NATIONAL SECURITY COUNCIL INTELLIGENCE - DIRECTIVE NO. 5° U.S. ESPIONAGE AND COUNTERINTELLIGENCE ACTIVITIES ASROAD (Effective 17 February 1972) Pursuant to the provisicus of Section 102(d) of the National Security Act 19-17, as amended, the Nationsl Security Council hereby authorizes and directs that: , ! 1. For the purpose of this directive: a. Espionage is defined as that intcllisence activity directed towerd the acquisition of information through clandestine means. b. Counterintclligeuce is defined as that intelligence activity, with its re sultant product, devated to destroying the effectiveness of inimical forcign intclligence activities and undertaken to protect the security of the nation and its personnel, information and installations against espionage, sabotage and subversion. Counterintelligence inchides the process of procuring, developius, recording and disseminating information coacerning hostile clandestine activity and of penctrating, maaipulatiny or repressing individuals, groups or organiz2- tions conducting such 2 activity. 2. To ensure centralized directivu through prior, comprehensive and con- tinuing coordination of ail clandestine activities authorized herein, the Director of Central Intelligence shall, after appropriate consultation: ~ @. Establish the procedures necessary to achieve such direction and co- ordination, includiag the assessmext of risk incident upon such operations 2s compared to the value of the activity, and to ensure that sensitive operations are reviewed pursuznt to applicable directives. b. Coordinate all clandestine activities authorized herein and: couducted outside the United States and its possessions, including liaison that concerns clandestine activitics cr that involves forcign clandestine services, except when the provisioas of paracraph § apoly; also courdinate clandestine activites with overt collection abroad. c. Invite departments and agencics net permanent members of the United States Intelligence Board that have clandestine counterintellizence re- spousibilities abroad to participate in dcliberations of the Board when clan- Gestine counteriniclligence matters affecting such responsibilities are under consideration. d. Make mutually agreeable arrangements with other departments and agencies for such cover support as may be needed by the Central Intelligence AL Tinentivea aueredes NSCID No. 5 dated 15 January 19G1. . bree | one
- @€. Resolve disnutes arising in the cumed -  @& The maintenance for the benefit of the intelligence community Agency and coordinate Uie arrangements for cuver suppurt re 3% quired by any other department or agency to carry out the cludestine activities authorized in peragianh -{ below, except when such cover is to Le provided unilaterally vith other de- and witheet utilizing the facthties of, or becs partnents or agencies of the goverament oc: 1 Cestine counterintelligence activities abroad. . The Central Intelligence Agency has pracy responsibility for U.S. clan- Castine activities abread. Subject to the provisions of parageaph: § it is responsible ior the following services of common cencern: c The conduct of espivaage outside Ure United Sintes and tc possessious in erder to mect the intehisence nceds of a'f Copartmicats and agencies cou- cemed, in connection with the national securis~ ' b. The conduct of clandestine counterintelisence outsize the United States and its possessions. c. The coaduct of liaison with foreign clandestne services or, concemiag the above clandestine activities, with foreign intelligence or security services. L tall QO indexes and records of foreign counterintellisocea infomation All departments and agencies shall contribute to this index, on 2 continuing basis, such matciial collected by them as is appropriate for 2 central fle; this material shall be - collated and analyzed for apocopriate disseninctice e. Upoa request and to the extent practiccble, assisting other departments and esencics ia connection with their cover and sepgart needs. 4, Subject to the provisions of paragragh 2 above, other departments and ezencies with commands or instullntions located cusice the US. and its pos- sessions m2y: e. conduct supslementary espionage in erdar to sasS departmental in- tellizance needs; b. coaduct clandestine counterintclligence activities necessary for the se- curity cf their personncl, conimands, activites aac installotsas; e. conduct Lsison with foreim clandestine services or, concerning the above clandestine activities, with foreisa intelligence or secusity sacvices. & The deparineats and agencies concerned shall assist the Central Intelli- cence Asency in its conduct of espionage by providing guidance in the form of coctnuous, Hmely and specific collection requirements and, as- required, essasements of the valuz of the informatica collected Such departments and egancies shall provide s:-:lar support to each ther as requized. Conversely, the Ceatral Intelligence Agu:cy shall assist other departments and agencies by providing, as practicable, assessinents of the value to national intelligence of the uw information dcrived froin the activities of other ageacios as authorized hercin. 6. Ina forcien area, except where paragraph § epplics, the Director of Central Sansasy ntclligence shall, after consultation with the Scarctary of State, ensure tht oo? of
the senior U.S. representative, or his designated representative, is appropri: ately advised on 2 ti: ny basis of US. esp! tonave and cliudestine counterintcligence aclivitics conlicted in or affecti: ng the area 7. Ina foreign area where invor US. nuilitary commands are stationed, the dusiguated represcututive of the Director of Central Intelligence shall heep the senior U.S. milituy cosmancters, or their desizanted representatives, appropri- aicly informed of the espionage and clandestine countcrintclligence activities and operations conducted by the Central [: uichigense Agency in or frou such areas, including Haison between the Central Intelligence Agency and forcign mee military est tablis lunents. forces are engaged, or when the tobe 5 - §. In active theaters of war President so direets: - a. Except as provi ded hy subparagaph b below, the entire Central Iatelli- gence Agency organization ecaductng espionage and clandestine counter- intelligence operations i in or from a theater shall, as 2 component foree, be under - the direct command of the US. Theater Commander, in accordance with agreements separately reached Letweer the Director of Central Fotelli gence and the Secretary of Defease, and shall provide espionage and counter- intclligence support to military opersticas. b. Espionage and counteristelisence operaticns that because of some exceptional political, diplumatic or other implications, are conducted inde- pendently bythe Central Witelicence Agency, shall be coordinated by the Director of Central Intelligence with the Sceretasy of Defense and with th "Seerctary of State. ; : - c. The Secretary of Deferse and the Director cf Central Intelligence shall establish general procedures for the ccordinston of Laison on clandestine orate activitics between U.S. militasy commanders and fore cin services that eng2ge in such activities. . 9. In addition tc the avove, the Director of Ceatral Intelligence shall a. Devciop appropriate policy recommendations for National Sceurity Coun- cil consideration with respect to the overall U.S. counterintellicence cffort conducted outside the U.S. acd its possessions. . b, To the extent necessary to ensure conformity with policies approved by the National Sccurity Council, provide fer the ccordination of all types of US. counterintclligence activitics conducted abroad and for the coordination of such activities with those conducted by the departments and ageucies _ responsible for domestic couaterintchis genec. - bd - ae