2.00000
104-10326-10043
2025 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992
SECRET
MHFNO 96-5536596
SENSIND:
SECRET
PAGE:
1
FRP:
STAFF
CONE EA/PAMSI/A
INFO: C/ORMS, DC/EA, EA/LGL, EADORECORD, LIMITO
*MDSX, ODPD, FILE, C/EA, EA/XO (3/P)
96 5536596
ASO
PAGE 001
TOT: 272220Z SEP 96
DIRECTOR 960961
*
SECRET
STAFF
TO: (IMMEDIATE CANBERRA.
272220Z DIRECTOR 960961
FROM LIMIT EA/PAMSI/A INFO EA/LGL, CHIEF/EA, DC/EA]
(SLUGS
WNINTEL
SUBJECT: AUSTRALIAN DEMARCHE TO USG REGARDING US LEGISLATION ON
DECLASSIFICATION
REF: NONE
TEXT:
1. ACTION REQUIRED: PLEASE FAX BY COB 2 OCT A COPY OF THE
1995 AUSTRALIAN DEMARCHE TO THE USG REGARDING LEGISLATION ON THE
DECLASSIFICATION OF DOCUMENTS. ADDITIONALLY, WE WOULD APPRECIATE
STATION'S RECOLLECTION OF LIAISON'S REACTION TO THE US LEGISLATION
AS WELL.)
2: THE<JOHN>F.<KENNEDY>REVIEW BOARD< (JFK>BOARD) ESTABLISHED
*BY THE PRESIDENT TO DECLASSIFY ALL DOCUMENTS RELATING TO THE<JOHN>
*F.<KENNEDY ASSASSINATION>HAS COME ACROSS TWO AUSTRALIAN DOCUMENTS
(AND FOUR CIA DOCUMENTS) WHICH THEY WOULD LIKE TO DECLASSIFY WHICH
REVEAL THE EXISTENCE OF AN AGENCY-AUSTRALIAN LIAISON RELATIONSHIP
THE REVIEW BOARD HAS BROAD AUTHORITY TO DECLASSIFY DOCUMENTS
*RELATED TO THE<JFK>COLLECTION REGARDLESS OF THEIR COUNTRY OF
ORIGIN OR THE SENSITIVITY OF THE SUBSTANCE. IT HAS COME TO OUR
ATTENTION THAT THE BOARD HAS REVIEWED THE TWO AUSTRALIAN DOCUMENTS
AND THE FOUR CIA DOCUMENTS AND DEEMED THEM APPROPRIATE FOR
RELEASE.. GIVEN THE OBVIOUS SENSITIVITY OF OUR LIAISON
RELATIONSHIP WITH AUSTRALIANS, OGC IN COORDINATION WITH EA/LGL AND
EA/PAMSI, IS PREPARING A MEMO TO THE BOARD REQUESTING THEY NOT
RELEASE THE FIRST TWO DOCUMENTS BECAUSE THE DOCUMENTS ARE THE
PROPERTY OF THE AUSTRALIAN GOVERNMENT. INSTEAD WE ARE WILLING TO
PROVIDE SUMMARIES OF THESE DOCUMENTS OMITTING ANY MENTION OF THEIR
[AUSTRALIAN ORIGIN OR OF THE EXISTENCE OF A RELATIONSHIP BETWEEN
OUR TWO SERVICES THE AGENCY DOCUMENTS WHICH MAKE REFERENCE TO
SOUR LIAISON RELATIONSHIP WOULD BE REDACTED TO TAKE OUT ALL)
REFERENCES TO AUSTRALIA.
3. IN OUR EFFORT TO PRESENT A SOLID CASE TO THE<JFK>BOARD,
THE MEMO INCLUDES A STRONG ARGUMENT THAT EVEN APPROACHING THE
AUSTRALIANS ON THE ISSUE OF DECLASSIFICATION OF AN AUSTRALIAN
DOCUMENT WILL STRAIN OUR RELATIONSHIP WITH THEM. OUR ARGUMENT
SECRET
13-00000
SECRET
MHFNO: 96-5536596
*
SENSIND:
WILL ENUMERATE THE THE UNFAVORABLE REACTION THE AUSTRALIANS HAVE
HAD TO RECENT DISCLOSURES AND AGENCY REQUESTS FOR PERMISSION TO
DISCLOSE INFORMATION PASSED TO US BY THE (AUSTRALIAN SERVICES,
EXAMPLES WE INTEND TO CITE INCLUDE THE (DUTY TO WARN ISSUE WHERE
THE AUSTRALIANS WERE ADAMANT ABOUT NOT GIVING PERMISSION TO
DISCLOSE THEIR INFORMATION BECAUSE OF SOURCE PROTECTION ISSUES,
THE ASIS CONCERN ABOUT THE BOOK PUBLISHED BY A FORMER AGENCY
EMPLOYEE THAT ALLUDES TO A LIAISON RELATIONSHIP WITH THE
AUSTRALIANS, THE RECENT DEMARCHE EXPRESSING CONCERN THAT A FORMER
AGENCY OFFICER ALLEGEDLY DISCLOSED CLASSIFIED (AUSTRALIAN
INFORMATION (AN ALLEGATION THE DDCI ASSURED THE AUSTRALIANS WOULD
BE THOROUGHLY INVESTIGATED), AND THE DEMARCHE IN 1995 BY THE
AUSTRALIAN GOVERNMENT RAISING CONCERNS ABOUT OUR U.S.
DECLASSIFICATION LEGISLATION AND WHETHER THE LEGISLATION PROVIDES
ADEQUATE GUARANTEES ABOUT NOT DISCLOSING INFORMATION PASSED TO US
BY FOREIGN SERVICES WITHOUT EXPRESS AUTHORIZATION. FROM SUCH
FOREIGN SERVICES.) WE WILL ALSO MAKE REFERENCE TO A RECENT
APPROACH BY THE AUSTRALIANS ASKING FOR OUR OKAY IN THEIR
DECLASSIFYING SOME OF OUR DOCUMENTS, AND OUR STRONGLY-WORDED
RESPONSE DENYING PERMISSION AND ARGUING THAT SUCH DISCLOSURE WOULD
BE A BREACH OF TRUST.
4. IN ORDER TO BOLSTER OUR POSITION WITH THE<JFK>BOARD
REQUEST STATION OBTAIN A HARD COPY OF THE (AUSTRALIAN DEMARCHE ON
THE DECLASSIFICATION LEGISLATION THAT CAN BE ATTACHED TO THE MEMO.
WE BELIEVE THAT SUCH HARD COPY EVIDENCE FROM THE AUSTRALIANS WILL
BOLSTER OUR ARGUMENT SIGNIFICANTLY. WE ARE UNABLE TO LOCATE THE
ACTUAL TEXT OF THIS DEMARCHE IN HQS..
5.
THE BOTTOM LINE HERE IS THAT WE DO NOT WANT EVEN TO
APPROACH THE AUSTRALIANS ABOUT DECLASSIFYING. THE AFOREMENTIONED
DOCUMENTS. WE HOPE OUR MEMO CONVINCES THE BOARD THAT, IN LIEU OF ·
RELEASING THE DOCUMENTS, SUMMARIES THAT OMIT ALL REFERENCE
AUSTRALIA WILL SUFFICE.
.6. FYI: OUR FALLBACK POSITION IF THE BOARD TURNS DOWN THE
CONCEPT OF SUMMARIES, IS TO MAKE CLEAR THAT WE CANNOT RELEASE THE
AUSTRALIAN DOCUMENT, EVEN IN REDACTED FORM, WITHOUT AUSTRALIAN
PERMISSION; FURTHER, THAT IF WE SEEK AND ARE DENIED PERMISSION AND
THE BOARD NONETHELESS PROCEEDS WITH THE DECLASSIFICATION, IT WILL
HAVE A TREMENDOUS NEGATIVE IMPACT ON OUR RELATIONSHIP WITH THE
AUSTRALIAN SERVICES IN SUM, OUR GOING-IN POSITION IS WE WANT TO
AVOID RAISING THE SPECTER WITH THE AUSSIES THAT THE AGENCY MAY
HAVE TROUBLE PROTECTING THEIR SECRETS. IF THE BOARD TURNS DOWN
OUR INITIAL PROPOSAL AND INSISTS WE SEEK AUSTRALIAN PERMISSION TO
DECLASSIFY, WE WILL DO SO. IN SUCH AN EVENT, OUR LEGAL PEOPLE
BELIEVE A STRONGLY-WORDED DOCUMENT FROM THE AUSTRALIANS REFUSING
PERMISSION WOULD PROBABLY PERSUADE THE BOARD NOT TO RELEASE THE
AUSTRALIAN DOCUMENT. WE WILL KEEP YOU ADVISED ON HOW THIS IS
PROGRESSING AND WOULD APPRECIATE ANY FURTHER GRIST FOR THE MILL AS
WE CRAFT OUR MEMO TO THE BOARD AS WELL AS THE TEXT OF THE
AUSTRALIAN DEMARCHE ON DECLASSIFICATION LEGISLATION.
".
7.5 FILE: 005-002-004. CL BY: 715410, CL REASON:
DECLION: X1, DRV FROM: HUM 2-84.
CABLETYPE: GECO STAFF 1.0.2.
RELNO:
DORELS0100525051
1.5(C),
ORIG: EA/PAMSI/A (HERGENR, 39998) COORD: EA/LGL (PATTERSON)
REL: C/EA/PAMSI (HOPTIAK).
SECRET
PAGE:
2
13-00000
SECRET
(MHFNO: 96-5536596
SENSIND:
PAGE:
3
END OF MESSAGE
SECRET
SECRET