Transcript of 104-10332-10022.pdf

================================================== Page 1 ================================================== Aaaac T 00710332310022 2025 RELEASE UNDER THE PRESIDENT JOHN F_ KENNEDY ASSASSINATION RECORDS ACT OF 1992 p 2 2 ft0.' ER 96-0455/8 ~Assassination Records Review Board 3 600 E Street NW Znd Floor Washington, DC 20530. (2021.724-0088. Fax: (202) 724-0457 November 27, 1996 VAFACSMMLE The Honorable John M:: Deutch CiA Kcs N2 CbCTIONT Director of Central Intelligence D:u 'UrMATION The Central: Intelligence Agency Washington; DC 20505 NTXSD Re: The Central Intelligence Agency's Compliance with the JFK Assassination Records Collection Act_44 LSC_62107 Dear Mr: Deutch: Since 1994_the Assassination Records Review Board ("Review Board") has been working with a number of Federal agencies,including the Central Intelligence Agency, to locate and publicly release records related to the assassination of President Kennedy: These actions have been taken pursuant to The President Joln F Kennedy Assassination Records Collection Act of 1992,44 U.SC $ 2107 (Supp: V 1994) ("JFK Act") We have been working with Mr: John Pereira, Chief, Historical Review Group and Mr: Barry Harrelson, Senior Review Officer, Historical Review of CIA and have appreciated the cooperation we have received. The purpose of this letter is to request your agency's cooperation in assisting the Review Board in discharging its responsibility ofassuring Congress and the American that the of the JFK Act have been accomplished to the greatest reasonable extent: We want to assure the American people that the United States Government has identified, located, and released all records relating to the assassination of President Kennedy. Indeed, one of the paramount purposes of the JFK Act is to certify to the public that the United States Government is not withholding relevant materials related to the assassination See, e-g+, Assassination Materials Disclosure Act, H R No. 102- 625, Part 1, 102d 2d Sess: (1992) ("The Federal Government s failure to release official materials has contributed to numerous conspiracy theories and fueled charges of government complicity in the assassination a salutary purpose is served in opening these files [relating to the JFK assassination ] to allay the suspicion of government cover-up.") Boaro Memeers: John R_ Tunheim, Chair Henry F Graff Kermit L. Hall William L_ Joyce Anna K. Nelson Executive Dtrector: David G. Marwell 3 Rev (E w 0 0 Group people goals Rep: Cong: ================================================== Page 2 ================================================== 13-090Q0 The Honorable John M Deutch November 27, 1996 Page 2 The Review Board has recently considered how it, along with the relevant federal agencies, can best demonstrate to the American public that a thorough; good faith, and diligent effort has been made to locate and release all remaining assassination-related records within the control of the United States Government (and that the Government is not hiding any such materials from disclosure) Pursuant to the Congressional II mandate under the JFK Act to 'create an enforceable; independent, and accountable 1I process for the disclosure of such records; 44 U.SC. 8 2107(2)(a)(3), the Review Board seeks to have the relevant federal agencies provide a complete and specific accounting of: their efforts to locate and release assassination-related records, including a full explanation for any destruction of such records Accordingly, the Review Board requests that each relevant agency adhere to the formal compliance program (hereinafter "JFK Act Compliance Program") outlined below and devised by the Review Board pursuant to its powers under Section 76)(1)(A), (B) (C), (D), and (F) of the JFK Act: We hereby request that you undertake the following measures by the dates provided (these dates were set in view of the fact that the Review Board's operations currently are scheduled to expire on September 30,1997): 1 Designation of Agency Compliance Official(or officials)and statement of intent_tocomply with theIEKAct: We request that by December 9, 1996, your agency designate an Agency Compliance Official who ultimately will be responsible for ensuring that the agency has complied with its obligations under the JFK Act; including the identification, location; and organization of assassination records and the transmission of those records to the National Archives and Records Administration ("National Archives"): Although the Review Board assumes that Mr: John Pereira or Mr: Barry Harrelson will serve in this position, we nevertheless await your formal confirmation. If necessary, your agency may designate additional persons with knowledge of the measures that have been undertaken to locate assassination records. We also request that by December 9, 1996, the agency convey its agreement to adhere to the compliance procedures outlined in this letter: To the extent that any compliance procedure described below appears to be unreasonable or to present difficulties that we may not have anticipated, please explain why and make alternate suggestions to us. 2 Initial Statement_of_Compliance: We request that the Agency Compliance Official prepare, January 6, 1997, an initial written statement of the public public by ================================================== Page 3 ================================================== 13-0Q0p0 The Honorable John M Deutch November 27, 1996 Page 3 agency' $ compliance with" the JFK Act ("Statement of Compliance") , setting forth the steps that the agency has taken to locate and process assassination records The Review Board recognizes that many of the relevant federal agencies, including the Central Intelligence Agency, have previously written letters to the Review Board apprising it of their progress at various stages of identifying and processing assassinationiv records under the JFK Act: The Statement of Compliance; while it may include information previously reported to the Board, is to be the agencys comprehensive and final report to the American public ofwhatit has done to locate records relating to the assassination: This Statement of Compliance shall include, to the fullest reasonable extent; the-following information: a A complete description of all steps that your agency took to identify and locate assassination records including; but not limited to, an identification of the major record collections and files that were consulted in the agency's search, any departmental file indices consulted; the names and titles of the persons who were responsible for conducting the searches , the physical locations of the records that were searched, the off-site storage facilities Federal Records Centers) searched, the specific steps that were taken to locate and retrieve materials in archives, and any other criteria used by the agency to locate assassination records; b A description of the steps that the agency took in direct response to requests of the Review Board to locate certain additional records Or information relating to the assassination In particular, we ask that the CIA describe what specific steps it has taken to address the following requests: CIA-9,Publications and Analytical Materials (See David G. Marwell letter dated March 6,1996 to Mr: John Pereira); CIA-11, Silvia Duran's Original Statement (See David G. Marwell letter dated May 3, 1996 to Mr: John Pereira); CIA-12, JMWAVE Materials (See David G Marwell letter dated May 22, 1996 to Mr: John Pereira); for HTLINGUAL records (See T: Jeremy Gunn Memorandum dated October 1, 1996 to Mi. Barry Harrelson); and for Monthly Operational Reports on Cuban Exile Groups (See Manuel E. Legaspi Memorandum dated October 17, 1996 to Mr: Barry Harrelson): (exg" specific ================================================== Page 4 ================================================== 13-00000: The Honorable John M. Deutch November 27 , 1996 Page 4 To the extent that any assassination-related records have been destroyed by the agency or any agency official, a full and specific explanation of the circumstances surrounding the destruction of such records: d. The status of remaining work that you can now identify that needs to be completed by your agency in order to comply fully with the JFK Act, including an identification of the categories of records that must be processed and transmitted to the National Archives, a description of any additional searches for files that mustbe done, and the 'projected date(s) for completion of these tasks 3 Review Bqard Interview _With Agency Compliance Official lor Officials): Shortly after the submission of the agency's written Statement of Compliance, we ask that the Agency Compliance Official (as well as any persons who helped prepare the agency's initial Statement of Compliance) be made available to the Review Board for an interview regarding the location of agency assassination records The interview will be used as an Opportunity to resolve any outstanding questions regarding the agency' s search, including any follow-up tasks to be completed by the agency. The Review-Board anticipates that these interviews will be conducted in January 1997. 4 Submission of Einal Agency Declaration of Compliance; By July 1, 1997 , Federal agencies are expected to complete the process of identification location, and declassification of its assassination records at which time they should submit to the Review Board a final declaration certifying, under oath, their compliance with the provisions of the JFK Act (the "Final Declaration of Compliance") Because of the volume of CLA records, such a Ii 'final" statement may not be practicable at that time However, we do expect that CIA will provide a complete status appraisal by July 1, 1997. This final declaration shall set forth all of the information initially set forth in the initial Statement of Compliance and shall also supplement the initial Statement of Compliance by detailing any further steps-that were conducted by the agency in identifying and assassination records: The agencies' Final Declarations of Compliance will be included in our final report to Congress locating ================================================== Page 5 ================================================== 13-0000 The Honorable John M Deutch November 27 1996 Page 5 5. Compliance_Depositions Starting on or about August 1,1997, the Review Board, pursuant to its statutory authority, may conduct depositions, under oath, of the Agency Compliance Official along with any other agency officials with responsibility for complying with the JFK Act The decision to take a compliance deposition of an agency will be made on a case by case basis, taking into account the importance of the agency to the work of theJFK Act and the sufficiency of the agency' s efforts t0 account fully for its compliance with the JFK Act:: In the event that the Review Board decides t0 commence a compliance deposition of an agency, the responsible agency designee(s) will be expected to testify under oath with respect to any and all issues relating to the agencys record including the scope of the search, the identity of files searched; the destruction of any relevant records, and any other matters set forth in the Final Declaration of Compliance Any person obligated to appear for a deposition under oath shall be fully entitled to obtain legal representation We look forward to receiving your initial response, by December 9, that designates your Agency Compliance Official and includes your statement regarding your position with respect to the provisions outlined in this letter To the extent that you have any questions or suggestions regarding the Compliance Program, please do not hesitate to contact our General Counsel; T: Jeremy Gunn, at (202) 724-0088. Thank you for your cooperation with our work Sincerely, David G Marwell Executive Director CC: The Honorable Nora Slatkin, Executive Director; Central Intelligence Agency Michael ONeil, General Counsel, Central Intelligence Agency John Pereira, Chiel; Historical Review Group, Central Intelligence Agency Barry Harrelson, Senior Review Officer, Historical Review Group, Central Intelligence Agency search; ================================================== Page 6 ================================================== 13-00000 DEC 09 '96 03:17FM P.2/a CENTAAAL INTELLIGENCE AGENCY WASHINGTON; DC. 20505 General Counsel 9 December 1996 David G_ Marwell Executive Drector Agsagginacion Records Review Boara 600 F Street N.W_ 2nd Floor Washington D.C. 36530 Dear Mr _ Marwell: The Director Of Central Intelllgence has forwarded to me Your 27 November 1996 letter for regponse _ I comena che efforts Of the Review Board and itB ataff in reviewing and releasing hundreds Of thougands Of Unlted Scatee Govexnment documents for greater public underetanding about the aagabgination Of President Kennedy I aleo confir the Central Intelligence Agency 8 commitment to continue working closely with the Review Board in Carrying out ite stacucory authorities With regard to the requests made in your letter, I underetana the Review Board' 9 desire to demongtrate to the public that it has carried out ite duties choroughly and ailigently- You have requebted that CIA appolnt an Agency Compiiance Official to be regponsible for enguring CIA' 8 compliance with its obligations under the JFK Act_ The DCI hag full confidence in M _ John Pereira a8 ChieE Of the Higtorical Review Group (HRG) and hag determined that Mr. Pereira will continue to act as the CIA official reeponsible for ensuring full compl iance with the JFK Act ana will remain the Agency_ 8 focal point with the Review Boara_ You have also requested that CIA provide an Initial Statenent Of Compliance_ Mr - Pereira and Mr . Barry Harrelgon , the benior review officer for HRG ag well ag the rest Of the HRG Btaff have alwaye been available to you without restriction The Review Boara and your stafe have been provided accebe to any relevant documenta or information You have requebtea. Ag you know the Review Board was fully informed a8 to the steps CIA took to degignate Agency recordg a8 part Of the President Kennedy collection. HRG has algo arrangea for multiple briefings by 8enior CIA Officials Erom a wide variety Of CIA component8 80 that the Review Board can better understand the information it i8 reviewing Given the current effective relationship between HRG and your Btaff, should you require additional absurances of this Agency' 9 compliance with che JFR Act , I Buggest that you contact Meggrs Pereira and ================================================== Page 7 ================================================== 13-Q000 DEC 09 '96 03*17PM P.34 David G_ Marwell Harrelgon directly - Ag ubual they will provide you with the gpecific information YOu need as quickly as poebible to continue to record CIA 8 compliance with the JFR Act . Ag to your request for a complete, deecription Of the bteps CIA hag caken to reepopa to specific requests_ I understand that there are Beveral outetanding requegte HRG hag ageurea me that thege requesce bave been dLgcussea with Your gtafe and reaponaeg will be provided to you ag guickly ag pobbible_ Given the nunber and breadth Of the requeete that are being nade by the Revlew Boara ana the limited gtaff rebources available to CIA to procegs guch requeets , I aak that the Revlew Boara 'continue Co prioricize all itg requebte for inforwation Or' documente : wich the Review Board 1 3 priorities egtabliahed in chlg way , the Agency can tomeaeatellew work On thoge requests thac are mObt important Co the Board _ Of course a8 CIA rebponds to thege requests , HRG will provide any information the Review Board needs a8 to how the searches were conduccea. I believe that chib method will begt meec the needs of the Review Board and will allocate CIA 9 linited rebources in the Mobt efficient manner pogaible_ Finally, a8 to Your requeets to' interview CIA Officials reeponalble for thie Agency 0 compl iance with the JFK Act , Mr . Pereira has always been available to the Review Boara for informal discuagiong ag well as for glving Bworn testimony including depobitions _ CIA hag never objected to the Review Boara deposing Or interviewing Informally any Of its Current Or former employees and has in fact _ facilitatea Buch interviewe You will albo recail that, on 6 Augubt 1996 , Megare _ Pereira and Harrelgon gave sworn testinony ac an open hearing Of the Review Board . I trust that this 'responda co the concerns raised in your letter_ Of course,- if you shoula have any queetions regarding this matter, pleage do not hesitate to contact GinaaC Clprian an attorney in the Office Of General Coungel _ at (703) 074-3124 _ With every good wigh, I am Sincerely yours VL;: & Neil 2 ================================================== Page 8 ================================================== 13-00000 DEC 09 '96 03:18PM P.4/4 Davia G Marwell DCI/OGC/LDAUCCipriznl/76124 (2 Dec 96) OGC-96-53203 Distribution: Original Addreagee DC/ID/oc GC C/ARG ECC Siqaer LDGO0021 OGC Registry 3 ================================================== Page 9 ================================================== 13-00000 04/16/97 WED 16 : 11 FAX 202 724 0457 ARRB 1@iuuz ATio Assassination Records Review Board 3 600 E Street NW 2nd Floor Washington: DC 20530 2 (202) 724-0088 Fax: (202) 724-0457 0 April 16, 1997 Mr: J, Barry Harrelson Historical Review Center for the Study of Intelligence Central Intelligence Agency Washington, DC, 02505 Re: Status of CLA Responses t0 Assassination Records Review Board' $ Compliance Progrm and Requests for Additional Information and Records Dear Iam writing to memorialize the Review Board's understanding of the status of CIA's responses t0 our formal and informal requests for additional information and records that have been requested pursuant to the Review Board's authority under Section 76)(1)C)(ii)of the President John F Kennedy Assassination Records Collection Act of 1992,44 USC. 8 2107 V1994) (FK Act): It is important that everyone at the Agency who is responsible for providing answers to Our requegts for additional information and records understand that the answers will need to be incorporated by reference into the Agency'& Final Compliance Statement; Essentially, CIA will need to attest, under oath, that it has made all reasonable and diligent searches and that its answers are true and correct to the extent of the best, reasonably available information. In this regard; is important t0 note that when the Review Board requests,for example, a 201 file, it is not asking that you identify relevant records within the Sequestered Collection Rather, it is asking to review the original 201 file In its current and most complete version IThe Review Board has no basis for assuming that:a 201 file as it appears in the Sequestered Collection today is necessarily complete It is fully possible that a relevant document was not identified by CIA or the HSCA in 1978-79 and therefore is not included in the Sequestered Collection, or that a relevant document that was initially in the Sequestered Collection in 1978-79 may have been misplaced at some during the gubsequent twenty years Therefore, in response to requests for files,it is not sufficient merely to to places where responsive records appear in the Collection. On a case-by-case basis, we are very willing to hear your explanations for the possible burdensomeness of any particular search Or your analysis of why a search Boaad Membeas; John R, Tunheim, Chair Hanry F Graff Kermit L_ Hall William L Joyce Anna K; Nelson Executive Directon: David G. Marwell 1 ) KIEW Group Barry: (Supp: Placed point point ================================================== Page 10 ================================================== 13-00000 04/16/97 WED 16:11 FAX 202 724 0457 ARRB 003 Mr: J. Barry Harrelgon April 16, 1997 Page 2 As we have written in Our formal requests and as we have said to you orally, you should interpret our requests in the broadest reasonable sense: However, to the extent that you believe that a request poses an unreasonable burden that we may not have anticipated, or to the extent that you have suggestions to modify O to amend our requests in such a way as to better reach our g0als, you should not hesitate t0 make suggestions or seek clarification: However, unless we specifically hear from you to the contrary, it is our presumption that CIA will respond fully to the requests as posed: In response to your request, the ARRB staff has now identified six of Our outstanding requests as high priority issues We would appreciate your forwarding to us as much responsive material as you are reasonably able to assemble during the upcoming two weeks with regard to these Six issues We wish to obtain a reasonably complete response to these requests within one month These Stx issues are identified in the text by double asterisks (*)? The remainder of this letter is divided into two parts involving first, the formal requests for information and records, and second, the informal requests for information and records: Please let me know ifyour understanding of any of the following _ differs from ours g0 that we can resolve any 'Potential discrepancies: 3 I Formal Requests: CIA-1 Organizational Material. CIA has collected information responsive t0 this Iequest for Review Board action The ARRB staff has identified records that it believes will enhance the will not be fruitful. identified more fully below , the six issues are: CIA-7 (Histories); CIA-16 (Oswald Pre-assassination files); personnel assigned t0 a designated post; QKENCHANT; the electronic take from the Mexico Station; and files on George Stanley Brown: 'This memorialization follows-uP, in large part, on your conversations of March 19 and 20, 1997 with Michelle Combs and on the DO and DS&T briefings to the ARRB staff on April 1, 1997 . points ?As" City ================================================== Page 11 ================================================== 13-00000 04/18/97 MED 16: 11 FAX 202 724 0457 ARRB 1004 Mr: J. Barry Harrelson April 16, 1997 Page 3 historical understanding the assassination by providing some background on CIA records: CIA should now review the DO and DSET organizational material and re-examine some of the proposed redactions Several documents have been cleared by the dlrectorate RROs for either release in full or release with minor redactions. The ARRB staff will consult with CLA t0 determnine whether these records ghould be designated 'assassination records" Or whether could be made available publicly in a manner similar to the material from the 1996 Boston trip. HRG would like t0 discuss this issue before the materials are formally put before the Review Board. CIA-2 through CLA-5. These requests have been satisfied and no further action is needed by CIA. "These are: DCI Organization of the Office of the Director 1963 ~Mission Statements for 1959,1962, 1965 and 1966 ~some Office of the Director notices ~OGC and IG Mission Statements for 1964,1966,1969,1975,and 1976 OLC Mission Statement for 1975 and 1976 DI Organization and Functions of the DIpre-1961 ~Organizational Charts for 1961,1964,and 1969 ~Mission Statements for 1961,1963,1964,1966, and 1970 DA ~Mission Statements 1957,1958,1960,1963, and 1974 ~Organizational Chart 1958, 1960, 1961,1962, 1964, and 1966 ~Office of Security Organizational Charts for 1956;1958,1962, 1963,1966, 1967, 1969, and 1975 ~Office of Security Mission Statements for 1958,1962, 1963,1966, 1969, and 1975. of they ================================================== Page 12 ================================================== 13-00000 04/16/97 WED 16: 12 FAX 202 724 0457 ARRB 005 Mr: J. Barry Harrelson April 16, 1997 Page 4 CIA-6 Cables and Dispatches: The Review Board first made this request on September 11, 1995. On September 11,1995,CIA agreed to make these materials available by December , 1995. On October 1, 1996,CIA agreed t0 make these materials available by November , 1996. We are aware that many of the cables requested are already in the JFK files, but not all are included Thoge that we have not been able to locate in the collection include; Mexico City Station t0 Headquarters (September 26-30, 1963); Headquarters t0 Mexico City Station (September 26-30, 1963); JMWAVE to_ Headquarters (September 26-November 21, 1963);Headquarters to JMWAVE (September 26-November 1963); and all traffic between theMexico Station and JMWAVE for the periods September 26-October 20, 1963 and November 22-December 30, 1963. MCIA-7 Histories: The Review Board first requested access t0 several intemal CIA histories and to indiceg of histories on November 8, 1995. On August 8,1996, after reviewing a list of histories that you provided, the ARRB staff degignated approximately gixty histories for which further review was sought To date, the ARRB staffhas reviewed the seven histories that CLA has made available and has made suggestions with respect to further processing of those Beven histories. CIA should make the remaining sixty-plus histories available: CLA-8 Intelligence Community Staff records: The Review Board first requested information on the Intelligence Community Staff on March 1,1996. On October 1, 1996, CLA agreed to report on the status of this request within two weeks The Review Board has not yet received any substantive response t0 this request: CIA-9 Intelligence Community publications on Cuba or USSR (November 20-30,1963). The LBJ Library has already identified several publications for mandatory 21, City ================================================== Page 13 ================================================== 13-00000 04/16/97 MED 16:12 FAX 202 724 0457 ARRB 0006 Mr J Barry Harrelson April 16, 1997 Page 5 review.5 Michelle Combs reviewed the materials and identifed s0me that should probably become available to the The DI has been tasked to locate the additional publications thathave been requested CIA-1O Interagency Source Register; CIA has provided a full description of the ISR, which should now be submitted as a formal response t0 the Review Board's request: Once the formal statement is provided, this tequest will be complete: (Under separate cover , the Review Board is sendingto you an additional request for information and records, CIA- 17 , which provides a list of names that we request you check against the Interagency Source Register ) CIA-11 Sylvia Duran materials. CIA reports that It has exhausted its reasonable leads for pursuing additional Information; CIA has agreed to provide a formal letter fof the record detailing what searches were done and confirming that the responsive document currently in the JFK collection is a true COPY of the original letter: Once this formal statement is provided, this request will be complete: CIA-12 MMWAVE and David Sanchez Morales On May 22, 1996, the Review Board requested access to "all 201 files, personnel filles, Office of Security flles, P-files, or any other files" relating t0 five persons allegedly connected t0 JMWAVE Itisour understanding that; in response t this request; several months ago CIA located and made available for Our review many records responsive t0 this request; However, it is also our understanding include: Intelligence Report (11/22/63; 11/23/63; 11/24/63; 11/26/63; 11/27 /63; 12/11/63; 12/13/63; 12/18/63; and 12/20/63), Intelligence Memorandum (11/23/63; 11/24/63; 11/25/63; 11/25/63; 4/20/64; and 10/16/64). President's Intelligence Checklist (11/23/63;11/24/63; 11/25/63;11/26/63; 11/27/63; 11/28/63; and 11/30/63). public SThey ================================================== Page 14 ================================================== 13-00000 04/16/97 WED 18 : 13 FAX 202 724 0457 ARRB @007 Mr: J Barry Harrelson April 16, 1997 Page 6 that all of the records provided were located in the Sequestered Collection. As stated in the second paragraph at the beginning of this letter, we seek to review the original files that we have requested: The DO provided no response and no time frame for a response CIA-13 Mexico Backchannel Communications: This request, dated November 1,1996, was raised at the DO follow-up briefing on Apri 1,1997. The DOprovided no response and no time frame for a response: CIA-14 Mexico Station Annual Reports. This request; dated December 23, 1996, was raised at the DO follow-UP briefing on Aprl 1, 1997. The DO provided no response and no time frame for a response CIA-15 Win Scott files identified in Russ Holmes Files CIA has completed its response and no further action is needed. #CLA-16 Oswald Pre-Assassination Files: The HRG reportedly received a lengthy answer from the Office of Security on the LHO files and a formal response to the Review Board's request is in process Oswald's Office of Security file has been located and will be delivered t0 HRG for review in April Access t0 other files will require a special request from HRG to the Office of Security and ghould be requested by HRG for ARRB staff review. I Informal Requests: All of the following informal requests have previously been made to CIA For future reference, will be referred t0 by the "Informal Request" (RR) number provided below. City City they ================================================== Page 15 ================================================== 13-00000 0iv16497 WED 16: 13 FAX 202 724 0457 ARRB 10o8 Mr: J Barry Harrelson April 16,1997 Page 7 #CIA-RR-01 Personnel assigned to post from 1959-64 (see RIF 104-10065-10199). This request, originally made in November 1996, was raised at the DO follow-up briefing on April 1, 1997. It is our understanding that the DO believes that it is not able to answer this request; The ARRB staff does not find DOs response to be credible We believe that with all of the resources at the Agency' s disposal including ready contact with individuals who should be able t0 answer this question from memory this question can be answered 6 The ARRB staff has provided suggestions as t0 hOw this information could be obtained, including suggesting the types of files and cables that could be searched. CIA-RR-02 Location of cable identified in JFK 1993.07,20.10.18.29.650630. The cable was delivered to the Review Board on March 20, 1997. No further action by CLA is needed. CIA-RR-03 Full computer search for list of documents in HTLINGUAL file CIA should undertake a computer run for all HTLINGUAL documents. AlI computer searches for these documents should be documented in a formal letter for the record: CIA-IR-04 Disposition of Angleton's files: The Review Board seeks to ensure that it has taken all reasonable steps t0 account for any files that James Jesus Angleton possessed or controlled that related to the assassination and to Lee Harvey Oswald Because of the perceived controversy surounding the disposition of Angleton's files, the Review Board believes it prudent to obtain a clear understanding of the types of fles that he maintained and their ultimate disposition: (The Review Board does not seek to explore any subjects in Angleton's files beyond those that may have pertained to the assassination ) Todate; CIA has made available certain documents provided by the CIC and the case files for Mangold v. CLA. The Review Board requests any additional information in the possession Of CLA that would explain the disposition of Angleton's files 'The ARRB staff has spoken with a retired CIA official who claims to be able to answer this question from memory, but who refused to do s0. ================================================== Page 16 ================================================== 13-00000 04/16/97 WED 16: 13 FAX 202 724 0457 ARRB 10og Mr: J, Barry Harrelson April 16, 1997 Page 8 CIA-IR-05 Possible foreign source for records on Oswald: CLA was informally requested, more than two years 2g0, t0 use its contacts to pursue certain records related to Oswald that were Orally described to CIA The Review Board believed that, for reasons of security classification of information, it would be appropriate for CIA t0 make the initial inquiries rather than the Review Board, Under separate cover , we are providing documentation of the action the Review Board has taken to further this request. #CIA-IR-06 QKENCHANT: The Review Board seeks information regarding the purpose of QKENCHANT and its connection with Shaw, Howard Hunt, and Monroe Sullivan: The Review Board was initially provided some information in regard to this request that now appears to be incorrect CIA is now seeking additional information t0 correct or t0 clarify its previous answers The Review Board seeks an immediate, full, and accurate response t0 this request. CIA-RR-0 Claude Barnes Capehart. The ARRB staff has reviewed all records that CIA has been able t0 locate to date: During the course of this review , additional questions were raised thatyou agreed t0 pursue: You also agreed t0 conduct additional searches to determine whether there may be additional retrievable records on Mr. Capehart: CIA-R-08 Unredacted coPY of the "Family Jewels" memoranda. HRG will locate this item: CIA-IR-09 George Bush computer search: The Review Board provided CIA with a copY of an FBI document, dated November 29, 1963, prepared under the name of John Edgar Hoover, which states: "The substance of thc foregoing information [on the assassination of President Kennedy] was orally furnished to Mr. George Bush of the Central Intelligence Agency We have been informed that the DOhas no record ofa Bush" being in the employ of CLA in 1963 with the exception of Mr: George William Bush who has already given a sworn affidavit thathe is not the Clay "George ================================================== Page 17 ================================================== 13-00000 04/16/97 WED 16 : 14 FAX 202 724 0457 ARRB 010 Mr: J Barry Harrelson April 16, 1997 Page 9 "George Bush" in question: CLA is now checking whether the search query included George Herbert Walker Bush prior t0 1970. CLA should determine whether George Herbert Walker Bush is the person to whom the memorandum refers and should provide a definitive statement regarding the scope of its search and the basis of its conclusion: CIA-IR-10 IG Reports: CIA will determine whether the IG' $ office maintains an index or inventory of its reports and determine whether the IG'$ office prepared a report on the handling of Oswald: CIA-R-11 Warren Commission critics: We are asking that CIA determine whether it possesses any files O records on Warren Commission critics Edward J Epstein, Josiah Thompson, Mark Lane, Harold Weisberg; or Sylvia Meagher: The Review Board is not requesting information per se regarding any FOLA requests by these individuals or any Public Affairs news dlippings: CIA-IR-12 Contacts with journalists Or publishing houses The Review Board seeks t0 determine t0 what extent, if any, CIA might have attempted t0 influence any journalists Or publishers regarding discussion of the asga8sination: This request, originaliy discussed in March 1997 , was raised at the DO follow-Up briefing on April 1,1997. The DOhad no response and no time frame for a response: CIA-R-13 Office Or person dealing with organized crime and Cuba: The Review Board requested that CIA make a particular personnel file available The file was made availableby CIA for review. The Review Board will discuss with-you whether any further need to be taken: TTo the extent that CIA possesses FOLA files or records on any of these individuals, and t0 the extent that those records contain information that was not filed with the courts, such records are 'requested for review by the Review Board public steps being ================================================== Page 18 ================================================== 13-00000 0N16/97 MED 18: 14 FAX 202 724 0457 ARRB 1]011 Mr: J. Barry Harrelson April 16, 1997 Page 10 CIA-R-14 Breckinridge files CIA (OGC) will determine the disposition of the files of Scott D Breckinridge: ~CIA-R-15 Electronic "take" from Mexlco Station: The Review Board has for some time been attempting t0 determine whether it has had access t0 all of CLA 's surveillance "take" from the Cuban and Soviet facilities in Mexico at the time of the Oswald visit and in the immediate wake of the assassination, On numerous occasions, the Review Board has asked whether there was any surveillance take in addition t0 what is currently in the collection: On March 18, 1997, the Review Board provided additional leads to CLA to assist it in answering these questions- The DOhas agreed t0 check Headquarters records for the file referenced in HMMW 12454, t0 search for the cryPts cted in this document,and to search for HMMA 20307 and other cables Or dispatches cited in this document: The DS&T will query its offices for possible records on Mexico and Cuba and for the present location of Staff D records. Regardless of the outcome of these particular searches, the Review Board continues to Beek a full accounting for all surveillance conducted during the relevant time periods. CIA-R-16 U-2 files: DS&T will provide a folder title print out of U-2 materials for Review Board examination, check for records filed under Richard Bissell's name, and search for OSP files. DSG Thas also contacted Lockheed for assistance: CIA-R-17 DS&T Records on Castro assassination HRG wil furnish the 1967 IG Report to provide possible search query suggestions for DSGT follow-up: CIA-IR-18 DOOffice The Review Board has requested orally information about a particular DO office: We understand that you are collecting the relevant information City City City plots: ================================================== Page 19 ================================================== 13-00000 04/16/97 MED 16:15 FAX 202 724 0457 ARRB 0012 Mr. J. Barry Harrelson April 16,1997 Page 11 CIA-R-19 Computer searches The Review Board has requested that full computer cearches be conducted on all of the following people and organizations The results of the searches should be documented Hif { JFHL 1. Spas Raikin ARRB awaits documentation: 2. Leo Cherne ARRB awaits documentation OP file starts in 1988. HRG is checking on a 201. NoOMS file 3. Hunter Leake ARRB awaits documentation HRG is checking for & DCD file: 4 Marilyn Dutz Murret ARRB awaits documentation 5. John McVickar ARRB awaits documentation No OP file: No OMS file: DO is checking 6. Anderson ARRB awaits documentation 7 . Byron B. Morton Jr: ARRB awaits documentation No OP file: No OMS file: 8. Marie Cheatham ARRB awaits documentation.. No OP file: No OMS file: 9. Paul Garbler ARRB awaits documentation: OP file: OMS file: HRG has requested personnel file 10. Verna Deane Brown ARRB awaits documentation No OP file: 11. George Stanley Brown ARRB awalts documentation: 12. Howard Guebler ARRB awaits documentation HRG will check for files- 13. Gordon Duane Novel ARRB awaits documentation; HRG will check for files- 14. Ed Butler ARRB awaits documentation HRG will check for files: 15. NCA (Information ARRB awaits documentation; HRG will check for files: Coundl of the Americas) 16. Permindex ARRB awaits documentation- HRG wiJl check for files- Andy ================================================== Page 20 ================================================== 13-000084/16/97 WED 16 : 15 FAX 202 724 0457 Ako Mr: J. Barry Harrelson April 16,1997 Page 12 Conclusion Please let me know ifyou have any 'supplements Or corrections. We would very much like t0 ensure that these mattets are handled expeditiously. As always, we appreciate your cooperation and assistance: Sincerely T. Jeremy Vnn General Coinsel &nd Associate Difector for Research and Analysis CC: Linda Ciprian Esq: ================================================== Page 21 ================================================== 13-00000 ~ SECRET Executive Order 8 October 1997 JFR Racordo RevLew Projeat (U) The following i8 intended a8 a guide for thoge people whoge work requiree them to revlew Agency documente and materiale that may be subject to the Pregident John R Kennedy Aggagbination Record8 Collection Act Of 1993 _ Some of the recorde within the: Agency' 0 JPK collectLon are agsag8ination gpecific, othere are ancillary_ deal with individuale and evente not directly linked with Ogwald or the a88a88ination; but they are thought to have had a relationghip to the ab8a88ination}or InvebtlgatLon Into the aggag8ination I _ The Agency' 8 JFK Collection. (U) The Agency' 0 JEK recorde collection 1o made up primarily Of recorde pulled together for the Warren Commiagion and Hoube Select Committee on Asgabeinatione (HSCA) There were (81) Recordg Center-Blzed boxeg in the original eigbfYeozeore OE thede, the fIret seventeen (17) made up the Oswald 201 file. The next eIxty- four (64) are referred to a8 the JFK filee" or Bequestered collection and break dow a8 followe : thirty-four (34) boxeg Of DO materiale; nine (9) boxe8 of Office Of Security files; fifteen (15) boxe8 Of OLC material8; two (2) boxeb each OE OGC and IG materiale; and one (1) box Of DDSCT documente . HSCA originated material, including note8 by HSCA etaff member8 , are_ found throughout the collection. Box 64 containg seventy two (72) reele of microfila. (0) The microfilm contain8 coplee % complete files to which the HSCA had acce88 during itb invebtigation _ In addition to the Oswald 201 file (12 reele) the microfilm includes : 201 fileg on Cubans AmerIcang_ and Soviece linked to Ogwald, the JFK a88as8ination Or the varioue invegtigations (approximately 26 reel8)and the Cuban Revolutionary Council and other exile group activitiee (approximately 13 reels) ; the personnel filee oE CIA Btaff employees (approximately 5 reels) ; and operational files on organizations_ projecte and other subject8 Of interebt to the HSCA investigation (approximately 16 reele) CL BY : 611637 CL REASON : I.s(a) DECL ON : Xl DRV FRM: LOC 3-82 ~SECRET = They ================================================== Page 22 ================================================== 13-00000 BCRET (U) Re continue to Identlfy other Collectiong of documente that properly belong within the JFK collection _ Thebe include 8 The Oewald Security Ffle; Agency working fflee generated by JFK ao8a881nation Inveetlgatlone and requeete; and CIA documente found by other agenciee and Pregidentlalz Librarieg and referred to CIA for review under the JFK Act _ II_ The Time Frame Of JFK Aggaggination Recorde (U) In general the time frame of JFK recorde commencee when Ogwald arrived at the OS atr base (the 0-2) at Ateugt Japan , in December 1957 and continuee through the end of the Garrison investigation in 1968 Note, however for information_whichie_clearly _related to the gtory Of the JFK agga88ination or it8 Inveetlgat one , 8 there J0 nottme_Erane limitation. Any document Or requeet that deale with the ab8a88ination_ Lee Harvey Oewala, or the varioug Conbpiracy theories Bhouia be referred to the HRG/JFK review project . III Topic8, Btc _ (U) Certain individuals, organizatton8 places , projecte; and 8ubject8 are central to the Oswala/JEK Btory and the ensuing Inveetigatione , which caube8 a number Of documente witb no mention Of Ogwald or the ageabeination to fall within the purview Of the JFK Act : Clearly' It 18 not possible to liet every category Of document which may have been reviewed and releaged under the JFK Agbaggination Recorda Act _ The Eollowing categories contain examples Of information that are congidered to be within the JFK review (U) A. JFK AegageinationInveet_gationg: Warren Commiegion, 1963-64 Jame8 Garrigon, New Orlean8 DA, 1966-68 Rockefeller Commiesion , 1975; Church Committee (Senate) * 1975-76 Hoube Select Committee On Agsagginationg (HSCA) 1976-79 JFK Assaggination, anti-Cagtro plots and CIA anti- Cuban operations only- B, Key_subiecte (S) Moscow Station, Mexico City station, JMWAVE Station, and CIA stations in those citie8 through which Oswald passed on hie way to and from the Soviet Union_ as they related to Oswald' s activities or to possible conspiracies SECRET > Rey ================================================== Page 23 ================================================== 13-00000 Gte SECRETr~~ (AIUO) CIA anti-Cuban operatione 1960-64 (Mongoo8e , etc.) ff_thex_involveJEK_figuree (8ee comment on Meagher 0 "index" below) ; mobt US anti-Caatro activitie8 in 1963 are coneidered relevant (U) Cuban exile anti-Caatro activitiee, leadere ana organizationg_ 1960-64 , if they involve JFK figureb. Caetro ab8a88ination activitieb (plang and attempte) ; no limit on time frame_ Mafia, if related to Cabtro, JFK_ or New Orlean8 during Oswald time frames (gee attached chronology) (AIOO)C;_Key_fiquree (the following individuale are considered JFK ag8a88ination-related, unleee the context io clearly unrelated Or outaide the appropriate time period) AMMUG,' Cuban defector; Maurice Bibhop, alleged to exist (any reference) ; Silvia Duran, employee in Cuban Euba8sy, Mexico City: @ichara Gibson_and the Free Cuba Coumittee; Howara Hunt _ CIA employee ; Priecilla MacMillan Johngon , journalist ; Valeriy Kogtikov _ KGB Officer In Mexlco city; Mr - & Mrb _ George de Mohrenechildt (all documenta) Yuri Nogenko and the diepute over hie bona Eidee; Michael and Ruth Paine_ 1 Dallas friends Of Oswalds ; David Phillip8 , CIA employee; Richard Snyder_ State Department Officer Rington Scott , COS Mexico City For a more comprehensive liot of subjects and individuale related to the JFK a8sasgination, reviewer8 should congult Sylvia, Meagher" 11 8 Magter Index to the JEK_Asgasgination Inveetigationg, The Scarecrow Pre88 , 1980 _ (U) Action Officer: Barry Harrelson (31825) Attachment: Oswald Chronology YSECRET_= ================================================== Page 24 ================================================== 13-00000 SECRET (U) Attachment : Ogwald Chronology , 1956-1963 ~Join8 Marines 10/26/56 ~Arrivee Atbugi (02 Bage) Japan 09/12/57 -Returne to US 21/02/58 ~Hardohip discharge 09[1/59 ~Departe New Orleans for Moscow 09/20/59 via LeHavre London , Helsinki ~Arrivee Mobcow 10/16[59 ~Regidee in Minsk 01/07/60 05/22/62 ~Departe MoBCOw via crain 06/02/62 ~Departe Rotterdam via bhip 06/04/62 ~Arrivee New York 06/13/62 ~Fort Worth/Dalla8 , Texa8 06/14/62 04/63 ~New Orleang 04[6 09/63 ~~Mexlco City 09/2s/0 10/03/63 ~Dalla8 1ol[63 1/24/63 ~SECRET ================================================== Page 25 ================================================== 13-00000 DRAFT [ ~ October 16, 1997 HAND-DELIVERED J. Barry Harrelson Senior Review Officer Historical Review Group Center for the Study of Intelligence Central Intelligence Agency Washington, DC. 02505 Re: Submission of CIA 's Initial Statement of Compliance Under the JFK Assassination Records Collection Act4AUSC8 2107 Dear In connection with the work of the CIA to locate and release records relating to President Kennedy's assassination pursuant to the President John F Kennedy Assassination Records Collection Act of 1992 ("JFK Act") please submit to the Review Board the CLA's initial formal report regarding its work As you know, the procedures for documenting the CIA's compliance with the JFK Act were set forth in the Review Board's November 27, 1996 letter to the CLA Director: These procedures entailed the submission of an intial report by the CIA, which we referred to as an Initial Statement of Compliance: This past Spring, we informally agreed to extend the time for submission of the Initial Compliance Statement pending ongoing work of the CIA under the JFK Act: To facilitate the completion of the CIA's work by September 1998, including the submission to Congress of a final report detailing the work accomplished by the CIA and other Federal agencies under the JFK Act, please submit the CIA's Initial Compliance Statement to the Review Board no Jater than November6 T997 <17 23- Barry: ================================================== Page 26 ================================================== 13-00000 Mr. J. Barry Harrelson October 16, 1997 Page 2 Thank you for your cooperation; Sincerely, T: Jeremy Gunn Executive Director: and General Counsel CC: (Linda Cipran} Esq: ================================================== Page 27 ================================================== 13-00000 DRAFT Ation 6 Assassination Records Review Board 600 E Street NW 2nd Floor Washington, DC 20530 (2021 724-0088 Fax: (202) 724-0457 CIA HASNOOBJECTIONTO DECUASSIRICATIONANDIR October 17,1997 RELEASEOFCIALNFORMATIOM IN TriS DOCUMENT Mr: John Pereyla Director Historical Review Group Center for the Study of Intelligence Central Intelligence Agency Washington; DC 20505 Re: Completion of Review of Assassination Records Dear John: The Assassination Records Review Board ("Review Board") has less than one year to complete its statutory responsibility of ensuring that all Federal records related to the assassination of President Kennedy are made publicly available at the National Archives and Records Administration ("NARA") Because of the importance to the Review Board of completing the review and release of Central Intelligence Agency records, [ am this opportunity to raise with You some of our concerns and to describe our Let me first reiterate our appreciation for the cooperation that we have received thus far from the Agency. We are very mindful of the enormous amount of work that has been accomplished thus far We very much hope to be able to report, at the completion of our work, that the Agency has complied with the letter and spirit of the JFK Act and that the Review Board is confident that all CLA assassination records have been fully processed and transferred to the National Archives Unfortunately, it is clear at this point that the pace of review of CIA records will need to increase significantly during this final year so that the Review Board and the CLA will be able to complete our responsibilities and that the Review Board can issue the type of report that we all ideally envision It is our to have all CIA assassination records reviewed and transferred to NARA by September 1, 1998. By "all" assassination records, I include the unredacted originals as well as containing Board-approved postponements (Iam excluding; therefore; duplicates of those records that have been transferred to NARA) The Review Board is prepared to take all necessary steps within its statutory authority to ensure that this work is accomplished: Board MemBERs: John R_ Tunheim, Chair Henry F Graff Kermit L. Hall William LS Joyce Anna K. Nelson Executive Director: David 6. Marwell STN 1 : 80 ^ R D VIE W taking goals: deep fully goal copies ================================================== Page 28 ================================================== 13-00000 Mr: John Pereira October 17, 1997 Page 2 The Review Board has promised Congress that this work will be completed by September 1998. The Review Board also is obligated to keep Congress informed, on a monthly basis, of the steps it has taken to ensure completion of this We now need to Congress informed of any difficulties that we are facing in the course of completing this work As you know, the JFK Act in many ways imposed difficult obligations. For it required the CIA (and other agencies) to complete its review and transfer of records to NARA within 300 days of the time the statute was enacted in 1993. Althoughthis statutory deadline was not met, we would like to make it as clear as we possibly can that we intend to ensure that the to review and transfer all assassination records to NARA is accomplished during the lifetime of the Review Board. We have raised with you previously our concerns about whether the Agency has allocated sufficient resources to complete its work on its assassination records by September 1,1998. In a meeting at CIA headquarters on October 16, 1996,CIA Executive Director Nora Slatkin promised members of the Review Board that the CIA would devote whatever resources are necessary to complete the task In order to ensure that this work is completed, the Review Board has developed a timetable for review of remaining CIA records The CIA's Historical Review Group suggests that refinement of the timetable is necessary, but has of yet offered no specific changes. In order to fulfill our responsibilities under theJFK Act and in Order to honor our pledge to Congress, we believe that the following steps are necessary: First, we need to establish a reasonable but strict schedule for the CIA's review and release of records. The CLA must devote all of the resources necessary to review the records under this schedule: Webelieve that the only way to ensure that the CIA's work is completed is to adhere to such a schedule: Second, if the CIA has not completed its scheduled review by the proposed deadline, the Review Board will require that all CIA records identified as assassination records under the JFK Act be transferred forthwith to the National Archives regardless of whether they have been reviewed or processed by the CIA pursuant to the Board's authority at 44 U.S.C. 8 2107.70)(B): goal: keep example, goal ================================================== Page 29 ================================================== 13-00000 Mr: John Pereira October 17,1997 Page 3 Third, the Board will presumptively vote to open in full all records that have not been reviewed in conformity with the schedule: We can assure you that we have no desire whatsoever to take steps two and three: However,at this point; we see no other method for satisfying Our obligation to ensure that the CLA 's assassination-related records are released by September 1998, unless the CIA agrees to schedule the review in a timely , consistent, methodical, and enforceable manner. Although you should not hesitate to contact us regarding any ideas you have for streamlining or improving the accomplishment of this task, there shouldbe no misunderstanding by the Agency regarding what we believe our to be and the steps that we are. prepared t0 take to ensure the fulfillment of our statutory obligations and our Promises to Congress It is our perception that if the Agency allocates additional resources to the accomplishment of this project, we all wil be able to accomplish the goals of the JK Act We therefore strongly urge the Agency to allocate now whatever resources are necessary to complete its review records in an orderly and systematic manner: To the extent that the Agency is able to meet the necessary deadlines, there will be no need for us to resort to the extreme ES but potentially necessary L measures to complete our obligations to Congress and the American people: Sincerely, T. Jeremy Gunn Executive Director Skwirot e: Wp-docs I ciastatu:wpd goal ================================================== Page 30 ================================================== 13-00000 AtioN Assassination Records Revilew Board 600 E Street NW 0 Znd Floor Washlngton; DC 20530 (202) 724--0088 Fax: (202) 724-0457 F 0 0 CAts Mocauectiun T0 October 30, 1997 ET4Z748 KURTIVD YA FACSMLE J Barry Harrelson Senor Review Officer Historical Review Group Center for the Study of Intelligence Central Intelligence Agengy Washington, DC, 02505 Re: Submission of CIA's Initial Statement of Compliance Under the JFK Assagsination Records Collection Act 44USC 6 2107 Dear Mr: Harrelson: Ihave been asked by Jeremy Gunn to take responsibility, along with Robert Skwirot and Michelle Combs, for handling the Review Board's Act Compliance Program with Iespect to the Central Intelligence Agency: Mr, Gunn has Informed me that you have agreed to provide us with the CIA's initial compliance statement (as it is described in our November 27, 1996 letter to the CLA) by the end of November 1997. . Thereafter, we can establish a reasonable time for the CIA toprepare and submit its Final Declaration of Compliance: TheCIA's Final Declaration will be submitted t0 Congress and the President Thank you for your cooperation Sincerely, TUxld %.Hal Ronald G. Haron Associate General Counsel Cc: Linda Cipriant} BoARO Membeas: John R: Tunhelm, Chair Henry F Graff Kermlt L: Hell Willibm L. Joyea Anne K, Nelson executive Directoa: David G. Marwoli 1 ) 3 8 8 View JFK Esq: ================================================== Page 31 ================================================== 13-00000 A TION 6 6 Assassination Records Review Board 0 4 600 E Street NW 2nd Floor 70 Washington, DC 20530 (202) 724-0088 Fax: (202) 724-0457 CA HAS NO OBJECTION TO DECLASSIFKCATKN AndOA February 11,1998 RELEASE CF THIS DOCUMENT AS SANITZED VIA FACSMMILE Mr: J. Barry Harrelson Senior Review Officer Historical Review Group Center for the Study of Intelligence Central Intelligence Agency Washington, D.C. 02505 Re: CIA Initial Compliance Statement To Be Submitted Under the JFK Assassination Records Collection Act_44 USC8 2107 _ Dear Mr: Harrelson: Thank you for submitting to the Review Board the CIA's December 11, 1997 DRAFT of its initial Statement of Compliance under the President John F Kennedy Assassination Records Collection Act ("JFK Act"). You submitted the draft to obtain the Review Board's initial comments We have made a preliminary review of the draft and offer the following comments The Statement is helpful in providing general background history regarding the measures undertaken by the CIA to assemble files relating to the assassination of President Kennedy: The Statement also gives a overview description of those files: At this time, we do not propose that you make any major changes that would delay the formal submission of the initial Compliance Statement to the Review Board i We note that the initial draft statement generally describes the records identified in response to specific Review Board requests. For the initial Compliance Statement, this will be sufficient: To the extent that additional records are later identified or requests completed, these can be included in the Final Declaration of Compliance: We also note that '[tJhe status, results and documentation of specific 11 [Review Board] requests" are more specifically addressed in separate memoranda being submitted to the Review Board, and this process is ongoing: These responses are extremely helpful in articulating what the CIA has done to search for records on theJFK assassination: Therefore, the Review Board will request that these detailed responses ultimately be incorporated by reference into the Final Declaration of Compliance: BoARD MEMBers: John RS Tunheim, Chair Henry F Graff Kermit LS Hall William L. Joyce Anna K. Nelson Executive Director: T Jeremy Gunn DEPUTY Director: Thomas E_ Samoluk S [ N ) RE V I E W 8 0 A R D good being ================================================== Page 32 ================================================== 13-00000 Mr: J. Barry Harrelson February 11,1997 Page 2 Therefore, please submit the CIA's official initial Statement of Compliance to the Review Board as soon as possible, but no later than March 16,.1998. After formal submission of the CIA's initial Statement of Compliance, we would schedule an informal interview with you (and perhaps other members of the Historical Review Group) to ask questions regarding the Compliance Statement and regarding the sufficiency of the CLA '$ record searches After addressing any outstanding issues, the CIA would thereafter submit its Final Declaration of Compliance: I recognize that:you are extremely processing CIA records for inclusion in the JFK Collection. However, it is essential that the CIA devote sufficient time and attention to its Final Declaration of Compliance because; as we have stated before, the Final Declaration will constitute the CIA's representation to the American public, under oath, that the CIA has diligently searched for records relating to the JFK assassination and that the CIA is not withholding any materials regarding the assassination. Sincerely, TU 9.Ias Ronald G: Haron Associate General Counsel CC: Linda Ciprianl (By facsimile) busy Esq: ================================================== Page 33 ================================================== 13-00000 2/v:q8 BEFORE THE ASSASSINATION RECORDS REVIEW BOARD WASHINGTON , D.C_ CIA SPECIAL COLLECTIONS RELEASE IN FULL 2000 DECLARATION OF BRIAN LATELL I, Brian Latell, do' hereby declare and say: 1 _ I presently serve a8 the Director Of the Center for the study Of Intelligence (~~CSI" ) for the United States Central Intelligence Agency (~CIA or Agency' ' ) and have held this position since September 1994 . I also hold the position of Chairman Of the Editorial Board (`~Board' ' ): for Studies in Intelligence (Studies) a publication Of CSI : I have served as a foreign intelligence officer for the United States Government for over 36 years and, at CIA, I have hela a variety Of senior positions of management and analytical responsibility including serving as a member of the National Intelligence Council for 14 years and National Intelligence Officer (NIO) for Latin America for four of thoge years _ I hold a doctorate, masters and undergraduate degree from Georgetown University, have served as a Visiting Scholar at the Hoover Institution at Stanford University, and presently hold an appointment to Georgetow University' s School of Foreign Service as an Adjunct Professor ================================================== Page 34 ================================================== 13-00000 2 _ The purpose Of this declaration is to provide the Assassination Records Review Board with my view Of the status of Studies as a claggified publication available within the Intelligence Community and as an unclassified publication available to the public I make the following statements based upon my personal knowledge_ information made available to me in my official capacity, and the conclusions I reached in accordance therewith_ 3 Studies is an independent _ scholastic endeavor with the mission to promote gcholarship in intelligence literacure Articles submitted to Studies are intended for educational purposes only and present solely the personal, academic views of the individual authors The final responsibility for accepting or rejecting an article rests with the Board . Its criterion for publication is whether the article makes a contribution to the literature of intelligence. Articles submitted to Studies are not required to be coordinated: through channels and , indeed, are not vetted through management by either the Board or the author In addition to senior Agency officers_ the Board algo has membership representing other agencies of the Intelligence Community- ================================================== Page 35 ================================================== 13-00000 4 In the beginning of Studies , articles were primarily written by CIA authors _ In the past decade _ however , Studies has been enriched by an increaging number of contributions from authors from other components of the Intelligence Communityn from members of the academic world in the United States and abroad, and from a few private citizens , most of whom have had some past intelligence connection_ The Board welcomes this trend and looks forward to increasing contributions from non-Agency ~authors 5 _ Once an article 18 submitted for consideration in Studies it is circulated to the members of the Board for their review The Board then decides whether an article meets the criteria for publication and , if it does , begins the publication process _ All unclassified submissions are 1 reviewed by the Publications Review Board (PRB) to ensure the unclassified nature of the article_ The articles are edited, approved by the Chief of CSI and published in the classified version of Studies Most of the unclassified articles published in this version are then picked up by the unclassified version of Studies and with further slight editing are published . If an article has been deemed to contain classified information by its author_ and it i8 subsequently requested to be released, it will be reviewed PRB is the same body that reviews private writings proposed for publication by current and former Agehcy employees as required under Agency regulation_ ================================================== Page 36 ================================================== 13-00000 by either the History Staff the Historical Review Program _ or more recently by the Publications Review Board pursuant to the personal manugcript standards to allow declassification or the creation of an unclassified version _ By deeming or marking a given article as classified, we represent only that this pergonal writing contains some information of a proprietary (hence classified) nature to the US Government ; that fact does not alter the nature of this private work or convert it into an official federal record containing official government inforation_ 6 The independence and integrity of the Board, and its historical commitment to academic traditions has never been questioned by Agency management _ I, as well as several of my predecessors can recall no cases of interference by Agency management with the publication decisions of the Board _ no matter how sensitive the subject matter or critical of the Agency _ Indeed , it is the antithesis Of official information and the embodiment of personal, academic scholarship and work _ The very intent is academic in the context of educational mentoring from one individual to those in succeeding generations The Agency teaches through its institutional and official course materials; individual intelligence officers teach personally through Studies_ ================================================== Page 37 ================================================== 13-00000 For the foregoing reasons _ I believe that_ while Studies in Intelligence 1 T is published under the.augpices of the United States Government _ it is neither an expression of official information nor an official release of official Executive Branch information, but rather a forum for the private academic expressions of the authors _ 8 Executed this 13th of February 1998 at Fairfax County, Virginia . BRIAN LATELL day ================================================== Page 38 ================================================== 13-00000 g : ipcrdwplgeneral lss arrb dec doc 12 february 1998 draft by marty; revisions by lss ================================================== Page 39 ================================================== 13-00000 Cmnual kcligac Aga CICASSIFIED ATTACHMENT mhbOc1* 19 March 1998 CIA SPECIAL COLLECTIONS Mr - T_ Jeremy Gunn RELEASE AS SANTTIZED Executive_Director Assassination Records Review Board 600 E Street. N.w_ Washington, D.C_ 20530 Dear Mr- Gunn: Re : STATEMENT CONCERNING ACTIONS TAKEN BY THB CENTRAL INTELLIGENCB AGENCY PURSUANT TO THE REQUIREMENTS OF THB JFK ASSASSINATION RECORDS COLLECTION ACT OP 1992 The following is a listing of the principal measures taken to date by the Agency to fulfill the requirements of the JFK Assassination Records Collection Act of 1992 (the Act) Note: it does not include the nuerous informal meetings _ conversations _ and exchanges between ARRB and HRP staff members , many .Of which covered all of the measures INITIAL_SEARCHES a In early 1992 , even before the Act was passea, the Chief of_ the CIA History Staff reported to the Director that the staff had located all of the so-called 'sequesterea collection" (those records compiled by the Agency for the House Select Committee On Assassinations investigation) and had surveyed these and other related holdings On the assassination both at Headquarters and at the Agency records center The sequestered collection contained sixty-four record center-size boxes _ In aadition_ the staff had located sixteen boxes of Lee_ Oswald' s 201 file and a nuber of loose folders mainly Erom Mexico Station records that were collected for the Warren Commission _ b_ Before the ARRB was appointed by the President_ John Pereira_ Chief _ Historical Review Group/Center for the study of Intelligence_ sent a memorandum dated 25 October 1993 to the Agency directorates requesting a name search on Lee Harvey Oswald, the JFK assassination_ and any documents related to the assassination_ This effort and discussions with various Agency . components and 'Agency Information Release officers over the past four years resulted in more ================================================== Page 40 ================================================== 13-00000 Mr . T Jeremy Gunn than 31 additional boxes Of materials being sent for review Included within this naterial were 19 boxes of JFK working files based on the sequestered collection_ two boxes on Nosenko . seven boxes of IA Division documents and three boxes from the Bay 0f Pigs perioa Not all of this material is related to the JFK story; and in some boxes only a few folders had anything to do with the assassination or events surrounding it_ To date_ the ARRB staff has designated approximately 22 boxes of this material as assassinatiof records _ In addition_ about 400 pages of material from an FOIA request for minutes of the DI- S morning meetings which related to JFK were added to the collection. The 'search for documents is a continuing effort Guidelines for this effort have_ been sent to Agency individuals and components which review documents and materials in the course of their work REVTEWS C_ Historical Review Group, now the Historical Review Program _ reviewed boxes 1 through 63-of the sequesterea collection ana the Oswald 201 file and released most Of the documents therein either in full or in sanitized form to the National Archives in Auaust_1993- The total number of pages released by CIA prior to or during August 1993 was approximately 123 , 000 _ An additional release of approximately 30 , 000 pages of HSCA material from the sequestered Collection was made in 1995. a. Box 64 of the sequestered collection contained 72 reels of microfilm primarily dealing with Directorate Of Operations materials and Office Of Security files_ In addition there were 22 reels of 201 files on 151 individuals _ Following release of the main collection in August 1993 HRG staff members reviewed the microfilm files and released approximately 74,000 pages of material to the National Archives either in full or in sanitized form The status of HRP' s review of additional records and re-review of the sequesterea collection will be addressed in regular progress reports to the ARRB staff REQUESTS FOR ADDITIONAL_ RECORDS_ AND INFORMATION f The Agency maintains a rather unique and non- integrated files system which precludes a single query on: a particular subject and the expected response from the files 2 ================================================== Page 41 ================================================== 13-00000 Mr _ T _ Jeremy Gunn of all directorates Following coordination with the ARRB staff_ the Agency arranged for the staff to be briefed by a representative of each directorate concerning the nature of the files within che directorate L how_they are organized, maintained, searched , and how they have been searched previously for assassination-related materials _ Following this effort, the ARRB staff asked for a_ number Of additional searches by the Agency and they are ini various stages of completion_ g _ In addition_ pursuant to requests both foral and informal Erom the ARRB staff HRP has tasked various elenents 0f the Agency to conduct special searches for 'other materials thought to be relevant to the assassination story_ Included in this category was the Oswala security file which was founa and has been examined by the ARRB staff Although a number of the requests are still outstanding. considerable material has been provided for review by the ARRB staff sOme of which has been found to be relevant These materials include the History Staff 5 histories on various CIA operations and Agency components; files on specific individuals involved in either_ the Warren Commission or HSCA investigations { and the product of CIA internal: reviews Of programs and operations _ Those parts Of these materials which are determined by the ARRB staff to have relevancy to the assassination story will be' reviewed HRP andi released as completed_ The status_ results _ and documentation Of specific requests are to be addressed in a separate memorandum _ Sincerely, J_ Barry Harrelso JFK Project Officer by ================================================== Page 42 ================================================== 13-00000 At!on Assassination Records Review Board 600 E Street NW 2nd Floor Washington, DC 20530 (2021 724-0088 Fax: (202) 724-0457 CIA HAS NO OBJECTION TO July 7,1998 DECLASSIFICATION ANDIOA RELEASE OF CIA INFORMATION In THIS DOCUMENT HANDEIBRY Mr: J Barry Harrelson Chief; JFK Project Historical Review Program Office of Information Management Central Intelligence Agency Washington, DC 20505 Re: Final Search for all Original CIA Records Related t0 the Assassination of President John F Kennedy Dear This letter is in follow-up to our meeting of June26, 1998, where we discussed the comprehensiveness of CIA's search for assassination records As we expressed in the meeting; the Assassination Recotds Review Board-is extremely concerned as to whether all original records held by the Central Intelligence Agency, particularly those controlled by the Directorate of Operations, havebeen identified in previous searches for records relevant to the assassination of President John F Kennedy. The Review Board is aware that the former Chief of the Historical Review Group, John Pereira, ordered a search of all CIA records in 1993. Since that date, however, We have identified at least three examples of records clearly relevant to.the assassination that havebeen identified through the efforts of the Review Board staff and that were subsequently located by CIA These records were not identified through the 1993 CIA search: In order to comply with the strictures of the JFK Act and t0 ensure that all original CIA records relevant to the assassination are identified, the Review Board requests the following: 1. CIA conduct a new search of all Office of Security and Directorate of Operations (including all counterintelligence components), for any documents relevant to the assassination; Particular care should be taken to examine possibly relevant documents dated shortly before and any time after the 1993 search: BOARD MEMBers: John R. Tunheim, Chair Henry F Graft Kermit L. Hall William L Joyce Anna K Nelson Executive diaector: T Jeremy Gunn Deputy Director: Thomas €_ Samoluk SN ) VIEW Barry: ================================================== Page 43 ================================================== 13-00000 Mr: J. Barry Marrelson July 7, 1998 Page 2 2 CIA Director George Tenet send a directive to all CIA personnel that explictly requires all offices to search their files and notify the Historical Review Program immediately if they have records thatmight possibly be considered relevant to the assassination -including any records created after 1992. 3. CIA arrange for a meeting between the Review Board staff and appropriate CIA officials to discuss CIC and other counterintelligence records: 4 CA conduct a search for 'updated or continued records on individuals from a list of names to be provided by the Review Board, of subjects who were of interest to the House Select Committee on Assassinations We are particularly interested in any records thatCIA acquired on these subjects since the original files were sequestered in 1978.: A list will be provided to you shortly- The Review Board appreciates your cooperation and assistance in resolving these issues: As time is growing short; we would like very much to ensure that these matters are handled expeditiously: Sincere Jeremy Execubwe piector CC Assassination Records Review Board Mr: James Oliver Lee Strickland, any Esq: ================================================== Page 44 ================================================== 13-00000 Ation Assassination Records Review Board 600 E Street NW 2nd Floor Washington, DC 20530 0 (202) 724-0088 Fax: (202) 7240457 + r w CAHAS N2 oruectin To July 15, 1998 EEZST5 AUIMD VAFACSMLEANDUSMAIL Robert M McNamara, Jr-, General Counsel Central Intelligence Agency Washington, DC 20505 Re: CLA Compliance _With _theIKAssassination Records Collection Act of 1992 Dear Mr: McNamara: Iam writing to address the completion of CIA's outstanding obligations under the President John F Kennedy Assassination Records Collection Act of 1992,44 USC. 5 2107 ("JFK Act") , including submission by CIA of a Final Declaration of Compliance certifying, under the Act, its work to identify and release records relating to President Kennedy's assassination: As we have advised CLA previously, the Final Declaration will constitute CLA'8 representations, under penalty of perjury, regarding disclosure of its records relating t0 the Kennedy assdsination Accordingly, set forth below:is our understanding of (1) the status for completion of CLA's work under the JFK Act and (2) the form and content of CIA 's Final Declaration: A, Completion of CIA'8 Work Under the JFK Act 1. Processing of CLA Assassination Recordsky September 1998 We confirmed with CLA that it intends to place into the JFK Assassination Records Collection ("JFK Collection") at the National Archives and Records Administration ("NARA"), by September 1998, all identified assassination records except certain documents confirmed by the Review Board staff as being duplicates, which may be processed later: Thus, CIA commits to placing the following assassination records into the JFK Collection by September 30, 1998: In addition, some peripheral documents may be processed after September 1998, but only if identified beforehand t0, and approved by, the Review Board. BoARD Memoers: John A: Tunheim, Chair Henry F Graff Kermlt L. Hall Willlam L Joyce Anna K. Nelson Executive Director: T. Jeremy Gunn Oeputy Oiaector: Thomas E. Samoluk SiN ) REV |6 ` Esq: ================================================== Page 45 ================================================== 13-00000 Robert M: McNamara, Jr-, July 15, 1998 Page 2 Non-duplicate documents within the hardcopy set of the CIA-House Select Committee on Assassinations ("HSCA") Sequestered Collection (i.e, CIA files that were reviewed by the HSCA for its investigation of the JFK assassination and which were sequestered pursuant to agreement of the CIA and HSCA):? Non-duplicate documents within the microfilm version of the CIA-HSCA Sequestered Collection (the microfilm version is a more expansive set of records than the hardcopy set of the CIA-HSCA Sequestered Collection in that it contains complete underlying files, not just the specific records reviewed by the HSCA) Lee Harvey Oswald's 201 File: CIA has this file into the JFK Collection As for the microfilm copy of the Oswald 201 file (which we assume duplicates the original Oswald 201 file processed by the CLA), we request that it be placed in the protected portion of the JFK Collection by September 1998 (after Review Board examination) Certain recently discovered documents relating t0 Oswald also must be added to the JFK Collection Lee Harvey Oswald's Office of Security File. CIA has placed this file into the JFK Collection: Marina Oswald's 201 File Whild Marina Oswald's 201 file has been processed for the JFK Collection (as part of the CIA-HSCA Sequestered Collection); we request that the original file be transferred to the protected portion of theJFK 2 As CIA has reported, the hard copy and microfilm versions of the CLA-HSCA Sequestered Collection were first placed into the JFK Collection in 1993 and 1994. See CIA Initial Statement of Compliance (dated March 19,1998),at 2: Documents from those collections are being re-processed, however; to the extent that the Review Board has mandated that such documents be opened up t0 a greater extent; 3 NARA reports that it does not have the computerized version of the record identification forms ("RIFs") for documents in the microfilm Sequestered Collection; CIA explained that it must first complete the processing ofnon-duplicates and update the computer data before that data is transferred t0 NARA CIA anticipates that this will be done sometime after October 1998. However, NARA reports that many documents do not have the proper RIFs attached. CIA will coordinate with NARA to correct this: Esq: placed ================================================== Page 46 ================================================== 13-00000 Robert M: McNamara, Jr-, July 15,1998 Page 3 Collection by September 1998. Non-duplicate documents within Kennedy assassination working files of CIA officer Russ Holmes (19 boxes): Non-duplicate documents selected from 7 boxes of Latin American Division working files CIA organizational materials , including the JMWAVE organizational chart specifically designated as an assassination record by the Review Board [CIA-1]:5 Excerpts of certain CIA histories degignated by the Review Board [CLA-7]: Excerpts of CLA's "Family Jewels" memorandum [CIA-IR-08],6 Excerpts of a CIA personnel file that relate to organized crime/Cuba [CIA-IR-13]: Excerpts of the personnel file ofMr: E: Joannides, the case officer responsible for the Directorio Revolucionario Estudiantil (DRE) during a period in the early 1960's [CIA-RR-21]. CIA "A" files for Clay Shaw and Jim Garrison [CIA-IR-22]: Designated Watch Committee Reports [CIA-IR-23]: Oswald-related documents from the a general defector file maintained by the CIA's Office of Security [CIA-RR-24]. Certain records from the files of former CIA Director John McCone as designated by the_Review Board [CIA-RR-28]. 5 "CIA-1" reflects that these assassination-related materials were identified by the Review Board &zom among materials that CIA provided in Lesponse to a formal, written request (numbered 1) from the Review Board 6 "CIA-RR-08" reflects that these assassination-related materials were identified by the Review Board from among materials that CIA provided in response to an informal request (numbered 8) from the ReviewBoard. Esq: George ================================================== Page 47 ================================================== 13-00000 Robert M. McNamara, Jr-, July 15, 1998 Page 4 Designated records from security files of Jack Ruby, Walter Sheridan, Harold Weisberg; Richard Case Nagel, and Gordon Novei [CIA-RR-27] Excerpts from the calendar of former CLA Director Allen Dulles [CIA-IR-31]. In addition to the assassination records identified above, the Review Board currently is inspecting additional files CLA has made available in response to Review Board requests. We may designate additional agsassination records from these files: are: intelligence community reports on Cuba /Soviet Union [CIA-9}; files relating to CIA officials stationed at JMWAVE [CIA-12J; and files of various high-level CLA officials (former Deputy CIA Directors Charles Cabell and Marshall Carter, former Deputy Directors for Plans Richard Bissell and Richard Helms, former General Counsel Lawrence Houston, C Tracy Barnes, and William Harvey) [CLA-IR-34]. Additional assassination records may be identified from other requests for additional information: 2. Mexico City Tapes ICLUA-R-15] We also have discussed with CIA the potential processing of recordings maintained by CLA and apparently reflecting audio surveillance of certain "Soviet bloc" and Cuban facilities in Mexico City for the period November 22, 1963 through early January 1964, including possible surveillance of the Quban consulate in Mexico Because CIA has not yet listened to the full tapes, it could not yet confirm the targets Or substance of this Mi electronic take. CIA has committed to listening first to the tapes for the period November 22-23, 1963 (approximately 18 tapes), and thereafter will discuss with the Review Board potential placement of these and later audio recordings into the JFK Collection: CIA said it will complete its review of the November 22-23 tapes in July: 3. Processing of Duplicate Documents under_theJKAct a. TheCLA-HSCA Sequestered Collectioa: Although a version of the CIA-HSCA Sequestered Collection (both microfilm and hardcopy) were placed in theJFK Collection in 1993 and 1994, the CIA has since been forwarding more open vereions of certain documents in light of Review Board decisions All such 're-processed" documents will be placed in the JFK Collection by September 1998 except that, to the extent that there are other duplicate copies of these re-processed documents in the Sequestered Collection, such duplicates will be re-processed and placed into the JFK Collection within one year after the Review Board terminates (ie, by September 1999). b. Russ Holmes Collection: The CIA currently has not placed the Russ Holmes Esq: They City: ================================================== Page 48 ================================================== 13-O0000 Robcrt M McNamara, Jrs, July 15, 1998 Page 5 Collection (consisting of CIA officer Russ Holmes' working files relating to the Kennedy assassination) into the JFK Collection. The Review Board recognizes that many documents within the Holmes files may be duplicates of CLA documents found in the CIA-HSCA Sequestered Collection or Oswald 201 file: Nonetheless, the Review Board considers placement of the Holmes files into the JFK Collection to be of paramount importance in view of the selection and organization of documents that was made by a CIA officer: Accordingly, the CLA has committed to placing into the JFK Collection, by September 1998, all documents from the Holmes files not found elsewhere in the CIA materials at NARA Duplicates of documents found elsewhere in the open JFK Collection can be processed after September 1998. Given the unique organization of the Russ Holmes files, however, the Review Board requests that CIA make every effort to process those files, in their entirety, as soon as possible: Our understanding is that CIA will attempt to place the complete set of Holmes files, including duplicates, into the JFK Colection by December 1998 but absolutely no later than September 1999. 4. Custody Qf CLA Assassination Records tobe Released in 2017 We have discussed with CIA its concerns regarding physical custody of certain records whose release has been postponed, under the JFK Act; until 2017. CIA has indicated that it may want t0 retain physical custody of certain postponed records pending disclosure in 2017. The Review Board believes that original postponed records should presumptively be held by NARA in accordance with the FFK Act; See 44 U.SC. 8 2107(5)(e)(2) ("Each Government office shall _ transmit to the Archivist all assassination records the public disclosure of which has been postponed to become part %f [NARA's] protected Collection ") Accordingly, all postponed assassination records of the CIA should presumptively be transferred to the legal and physical custody of NARA by September 30, 1998. The Review Board requests that the originals of any postponed records from the Oswald 201 file, the Oswald Office of Security file, and the Marina Oswald 201 file be placed in the protected portion of the JFK Collection by September 1998. The Review Board understands that originals of postponed records from the CIA- HSCA Sequestered Collection and the Holmes Collection would be transferred in September 1999 after duplicates have been processed. To the extent CLA believes that certain other records, particularly those designated as NBR, must remain in CIA's physical custody until 2017 , we suggest further discussions Esq: ================================================== Page 49 ================================================== 13-00000 Robert M. McNamara; Jr:, July 15,1998 Page 6 to resolve definitively how those record groups will be handled: 5. Completion of CLA Responses to Review Board Requests We have identified certain Review Board requests for additional information (both formal and informal) for which responses are still due from CIA We understand that SOme outstanding responses are in draft form or otherwise nearing completion. CIA's completion of all outstanding responses is an essential aspect of its compliance with the JFK Act: We identified the following responses due from CLA (certain priority items are listed first): Priority Responses Due Accounting of Pre-Assassination Files on Oswald (partial response received) [CIA-16] Accounting of James Angleton Files [CLA-RR-04] Accounting of Blectronic "Take" from Mexico [CIA-RR-15] Possible Foreign Source for Oswald Records (CIA-RR-05] Possible IG reports re Oswald (CIA-IR-10] Files on Warren Commission Critics [CIA-RR-11] S. Breckenridge Files [CIA-R-14] Other Responses Due Intelligence Community Staff Records [CIA-8] Interagency Source Register [CIA-10] Computer Search for HTLINGUAL Documents [CIA-RR-03] QKENCHANT [CIA-RR-06] Contacts with Journalists [CIA-R-12] Esq: City ================================================== Page 50 ================================================== 13-00000 L LY Robert M McNamara, Jr-, July 15,1998 Page 7 DO Office Information (CIA-IR-18] Computer Name searches [CIA-R-19] Zapruder Film [CIA-RR-25] AMWORLD [CIA-IR-32] Search for document mentioned in RIF No. 104-10151-10206 [CLA-IR-35] William Pawley Files [CIA-RR-37] 6. CLA Reviewand Declassification of Other Records Besides CIA records, CLA is continuing to review its equities in other records, indluding Church Committee records and records from the Presidential libraries. In addition, the Review Board's interviews with former CLA official Ann Goodpasture must be reviewed and declassified by CLA s0 that the interviews can be sent to Ms Goodpasture for her corrections and then included with the Review Board'$ open records: Finally, the Library of Congress has a set of closed Rockefeller Commission records in its Manuscript Division that may require CIA review and declagsification: It is our understanding that these records are cosed until 2001 and can be inspected only by permission of the CIA Director: To assess what should be done regarding release of these records, the Review Board first seeks t0 inspect them. Accordingly,please authorize the Library' s Manuscript Division to permit our inspection and let Us know when this authorization has been granted B. CLA'8 Final Declaration of Compliance CIA': Final Declaration of Compliance will constitute its public statement, under Penalty of perjury, that (1) CIA has located and disdlosed all records relating to Lee Harvey Oswald and the assassination Of President Kennedy that it could identify through a diligent records search and (2) CIA is aware ofno other assassination-related records being withheld from the public We request that CLA 8ubmit its Final Declaration to the Review Board absolutely no later than September 1, To demonstrate that CIA has disclosed all relevant materials, we make the following recommendations for CIA's Final Declaration of Compliance: Esq: ================================================== Page 51 ================================================== 13-00000 Robert M. McNamara, Jr-, July 15,1998 Page & 1. CIA Should Describe More Specifically its Searches for Assassination Records We consider it essential that CIA describe with more specificity the searches that it conducted for records relating to Lee Harvey Oswald and to the JFK assassination, including searches done by CIA in the early 1990s. See CIA Initial Compl Stmt, at 1. This is important particularly in light of the fact that CIA record keeping is apparently decentralized among various components of CLA Therefore; we ask that the Final Declaration confirm that the relevant components of CIA J the DCI and its offices, the CIA Directorates (Operations, Intelligence, Science & Technology, and Administration), and the CIA office responsible for maintaining CIA'8 archives in some manner: inventoried their holdings for the relevant time for records relating to Oswald or the assassination To the extent that computer database searches were run by different components of CLA, please confirm that fact and, if possible, identify the names or topics searched For its early 1990s searches, the CIA should attach the 1993 search request issued by the Historical Review Group ("HRG") and unclassified versions of memoranda from components of CLA that describe their searches Or search results: In addition, we recently requested CLA to re-undertake its searches based on the discovery of certain assassination records that were not iderltified by CIA's earlier searches 6 We specifically requested that CLA Director George Tenet issue a directive to all CLA offices requiring them to search their files for assassination records: See July 7 , 1998 J. Gunn Letter to B. Harrelson As part of its Final Declaration, we request that CLA document the steps it took n response to our recent request; including attaching the requested search directive from CIA Director Tenet: We understand that most CLA records relating to the assassination of President Kennedy were collected and identified in 1978 for the House Select Committee on Assassinations and, therefore; currently reside within the CLA-HSCA Sequestered Collection being processed under the JFK Act; It is not our intention to have the CIA re do exhaustive gearches done in 1978. However, we want CIA to demonstrate, in the Final Declaration, that it has searched its various components and that the searches were sufficient to identify major records on the assassination not included within the CIA-HSCA Sequestered Collection (it is our understanding that the Sequestered Colection does not encompass post-1978 records) For example, Oswald '$ Office of Security file was not identified through CIA'$ early searches. Similarly, we have identified recent documents related to Oswald. Esq: period ================================================== Page 52 ================================================== 13-O0OQQ #u v4v Robert M. McNamara, Jr-, July 15,1998 Page 9 In addition, the Final Declaration should confirm whether or not CIA has saved any 1963-64 files of the Mexico City Station (and certain files from another station) If those files have not been retained , please confirm that fact in the Final Declaration To the extent those files have been archived, however, then please confirm that they have been examined for the purpose of determining whether contain assassination records: 2. CIA Should Identify More Specifically the Records It Has Released Relating to Oswald and the_Assassination of President Kennedy We recommend that CLA identify more specifically the CIA files that have been, or will be; placed in the JFK Collection at NARA Although weleave this to CIA'$ discretion, we recommend that, to the extent practicable; CIA attach a non-classified listing of the files encompassed within the CIA-HSCA Sequestered Collection: We believe that an identification of the files within the CIA-HSCA Sequestered Collection will demonstrate the breadth and variety of assassination records being made public by the CIA_ 3. CIA Should Specifically Account for Certain Important Record Groups, Including Any Destruction of Assassination Records We request that CLA, in its Final Declaration, account for any important records regarding the assassination that may have been destroyed or that otherwise cannot be located: For example, CIA has reported that the original surveillance tapes that recorded the Oswald telephone conversations with the Cuban Consulate and Soviet Embassy in Mexico were destroyed, and that CIA has no copies of these audio recordings: However, CIA apparently has preserved certain recordings from Mexico City that post- date the assassination (see [ A.2 of this letter): We assume that CIA will provide a complete accounting for these records in its response to Review Board request CIA-R- 15, which relates t0 CLA's "electronic take" from Mexico for the relevant time period. That response should be attached t0 the Final Declaration (CIA may also want to attach any formal explanation of this issue that it previously provided to the HSCA) We want to ensure that CLA explains the circumstances for the destruction of the audio recordings of the Oswald telephone calls in Mexico confirms that no copies of this audio surveillance has been retained by CLA, and gives a full accounting of the post- assassination Mexico tapes: We also request an accounting of certain records of former CIA Director John McCone: In reviewing his files, we noted that certain documents on the assassination (or dated Esq: they City City City, City ================================================== Page 53 ================================================== 13-00000 Robert M. McNamara, Jr-, July 15,1998 Page 10 around the time of the assassination) are identified on an index a8 missing or destroyed: In the Final Declaration, explain, as best as possible, the circumstances for this. We previougly requested an accounting for the files of former Counter-Intelligence Chief James Angleton [CIA-IR-04] in view of the fact that no discrete files of Mr: Angleton had been identified under the JFK Act. Since Mr. Angleton was involved in the CIA's agsistance to the Warren Commission, we request that CTA's statement regarding Mr: Angleton's files (ie, CIA's response to CIA-RR-04) be attached to the Final Declaration We also ask that CIA verify that all assassination-related materials from the files of Win Scott, former Chief of Station for Mexico are in fact in the CIA-HSCA Sequestered Collection: CIA should describe what was done to inventory the Scott files to make certain that no other assassination-related materials exist in addition t0 those in the Sequestered Collection: The Final Declaration should identify any other records relating to Oswald or the assassination that CIA knows to have been degtroyed or removed from CIA files 4. The CIA Should Identify, and Incorporate by Reference, Each of Its Written Responses_to_Review Board Requests for Additional Information CIA has been cooperative in providing written responses to formal and informal requests submitted by the Review Board regarding CIA records: These responses will collectively demonstrate much of the work that CIA has done under the JFK Act We request that CLA attach to its Final Declaration a list of CIA's written responses and identify each by subject, date of response, and: the Review Board request number: The Final Declaration should state that each response is being incorporated therein by reference 5. CIA Should State That It Is Aware of No Records on Oswald or the Assassination of President Kennedy Being Withheld from the_Public After describing its records search under the JFK Act; identifying the assassination records that it has located, and accounting for records that were destroyed, CIA should. include a representation that it is aware of no other undisclosed files Or records relating to Lee Harvey Oswald or the assassination of President Kennedy, including records post-dating the 1978 HSCA investigation: We want the CIA t0 explicitly confirm, for example, that it is not aware of any undisclosed 19808 or 1990s intelligence Or records Esq: please City, ================================================== Page 54 ================================================== 13-00000 Robcrt M. McNamara, Jrz, July 15,1998 Page 11 relating to Oswald or the assassination. As part of its overall representation, we request that CIA attach to the Final Declaration its complete formal response to the Review Board's request for an accounting of all pre- assassination files that CIA had on Lee Harvey Oswald [CIA-16]. We believe that CLA's response to CIA-16 hag been very valuable and therefore should be included as part of CLA's Final Declaration: Also as part of its certification that no assassination records are withheld, we request that CLA represent that any remaining assassination records processed after September 1998 are, in fact, duplicates of records already in the JFK Collection (or are peripheral documents that have been identified to the Review Board for processing after September 1998). CIA should explain, in a general way, its methodology for identifying duplicates s0 that there is & reasonable level of assurance that unique documents are not being withheld. 6. CLA Should State Its Future Commitments With Respect to the Disclosure of Assassination Records As we discussed with CIA, CIA will undertake certain actions, after September 1998,to continue release of duplicate records and to release postponed records in 2017 . We request that CLA, in the Final Declaration, memorialize its commitment to undertake these tasks and describe what will be done (as contemplated in IL A.3 and A.4 of this letter) In addition, we ask that CIA confirm in the Final Declaration that it will place any newly discovered or created assassination records into the JFK Collection: 7 . CLA Should Execute_theBinal Declaration Under Penalty of Periury CIA's Final Declaration should be made under penalty of perjury ? We have made this request of all agencies that have searched for records under the JFK Act The Review Board considers it essential that CLA's representations regarding its search for, and release of, assassination records be made under penalty of perjury. Because of the decentralized nature of CIA records, we ask that the responsible 9 The Final Declaration(s) would be executed under oath in the form prescribed by 28 U.S.C 8 1746. Thus, the appropriate CIA official(s) would state at the conclusion of the Final Declaration(s) that "TI declare under penalty of perjury that the foregoing is true and correct: Executed in Virginda Oh this day of_ 1998. Esq: being being ================================================== Page 55 ================================================== 13-00000 Robert M. McNamara; Jr-, Esg: July 15, 1998 Page 12 individual for certain important components of CIA execute an affidavit on behalf of that component certifying, under penalty of perjury, that a diligent search for assassination records was undertaken Accordingly, we seek a separate certification From: (1) the DCIarea; (2) the Directorate of Operations, including its counterintelligence components; (3) the Directorate of Intelligence; (4) the Directorate of Science & Technology; (4) the Directorate of Administration; and (5) the Office of Information and Management; which we understand to be the office responsible for maintaining CIA's archive records Thankyou for your continued cooperation in meeting the CIA's obligations under the JFK Act, responding to specific inquiries of the Review Board, and adhering to our compliance program: If you have any questions, please do not hesitate to contact us. Sincer T Jeremy Execitive Director and General Counsel CC: Tinda Cipriam] CIA J Barry Harrelson, Senior Review Officer, CIA Steven D. Chief, JFK Assassination Records Collection NARA Esq" Tilley, ================================================== Page 56 ================================================== 13-00000 CIA SPECIAL COLLECTIONS RELEASE IN FULL 2000 In a 15 July 1998 memo to CIA General Counsel, the JFK Assassination Records Review Board outlined what it expects will be contained in CIA's Final Declaration of Compliance, due to be submitted to the Board no later than 1 September 1998 The following is a summary of all _ in section B which covers the Declaration: B CIA 's Final Declaration of Compliance 1 Specific Description of Searches a.) Confirmation that relevant components inventoried their holdings for the relevant time periods for records on Oswald or the assassination. These relevant components are: DCI area, Directorates (DO, DA, DI, DST), and the AARC [Input details to be provided by the RROs] b.) Attach 1993 search request from HRG and "unclassified versions of memos 9} from components that describe searches and results: [Note: search request is easy; 1993 responses, however, were thin to non-existent] Attach recent DCI directive, unclassified version of followup memo to CI, LA, CE and results of the searches. If possible, Search terms and databases searched should be included: [Input details to be provided by the above offices] c) 1963-64 files of Mexico City Station: If retained, confirm that have been searched for assassination records. If not; state sO. [DO to provide information] 2 Provide an unclassified index dentifying what files are in the FFK Collection at NARA Tothe extent possibleattach an unclassified listing of what files are in the CA HSCA Sequestered Collection be done after October 98] 3 Account for_Certain Important Record Groups_include_any destruction of Ass: Records b.) E.g is from Mexico City tapes. Attach comment on the time and manner of destruction of any records, including information to the effect that destroyed records were first made available to the HSCA (if that is the case) points they [To = ================================================== Page 57 ================================================== 13-00000 [DOMRO to provide input] c) Explain missing McCone files relating to the time of the assassination: [CIRRO to provide input] d.) Attach CIA 's statement on James Angleton's files, especially the fact that Angleton was involved in assisting the Warren Commission but no files have been found on this activity: [DOMRO to provide input] e) Verify that all relevant materials from Win Scott' s files are in the FSCA: Sequestered Collection: Describe how the Scott files were inventoried t0 ascertain that all assassination records were included, [DOIIRO to provide input] f) Identify any other records relating to Oswaldlassassination that CIA knows to have been destroyed O removed from CIA holdings 4 Include_CIA's Written Responses for_ARRB Requests for_Additional Inforation with Cross References for_each: [HRP files] 5,_Statement that CIA is Aware of No Records on OswaldAssassination Being_Withheld fiom_the Public b.) Include CIA response to CIA-16 c) State that all assassination records being processed after 98 are duplicates of records already in the JFK Collection o have been identified by the ARRB as peripheral. Explain our methodology for identifying duplicates [HRP will handle all answers to No 5] 6_CIA 's Future Commitments to Disclosure of Newly Discovered Assassination Records Sept" ================================================== Page 58 ================================================== 13-00000 FAX TRANSMISSION ASSASSINATION RECORDS REVIEW BOARD 60O E' STREET , N.W: SeCOno FlOOR WASHINGTON; D.C: 20530 202-724-0080 FAx: 202-724-0457 To: Bry lrelon Date: Jul 2z/992 Fax # 703-6/3 ~ 3063 Pages: Z including this cover sheet From: MchellzCom6s Subject: Searh Trms COMMENTS: ================================================== Page 59 ================================================== 13-00000 Search Terms Lee Harvey Oswald Harvey Lee Oswald Marina Oswald Jack Ruby Exaction Ex Action Executive Action Assassination President Kennedy John F. Kennedy Kennedy Assassination JFK JFK Assassination Presidential Threats Threats to U.S. President GPFLOOR GPIDEAL Assassination Attempts Warren Commission HSCA House Select Committee on Assassinations ================================================== Page 60 ================================================== 13-00000 HSCA Names Alvarado, Gilberto Arcacha-Smith, Sergio Azcue Lopez, Esuebio Cabell, Earle Calderon; Luisa Chere, Leo Cobb, June Viola Conein, Lucien E de Mohrenschildt Diosdado, Cesar Duran, Silvia Tirado de Ferrie, David W. Ganision, James Garro de Paz, Elena Gutierez Menoyo, Hall; Loren Eugene Heming, Gerald Patrick Johnson; Priscilla Post Kantor; Marvin Kostikov, Valeriy Vladimirovich Martin, Jack Masferrery Rojas, Rolando McMillan, Priscilla Johnson McVickar; Jobn Nagell, Richard Case Sylvia William D: Proenza, Maria Teresa Raikin, Spas Manual Ruby, Jack Salvat Roque, Juan Manuel Shaw, Snyder; Richard E Sturgis, Frank (aka Fioriri) Veciana, Antonio Carlos Blanch Webster, Robert Edward Werbell, Mitchell Livingston II George Eloy Mary Anthony Odio, Pawley, Ray; Clay Anthony ================================================== Page 61 ================================================== 13-00000 HSCA NAMES Alferov, Ivan Gavilovich Alpizar Perez, Evelio Alvardo, Gilberto Alvarez; Ramon Joseph Alvarez Fernandez, Santiago Alvarez Rodriguez, Santiago Amron, Irving Araujo Bernal, Lepoldo Arcacha-Smith, Sergio Artime Buesa, Manuel Azcue Lopez, Esuebio Bagley, Tennent H. (Pete) Bakulin, Valentin Vasilyev Balbuena, Luis Barker, Bernard Barnes, Winifred C Bartes Clarins, Francisco Antonio Bartes, Frank Bartine, Dominick E. Batista Falla, laureano Bentin, Sam Blanco Fernandez; Juan Francisco Bloc(k), Morris Bosch Avila, Orlando Browder, Edward, Jr: Buetos-Videla, CZ (aka Charlotte L. Zehrung) Bustamente OLeary, Jose Angel Cabell, Earle Cain, Richard $. Carballido, Emilio Cavillo, Manuel Cellini, Dino Vincent Charles, Clemard Joseph Chayes, Abram Cherne, Leo Christ; David L Cisneros Diaz, Rogelio Citrynell, Harold 4. le ================================================== Page 62 ================================================== 13-00000 Cobb; June Viola Coe, Virginius Frank Conein, Lucien E Conte Aguero, Luis Croizer, Ross L Cubela, Rolando Cuesta Del Valle, Antonio Dalzell, William Davidson, Irving Davis, Rudolph Richard, Jr: Davis, Thomas E. Davis, Bruce F De Varona, Manuel Antonio De Torres, Bernardo de Mohrenschildt, George Diaz, Lanz Marcos Diaz-Lanz, Pedro Julio Diosdado, Cesar Donovan John Du Bois, David (aka Mc Canns, David Graham) Duque Miyar, Evelio Duran, Silvia Tirado de Dutkaniez, Joseph Echevarria Valdivia, Homer Samuel Espinosa-Hernandez, Victor Fernandez, Alberto Ferre, Luis Albert Ferrie, David W. Flick Charles, E Flores, Jose Jesus Clarck Frank, Susan Heligman Galan Ric, Victor Garanin, Fedor Alexeevich Garrison, James Garro de Paz__Elena Gibson, Richard T: Y Solis, Joaquin - Golitsyn Anatoliy Golub, Grigoriy Y. Gonzales, Reinol Godoy ================================================== Page 63 ================================================== 13-00000 Guitart Camizano, Agustin Gutierrez Menoyo, Hall, Loren Eugene Halperin, Maurice Hyman Hem(m)ing, Gerald Patrick Hernandez Sanchez, Carlos Eduardo Hernandez Hechevarria, Alberto Hoke, John Lindsay Hunt, Everette Howard, Jr. Isaacs, Harold Itkin, Herbert Johnson, Priscilla Mary Post Jones, Louis Henry Kail, Samuel G Kantor, Marvin Kara-Patnitsky, Waldemar boris Karty, Floryan R Keenan, Thoman J. Koch, Gene John Korengold, Robert J. (Bud) Kostikov ; Valeriy Vladimirovich Kutner, Louis Laborde, Lawrencw J. Lawson John Howard Leonov, Nickolay Sergeyev Lesnick, Max Loganov, Valentin Sergeyevich Lopez, Gilbert Polocarpo Lorenz; Marita Luce; Clare Booth Lynch, Grayson Maheu, Robert A Martin, Willian Hamilton Martin, Jack Masferrer y Rojas, Rolando Mastrocola, Bruce G. (aka Leo Cherne) Matlak, Dorthe K. (Mrs:) McCord, James W. McDonald, Hugh McLaney, Michael Eloy ================================================== Page 64 ================================================== 13-00000 McLendon, Gordon McMillan, Prisilla Johnson McVicker, John A Merloa, Joseph R Meyer, Karl Miller, Newton Mirabal-Diaz, Alfredo M Mitchell, Bernon Moore, J. Walton Morales, David S. Morales Navarette, Ricardo Morgan, Eilliam Morgan, William Alexander Morua, Martin MoSs, Edward K Nagell, Richard Case Newton; William J. Nobregas, George Nunez Portuondo Emilio Obyedkov, Ivan Dimitriyrvich Odio, Eunice Otero, Rolando OSullivan, Fredrick Stephen Paneque Batista, Victor Manuel Pawley, William D Pedroso Amores, Acelo Perez Alamo, Duney Petrulli, Nicholas Phillips, David Atlee Pico Ramon, Reinaldo Pino Machado, Quintin Pittman, John Orion Posada, Luis Clemente Posey, Buford Wallace Prio Socarras, Carols Proenza, Maria Teresa Raikin, Spas Ramirez Ortiz, Antillio Randall, Fredrick C Rasco, Jose Ignacio ================================================== Page 65 ================================================== 13-00000 Manuel Reggab , Mohammed Ricciardelli, Libero Rodriguez, Emilio Americo Rodriguez y Gonzales, Armesto Napolean Rodriguez, Tamayo, Francisco Rodriguez Lopez, Rogelio Rorke, Alexander Rothman, Norman Ruby, Jack Ruiz, Pedro Ruiz Perez, Ortestes G Salvat Roque, Juan Manuel Seymour, William Houston Shaw, Clay Shaw, Robert Taylor Sierra, Martinee Paulino Sloboda, Vladimir Snyder, Richard E: Soto Vazquez, Antonio Stoner, Jessie B Sturgis; Frank Anthony (aka Fioriri) Ulman, Vlastimil Uzolv , Veciana Blanch, Antonio Carlos Veqa Rerez, Manuel Wasserman Jack Webster, Robert Edward Werbell; Mitchell Livingston Whitehouse Insua, Eduardo Julius Wichtrichy Alfonso Rudolph Wickes, Alastar Wilson Hudson, Carlos Juan Winston, Henry Zambernardi, Robert M Zarraga Martinez, Carlos Ray, Sergy ================================================== Page 66 ================================================== 13-00000 cIAMISIECHAL EELLEZTTONS RELEAS IN FULL 200r EMPLOYEE BULLETIN OlM OIM EB No. 02-98 22 July 1998 FINAL DOCUMENT SEARCH TO ASSURE COMPLIANCE WITH "PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS COLLECTION ACT OF 1992" (JFK ACT) FROM: George J. Tenet Director of Central Intelligence 1_ (U) As you know, the JFK Assassination Records Review Board (Board) is completing its task of 'overseeing the search and declassification of all Federal government records relating to the assassination of President John F Kennedy by 30 September 1998. The Board and we want to do everything possible to place before the American people the full story as reflected in goverment and other records. 2 The Agency has been working on this effort since 1992 and has searched all of the obvious databases. We want to make certain that we have left no stone untured and that no employee has any records that might possibly be considered relevant to the assassination including any records created [or received] after 1992. The reference to 1992 is largely intended to encompass documents which may have come into our hands since the collapse of the Soviet Union and Warsaw Pact: 3. (AIUO) In accordance with the provisions of the JFK Act; I hereby direct all CIA personnel to consider documents in their possession O with which they are familiar that might have relevance to the Board'$ review and that might not have been found in the course of electronic or manual searches over the past six years. Representatives of the Historical Review Program believe that if such documents do exist would, most likely, be found in files that would not be generally related to the assassination Or that would not be "Jlogical" areas for systematic searches. These include working paper files Or smaller databases related to countries not normally associated with the assassination: Relevant documents can be in the form of papers, photographs, recordings, tapes, or other media, and can include documents "related to the assassination; such as later investigations; topicslevents within the OswaldJFK Story, Or material related to key figures_-such as Nosenko_ 4 (AIUO) CIA personnel who believe they have information regarding documents relevant ADMNTSTRAIVEE #ATERNALUSE QNLY they key ================================================== Page 67 ================================================== 13-00000 ADMINUSTRATLVE IALFFERALAL USE OAILY to the JFK review that may not have been found in previous searches should contact their component or directorate IRO or the JFK Project Coordinator: Directorate IROs and the Agency' S JFK Project Coordinator are as follows: Secure Phone DO IRO William McNair 44448 DI RRO Barbara Blufer 54644 DS&T IRO Teresa Wilcox 50104 DA RO Becky Rant 31204 DCI Area RRO Lou Cummings 39058 JFK Project Coordinator Harrelson 31825 Isl Director of Central Intelligence ADMNBSTRATIVE #NFERAAL YSE ONLY Mary Barry ================================================== Page 68 ================================================== 13-00000 bk}L CENTRAL INTELLIGENCE AGENCY WASHINGTON, D.C: 20505 General Counsel 29 July 1998 Ronald Haron, Esq _ General Counsel Assassination Records Review Board 600 F Street N.W_ Znd Floor Washington D.C_ 20530 Dear Mr Haron : Congratulations on your recent appointment as General Counsel to the President John F Kennedy Records Review Board "Review Board" ) You have my assurances that_ as the Review Boara enters its final stages of the review ana release of records pertaining to President Kennedy ' s assassination , you will continue to have CIA S full cooperation I am in receipt of the 15 July 1998 letter from former General Counsel Jeremy Gunn in which he outlines CIA S outstanding obligations under the President John F Kennedy Assassination Records Collection Act of 1992 44 U.S.C. 6 2107 ("JFK Act") While I recognize that much work needs to be done over the next few months I am confident that J _ Barry Harrelson Senior Review Officer for CIA S Historical Review Program ("HRP" ) together with the rest of the Agency team dedicated to document review under the JFK Act, will complete the outstanding obligations set forth in that letter_ With respect to the Review Board S request that CIA submit a Final Declaration Of Compliance under penalty of perjury, we are in the process of identifying the appropriate CIA official to sign such a Declaration_ Both HRP and my office will work closely with you to ensure the Declaration contains the recommendations made in Mr Gunn S letter. With respect to the suggestion that CIA execute a separate affidavit by an officer from each of the CIA S four Directorates as well as from the DCI area the Office of Information Management _ ana the counterintelligence components of the Directorate of Operations_ I believe that this is an unnecessarily cumbersome and confusing means by which to attest to Agency-wide recora searches Rather I propose that the Executive Director of the CIA appoint one senior official as a Records Validation Officer ("RVO" ) An RVO has the authority to locate_ identify_ and preserve records createa or maintained by any Agency Directorate or component which are actually or ================================================== Page 69 ================================================== 13-00000 Ronald' Haron, Esq. potentially relevant to the subject matter of the search An RVO also has authority to execute affidavits or to testify under oath with respect to all the record searches done every Directorate or component of the CIA_ For your information_ this is the usual method by which CIA attests under oath to recora searches done by more than one Directorate in criminal and civil litigation before the federal courts I appreciate this opportunity to assure you of CIA s continued cooperation with: the Review Board. Should you have any further questions or concerns regarding this matter you may contact Linda Cipriani of my office at (703 ) 874-3124 Sincerely, xlacur 8zzQutec {ypobert M_ McNamara, Jr_ 2 by ================================================== Page 70 ================================================== 13-00000 Ronald Haron, DCI/OGC/LDIGCCIprian nl 76124 (27 Jul 98 ) OGC-98-51950 Distribution: Original Addresgee 1 GC LCC Lit File LDGO0021 1 RDC FYI OGC Registry 3 Eeq . ================================================== Page 71 ================================================== 13-00000 M0 10,77 "0a 6v& (6r u9j ( AntJ Qoo1 1 Tion Assassination Records Review Board 600 E Street NW Zad Floor Washington: DC 20530 (202) 724-0088 (202) 724-0457 CIAHASNO To August 10, 1998 EigTHoNocuclv; AS A FACSMLEANUS MALL Robert M. McNamara, Jr:, General Counsel Central Intelligence Agency Washington, DC20505 Re; CLA Compliance With the Assassation Recorde Collection Actof 1992 Dear Mr: McNamara: Thank you for July 29 letter regarding CIA's submission of its Final Declaration of Compliance with the Fresident John F Kennedy Assassination Records Collection Act of 1992,44 U.SC 8 2107 ("JFK Act') Iam writing to address CLA'8 desire that one officdal certify, under oath end on behalf 0f the entire egency, that CLA has conducted a thorough search for records relating t0 President Kennedy s assassination: Your letter and concers were brought directly t0 the attention of Review Board members for their consideration We understand tat CA would that each CIA Directorate not be required t0 certify separately that ithas done an adequate search for records on the aesassination a8 the Review Board had requested: The Review Board specfically considered your proposal that the certifying officialbe a records validation officer appointed by the CIA $ Executive Director: The Review Board requests, however, that the CIA's certification be made at thehighest levels of the CIA, The Review Board believes that certification by a records validation officer would be insufticient to assure; to the fullest extent possible Public confidence in the CIA's representations that it has searched for and released all relevant materials relating to Fresident Kennedy'8 asgassination: In view of the Importance of the CLA's formai representations regarding its holdings on Lee Harvey Oswald and President Kennedy' s a8sassination,' the Review Board requests that CIA'$ Final Declaration 0f Compliance be certified, under oath bothby CIA's Executive Director and Its General Counsel Iask that CIA confirm that it will agree t0 this manner of certification: BoARD Memueas: John R; Tuaheim, Chalr Henrv F Graff Kormit L. Hall Willlam L. Jovce Anaa K Noleon Executive Direetar: T Jaremy Guna Deputy Diaecton: Thomas E: Samoluk ( ) Fax: RevTEF e OBJECTIOV DECLASSIFICATION Sanmized Esq: your Prefer ================================================== Page 72 ================================================== 13-00000 0I /|Y '0 : A0 #AX Xu2 '(%4 u4s*( ARRB 0002 Robert M McNamara, Jrv, August 10, 1998 Page 2 Thank you for your coperation: Sincerely , Tnu $.H Ronald G. Haron General Counsel CC: Linda Ciprian} CIA J. Barry Harrelson, Senior Review Officer , CIA Esq: Esq" ================================================== Page 73 ================================================== 13-00000 ABMENTSTRATTVE INQFRNAL_ISE QNLY OIM 98-0088 12 August 1998 MEMORANDUM FOR : Deputy Director for Administration Deputy Director for Intelligence Deputy Director for Operations Deputy Director for Science and Technology Administrative Officer_ DCI Area FROM: Edmund Cohen Director of Information Management SUBJECT Documentation of Searches Conducted in Support of JFK Act REFERENCE : Memo , "CIA compliance with the JFK Assassinations Records Collection Act of 1992 _ " dta 15 Jul 98 _ fr the Assassination Records Review Board 1 The purpose of this memorandum is to. advise You of a requirement to provide to the JFK Assassination Records Review Board a "Final Declaration of Compliance" with the JFK Act The declaration must include a description of component searches undertaken in response to Board taskings_ since 1993 information on any possible destruction_ of assassination records and a representation that a diligent search for assassination records was undertaken. We are in need of assistance of your staff in preparing the description of these items for inclusion in the compliance response 2 The referenced memorandum describes the Board' s requirements for the "Final Declaration "I in greater detail Jim: Oliver, Chief Historical Review Program and Barry Harrelson . the Agency S JFK Review Focal Point_ are meeting with the Directorate Information Review.Officer and as appropriate_ other members of your staff to review the information needed to support the certifications which the Agency will need to make AMTNISTRATTVE TNQERNAI USE ONLY ================================================== Page 74 ================================================== 13-00000 ADMTNESFR FTVZ TNTCRNAT Os1 ONLY SUBJECT : Documentation of Searches Conducted in Support of JFK Act 3 In order to meet the 1 September 1998 deadline prescribed by the Board, we request that the information described in paragraph 1 be sent to Mx Harrelson by close of business , 21 August 1998 Edmuna Cohen ADMINISTRATTVE NFERNAL JJSE ONLY ================================================== Page 75 ================================================== 13-00000 ADMINTSFRATTE INFERNAE &SE ONY SUBJECT : Documentation of Searches Conducted in Support of JFK Act DA/ OIM/ EdCohen: bkh/ 31352 (11 Aug 98 ) share/oim/ed/oim/irg/pjt/jfk/dd draft 980812 .doc Distribution Original Addressees 1 DCI IRO DA IRO DI IRO DO IRO DSET IRO D/OIM L C/HRE OIM/ HRP HRO (Barry Harrelson) DA Registry OIM/ Subj OIM/Chrono 3 ~ADMTNISTRATTVE INTFRNAL JSE ONLL ================================================== Page 76 ================================================== 13-00000 ADMINISTRATIVE NTERNAT USE ONLY 25 August 1998 MEMORANDUM FOR THE RECORD SUBJECT : (U) Electronic Dissemination of Employee Bulletin (AIUO) I was requested to send the EB 02-98 (Final Document Search JEK) The request was distributed to all of Ehe 1 Directorate via Lotus notes on Monday 17 August" 1998 _ the notice was placed in the system on the 18th and received by the Directorate personnel on the Additionally, we placed it on the morning message that people receive when they first log onto the system_ LDisal & Fredrick C. Wickham, Jr _ ~ABMINI SKRAT FVZE TNTERNAL JSE ONEY 1gth ================================================== Page 77 ================================================== 13-00000 APMTNISYRA+ HE TNTERNAL &30 &NEY SUBJECT: (U) Electronic Dissemination of Employee Bulletin IMSIESGMHCS Fwickham x44448:mjk (21 August 1998) Distribution: Original CMHRPIOIM [ CIMSIESG 1 IMSIESGMCS 1 ESG Chrono File ADMINISTRATIVE TNYERNAE &SE ONSY ================================================== Page 78 ================================================== 13-00000 UNCLASSIFIED 27 August 1998 MEMORANDUM FOR: Chief_ JFK Declassification Project /HRP/OIM/DA FROM: Fredrick C. Wickham, Jr _ Chief Information Management Staff, External Support Group SUBJECT: DO Results of New Search for JFK Assassination Records 1 This memorandum is in response to the request from the staff of the Assassination Records Review Board (ARRB) The staff requested that the CIA issue an Agency-wide employee bulletin for a new search for JFK Assassination Records OIM-98-0081 dated 30 1998 was issued, 2 DO/ Information Management Staff ran a corporate search of [COMET} the DO' s electronic message repository_ That search generated some 128 hits _ Michelle Combs 0f the ARRB staff reviewed the search results and selected three records for inclusion in the JFK assassination records collection 3 _ The three selected documents have been sanitized with Ms Combs' concurrence _ The sanitization is more extensive than JFK guidelines because of the documents' proximity to the present and to current sources and methods 4 . The documents are not herewith attached_ They are being provided separately by DO/ IMS /ESG _ HCS KuLe /4 IL Fredrick C Wickham, Jr- UNCLASSIFIED July ================================================== Page 79 ================================================== 13-00000 UNCLASSIFIED SUBJECT: (U) DO Results of New Search for JFK Assassination Records_ IMS /ESG /HCS FWickham x44448:mjk (28 August 1998 ) Distribution: Original C/HRP/OIM 1 C/IMS /ESG 1 IMS ESG/HCS 1 ESG Chrono File UNCLASSIFIED ================================================== Page 80 ================================================== 13-00000 CENTRAL INTELLIGENCE AGENCY SEP WASHINGTON, D.C. 20505 1980 Office of General Counsel 31 August 1998 Ronald G Haron General Counsel Assassination Records Review Board 600 E Street _ NW Washington, DC 20530 Re: CIA Compliance With the JFK Assassination Records Collection Act of 1992 Dear Mr_ Haron: This letter responds to your 19 August 1998 request that the Central Intelligence Agency confirm in writing, who will certify its compliance statement This is to confirm that Edmund Cohen the CIA S Director Of Information Management , will sign _ As Director Of Information Management _ Mr Cohen i8 responsible for providing oversight and direction to the Agency S records ana classification management activities_ and information declassification and releage programs He is also responsible for the development and maintenance of automated tools to support these activities He oversees classification and declasgification policies_ procedures and practices . He manages the Agency Archives and Records Center and serves a8 the CIA Archivist and the Agency Information Review Officer He coordinates the conduct Of all special searches within the Agency and the release Of any information uncovered in such searches Finally as Director Of Information Management , Mr Cohen is responsible to conduct on behalf Of the Agency , liaigon with the National Archives and Records Administration and its Office Of the Federal Register, and with the Information Security Oversight Office; and with any other entities on any matters within the responsibility or authority of the Director Of Information Management We believe that Mr . Cohen i9 clearly the most knowledgeable individual within the Agency _ by position and experience_ to execute such a certification Based upon our short telephone discussion , I understand that he is _ in addition_ at least as senior a8 the anticipated signatories from other agencies or departments from which the Board has requestea certifications From a practical standpoint we at CIA make a concerted effort to assure that the most knowledgeable- individuals speak on behalf Of chi_ Esq. ================================================== Page 81 ================================================== 13-00000 Mx Ronala G _ Haron , Esq . the Agency on important matters such as this_ It is for this reason that we have chosen Mr Cohen _ If you wish to discuss this matter further , please call me on (703) 874-3123 Sincerely, Robert Eatinger Jr Associate General Colnse 2 ================================================== Page 82 ================================================== 13-00000 Mr Ronald G . Haron , Esq. DCI/OGC/LD/RJEatinger _ Jr_ 76123 (31 Aug 1998) OGC-98-52328 Distribution: Original Addressee 1 SA/ ExDir (Dunn (C) 1 PDGC D/OIM ADGC Burke CSI HRG T(Harrelson) 1 EJGP gigner_ Lit File (LDG00021) OGC Registry ================================================== Page 83 ================================================== 13-00000 D Jcp 18 EXECUTIVE SECRETARIAT ROUTING SLIP ACTION INFO ACTION INFO DCI X 11 OPA 2 DDCI X 12 DDA 3 DDCVCM 13 DDI 4 ADCVMS 14 DDO X 5 EXDIRICIA X 15 DDS&T 6 CHMNNIC 16 DIOIM 7 IG 17 HRP X 8 GC X 18 9 COMPT 19 10 OCA X 20 SUSPENSE DATE: 21 September 1998 DOCUMENT NO: ER 98-4210 ContactGetsy Quint- Moran} (x37929) regarding suspense items: COORDINATIONROUTING: EXDIR office to take lead in preparing and coordinating response with OGC. SUMMARY: The JFK Assassination Records Review Board has received the Agency' s Final Declaration of Compliance The Board is requesting certifications by the individual directorates, as well as the office of the DCI, or altematively that the EXDIR and the General Counsel certify that CIA has met its obligations under the JFK Act and certify that no records on the assassination or Lee Harvey Oswald have been knowingly withheld Absent the requested certifications, the Board considers depositions of senior Agency officials necessary and requests the DDO be made available ASAP, but no later than 21 September, for examination Date: 14 September 1998 Received in ER: 14September 1998 Action Officer: Tracie Matecka]37932 DX}- Exec REq 1998 ================================================== Page 84 ================================================== 13-00000 FAX TRANSMISSION ASSASSINATION RECORDS REVIEW BOARD 600 E STREET , N.W. SECOND FLOOR WASHINGTON, D.C. 20530 202-724-0000 FAx: 202-724-0457 To:" Dct Date: a/iylag Fax #: 703- 4ga - 3064 Pages: 3 including this cover sheet: From: John R. Tunheim ) Chaiv Subject: Cia Iiaae wtl +e TFF Act COMMENTS: Tenet , Geor & Csmp ================================================== Page 85 ================================================== 13-00000 AtlON Assassination Records Review Board 600 E Street NW 2nd Floor Washington, DC 20530 (202) 724-0088 Fax: (202) 724-0457 September 14, 1998 VA FACSMLEANDLUSMAIL The Honorable George Tenet Director Central Intelligence Agency Washington, D.C. 20505" Re: CLA Compliance Withthe IFK Assassination Records Collection Act of 1992 Dear Mr: Tenet: We have received the CIA's Final Declaration of Compliance (dated September 2, 1998) regarding the completion of CIA's work under the President John E Kennedy Assassination Records Collection Act of 1992,44 U.SC 6 2107 ("JFK Act") On behalf of the Board, Iam writing to express the Board' $ disappointment that CIA has been unwilling to have the most senior officials ofyour agency attest to CIA's compliance with the JFK Act: The Board had first asked CIA to submit separate certifications from each directorate, as well as the office of the DCI, attesting to their searches for assassination-related records. We stressed these measures to obtain assurance that all components of the CIA had complied with the JFK Act, as well as to assure the American people that the U.S. Government had left no stone untumed in releasing records on the assassination of President Kennedy: The CIA refused to submit separate certifications, insisting it was their practice for One official to on behalf of the entire Agency: The Board then requested that CLA 's most senior officials, the Executive Director and General Counsel, certify CIA's Final Declaration of Compliance under the JFK Act CIA refused. In 1992, CIA Director Gates testified to Congress thathe was 'determined personally to make public or to expose to disinterested eyes every relevant scrap of paper in CIA s possession "1 that related to the Kennedy assassination. See The Assassination Materials Disclosure Act: Hearing on S J. Res. 282 Before the Senate Comm. on Governmental Affairs , 102d 2d Sess. 55 (1992). The Board has merely asked that CIA 's highest Officials confirm that are fully confident that this commitment has been fulfilled. While we recognize the substantial documentation provided by CIA to demonstrate its work under the JFK Act, we are disappointed that CIA has been uncooperative in responding BoARD Members: John R. Tunheim, Chair Henry F Graff Kermit L. Hall William L_ Joyce Anna K Nelson Executive Diaectoa: T Jeremy Gunn deputy Directon: Thomas E. Samoluk ( ) Revibw : 80 speak Cong; they ================================================== Page 86 ================================================== 13-00000 The Honorable George Tenet September 14, 1998 Page 2 to this most simple of requests For me personally and for other members of the Board, this raises significant concernsas to whether CIA s highest officials actually have confidence in the reliability of the results for which the Review Board and CIA have expended considerable effort, energy and resources over the past five years. Such concerns may be noted in our Final Report: Therefore; the Review Board specifically requests that CLA submit certifications by the individual directorates, as well as the office of the DCI, Or, in the alternative, that the Executive Director and the General Counsel certify that CLA has met its obligations under the JFK Act and certify that no records on the assassination or Lee Harvey Oswald have been knowingly withheld. We continue to believe that these more stringent certifications are needed, in part because of CLA's belated discovery of core records relating to the assassination: Absent certification by the highest levels of CLA, as sought by the Board, the Board considers depositions of senior Agency officials to be absolutely necessary. Accordingly, pursuant to our authority under the JFK Act; the Board requests that CIA make the Deputy Director for Operations immediately available for deposition The Directorate of Operations has been the primary repository for records directly relating to Lee Harvey Oswald and the assassination In fact; the Directorate of Operations only recently uncovered additional records relating to a KGB source with information relating to Lee and Marina Oswald We ask that the Deputy Director of Operations be made available for examination as soon as possible, but no later than September 21, He will be expected to testify on behalf of the Directorate of Operations regarding its record systems, and its searches for assassination records, including searches conducted by the Counter-intelligence staff. Thank you for your cooperation, and please inform us as soon as possible regarding CIA's compliance with this Review Board request; Sincerely, Foln Veheb_ John R Tunheim Chair ================================================== Page 87 ================================================== 13-00000 1002 09/16/98 WED 12:59 FAX: 202 724 0457 ARRB F TiON 6 0 Assassination Records Review Board 0 4 600 E Street NW 2nd Floor Washington; DC 20530 9 (202) 724-0088 Fax: (2021.724-0457 8 0 0 F CIA HAS NO OBJECTION TO DECLASSIFICATION ANDIOR RELEASE OF CIA INFORMATION IN THIS DOCUMENT September 16, 1998 VIAFACSMMLE ANDUSMAIL Robert M McNamara, Jr;, General Counsel Central Intelligence Agency Washington, D.C. 20505 M Stern General Counsel National Archives and Records Administration 8601 Adelphi Road College Park, Maryland 20740-6001 Re: CIA Complance With the EKAssassination Records Collection Act of 1992 Dear Messrs McNamara and Stern: The Review Board considers it essential that certain remaining obligations of the CLA under the President John R Kennedy Assassination Records Collection Act of 1992,44 USC 5 2107 ("JFK Act") be identified and memorialized before the Board ceases operations on September 30, 1998: I therefore am enclosing for your agencies' consideration, a draft Memorandum of Understanding setting forth the outstanding obligations of CIA under the JFK Act We believe that it is in the interest of the CLA, the National Archives, the Review Board, and ultimately the public to put in writing our collective understanding of the additional work that CIA must undertake and the reasonable time frames within which it should be completed It is our intent to reduce any future ambiguity Or disagreements that_ may potentially arise as CIA completes its work We also believe that this MOU will facilitate the ability of the Archivist of the United States to carry out his statutory obligation t0 certify to the President that all assassination-related records have been released in accordance with the Act (see 44 USC: S 2107(12)). The terms of a Memorandum of Understanding have been discussed among the staffs of the Review Board, the National Archives, and CIA: We believe that the enclosed draft proposal is a fair accommodation of competing interests Please review the BoARD MeMBers: John R. Tunheim, Chair Henry F Graff Kermit L_ Hall William L~ Joyce Anna K Nelson Executive DirecToR: T Jeremy Gunn Deputy Director: Thomas E. Samoluk SIN ) REV[Ew Esq: Gary ================================================== Page 88 ================================================== 13-00000 1@i uu3 09/16/98 WED 13:00 FAX 202 724 0457 ARRB Robert M McNamara, Jr-, Gary M. Stern, September 16, 1998 Page 2 enclosed draft MOU so that we can resolve any outstanding issucs and ultimately reach an agreement on an MOU before September 30,1998. Thank you for your attention to this matter: Sincerely, Tenlz %. Iao Ronald G. Haron General Counsel CC: J. Barry Harrelson, Senior Review Officer , CIA Steven D Tilley, Chief, JFK Coliection, NARA Esq Esq: ================================================== Page 89 ================================================== 13-00000 0004 09/16/98 WED 13:00 FAX 202 724 0457 ARRB DRAFT MEMORANDUM OF UNDERSTANDING REGARDING CONTINUING OBLIGATIONS OF THE CIA UNDER THE JFK ACT WHEREAS the operations of the Assassination Records Review Board ("Review Board") cease On September 30, 1998 in accordance with the President John R Kennedy Assassination Records Collection Act of 1992, 44 USC: G 2107 ("JFK Act" ); WHEREAS the JFK Act provides that "the provisions of this Act [as applied to Federal agencies] shall continue in effect until such time as the Archivist certifies to the President and the Congress that all assassination records have been made ayailable to the public in accordance with [the] Act" (JFK Act $ 12); and WHEREAS the Central Intelligence Agency ("CIA"2 the Review Board, and the National Archives and Records Administration ("NARA") seek to ensure that the CIA completes its continuing obligations under the JFK Act in a timely fashion; ITIS HEREBY AGREED by the CLA (including any successor intelligence agency), the Review Board, and NARA that: 1. All CIA records identified as assassination records under the JFK Act will be placed in the JFK Assassination Records Collection ( FFK Collection" at NARA in College Park; Maryland by September 30, 1998 unless otherwise noted in this Memorandum of Understanding; 2 CIA may transmit the following assassination records to the JFK Collection after September 30, 1998: a Duplicate documents within the CIA-HSCA Sequestered Collection: (both hardcopy and microfilm sets) " The CIA will ensure that, by September 30, 1999, duplicate copies of documents from the CIA-HSCA Sequestered Collection (both hardcopy and microfilm sets) will be placed in the JFK Collection: b. Duplicate documents within the working files of CLA officer Russ Holmes The CIA will ensure that, by December 31, 1998, duplicate copies of documents from the Russ Holmes working files will be in the JFK Collection: "Duplicate documents" are exact of documents that are already publicly available in the JFK Collection as part of other CIA files or records placed copies ================================================== Page 90 ================================================== 13-00000 ~ 09/16/98 FED 13:01 FAX 202 724 0457 ARRB 1@]005 DRAFT -2- C: The audio tapes, and any transcriptions or summaries made by the CLA, from surveillance of certain Soviet and Cuban diplomatic facilities in Mexico City for the period November 22, 1963 t0 January 1964. These tapes approximately 185), and any transcriptions or summaries, shall be placed in the JFK Collection by September 30, 1999. The CIA will submit these tapes to the JFK Collection on a basis, as CIA completes - review of individual tapes Any postponements shall be identified to NARA and postponed information forwarded t0 the "Protected Collection" (ie , the classified, postponed records within theJFK Collection) in accordance with Section 5(e) of the JFK Act: d. Working files from the DCI area, mostly from DCI: Executive: Registry, thathad been compiled in anticipation of passage of the JFk Act: These working materials, which consist mostly of duplicate documents, shall be placed in theJFK Collection by Decmber 31,1998. e. A document 'containing a list ofnames and cryptonyms created by the HSCA staff: Given the detailed nature of information in this document (RIF No. 104-10061-10115), the Board agrees that this can be processed by December 31, 1998. f. Any other non-duplicate assassination-related records created or discovered by the CIA after September 30, 1998. 3 The CIA will review its equities in records that have been referred t0 it, and the CIA will cooperate with NARA and other Federal agencies to ensure that such records are released under the standards of the JFK Act and into the JFK Collection: The CIA will review the following major categories of records: a. Church Committee records identified by the Review Board in August 1998 as being assassination-related: b. Records from the files of Robert F Kennedy, maintained at the JFK Library, that the Library and /or Review Board has identified as either assassination records or a8 records that would enhance the historical unnderstanding of the assassination C Records of the Rockefeller Commission, maintained by the Manuscript Division at the Library of Congress, to the extent that the Library of Congress identifies assassination records that are not available as part of the Ford Library set of Rockefeller Commision documents in the JFK Collection: rolling placed ================================================== Page 91 ================================================== 13-00000 0006 09/16Y98 WEED 13:01 FAX 202 724 0457 ARRB DRAFT 3- d. The Army's Investigative Records Repository file on Alfredo Mirabal Diaz. The CIA will complete its review and and recommendations for release of the major record categories listed above no later than April 30, 1999. To the extent there may be other agency documents requiring CLA review under JFK Act; the CIA will continue t0 undertake such review The CIA shall handle the certain Original or postponed records in the following manner: a. By September 30, 1998,CIA shall transmit to the "Protected Collection; in accordance with Section S(e) of the JFK Act, the originals of all postponed records from Lee Harvey Oswald's 201 file, Office of Security file; and A file: b. By September 30,1998, CLA shall transmit t0 the "Protected Collection the hardcopy original of Marina Oswald' s 201, C By September 30, 1998,the CIA will transmit to the "Protected Collection" all of the original microfilm rolls for the CIA-HSCA sequestered collection: TO d. By September 30, 1998,the CLA will transmit to the "Protected Js Collection" all records with postponed information to the extent that such records are not available on the CIA-HSCA microfilm rolls transmitted t0 F28^ NARA: e_ By October 30, 1998, the CLA will transmit to the "Protected Collection 0 the entire Oswald 201 file that was printed from the CILA-HSCA sequestered collection microfilm (thuis will provide the CIA with time to make its own feference copy) f By December 31, 1998,CIA shall transmit to the "Protected Collection" the originals of all postponed records from the Russ Holmes working files (this will permit the CIA to process duplicate records in the Holmes Collection by that date): 5. The Review Board and the CIA have determined that certain materials reviewed under the JFK Act are not believed to be relevant to the Kennedy assassination (designated "NBR"), but nonetheless should ultimately be placed in the JFK 67, @ab* 25 JSsvh O6 ` Mues 8 31,120 Geste Lub? NcR ? ================================================== Page 92 ================================================== 13-00000 i007 09/16v98 MED 13: 02 FAX 202 724 0457 ARRB DRAFT Collection: These NBR materials are: certain files contained within the CLA- HSCA sequestered collection; certain CIA work files relating to Yuri Nosenko (but not related to the assassination);? certain materials within the Russ Holmes Collection; and the complete version of certain records, portions of which were designated as assassination-related by the Review Board in connection with its requests for additional records and information These hard copY materials will be physically retained by the CIA and then forwarded to the JFK Collection for public release by October 26,2017. Within two months of the execution of this agreement; the CLA shall provide to NARA, in writing a list of the hardcopy files being retained until 2017 and confirm the arrangements for securing this material NARA shall have the right to inspect and inventory this material for archival and administrative purposes before 2017,and these materials ghall be made available for inspection by NARA upon its request: 6. TheCIA shall cooperate and coordinate with NARA in carrying out the provisions of the JFK Act, including Section S(g) of the JFK Act; which provides for the "periodic review" of postponed assassination records: Such review M4 'shall address the public disclosure of additional assassination records in the Collection under the standards of the Act" (8 5(g)(2) (A)) and "shall serve to downgrade and declassifiy security classified information" (6 5(g)(2)(C)): 7 The CLA recognizes that; in the year 2017, "[elach assassination record shall be publicly disclosed in full JFK Act $ 5 (g): To the extent that records are postponed but are to be released on a date to 2017, NARA shall release the records on the date the Review Board set for release: If the CIA seeks continued postponement of any record in the year 2017 (or an earlier scheduled release date), it will be incumbent upon the CIA t0 obtain from the President "certification" that continued postponement is necessary: See JFK Act $ 5(g)(2)(D): Within six months of the scheduled release date, the CIA shall be responsible for notifying NARA of any specifc records, including any records within the microfilm rolls for the CIA-HSCA sequestered collection for which it will seek Presidential certification of continued postponement; With respect to the NBR material identified in paragraph 5,these NBR materials shall be physically transferred to NARA by October 26,2017 for release: In the event CIA seeks further postponement of any NBR material, it shall identify that material to NARA and seek Presidential certification that the material needs t0 be postponed: 2 The Nosenko materials related to the assassination have been in the JFK Collection: prior placed ================================================== Page 93 ================================================== 13-00000 1008 09/10/98 FED 13:03 FAX 202 724 0457 ARRB DRAFT 8 With respect to the review of other agency documents referred to CIA, the review of any new assassination records; 0r the periodic review ofpostponed assassination records, the CIA shall, in faith, continue to apply the postponement criteria of the JFK Act as previously interpreted by decisions of the: Review Board: 9_ This Memorandum of Understanding is intended to clarify the CIA's obligations: under the JFK Act in view of the expiration of the Review Board's term on September 30,, 1998. This Memorandum of Understanding shall notbe interpreted to limit CIA's obligations under theJFK Act: Date: Signed:_ David W. Carey Executive Director Central Intelligence Agency Date:_ Signed:_ Laura A. Denk Executive Director Assassination Records Review Board Date: Signed:_ John W. Carlin Archivist of the United States god ================================================== Page 94 ================================================== 13-00000 2 1998 THE DRECTOR OF CENTRAL INTELLIGENCE WASHINGTON, D.C. 20505 CIA SPECIAL COLLECTIONS RELEASE IN FULL 16 September 1998 2000 Mr John R Tunhein Chair_ Assassination Records Review Board 600 E Streec NW Washingcon _ DC 20530 Re : J?k: Assassination Records Collection Act of 1992 Dear Mr Tucheim: This will respond Eo your 14 September 1998 letter regarding 16 Central Intelligence Agency compliance with the JFK Act I have no doubt whatsoever that the CIA has . fully met its obligations co iocate_ review and release assassination records as definea in zhe JFX Act _ The Agency' s 2 September 1998 Declaracion 0f Compliance-signed_ as you note. by CIA S Director 0f Information Management Edmund Cohenconfirms my judgment _ I nave full confidence in the scope OE the Agency' s searches as described in Mx Cohen S recent declaration As Direccor 0f Information Management _ Mr Cohen is directly responsible for CIA' s records systems and for ensuring the adequacy 0f CIA S search_ review_ and release 0f docuents under the JFK Act Mr Cohen signed the Agency S Declaration of Compliance because he was the most senior Agency official with direct personal knowledge that its statements were accurate and complete_ There was no nore appropriate signatory _ In su _ I understand that the appropriate CIA staff officers have worked diligently to locate and disclose to the JFK Board all relevant records in the Agency- S possession and that they ao not believe any other relevant records are being withheld Erom the 3oard Mx Cohen S aeclaration confirms my understanding I trust thac this will meet your requirements Sincerely_ keqeXCutt George J Tenec SEP ================================================== Page 95 ================================================== 13-00000 R 1 R 1

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104-10332-10022.pdf

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