CIA REGULATION UNDER E. O. 11652 FOR PUBLICATION IN THE FEDERAL REGISTER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75-00793R000200180029-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 13
• Document Creation Date: December 16, 2016
• Document Release Date: November 22, 2004
• Sequence Number: 29
• Publication Date: July 10, 1972
• Content Type: MF

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OGC 72-1017
J JUL 1972
MEMORANDUM FOR: Executive Director -Comptroller
SUBJECT : CIA Regulation Under E.O. 11652 for Publication
in the Federal Register
1. This memorandum contains a recommendation for approval
of the Executive Director-Comptroller. Such recommendation is con-
tained in paragraph 5.
2, I implementing E. O. 11652 was approved by the
Executive Director on 13 June and became effective on 30 June. The
regulation included an Annex A which prescribes the rights of members
of the public to have access to CIA documents and to have classified
documents reviewed for declassification and sets out procedures for
such requests. (Annex A also is a revised implementing regulation
under the Freedom of Information Act.) By its terms, Annex A is to
become effective "upon its publication in the Federal Register. "
3. There are a number of errors in Annex A and several items
which warrant clarification or improvement. The attached revision of
the Annex (Tab A of this memorandum) is to accomplish these correc-
tions and improvements. For reference, the existing Annex A is
attached at Tab B.
4. The changes are as follows:
a. In subparagraph 4(c) the words "enough specificity"
have been replaced by the words "sufficient particularity. "
The latter words are used in the NSC Directive and elsewhere
in Annex A.
b. Subparagraph 5(b) includes some clarifying language.
c. In subparagraph 6(c) the words "principles prescribed
for classification decisions by E. 0. 11652 and implementing
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directives and regulations" are replaced with the words
"criteria set forth in Section 5(B) of E. 0. 11652. " A
similar change is made in subparagraph 8(c). This accords
with the requirements of the NSC Directive.
d. Subparagraph 6(c)(1) has been modified to require
the Agency component which, upon request, reviews a docu-
ment and retains its classification, to, "unless it is not
possible to do so, set a date on which the document shall
be declassified automatically. " This is required by the
NSC Directive.
e. In the penultimate sentence of subparagraph 6(d),
the words "shall set a date on which the document shall
become declassified" are replaced with the words "the
period of time in which the document shall continue to be
classified. " This is a more accurate implementation of
the NSC Directive.
f. The last word of the first sentence of subparagraph
6(e), "referral", is replaced by the words "request by the
Assistant to the Director. " This also is required by the NSC
Directive.
g. An incorrect reference to "paragraph 9" in the last
line of subparagraph 6(e) has been changed to "paragraph 8. "
h. The last sentence of paragraph 7 which precedes
subparagraph 7(a) has been added and subparagraphs 7(a) and
7(b) slightly revised. They provide that the Agency may (but
is not so required) make available a document. exempt under
the Freedom of Information Act for reasons other than that it
is classified, when on the basis of applicable law, regulations
and policy the Agency desires to do so. This is consistent
with the spirit of E. 0. 11652 and the Freedom of Information
Act.
i. In subparagraphs 8(a) and 8(b) of the existing Annex,
an individual who had requested declassification review of docu-
ments less than 10 years old and whose request had been rejected
because of the age of the documents (see subparagraph 6(b)).
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could appeal that decision to the CIA Information Review
Committee. Such an appeal is not required by the Directive
and would be a futile exercise since the age of a document
generally is not a matter for disagreement. This has been
corrected by omitting from the appeal provisions of subpara-
graphs 8(a) and 8(b) the reference to subparagraph 6(b).
j. An incorrect reference to "subparagraph 10(a)", in
subparagraph 8(b), has been changed to "subparagraph (c)
of paragraph S.
k. Subparagraph 9(a) of the existing Annex has become
subparagraph 8(c) and subparagraph 9(b) has been combined
into what is now paragraph 10.
1. Paragraph 9 has been revised to avoid any suggestion
that a requester for declassification whose request is denied by
the Agency component may appeal directly to the Interagency
Classification Review Committee (ICRC) without first appealing
to the CIA Information Review Committee. The paragraph also
makes clear that a denial of a request for a document under the
Freedom of Information Act (except denials for classified docu-
ments) may not be appealed to the ICRC.
m. The last sentence of paragraph 11 is new and is designed
to tell the public how to pay any fees which may be required.
n. There is a, correction of a grammatical error in para-
graph 12.
5. Under the NSC Directive, regulations of the various agencies
are to be approved by the interagency Classification Review Committee
and upon such approval "shall be published in the Federal Register to
the extent they affect the general public. " The CIA regulation, including
Annex A, has been approved by the ICRC. The ICRC proposes to publish
as soon as possible in a single issue of the Federal Register the pertinent
regulations of all the agencies. We have been asked to get our revised
regulation to that Committee as soon as possible, so that it may forward
to the Federal Register people early next week all of the regulations of
the various agencies which are to be published in the Federal Register.
It is recommended, therefore, that you approve the attached revised
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9180029-8 ^ SECRET
ROUTING AND RECORD SHEET
SUBJECT; (Optional)
FROM:
EXTENSION
NO.
General Counsel
DATE
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
1.
Asst. to the Director
1 - 9 FOR CONCURRENCE:
1F04 Hqs.
2.
3. DD/P
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3C34 Hqs.
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4.
5. DD/I
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7E44 Hqs.
6.
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7D26 Hqs.
8.
9. DD/S&T
6E60 Hqs.
10.
1111. ExDir-Compt.
FOR APPROVAL:
7D59 Hqs.
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12.
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13. General Counsel
7D07 Hqs.
14.
15.
FORM 610 USDITIONSu~
3-b2 ^ SECRET ^ CONFIDENTIAL
INTERNAL
USE-ONLY
UNCLASSIFIED
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CENTRAL INTELLIGENCE AGENCY
Public Access to Documents and Records - Declassification Requests
1. Authority. This regulation is is sued under the authority of
the National Security Act of 1947, the Central Intelligence Agency Act
of 1949, the Freedom of Information Act (5 U. S. C. 552), and Executive
Order 11652.
2. Purpose. Pursuant to the requirements of the Freedom of
Information Act and pursuant to Executive Order 11652, the following
are established as the rules of procedure with respect to public access
to the records of the Central Intelligence Agency and requests for clas-
sification review of classified information and material.
3. Organization and Requests for Information. The headquarters
of the Central Intelligence Agency is located in Fairfax County, Virginia.
Functions are channeled and determined by regular chain-of-command
procedures. Other than this regulation there are no formal or informal
procedural requirements regarding public access to Agency records.
Requests for information and decisions and other submittals may be
addressed to The Assistant to the Director, Central Intelligence Agency,
Washington, D. C. 20505.
4. Requests for Documents or Classification Review.
(a) Any person may request that any identifiable records
or documents be made available.
(b) Any person may request a classification review of
records or documents which are classified under E. O. 11652,
or any predecessor Executive Order, and are more than ten
(10) years old.
(c) Requests may be addressed to The Assistant to the
Director, Central Intelligence Agency, Washington, D. C. 20505.
Requests need not be made on any special form but may be by
letter or other written communication setting forth the pertinent
facts with sufficient particularity that the requested document or
record can be located or identified with a reasonable amount of
effort.
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5. Processing Requests.
(a) The Assistant to the Director shall promptly acknowl-
edge receipt, in writing, and refer the request to the Agency
component having responsibility for the records or matter
involved (the responsible component).
(b) The responsible component shall undertake to locate
or identify the document. If the request does not describe the
document with sufficient particularity to permit it to be located
or identified with reasonable effort, the responsible component
shall so inform the Assistant to the Director. The Assistant to
the Director will advise the requester that unless additional
identifying information is furnished the request cannot be proc-
essed further. The requester may then resubmit his request,
furnishing additional identifying information. Any resubmitted
request also shall be processed in accordance with this regulation.
If the responsible component determines that the request is
unduly burdensome, it shall so inform the Assistant to the
Director who thereupon shall ask the requester to limit his
request to records that are reasonably obtainable.
6. Action on Requests Involving Classified Documents. Upon
locating a requested document or upon identifying it sufficiently to
permit the making of the appropriate determinations under this para-
graph, the responsible component shall determine the date of origin
of the document and whether the document is classified under E. O.
11652 or any predecessor Executive Order.
(a) If the component determines that the document is
unclassified, the request shall be further processed under
paragraph 7 of this regulation.
(b) If the component determines that the document is
classified and is less than ten (10) years old, he shall so inform
the Assistant to the Director, who thereupon shall deny the
request.
(c) If the component determines that the document is
classified and is between ten (10) and thirty (30) years old,
it shall review the classification and continue, modify, or
remove the classification based on the criteria set forth in
Section 5 (B) of E. O. 11652.
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(1) If the component classifies the document at
the original level of classification, or at another level,
it shall so advise the Assistant to the Director and, unless
it is not possible to do so, set a date on which the docu-
ment shall be declassified automatically. Also, if it is
possible to furnish the requester with a brief statement
as to why the document cannot be declassified, the com-
ponent shall furnish such a statement to the Assistant to
the Director. The Assistant to the Director thereupon
shall deny the request and transmit to the requester the
statement furnished him.
(2) If the component declassifies the document, the
request shall be further processed under paragraph 7 of
this regulation.
(d) If the component determines that the document is clas-
sified and is at least thirty (30) years old, it shall forward the
request, together with its recommendation for continuing, modi-
fying, or removing the classification, to the Director for his
personal action under Section 5 (E) of E. 0. 11652. The Director
may continue, modify, or remove the classification. If the
Director classifies the document at the original level of classi-
fication, or at another level, he also shall specify the reasons
for continued classification and the period of time in which the
document shall continue to be classified. The Director's deci-
sion shall be made known to the requester.
(e) If possible, action on each request referred to a respon-
sible component under subparagraph 5(a) shall be completed within
thirty (30) days of receipt of the request by the Assistant to the
i,
(30) da
s
ithin thirt
l
d
t
b
y
,
y
w
e comp
e
e
Director. If action cannot
the component shall so inform the Assistant to the Director and
shall explain the reasons for further delay. The Assistant to the
Director shall so advise the requester. If the requester does not
receive a decision on his request within sixty (60) days, he may
apply to the Central Intelligence Agency Information Review Com-
mittee, established pursuant to Section 7(B)(2) of E. 0. 11652.
Any such application shall be processed as an appeal under para-
graph 8 of this regulation.
7. Action on Requests Which do not Involve Classified Documents.
When a responsible component determines that a request refers to a
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4
document which is unclassified (subparagraph 6(a), above), or when
the responsible component declassifies a document under subpara-
graph 6(c)(2), the component thereupon shall determine whether the
document is exempt from public disclosure under any of clauses (2)
through (9) of subsection 552(b), Title 5, United States Code. I If the
component determines that the document is exempt under any of such
clauses, it shall also determine, on the basis of applicable law, regu-
lations and policy, whether the document nevertheless should be made
available to the requester.
(a) If the component determines that the document is
exempt and should not be made available, it shall so advise
the Assistant to the Director who thereupon shall deny the
request.
4(
(b) If the component determines that the document is
not exempt or that it is exempt but nevertheless should be
made available, it shall so advise the Assistant to the Director
who shall furnish the requester the copy of the document or
give him access to it.
8. Appeal to CIA Information Review Committee.
(a) Notification of Right to Appeal. When the Assistant
to the Director advises a requester that a request does not
describe a document with sufficient particularity to permit
it to be located with reasonable effort (subparagraph 5(b),
above), or when he denies a request pursuant to subparagraph
6(c)(1) or 7(a), he shall also advise the requester that he may
appeal that decision to the Central Intelligence Agency Informa-
tion Review Committee, established pursuant to Section 7(B)(2)
of E. 0. 11652.
(b) Procedures. Any requester, by letter or other written
communication, may appeal to the. Central Intelligence Agency
Information Review Committee any decision conveyed to him
under subparagraph 5(b), 6(c)(l) or 7(a), or apply to the Com-
mittee in accordance with subparagraph 6(e). The communi-
cation should (1) indicate the decision being appealed or, in the
case of subparagraph 6(e) applications, the action sought, and
(2) present any information or justification the. requester may
wish to submit. It should be addressed to that Committee, c/o
The Assistant to the Director, Central Intelligence Agency,
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5
Washington, D. C. 20505. The Assistant to the Director
shall forward the communication to the Committee for appro-
priate action under subparagraph (c) of this paragraph.
(c) Committee Action on Appeals. Within thirty (30)
days the Committee shall consider any appeals forwarded to
it under subparagraph (b) and take such action thereon as it
may deem appropriate, based on the criteria set forth in
Section 5(B) of E. O. 11652 and on other applicable provisions
of that Order and of applicable statutes and regulations. The
Committee may affirm, overrule, or modify the appealed
decision. The Assistant to the Director shall advise the
requester of the decision of the Committee.
9. Appeal to Interagency Classification Review Committee.
Any request denied by the Director under subparagraph 6(d) and any
appeal denied by the CIA Information Review Committee under sub-
paragraph 8(c), other than a request originally denied under subpara-
graph 7(a), may be appealed to the interagency Classification Review
Committee, established pursuant to Section 7(A) of E. O. 11652. When-
ever the Assistant to the Director informs a requester that his request
or appeal has been so denied, he also shall advise the requester of his
right to appeal to the Interagency Classification Review Committee.
10. Suggestions and Complaints to CIA Information Review
Committee. Any person may direct any suggestion or complaint with
respect to the Agency administration of the Executive Order and the
implementing regulations, including those regarding overclassification,
failure to declassify, or delay in declassifying, to the CIA Information
Review Committee. The Committee shall consider and resolve all such
suggestions and complaints.
11. Fees. In accordance with Section 483a of Title 31 of the
United States Code, fair and equitable fees may be charged in connec-
tion with any Agency action or service in response to a request under
this regulation. Fees shall be based on the cost to the government to
conduct the necessary research and on the other standards prescribed
by Section 483a. If a fee is to be charged, the requester shall be so
informed by the Assistant to the Director and payment, or satisfactory
assurances of payment, obtained from the requester before the action or
service is undertaken. Payment shall be by check or postal money order
made payable to the Treasurer of the United States.
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12. Revocation. The CIA notice of July 21, 1967 (32 Fed. Reg.
140, July 21, 1967) is hereby revoked.
13. Effective Date. This regulation shall become effective upon
its publication in the Federal Register.
21 July 19 7 2
(Date)
W. E. COLBY
Executive Director
Central Intelligence Ag
ST
Certified true copy:
(Date) Lawrence R. Houston
General Counsel
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