arranged with and approved by the Director of Special Studies in accordance with the lattor's National Security Council. directive from the Authorizes the Director of Central Intelligence to conduct such other covert operations as may be arranged by the Director of Special Studies in accordance with the latter's directive from the National Security Council. 3. The Director of Cu;ntral Intellizence is charged with Qn- suring that appropriate ttigc:il(:ice of thy-, U:3 Govcrnriiont, both at NSC 10 CA - No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 W TOP SECRET No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 home and abroad (including diplomatic and military representatives in each area), are kept informed of such operations which will di- rectly affect them. 11. Nothing contained herein shall be construed to require the Central Intelligence Agency to disclose operational details concerning itssecret.intelligence techniques, sources or contacts. 1NSC 10 N. 7 N TOP S ECE'ET ~"---- No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 TOP SECRET wax "46*01A Mlagx NSC_O/ F COPY NO._? (Original COPY No. 9 destroyed by fire) DELETIONS MARKED IN YELLOW A. REPORT TO THE NATIONAL SECURITY COUNCIL by THE EXECUTIVE SECRETARY OFFICE OF SPECIAL PROJECTS June 18, 1948 WASHINGTON TOP SECRET No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 _ No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 WARNING ~ c ~. 1 i .7.}. . . ' ,4 .a :r ? 7 ' .. J , ~ . r'x i 1W : : 1 r 1 . U ~1`Fr+...' a?.V ~: +' .. S JC 1 T cv ~ T r ~ v rY+ri , [ 7 ^ i +,t ~ r + ? ( '! c - -y ' - Mt+ ~ ~ [ ry A g f { ~l~ r n A ~ 7t.C r'~+~~ .LY 1:./d/.Y.~~3;M'..?:t~'Zr r~-7f.'^.i-as~' ~`1JJt+~:..1;J.lU'.~1J..411~r-.~1r.la~. .~1.V1Y'..rs ~-1 TP wr':S INFORMATIO AG THE N't- J.S 1,0CUF DOC ""LF1'T VV CC a~ + ii44 TIONAL DEFENSE OT` TIM UNITED STATES WITHIN TIM MEANING OF .TilE ESPIONAGE ACT, 50 U.S.C., 31 AND 32, AS JVIV mED. ITS TRANSMISSION OR THE REVELATION OF ITS CONTENTS N ANY MANNER TO, All U2+AUTHORIZED PERSON IS PROHIBITED BY LA! . No Objection to Declassification in Part 2012/05/14 : LOC-HAK-455-7-1-8 NSC 10/2 L"'A TOP SECRET r *.; No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 June 18, 19t48 Copy No. 9 of 10 coplc (Origin `'`opy No. 9 dc:~ t rayed NOTE BY TILE EXECUTIVE SECRETARY to the NATIONAL SECURITY COUNCIL OFFICE OF SPECIAL PROJECTS Re ereric e : SC 10/1 ments to paragraphs 3ia aka a and lt. At its 13th 2leeting the Rational Security Council approved the Directive in NSC 10/1 subject to dclcction of paragraph 3-d and amend- The revised Directive, as approved, is circulated herewith to the Council for information and to the Director of Central Intelligence for appropriate action. SnFcial security.precautions are being, taken in the handling; of this 'r-ori?: tis ri,;,;-,c'f . t, i s ;:l' '7- 1 -i e'. ^.n7 `c r c}i thO Council may u ..s a to return his cagy for iflinrr in the ot'f'i.,-e o the .Lxecutive oecretar1, k11-?1e it wia.? lac. n. id avail blc 'uron Tr t c, t. Distributions The Secretary of State The Secretary of Defense The Secretary of the Army The Secretary of the Navy The Secretary of the Air Force The Chairman, National Security Resources Board SIDI:LY W. SOU1d:S Executive Secretary 1c 1n/2 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 on OFFICE OF SPECIAL PROJECTS 1. The National Security, Council, taking cognizance of the vicious covert activities, of the USM, its satellite countries and Communist groups to discredit and defeat the aims and activi- ties of the United States and other western powers, has determined that, in the interests of world peace and US national security, the overt foreign activities of the US Government must be supplemented by covert operations. 2. The Central Intelligence Agency is charged by the National Security Council with conducting espionage and counter-espionage operations abroad. It therefore seems desirable, for operational reasons, not to create a new agency; for covert operations, but in time of peace to place the responsibility for them within the structure of the Central intci]..it-erice Agency and correlate them .with espionage and counter-espionage operations under the over-all control of the Director of Central Intelligence. 3. Therefore, uncer the authority of Section 102(d) (5) of the National Security Act of M7, the rational Security Council hereby directs that in.time of peace: a.. A new office of Special Projects shall he created 1r;ithia, the C:-1,^t=:l ina c I l; gem^o A"er'cy to n inn and conduct covert operations; and in coordination with the joint Chiefs of Staff to p1an and prepare for the conduct of such opera-- tions.. in wartime. v b,? A highly qualified person, nominated by the Secretary of State, acceptzble to the Director of Central Intelligence and approved by the National Security Council, shall be appointed as Chief of the -'ffice of Special Pro- jects, co The Chief of the Office of Special Projects shall report directly to the Director of Central Intelli- Cence. For I.urpo: es of cec:urity and of flexibility of operations, and. to thi-: -mnx i nur dc?r-rec consistent with efficiency, the Office of Special Projects shall operate independently of other corsponents of Central. Intelligence Agency o Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 NATIONAL ST Ct^IITY COUNCIL DIRECTIVE No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 TOP SECRET d. The. Director of Central Intelligence shall be re spci sible for : (1} Ensuring, through designated reprosenta- t r S th y a ecre e tives of the Secretary of State and of of Defense, that covert operations are planned and conducted in a manner ccneistent with US foreign and . ailitary policies and with overt activities. In di.s- ations are also drawn up with the assistance of a r ..{ r v G vt t4i I zed rcrrrm::.;ii 4 t,zwAw if tit-. t1'w?~.?r~~c.i t } r tt - t;:;t..~!?!. a?~ti A rati rrosipn V~ttt- 40-a tit rot 0%alt, (L ..:t C"'h .+i.r t? 1.;:': r _.'.ia4' tj.r I. i?i..?' lity f ,r U.::;a ~.: it-A. rVi:'c:n:: t.:a. ttn-iuWjor- k G neti- ,.t.ir,.~i lrr::c, ra~t..~:. Iteat? ..1 Ir? r?+Ic-) :v;-.i.r.il vti?icrstoo'! to t-. :ta:J, nr, (:nn u"t':Lt C1,? -,. 1 Irol le` ,torcirit r t ... C t" ;;!'.sl?:` c' 7!i rt ! !'C~?`?~~ S ? i?ri.? : " l. I'or+2 i..'ii .; i..! 1.?":3 ~jr ~:i 1:1rwr' in thin rt:1't. il.r[~~ ri~[~~r "t:. C~S~~ Y'?1~ 1f"'t "" Tix?~'` directed by the Fi?esictr. nt. agreements arising betweer, the Director of Central Intelligence and the representative of the Secretary of State or the Secretary of Defense over such plans, the matter shall be referred to the National security Council for decision. (2) Ensuring that plans for wartime covert oper- representative of the Joint Chiefs of Staff and are accepted ly the latter as being consistent with and complementary to approved plans for wartime military operations. 4 11 r,-, thrcu;h appropriate. channels, (3) Info" . e';encics of the Us government, both at hone and abroad (including diplomatic and military representatives in each a-ea), of such operations as will affect them. (iC}UR?x'ti U :FS I' :.v d.l:i j,(rtaininC to ts? will to conducted by the Office of Special Projects under the guidance of the departments and agencies responsible for the planning of econotaieLvarrfare.).. Jr, Supplemental funds for the conduct of the pro- r+osa opera4ioaw for fiscal rear 1;19 shall be imm;;?;diate1y requested. Thereafter operational funds for these purposes .shall to included in norrial Central Intelligence Agency Budget requests. . !t. In time of war, or when the President directs, all plans for covert operations shall be coordinated with the Joint Chiefs of Staff. In active th:'atc r of war -.;:}:ire` Lneri,.-;an forc?s are enga;;e'd, covert r-orntirrns v-1.11 1-e Ct'?ndhic%.ted under the direct com- mtand of the kmerican 'L'hcater Commander and orders therefor will be tram.-mitted through the Joint Chief,.-. of Staff unlc ,s of erwise No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 Tor ; r;CIV.-.T No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 -. 3 - to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 Cplausi:bly disclaim any responsibility for them. Specifi- cally, such opor itions shall include arty covert activities .related to: propAganda, economic warfare,' preventive direct action, - including, sabotage, anti-sabotage, demolition and evacuation measures; subversion against hostile states, in- cluding assistance to underground resistance iaove;nents, guerrillas and refugee liberations groups, and support of indigenous anti- cowmnist elements in threatened countries of the free world. Such operations shall not include ar:nod conflict by recognized military forces, espionage, counter-espionage, and cover and deception for . military . oparati ohs 6. This nirective supersedes the. directive contained in NSC 14-A, which is hereby cancelled. No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 NATIONAL SECURITY COUNCIL PREPARED BY ROB ROY RATLIFF 1 t'l No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 .t a? p No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 TOP SECRET GTr - f /47bP ANALYSIS OF NSC 10 AND 10/2 NSC 10 -- a 1948. proposal by the.NSC Staff to name a "Director of Special Studies" under the NSC to be responsible for planning, authorizing and monitoring the execution of covert operations. ? Covert operations were deemed necessary because of our greater international responsibilities and the fact that the "Kremlin" was employing its "full might" in a "cold war" against us; we could no longer rely on "improvised covert operations as was done at the time of the Italian elections. " Paragraph 6 of Annex A defines "covert operations" to include "preventive direct action, including sabotages " "subversion against hostile states" and "support of indigenous anti-communist elements in threatened countries of the free world. " Annex B is a revision of NSC 4-A which authorized the CIA to conduct covert psychological operations. It cites the "vicious psychological efforts and covert operations of the USSR" in declaring that our overt efforts "must be supplemented by covert operations.'" It directs the DCI to continue covert propaganda operations and to conduct other covert operations subject to approval by the proposed "Director of Special Studies, Mentioned are NSC 4-A and State-Army-Navy-Air Force Coordination Committee documents 395 on utilization of USSR refugees, 396 on evacuation' of key foreign personnel, 398 on demolition of oil facilities, 304 and 3 J4/ 14 on psychological warfare. NSC 10/2 -:.- a 1948 refinement of NSC 10 (and 10/1) which assigns responsi- bility for covert operations to the CIA and creates a new "Office of Special Projects" in CIA to plan and conduct these operations. Covert operations are necessary because of "vicious covert activities of the USSR" and its satellites against us. The DCI must ensure through designated representatives of the Secretaries of State and Defense that covert operations are consistent with our foreign and military policies and overt activities; and must inform U. S. agencies at home and abroad, "including diplomatic and military representatives in each area, " of those operations which TOP SECRET No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 ? Paragraph 5. defines "covert operations" substantially the same as in NSC 10; it adds "economic warfare" to the definition. NSC 4-A is rescinded. Would declassification of these documents affect national security? Declassification could certainly fuel public attacks against the foreign policy- decision-making machinery as well as our intelligence community. For example: References to "vicious" USSR efforts against us in a "cold war" as the reason for engaging in covert operations might be exploited to adversely affect our current relations with the USSR. ? Since the "cold war" is over, critics could challenge the continuation of covert operations. Official admission that we "improvised covert operations" in Italian elections could be attacked and prompt demands for specific information. It could be exploited in connection with current Italian events. personnel--("Since 1945 it has been official U. S. policy to exploit tetnam refugees, as could the document on evacuation of key foreign assassinations. Sabotage and subversion would be officially acknowledged as part of our national policy. Our support of threatened indigenous anti-communist elements could give new life to the "Chile debate" and generate a new wave of authoritative speculation about what we are doing in Portugal, Italy, etc. Requests for documents cited in the released material would be generated. The study on "demolition of oil facilities, " for example, could generate adverse publicity linked with the current oil crisis and our "official sanction" of such action-("Since it has been official U. S. policy since 1948 to destroy oil facilities, now we know who started that fire or who placed that bomb.''). The report on "utilization of USSR refugees" could be linked with our efforts to encourage USSR policy to allow Jews to emigrate, and generate charges that our interest is in exploiting these "refugees" for political, psychological and intelligence purposes. The same arguments could be used in exploiting our handling f V. "Preventive direct action" as one of our authorized covert operations actions could be interpreted as the "official stamp of approval" for refugees, to "kidnap' key foreign personnel. ") No Objection to Declassification in Part 2012/05/14 : LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 TOP SECRET The fact that the DCI is required to keep an ambassador informed of what covert actions are being conducted in his area would prompt attacks on our diplomatic personnel as being spies and covert operators; undercut their protestations of innocence and denials of involvement in every untoward event that takes place in their country; and increase the chances of their being targets of kid- napping and terrorism. The ambassador's standard position of "plausible denial" would be destroyed. Economic warfare as an acknowledged official covert tool would open the U. S.. for blame for every adverse economic event in the world. Classified information disclosing a system, plan,,project or specific foreign relations, the continuing protection of which is essential to the national security, may be exempt from declassification under E.O. 11652. Based upon the points raised above, arguments could be made that declassi- fication of these documents would disclose 'a system and plan, and reveal elements of our foreign policy which could adversely affect our national security. Are these documents exempt from declassification because of statutory protection? The DCI (50 U. S. C. 403g) is "responsible for protecting intelligence sources and methods from unauthorized disclosures. " NSC 10 and 10/2 discuss methods of intelligence operations, especially the paragraphs which define covert operations. Exemption on these grounds is acknowledged in E. 0. 11652. CIA (50. U. S. C. 403g) is exempt from provisions of law "which require the publication or disclosure of the organization, functions, names, official titles, salaries, or number of personnel employed by the Agency.'' These documents contain information about the organization and functions of the Agency. Arguments can be made that law prohibits the release of at least a portion of these documents because such release would reveal information on methods, organization and functions of the CIA. No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 OPTIONS: There are three major options: 1. Release NSC 10 and 10/2. Pro -- They are 27 years old and no longer in effect. Whatever they may have represented, they have been superseded. They describe policy and procedures for a "cold war" era while we are now in the age of "detente. Con. -- Political and propaganda exploitation could embarrass the U. S. and adversely affect our national security. Laws pro- tecting intelligence methods and CIA organization and functions might be violated. Current policy and procedures follow patterns established by these documents. Release portions of NSC 10 and 10/2. Pro -- Protect the most sensitive portions of the document (especially paragraph 6 of Annex A of NSC 10, and paragraph 5 of NSC 10/2 which define covert operations). Can be challenged in courts. Would reveal some information which could be exploited for political and propaganda purposes. Deny declassification of NSC 10 and 10/2. Pr o - Protect sensitive material and observe statutes prohibiting dislosurre of intelligence methods or of CIA organization and functions. Con -- Can be challenged in the courts. sustain complete denial. intelligence methods or CIA organization and functions. Probably be difficult to Option 2 appears to be the most feasible if denial of declassifitat?ion of portions of these documents can be sustained on a legal basis by the arguments that national security would be affected and/or statutes prohibit disclosure of CONCLUSION: TOP SECRET No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 No Objection to Declassification in Part 2012/05/14: LOC-HAK-455-7-1-8 WASH INC;o:., L.C. 20505 25X1 No Objection T}ais ?otter rc c , t e cl :ztis'if i ation of NSC 10 acid 10/2, per your ~Cttll.s ` of 10 April,, -ndi casting that the NSC 1-ias &nied declassification -of "t" -~rrw?, rltl'::i t . under (b) (1t3) of th? ended ii01A, which ens a1. is 11L?:?' ? ti.e s;.l. i A`C'C 0l?. V-~ P The CIA h in accorcancc with your request.'reri;c:ycd the classifi- cation o t t4--se doc rLcnts and. COnCU rS in the. decision that the protects o n of the n.?tional ec.uri_ty of the 1FI ite~i States reaui res that. they remain classified TOP SF.CRP 1'. staff ry ha-L.1011 .1 Security, ncii walla .l.g;ma, D.C. 2050 Dear. r~.':rs . Davis : .N'CRAL H%V .= L{3 'CE AGENCY 'mar-s. 3":'.nne K. . '1'ayts ~:SC 10/2 .t~ b cFi. the charter t cler.which covert action has been. corchict^d by the Cc tral Intelligence Agency for the U.S. ? Government. ?ltho w :Z 5tr ple .rated by later NS'C doctmien-t_S, , NSC 10/1" rerm i.ns Valid today. Trot the date of.its issue, NSC 10/2 has always been regarded as highly .sensitive aml. 1 as been h1 md1ed with special security precwit:i_oaS. D15C?osure of these docunents it the NSC 10 series would severely lira.. -' eE ;:e ivcness of tha: cl.A. in su ,?ortin;; U.S. foreign lea : is:+ ; _l.l'V1etIalS. O's'-gc"IS31..aX7.011" and -.~^-r rnrn-i mn 'fri: ational security CA)u: L I:`.way fl flail t;1111e t-'i I ' These cccurl ants also c.l_rec'.ed trig as a U.S. (;t;'+ Nl'tlli'ient t o C rry out Chi 5 policy. and } 1't3~T'r.C'iCG3 or a it ear " S to ceordi_na te covert action with other aspects o U S. ore n 'Policy. adc tin ; these directives the JLSC St stated explicitly that it was actin c } .~ of Section I.t) . (d) (.5) of the i`.atio.la i Sew _lr ity Act, ' rti l'.i`1"LC:~1 I'a