CIA SECRECY AGREEMENTS

Created: 12/24/1985

OCR scan of the original document, errors are possible

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MEMORANDUM FOR: Assistant to the President tot National

Security Affairs

Secrecy Agreements

1 Tn lightecent request from the information Security Oversight Office (ISOO) that we adopt for Agency use the standard ISOO nondisclosure agreement, we believe it is necessary to reconfirm our position as set forth in our letter to Mr. McParlane datedopy of that letter is attached.

In National Security Decision Directive No.he President mandated the institution ofsecurity practices and procedures designed to improve the protection of classifiedwithin the United States Government. As you know, one feature of the NSDDequirement that individuals being granted access to classified information sign,ondition of suchegallv binding agreement not to disclose classified information to unauthorized persons. To assist departments and agencies with no expertise in this area,rovided that the Director of ISOO wouldtandardized fora that would satisfy the requirements of the NSDD. tandardized classified information nondisclosure agreement was promulgated by ISOO and made available for Government-wide use.

These efforts to protect classified informationong way toward upgrading security within the Government and have my lull support. Of course, the CentralAgency (CIA) does not need to use, and will not use the standardized form made available by ISOO, since the executionar more stringent Secrecy Agreement is currently requiredondition of CIA employment, and

of access to CIA information, and has been required by every Director of Central Intelligence (DCI)ondition of CIA employment, and access to CIA information, since the CIA was

'*er Pe'eas-.

established. The requirement thatecrecy Agreement be executed flows from the responsibility of the DCI to protect intelligence sources and methods from unauthorized disclosure as set forth inf the National Security Act This responsibility has also been specificallyin National Security Council intelligence Directivend Executive Order.

oes not purport to divest thehis responsibility under law to set CIA securitywill ensure the protection of intelligence sourcesnor does it even suggest that ISOO'sshall replace the CIA's more stringent Secrecyshould be noted that the prototype for such agreementsby the Supreme Court in the Snepp case). Since webelieve that it was ever intended that the NSDDjudgment of the Director of ISOO for the judgment ofconcerning the level of protection necessary toinformation within CIA, we do not believe the reasonably be construed as requiring to seek of its Secrecy Agreements. Accordingly, we dothe CIA's Secrecy Agreements as being subject toany other review and we do not intend to seek orreview, or any other review, of our agreements.

indicate your concurrence by signing below.

Attachment

CONCUR:

John K. Poindexter

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Honorable Robert C. McFarlane Assistant to the President

for National Security Affairs The White House Washington, D.

Dear Bud:

In National Security Decision Directive4he President mandated the institution of certain security practices and procedures designed to improve the protection of-classified information within the United States Government, One feature of the NSDDequirement that individuals being granted access to classified information sign,ondition of such access,egally binding agreement not to discloseinformation to unauthorized persons. To assist departments and agencies with no expertise in this area,rovided that the Director of the Information Security Oversight)tandardized form-that would satisfy the requirements of the NSDD.* Recently,tandardizedinformation nondisclosure agreement was promulgated by ISOO and made available for Government-wide use.

These efforts to protect classified informationong way toward upgrading security within the Government and have my full support. However, the executionar more stringent, legally binding Secrecy Agreement is currently requiredondition of CIA employment and has been required by every Director of Central Intelligence (DCI)ondition ofsince the CIA was established. The requirement thatecrecy Agreement be executed flows from the responsibility of the DCI to protect intelligence sources and methods from unauthorized disclosure as set forth inf the National Security Act This responsibility has also been specifically recognized in National Security Council Intelligence Directivend Executive. Therefore, the Central Intelligence Agency does not need to use, and does not intend to use, the standardized fores raade available by ISOO.

ocs not purport to divest tht DC1 of his responsibility under law to set CIA security standards that will ensure the protection of Intelligence sources and methods, nor docs It even suggest that ISOO'5 standardized Corn shall replace the CIA's more stringent Secrecy Agreement. which was upheld by the Supreme Court in the Snepp case. Since we do not believe it was ever intended that the'liSDD substitute the Judgment of the Director of ISOO for the judgment of the DCI concerning the level of protection necessary to safeguard classified inforoation within CIA. we do not believe the NSDD can reasonably beas requiring the CIA to seek ISOO review of its Secrecy Agreement. Accordingly, we do not regard the CIA's Secrecy Agreement as being subject to ISOO review. We intend to continue the use of our currentecrecy Agreementmopy of for your information.

Yours.

vjoum. *caseV

William J. Casey

Enclosure

Original document.

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