Foreign Relations of the United States, 1950–1955, The Intelligence Community, 1950–1955

38. Memorandum From Director of Central Intelligence Smith to the Executive Secretary of the National Security Council (Lay)¹

Washington, January 8, 1951.

SUBJECT

• Draft of NSC Directive on Covert Operations and Clandestine Activities

1. On 14 December 1950, at my request, the National Security Council suspended paragraph 4 of NSC 10/2.²

2. I am submitting herewith the draft of a directive for issuance by the National Security Council which clearly defines the responsibilities for covert operations and clandestine activities in peace or in war.³ This draft was prepared by representatives of this agency in consultation with Rear Admiral Leslie Stevens from the Joint Chiefs of Staff, Brigadier General John Magruder from the Office of the Secretary of Defense, and Mr. Robert Joyce from the Department of State.

3. It is my recommendation that this Directive be sent by the National Security Council to the Departments of State and Defense and the Joint Chiefs of Staff for comment.

4. A related subject which needs clarification is the distinction between covert operations such as may be planned and executed by this agency, and guerrilla warfare conducted by regular forces. I have directed that a paper on this subject be prepared for submission to the NSC.

Walter B. Smith

⁴

Attachment⁵

NATIONAL SECURITY COUNCIL DIRECTIVE

COVERT OPERATIONS AND CLANDESTINE INTELLIGENCE ACTIVITIES

1. Under the authority of Section 102(d) (5) of the National Security Act of 1947 the National Security Council hereby directs that:

2. The Director of Central Intelligence shall be responsible for the planning, preparation and execution of covert operations and clandestine intelligence activities in peace or in war and for insuring that such operations are planned and conducted in a manner consistent with and in support of U.S. foreign and military policies and with overt activities.

3. The following relationships shall prevail in wartime or in peacetime in areas where U.S. military forces are engaged in combat:

a. The DCI shall coordinate covert operations and clandestine intelligence activities with the Secretary of Defense and the Joint Chiefs of Staff and the appropriate non-military U.S. government departments and agencies, and insure that plans for such activities are accepted by JCS as being consistent with and complementary to approved plans for wartime or emergency military operations.

b. Covert operations and clandestine intelligence activities in a theater of military command shall come within the responsibility of the theater commander and the DCI shall designate a senior representative to be on the General Staff of each theater commander concerned with such operations and activities, responsible to the theater commander through the Chief of Staff, to assist in the planning, direction and command of such operations and activities. Policy direction and control of the execution of such operations and activities in the theater shall be through the JCS via the theater commander.

c. Theater commanders shall be advised of such covert operations and clandestine intelligence activities as are based in their respective areas but with objectives that transcend or do not directly affect the responsibilities of the respective theater commanders.

d. The DCI shall coordinate with the Secretary of State in order to insure that plans and activities are consistent with the political strategy and political operations and objectives of the United States.

e. In areas other than theaters of military operations, the senior representative of the DCI shall keep the respective senior political representatives, in the countries concerned, generally advised of covert operations and clandestine intelligence activities affecting the area of their responsibility or based thereon, and shall obtain political guidance from such representatives with respect thereto.

f. For reasons of security and adequate liaison, the DCI shall maintain independent communications with his representatives overseas, including lateral communications between theaters. Arrangements for such communications shall be coordinated with those of the military.

g. The Departments of State and Defense and the JCS shall provide continuous guidance and support of the DCI in planning covert operations and clandestine intelligence activities and insure that such operations and activities receive the necessary and appropriate support.

4. As used herein clandestine intelligence includes espionage and counterespionage; covert operations include guerrilla warfare (as defined in NSC_____), sabotage, covert demolitions, covert countersabotage, covert removal of personnel including escape and evasion evacuation and exfiltration, covert propaganda, covert political warfare and covert economic warfare. Such operations do not include armed conflict by organized military forces or cover and deception for military purposes.

5. The foregoing rescinds paragraph 4 of NSC 10/2 and all other provisions of NSC 10/2 and NSCID–5⁶ which may be inconsistent with the provisions of this directive.

1. Source: Central Intelligence Agency, History Staff Job 83–00036R, Box 1. Secret. The date is taken from an attached document summary.
2. NSC Action No. 400, approved December 14, 1950, suspended the provisions of paragraph 4 of NSC 10/2, at the request of the Director of Central Intelligence, until the issuance of a further directive. (National Archives, RG 59, S/S–NSC (Miscellaneous) Files: Lot 66 D 95, Records of Action by the National Security Council)
3. The attachment printed below is a draft of NSC 10/3; see footnote 2, Document 42.
4. Printed from a copy that indicates Smith signed the original.
5. Secret.
6. For text of NSCID No. 5, December 12, 1947, see Foreign Relations, 1945–1950, Emergence of the Intelligence Establishment, Document 423.