PROCEDURES RELATING TO UNDISCLOSED PARTICIPATION IN DOMESTIC ORGANIZATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00988R000400110002-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 14, 2016
• Document Release Date: January 2, 2003
• Sequence Number: 2
• Content Type: REGULATION

OGC Has Reviewed
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PROCEDURES RELATING TO UNDISCLOSED
PARTICIPATION IN DOMESTIC ORGANIZATIONS
For the purpose of implementing Sections 2-207 and 2-307 of the Executive
Order 12036, the Director of Central Intelligence (DCI) has established and the
Attorney General has approved the following procedures relating to undisclosed
participation in any organzation within the United States by employees of the
Central Intelligence Agency (CIA), acting on behalf of the CIA or Office of the
DCl.
. PROHIBITIONS
1. Except as it may be found by the Deputy Director of Central Intel-
ligence (DDCI) to be essential to achieve a lawful purpose, no CIA employee,
acting on behalf of CIA or the Office of the DCI, may join- or otherwise participate
in any organization within the. United States, without disclosing his CIA affiliation
to appropriate officials of the organization. (Such participation is referred to in
these procedures as "undisclosed participation,")
2. Except in the case of an organization that is composed primarily of
individuals who are not United States persons and is reasonably believed to
be acting on behalf of a foreign power, as determined by the Attorney General,
no undisclosed participation may be undertaken for the purpose of influencing;
either the goals or activities of an organization or the organizational activities
of its members.
3. A CIA employee may not falsely represent that he is employed by an
organization within the United States unless appropriate officials of the organization
have consented to such representation.
4. A CIA employee will not ask or cause another person to undertake on
behalf of CIA or the Office of the DCI any activity prohibited by these procedures
or any permitted activity except pursuant to these procedures.
5. CIA will not retain or disseminate outside CIA, or to users within CIA,
nonpublicly available information concerning United States persons acquired
through undisclosed participation except as provided in Attorney General-
approved CIA procedures governing the collection, storage and dissemination
of such information concerning such persons.
PERMITTED ACTIVITIES
6. Undisclosed participation is permissible if it is determined by the l)DCI
to be essential to achieve a lawful purpose. Any such determination by the DDC1
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is subject to review by the Attorney General, although it does not require
such review,
7. The following purposes of undisclosed participation are deemed to
be lawful and permissible:
a. to obtain training or education relevant to CIA employment;
b. to obtain publications of organizations whose membership is
open to the general public;
c. to maintain or enhance the professional qualifications of CIA
employees, and to make it possible for them to stay abreast of scientific,
technical or economic information or developments in their fields of
expertise;
. d. to maintain the cover of CIA facilities which are not publicly
acknowledged as such by the United States Government;
e. to develop associations and credentials to be utilized in the
collection of foreign intelligence or counterintelligence,* as for example
by joining an organization to which an employee would ordinarily be
expected to belong if his cover employment were his true employment; or
f. to develop sources or contacts where there is a reasonable
belief that a member of the organization or the organization itself may
be a potential source or contact: Provided, however, that an investi-
gation of a United States person as a potential source or contact must
conform to the Attorney General-approved procedures for the collection,
storage and dissemination of nonpublicly available information.
8. Other purposes of undisclosed participation may be deemed to be lawful
and permissible if:
a. The Attorney General finds that the organization involved
is composed primarily of individuals who are not United States persons
and that there are reasonable grounds to believe it is acting on behalf
of a foreign power; and
b. The Attorney General approves the purpose of the undisclosed
participation.
*The collection of information by the CIA within the United States and the
conduct of counterintelligence by the CIA within the United States are the subjects
of other procedures.
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' . determi ng w ether an unc lsc osec parts mpation is essential to
achieve a lawful purpose, the DDCI will take into account the following consid-
erations:
the importance of the activity;
b, whether the purpose could be served if affiliation with CIA
were disclosed;
c. Whether the cover of CIA employees or facilities would be
compromised or.jeopardized if affiliation with CIA were disclosed;
d. whether CIA sponsorship of contracts or projects would be
compromised if affiliation with CIA were disclosed, but only to the extent
that such sponsorship may properly be concealed;
e. whether CIA's level of expertise in a particular field would
be revealed, but only to the extent that there are valid reasons for
concealing such information; and
f. any adverse consequences, including embarrassment to any
other person, that might result from the undisclosed participation,' and
whether such consequences outweigh the importance of the activity.
10. Recommendations to the DDCI for his approval of undisclosed partici-
pation need not be made on an individual case-by-case basis. Such recommendations
may cover classes or categories of cases. Each recommendation will contain a
statement of the facts and circumstances relied upon to support a determination by
the DDCI that the undisclosed participation is essential to achieve one of the lawful
purposes noted in paragraph 7 above, in light of the considerations noted in para-
graph 9 above.
11. All recommendations to the DDCI for his determination that an undis-
closed participation is essential to achieve a lawful purpose shall be forwarded
through the General Counsel, CIA.
12. All recommendations to the Attorney General to approve an undisclosed
participation for the purpose of influencing either the goals or activities of an
organization or the organizational activities of its members will be made by the
DDCI and will contain a statement of the facts and circumstances relied upon to
support such participation and a statement of the facts and circumstances relied
upon to support a determination that the organization is composed primarily of
individuals who are not United States persons and is believed to be acting in
behalf of a foreign power.
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13. Where necessary, a recommendation to the Attorney General or the
DDCI may be oral, and authorization may also be oral, but in these circumstances
the recommendation will otherwise be in conformance with these procedure:;
and will be confirmed as promptly as possible in writing.
14. All determinations made under these procedures shall be valid for no
more than twelve months after which a renewal shall be required for continuation
of an undisclosed participation.
15. Nothing in these procedures shall prohibit the retention or dissemination
of information necessary for the purpose of determining or assuring that the
requirements of these procedures are satisfied.
16. All questions as to the coverage and interpretation of these procedures
will be resolved by the General Counsel, CIA, in consultation where necessary,
with the Department of Justice. The DCI may modify these procedures upon the
express approval of the Attorney General.
7.7. For the purposes of this approval:
a. "Organization within the United States" includes unincorporated
associations, including legal entities of all types (partnerships, clubs,
charitable and fraternal groups, and other similar types of groups),
organized in the United States or substantially composed of United States
citizens or aliens admitted for permanent residence and corporations incor-
porated in the United States. Such term does not include a foreign branch
of an organization located in the United States or an organization located
outside the United States which is affiliated with an organization located
in the United States.
b. "Appropriate officials of the organization" means any official
of the organization reasonably believed to be authorized to act on behalf
of the organization in relation to the activity in question.
c. "Employee" means a person employed by, assigned to, or acting
for the CIA or the Office of the DCI.
d. "Foreign Intelligence" means information relating to the capa-
bilities, intentions and activities of foreign powers, organizations or
pel sons, but not including counterintelligence except for information on
international terrorist activities.
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 e. "Cr iterintel e "
nte activities
App~$ fc9[PJf~ o??00?/0g/ie'PbT R13Pd&-bd?i8 other land s tid ne and
activities, sabotage,. international terrorist activities or assassination~;
conducted for or on behalf of foreign powers, organizations or persons,
but not including personnel, physical, document, or comniurnications
security programs.
f. "United States," when used to describe a place, includes the
territories of the United States.
"United States person" means
(1). a citizen of the United States;
(2) an alien lawfully admitted for permanent residence, provided.
that an alien outside the United States may be presumed not to be a United
States person until information to the contrary is obtained and provided,
further, that an alien known to have been admitted for permanent residence
may be presumed to have lost status as a United States person after one
year of continuous residence outside the United States until information
indicating an intent to return to the United States as a permanent resident
alien is obtained;
(3) an unincorporated association organized in the United States
or substantially composed of United States citizens or aliens lawfully
admitted for permanent residence, provided that unincorporated associa-
tions outside the United States may be presumed not to be United States
persons until information to the contrary is obtained; or
(4) a corporation incorporated in the United States. A corporation
or corporate subsidiary incorporated abroad, even if partially or wholly
owned by a corporation incorporated in the United States, is not a United
States pers)n.
A person in the United States shall be presumed to be a United States person
unless information to the contrary is obtained.
h. "Foreign power" means any foreign government, foreign political
party, faction, military force, foreign terrorist group, or any organization
composed, in major part, of any such entity.
i. "Director of Central Intelligence" and "DCI" includes the
Acting Director of Central Intelligence.
j . "Deputy Director of Central Intelligence" and "DDCI" includes
the Acting Deputy Director of Central Intelligence.
k. "Attorney General" includes the Acting Attorney General.
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1. "Users within CIA" means any CIA employee not authorized
to have access to the information for the purpose of determining whether
the requirements of these procedures are satisfied. The only persons so
authorized are:
(1) the person initially acquiring the information;
(2) a person in the direct chain of command, both abroad and
within the United States, of the person initially acquiring the information;
and
(3) specifically designated officers. The Office of General Counsel
will be apprised, and will maintain a list of such designees.
Date Director of Central Intelligence
I approve the foregoing procedures in accordance with subsection 2-207
of Executive Order 12036. In my opinion undisclosed participation by CIA
employees in domestic organizations conducted pursuant to and in accordance
with these procedures is lawful. Based on the authorities of the Constitution,
.the statutes of the. United States, and Executive Order 12036, it is my opinion
that these procedures form the exclusive authority by which CIA employees may
participate in organizations within the United States without disclosing their
true employment affiliation.
Date Attorney General
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