C4." Nees L ad Ue ay DCID No. 1/7 DIRECTOR OF CENTRAL INTELLIGENCE DIRECTIVE NO, 1/7 CONTROL OF DISSEMINATION OF FOREIGN INTELLIGENCE . (Effective 18 May 1976) Pursuant to Section 102 of the National Security Act of 1947, Executive Order 11905 and National Security Council Intelligence Directives, certain controls on dissemination of foreign intelligence and related material@ (hereafter referred to as foreign intelligence) are hereby established and promulgated. l. Purpose This directive establishes certain common controls and procedures for the use and dissemination of foreign intelligence to ensure that, while facilitating the interchange of information for intelligence purposes, there will be adequate protection of forcign intelligence sources and methods. This directive restates applicable portions of National Security Council Directive of 17 May 1972 implementing Executive Order 11652, and prescribes additional ~ - controls applicable to the US foreign intelligence mission. The 7 policy on release of foreign intelligence to contractors is set forth .in the Attachment. 2. Applicability. The controls and procedures set forth in this directive shall be uniformly applied within the Executive Branch of_the Government 1. This directive supersédes DCID No. 1/7, effective 5 October 1975. 2. For purposes of this directive, "related material" includes; information describing US foreign intelligence sources and methods, equipment and methodology unique to the acquisition or exploitation of foreign intelligence, foreign military hardware obtained for exploitation, and photography or recordings resulting from US foreign intelligence collection efforts. ;
to, 7 . 3 DCID No. 1/7 in the handling of all materials containing foreign intelligence originated by Intelligence Community organizations as defined by Section 2(b) of Executive Order 11905. 3. National Security Council Directive a. National Security Council Directive of 17 May 1972 implementing Executive Order 11652 stipulates that, except - as otherwise provided by Section 102 of the National Security Act of 1947, classified information or material originating in one department shall not be disseminated outside any other department to whch it has been made available without the consent of the originating department. This restriction’on dissemination is commonly described as the “third agency rule. . b. The NSC Directive stipulates that the dissemination : ; of classified information, including intelligence and . intelligence information, orally, in writing or by any other means, shall be limited to those persons whose (- official duties or contractual obligations require knowledge or possession thereof. This is commonly referred to as - the 'need-to-know" principle. ¢. The NSC Directive also states that documents or portions of documents containing TOP SECRET information shall not be reproduced without the consent of the originating office. All other classified material shall be reproduced Sparingly and any stated prohibition against reproduction shall be strictly adhered to. d. The NSC Directive further requires that the marking, "WARNING NOTICE-SENSITIVE INTELLIGENCE SOURCES AND METHODS INVOLVED," be prominently displayed on all information and materials relating to sensitive intelligence sources and methods; and, that materials so marked will not be disseminated in any manner outside authorized channels without the permission om an oes ue . . ~ ese om aay ASI ‘3 ee 4%
we ow on I “A [ eee: Med me . —~ s aT " i Te td vey I : “DCID No. 1/7 of the originating department and an assessment by the senior intelligence official in the disseminating department as to the potential risk to the national security and to the .intelligence sources and methods involved.” For special * purposes, primarily bibliographic notation, communications, or automatic data processing, this marking may be abbreviated WNINTEL. : 4, Advance authorization a. To facilitate the dissemination and different uses made of classified foreign intelligence within and among Intelligerice Community organizations and to assure the timely provision of intelligence to consumers and to handle the volume of such materials in a practical way, it is necessary to provide controlled relief to the "third agency rule" within the Intelligence Community in addition to that provided by Section 102 of the National Security Act of 1947. Accordingly, Intelligence Community organizations have been given advance authorization to use each other's classified foreign intelligence in their respective intelligence documents, publications or other information mediz, and to disseminate their products to third agencies or breign : governments, ~ subject to limitations and procedures prescribed in this directive. Unless otherwise specified by the Director of Central Intelligence in consultation with the National F oreign Intelligence Board or as agreed to between originating and recipient agencies, authorized - channels include Intelligence Community organizations and within each organization (including their contractors and consultants) as determined by the recipient senior intelligence official. ‘Excepting RESTRICTED DATA and formerly RESTRICTED DATA, which is prohibited from foreign dissemination under Sections 123 and 144 of Public Law 585, Atomic Energy Act of 1954, as amended,
af 5. \ DCID No. 1/7 b. Classified.foreign intelligence documents, even though they bear no control markings, will not be released in their original form to third agencies or foreign govern- - ments without permission of the originator. Information contained in classified foreign intelligence documents of another organization may be extracted or paraphrased and used by the recipient Intelligence Community organization in classified foreign intelligence reports and released to third agencies, except as specifically restricted by control markings prescribed in this directive. For purposes of this authorization, ‘WARNING NOTICE-SENSITIVE INTELLIGENCE SOURCES AND METHODS INVOLVED" shall not be considered a restrictive marking. c.° Information contained in classified foreign intelligence documents of another organization not bearing any control markings may be extracted or paraphrased and used by the recipient Intelligence Community organization in reports disseminated to foreign governments provided: (1) No reference is made to the source documents upon which the released product is based. (2) The source and manner of acquisition of the information are not revealed. (3) Foreign release is made through established foreign disclosure channels and procedures.” © -"'7 d. Any organization disseminating foreign intelligence beyond the organizations of the Intelligence Community shall be responsible for ensuring that recipient organizations understand and agree to observe the restrictions prescribed by this directive and maintain adequate safeguards. See Footnote 4, paragraph 4a.
Cy (Th: ee 1 (= Cl [! ; DCID No. 1/7 e. No release of a classified foreign intelligence document, whether or not bearing a control’marking, shall be made to foreign nationals and immigrant aliens, including US Government employed, utilized or integrated foreign nationals and immigrant aliens, without the permission of the originating agency. 5. Additional authorized control markings a. In addition to the WARNING NOTICE prescribed by NSC Directive any of the following additional markings may be used on foreign intelligence whenever, in the Opinion of the originating organization, extraordinary circumstances related to the intelligence source or method require more specific dissemination restrictions. Use of these markings shall be limited to foreign intelligence, the disclosure of which, could: compromise the status of collaborating foreign governments or officials -or otherwise seriously damage US relations with foreign governments; subject US citizens or others to the possibility of personal danger or incarceration; seriously impair the continuing cooperation of private individuals providing foreign - intelligence; seriously affect the continuing viability of vital technical collection programs; or, result in the possible compromise or loss of some unique foreign "intelligence source or method. These control markings will be individually assigned at the time of preparation of the completed document and used in conjunction with classification and other markings required by Executive _ Order 11652 and the implementing NSC Directive and, unless otherwise indicated in 6a below, carried forward to any new format in which that information is incorporated, including oral and visual presentations. (1) "DISSEMINATION AND EXTRACTION OF INFORMATION CONTROLLED BY ORIGINATOR" This marking shall be used when unique source sensitivity factors, known to the originator, require strict compliance with third agency rule procecures, in addition to a continuing knowledge and supervision
\ a DCID No. 1/7 on the part of the originator as to the extent te which the original document and information contained therein. is disseminated, Documents and information bearing this marking will not be disseminated beyond the Headquarters elements of the recipient organizations and the information contained therein shall not be extracted and incorporated into other reports without . the permission of and under conditions prescribed by the originator. (For special purposes, primarily bibliographic notation, communications and automatic data processing, this marking may be abbreviated ORCON.) (2) “"NFIB DEPARTMENTS ONLY" ” Foreign intelligence so marked will not be disseminated to organizations not represented on the National Foreign Intelligence Boerd without the permission of the originating agency. Within each Nationel Foreign Intelligence Board organization _- dissemination shall be as determined by the recipient senior intelligence official, and mzy include organization contractors and consultants unless specifically prohibited by addition of the "NOT RELEASABLE TO CONTRACTORS OR CONTRACTOR/CONSULTANTS" marking described below. (For special purposes, primarily bibliographic notation, communications and automatic data processing, this marking may be abbreviated NFEIBONLY, (3) "NOT RELEASABLE TO CONTRACTORS OR CONTRACTOR/CONSULTANTS" = Syren Foreign intelligence so marked shall not be disseminated to contractors or contractor consultants without the permission of the originating agency. Examples of when this marking may be used include National Intelligence Estimates and similar national intelligence reports, and other foreign intelligence, which, if dissemimted to consultants or contractors, might seriously impair the continuing coopefation of contributing private individuals. This restriction
<> een ae @ee or rhe Saker rier tee Bene BP | 6 8 mam eee (= 4 hao ewe Ul I ™ Y e oor rear’ tan: tT ~DCID No. 1/7 shall not apply to those consultants hired under Civil Service Commission procedures, or comparable procedures derived from authorities vested in heads of organizations by law, and who are normally considered an extension of the office by which they are employed. In applying this control marking, originators will give consideration to the need of Intelligence Community organizations to use contractor consultants and contractors to perform services which cannot be adequately performed by US Government personnel. (For special purposes, primarily biblio- graphic notation, communications, or automatic data processing, this marking may be abbreviated NOCONTRACT. ) St ” (4) "“CAUTION--PROPRIETARY INFORMATION INVOLVED" . This marking will be used in conjunction with foreign intelligence obtained from various sources. in the US private business sector, and as the information may bear upon proprietary interests of the source, or may otherwise be used to the source's detriment. Recipients of reports bearing this marking shall take every reasonable precaution to ensure that the . information is not used to the detriment of the source. This marking may be used in conjunction with the "NOT RELEASABLE TO CONTRACTORS OR CONSULTANTS" marking described above. (For _ special purposes, primarily bibliographic notation, communications and automatic data processing, this marking may be abbreviated PROFIN.) (5). "NOT RELEASABLE TO FOREIGN NATIONALS" Foreign intelligence so marked involves special considerations requiring that it not be released in any form to foreign governments, foreign nationals or non-US citizens without the permission of the originating cos pet LEIA FIC te
fren engrenman tame a ceceteme med . a - DCID No. i/? agency. Examples of when this control marking may be used include: the possible compromise of the status of relations with collaborating foreign governments, or officials; or jeopardizing the continuing viability of vital technical collection programs. (For special purposes, primarily bibliographic notation, communica- tions, or automatic data processing, this marking may be abbreviated NOFORN.) When the originating agency predetermines that information can be released toa specified foreign government(s),the following marking may be used: "THIS INFORMATION HAS BEEN AUTHORIZED FOR RELEASE TO (specified country(s)). (For special purposes, primarily bibliographic notation, communications, or automatic data processing, this marking may be abbreviated "REL (specified countries)"’). 6. Procedures governing use of cortrol markings a. Any recipient desiring to use foreign intelligence in a manner contrary to the restrictions established by the control markings set forth above shall obtain the permission of the originating agency. Such permission applies only to the specific purpose agreed to by the originator and does not automatically apply to all recipients of the information as originally disseminated unless the originating agency removes the control markings for the benefit of the recipients, In~ those cases where dissemination outside the recipient agency is desired utilizing lesser or no control markings, the recipient agency should prepare a sanitized vei sion which may be released with the originator's permission, b. Control markings authorized in paragraphs 3d and 5 above, shall be displayed prominently on documents, - incorporated in the text of communication messages, and associated with data stored or processed in automatic data processing systerms. Unless the entire document justifies -the protection of the control marking(s), each portion requiring the marking(s) shall, to the extent feasible, be marked with the appropriate marking abbreviation authorized by this directive. .
“ 0 memes ay pee eg FONE! Re, eee cemee oe: Madh GUNyTIt pnteionemey ehicgescs.9  « beytntenyennyen apeemyyoemmannnnen . e (° r" i. are Dicae ——, t- U " DCID No. 1/7 c. The standardized restrictions and control markings set forth in this directive are to be employed uniformly by * all organizations in the Intelligence Community, thereby assuring like control and restrictions on the use of foreign intelligence disseminated within the organizations represented on the National Foreign Intelligence Board. d. The substance of this directive shall be published in appropriate regulatory or notice media of each organization, together with appropriate procedures permitting rapid inter - agency consultation concerning utilization of intelligence and information. For this purpose, each Intelligence Community organization will designate a primary referent. 7. Report of unauthorized disclosure -_ . Violations of the foregoing restrictions and control markings that result in unauthorized disclosure by one agency of the foreign intelligence of another shall be reported to the Director of Central Intelligence through the DCI Security Committee. : 8. Prior restrictions and markings . Questions with respect to the current application of control markings authorized by earlier directives on the dissemination and control of intelligence and utilized on documents issued prior to the date of this directive should be referred to the originating agency. These markings are: WARNING NOTICE-SENSITIVE SOURCES AND METHODS INVOLVED, CONTROLLED DISSEM, NSC PARTICIPATING AGENCIES ONLY, INTEL COMPONENTS ONLY, LIMITED, CONTINUED CONTROL, NO DISSEM ABROAD, BACKGROUND USE ONLY and NO FOREIGN DISSEM., George Bush Director of Central Intelligence 9 . . t F rs Hf ¢
————————~~Orrerreeeee ar) . ° DCIONo. 1/7 DIRECTOR OF CENTRAL INTELLIGENCE DIRECTIVE NO. 1/7 . e .: i3 ts ° — . a (Attachment) bs 0 L: ” DCI POLICY ON RELEASE OF - FOREIGN INTELLIGENCE TO CONTRACTORS’ fa 1. In order that the Intelligence Community agencies may more effectively ss discharge their responsibilities and without intent to limit such broader authority - - or responsibility a3 any may now have under law, NSC Directive, or special agreements among them, selected intelligence? may be made available by recipient officials of the Intelligence Community agencies or their designated - - subordinates to certain contractors without referral to the originating agency, ; ‘provided that: . a. Release? shall be limited to private individuals (including con- ome fe sultants) or organizations certified by the Senior Inteilizence Office of the — - sponsoring Intelligence Community agency as being under contract to the = . 1"Ceneral policy is set forth in DCID No, 1/7, ‘Control of Dissemination of Foreign intel- ligence, effective 18 May 1976, In accordance with paragraph 5a(3) of DCID 1/7, the Intelligence Community agencies agree that Covernment-owned, contractor-operated laboratozies performing classified services in support of the intelligence — mission of the Enerzy Research and Development Administration, which are designated authorized channels by the ERDA Senior Intelligence ‘Officer, aze not considered coatractors for the purposes of this policy statement.” “ on "5 2 This Directive deals solely with foreign intelligence, which for purposes of this Directive, is defined as information reports and intelligence produced and disseminated by CIA, INR/ State, DIA, NSA, ACSI/Army, Naval Intelligence Command, ACSI/Air Force, ERDA and r- the military commands. This specifically excludes Foreign Service reporting and Sensitive a Compartmented Information® (SCI). Permission to release Foreign Service reporting must be ° . obtained from the Department of State, and permission to release SCI must be obtained from - its originator. SCI is covered specifically by paragraph 3 of this Directive, in that it bears one or more codewords or sgecial instructions which dictate handling in special ‘dissemination . channels. *The term “Sensitive Compartmented Information” as used in this Directive is intended os to include all information and materials bearing special community controls indicating restricted “A handling within present and future community intellicence collection programs and their - end products for which community systems of compartmentation wave been or will be formaily established. The term Coes not include Restricted Data as defined in Section H, Public Law 585, Atomic Energy Act of 195-4, as amended. _— 3 Release is the visual, oral or physical disclosure of classified intelligence material.
-N\ Uf -  *DCID No. 1/7 United States Government for the purpose of performing classified services. in support of the mission of a member agency, his department or service, as having a need-to-know, and as possessing the required security clearances. b. The responsibility for ensuring that rcleases to contractors are made pursuant to this policy statement shall rest with the Senior Intelligence Officer of the sponsoring member agency (i-e., the chief of the intelligence component seeking release on his own behalf or on behalf of a component within his department or service) or his designee.® c. The agency releasing the intelligence material shall maintain 2 record : of the material released and shall upon request report such releases to the originating agency. d. Intelligence material released to a contractor does not become the property of the contractor and can be withdrawn from him at any time. Upon completion of the contract, the releasing agency shall assure that all ‘intelligence materials released under authority of this agreement and all other materials of any kind incorporating data from such intelligence materials are returned to the releasing agency for final disposition. e. Contractors receiving intelligence material will not release the ma- ‘terial (1) to any activity or individual of the contractor's organization not directly engaged in providing services under the contract, nor (2) to another contractor (including a subcontractor), government agency, private indi- vidual or organization without the consent of the releasing agency (which shall verify that the second contractor has a need-to-know and meets security requirements). f. Contractors will ensure that intelligence material will not be released to foreign nationals whether or not they are also consultants, US contractors or employees of contractors, and regard!ess of the level of their security clearance, except with the specific permission of the originating agency. g. Contractors shall be required to maintain such records as will permit them to furnish, on demand, the names of individuals who have had access to intelligence materials in their custody. h. Contractors may not reproduce any material released without the express permission of the agency having contractual, responsibilities. Ail requirements for control and accountability for. original documents as indi- cated above.shall apply equally tc copies made. - 4Non-Intelligence Community Covernment components under contract to fulfill an intelligence support role, may be treated as members of the Intelligence Community rather than as contractors. When so treated, it shall be solely for the specific purposes agreed upon, and shall in no case include authority to disse:ninate further intelligence aiaterial made available to them. 5 Releasing agencies are required to delete: a) the CIA seal, b) the phrase “Directcrate of Operations,” c) the place acquired, d) the ficld number and ¢) the source description from all CIA Directorate of Operations reports passed to contractors, unless pzior approval to release such information is obtained from CLA. 2 gm wees mee @& Qo =
e ~ Lc ur soy hes [ . E. + I" ia i: I ° ear 2. The following intelligence materials shall not be released to contractors: National Intelligence Estimates (NIEs), Special National Intelligence Estimates (SNIEs), National Intelligence Analytical Memoranda and Inter- agency Intelligence Memoranda are not releasable and hence shall bear the NOT RELEASABLE TO CONTRACTORS OR CONTRACTOR/CON- SULTANTS stamp. However, information contained therein may be made -available, without identification as national intelligence, over the byline of the Senicr Intelligence Officer of the Intelligence Community agency authorizing its release. 3. The following intelligence materials shall not be released to contractors unless special permission has been obtained from the originator: Materials which by reason of sensitivity of content bear special markings, such as NOT RELEASABLE TO CONTRACTORS OR CONTRACTOR/ CONSULTANTS or CAUTION—PROPRIETARY INFORMATION IN- VOLVED contained in DCID 1/7 (effective 18 May 1976) or which are marked for handling in special dissemination channels. . 4, Questions concerning the implementation of this policy and these pro- cedures shall be referred for appropriate action to the Security Committee.