611.41/1–1750
Documents Relating to the Exchange of Classified
Military Information Between the United States and the United
Kingdom1
secret
[Washington, January 27, 1950.]
Document A
Policy Statement Regarding U.S.–U.K.
Exchange of Classified Military
Information
The U.S. and the U.K. are agreed that it is in the interests of
both countries that there should be a full and frank interchange
to the greatest practicable degree of all classified military
information and intelligence, except in a limited number of
already declared fields, it being understood that either
Government may subsequently declare any newly-developed fields
or projects as excepted upon due notification to the other
Government.
In this connection it is agreed that the flow of information over
the whole field of guided missiles shall be resumed at once.
Document B
Security Agreement Between the United
States and the United Kingdom Chiefs of Staff
- 1.
- The United States Chiefs of Staff will make every effort
to insure that the United States will maintain the military
security
[Page 1618]
classifications established by United Kingdom authorities
with respect to military information of U.K. origin, and the
military security classifications established by U.K.–U.S.
agreement with respect to military information of joint
U.K.–U.S. origin or development; will safeguard accordingly
such military information; will not exploit such information
for production for other than military purposes; and, will
not disclose such military information to a third nation
without U.K. consent. The British Chiefs of Staff will make
every effort to insure that the United Kingdom will maintain
the military security classifications established by the
U.S. authorities with respect to military information of
U.S. origin, and the military security classifications
established by U.K.–U.S. agreement with respect to military
information of joint U.K.–U.S. origin or development; will
safeguard accordingly such military information; will not
exploit such information for production for other than
military purposes; and will not disclose such military
information to a third nation without U.S. consent. This
agreement applies to military information disclosed by the
United States to the United Kingdom or by the United Kingdom
to the United States or exchanged between the United States
and the United Kingdom on and after the date of acceptance
of this agreement by the United Kingdom. The provisions
contained in C.C.S. 953, 953/1, and 953/22 will apply to information disclosed by
either country to the other or exchanged between the United
States and the United Kingdom between 1 September 1939 and
the date of acceptance of this agreement by the United
Kingdom.
- 2.
- The United States Chiefs of Staff and the British Chiefs
of Staff agree that, insofar as the U.S. and the U.K. are
concerned, the safeguards indicated above also apply to
information developed by the U.S. and U.K. jointly in
collaboration with a third nation.
- 3.
- It is agreed that the provisions of C.C.S. 210/43 shall remain in full force and
effect until cancelled or superseded by another agreement
which shall then be controlling in this respect.
- 4.
- It is agreed in respect of classified information
communicated by one country to the other, that the recipient
country shall use its best endeavors within the framework of
its laws and rules to prevent any
[Page 1619]
loss of patent rights in the
information. Specifically it is declared and agreed that:
-
a.
- Any rights of the originator to obtain patent
protection in the recipient country in respect of
the information communicated are not and will not be
prejudiced by virtue of the introduction of the
information into such country.
-
b.
- The information, so long as it remains classified,
will not be used or disclosed by the recipient
country in any manner likely to prejudice the rights
of the originator to obtain patent protection in
respect thereof, but if the recipient country
desires to use or to disclose the information in any
manner likely so to prejudice the rights of the
originator, then the recipient country will
immediately notify the country of origin of the full
circumstances of such intended use or disclosure,
and such use or disclosure shall not be effected
until approval is given by the country of
origin.
-
c.
- Each country when so requested by the other and to
the extent consistent with its laws and rules will
use its best endeavors
- (1)
- to have maintained in secrecy any patent
application filed in the recipient country in
respect of the information for so long as may be
desired by the country of origin, and
- (2)
- to supply reports of the manner in which the
information embodied in a patent application has
been used or disclosed.
- 5.
- For the purpose of this agreement the United Kingdom, the
British Dominions, and India are considered to be separate
nations.*
Approved August 1948.
Document C
Policy With Respect to Commonwealth
Nations
1. The general principle of the security agreement4
will be maintained: that the Government of the United Kingdom
seek the consent of the U.S. prior to the release to third
nations of information of U.S. or of U.S.–U.K. origin; and that
the United States Government seek the consent of the U.K. prior
to the release to third nations of information of U.K. or of
U.K.–U.S. origin.
2. a. The U.S. reserves its right to
disclose information of sole U.S. origin directly to any foreign
nation.
b. The U.K. reserves its right to
disclose information of sole U.K. origin directly to any foreign
nation.
3. However, to meet the special needs of the U.K. with respect to
the other nations comprising the British Commonwealth, and to
[Page 1620]
enable these
nations to obtain as much information as possible in the
interests of common defense, the general principle set forth in
Paragraph 1 above is hereby modified in the following
respects:
A. (1) The United Kingdom and Canada may exchange freely without
prior United States consent classified military information of
United States origin, of combined United States-Canadian origin,
or of combined United States–United Kingdom origin, except for
information relating to Western Hemisphere defense provided
that:
- (a)
- Only in exceptional circumstances will the United
Kingdom and Canada exchange documents originating wholly
in the United States.
(2) The United States and Canada may exchange freely without
prior United Kingdom consent classified military information of
United Kingdom origin, of combined United Kingdom-Canadian
origin, or of combined United States–United Kingdom origin
provided that:
- (a)
- Only in exceptional circumstances will the United
States and Canada exchange documents originating wholly
in the United Kingdom.
(3) The United States and the United Kingdom may exchange freely
without prior Canadian consent classified military information
of Canadian origin, of combined United Kingdom-Canadian origin
or of combined United States-Canadian origin except for
information relating to Western Hemisphere defense provided
that:
- (a)
- Only in exceptional circumstances will the United
States and the United Kingdom exchange documents
originating wholly in Canada.5
[Page 1621]
B. (1) The U.K. may, at its discretion, exchange with Australia,
New Zealand, South Africa, India, Pakistan, or Ceylon, without
prior U.S. consent classified military information of U.S.
origin or of combined U.S.–U.K. origin, provided that:
- (a)
-
With respect to information in the fields of
strategic planning and research and development:
Such information falls within the content and scope
of specific projects agreed to by the U.K. and the
U.S. as being releasable projects in respect of a
specified Commonwealth nation or nations.
- (b)
-
With respect to information in the fields of
intelligence, tactical and technical doctrine and
training, and matériel (military equipment which has
passed the research and development stage):
Such information falls within the content and scope
of specific projects agreed by the U.K. and the U.S.
as being projects which the U.K. may release to any
Commonwealth nation which the U.K. deems to be a
suitable recipient when evaluated in accordance with
the criteria set forth in Paragraph 5, below.
- (c)
- When U.S. or combined U.S.–U.K. information relating
to an approved project is released to a Commonwealth
nation or nations, the nation or nations will be
informed by the U.K. that the U.S. has agreed to the
disclosure.
- (d)
- The U.K. furnish to the U.S. periodic reports
identifying specific documentary materials released to
any of the named Commonwealth nations, when such
documents are of U.S. or combined U.S.–U.K.
origin.
- (e)
- The U.K. and/or the other Commonwealth nation or
nations concerned furnish to the U.S., when requested by
the U.S., reports on the progress and results of the
specific projects approved in accordance with
subparagraph B(1) (a) and (b) above.
(2) While the U.S. recognizes the special relationship between
the U.K. and the other Commonwealth nations and the desirability
in practice for the U.K. to initiate and effect the disclosures
provided for in this agreement, it is agreed as a matter of
principle that the U.S. may, at its discretion, exchange with
Australia, New Zealand, South Africa, India, Pakistan, or
Ceylon, without prior U.K. consent classified military
information of U.K. origin or of combined U.K.–U.S. origin,
provided that:
- (a).
-
With respect to information in the fields of
strategic planning and research and development:
Such information falls within the content and scope
of specific projects agreed to by the U.S. and the
U.K. as being releasable projects in respect of a
specified Commonwealth nation or nations.
- (b)
-
With respect to information in the fields of
intelligence, tactical and technical doctrine and
training, and matériel (military equipment which has
passed the research and development stage):
Such information falls within the content and scope
of specific projects agreed by the U.S. and the U.K.
as being projects which the U.S. may release to any
Commonwealth nation which the U.S. deems to be a
suitable recipient when evaluated in accordance with
the criteria set forth in Paragraph 5, below.
- (c)
- When U.K. or combined U.K.–U.S. information relating
to an approved project is released to a Commonwealth
nation or nations, the nation or nations will be
informed by the U.S. that the U.K. has agreed to the
disclosure.
- (d)
- The U.S. furnish to the U.K. periodic reports
identifying specific documentary materials released to
any of the named Commonwealth nations, when such
documents are of U.K. or combined U.K.–U.S.
origin.
- (e)
- The U.S. and/or the Commonwealth nation or nations
concerned furnish to the U.K., when requested by the
U.K., reports on the progress and results of the
specific projects approved in accordance with
subparagraph B(1) (a) and (b) above.
4. At the time that a project is agreed as “releasable” or at any
time thereafter, either the U.K. or the U.S. may specify that a
certain item or items within that project are not to be released
to one or more of the Commonwealth nations.
5. The criteria to be taken into consideration in the
establishment of “releasable” projects under the terms of
subparagraphs 3B(1) (a) and (b) and 3B(2) (a)
and (b) above shall include:
- A.
- The principle of “need to know” established for each
Commonwealth nation in the light of its strategic role
and of its ability or potential ability to contribute to
the common defense in the fields of manpower,
production, or research and development.
- B.
- Recognition of the importance of maintaining among the
Commonwealth nations the will to resist aggression and
to make the maximum contribution to the common
defense.
- C.
- The principle that the U.K. should be in a position to
make available to the other Commonwealth nations the
most up-to-date equipment issued to the armed forces of
the U.K.
- D.
- The standard of security in the Commonwealth nation or
nations concerned.
6. Agreement has been reached in respect of a specific subject as
set forth in Annex 2 to Document C.
7. It is recognized that a differentiation exists between
Government- and privately-owned information of U.S. or U.K.
origin. Information already released by either the U.S. or the
U.K. will be cleared between the two Governments on an
individual item basis before release to third nations. In the
future, the nation of origin will
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determine whether the information is
privately- or Government- owned and will state whether the
Commonwealth nation concerned may receive such privately-owned
information.
Annex 1
Interpretation of Certain Terms Used in
This Document
1. The definition of “combined military
information” and the procedures for the resolution of
differences concerning releases of combined military information
to third nations are set forth in the Agreed Charter
establishing the U.S.–U.K. Military Information Board.
2. a. “United States
Information” does not become combined U.S.–U.K.
information merely by virtue of its release by the U.S. to the
U.K.
b. “United Kingdom
information” does not become combined U.S.–U.K.
information merely by virtue of its release by the U.K. to the
U.S.
3. In order that the establishment of projects will not be
hampered by the rigid adherence to a strictly defined term, the
word “project” is not defined herein but
shall, in general include an agreed upon area of effort, such as
an undertaking to develop an item (a tank, an airplane, a
weapons system, a radar system, or a principal component
thereof), a tactical or doctrinal procedure, a training program,
or an intelligence study.
Annex 2
Agreement has been reached in respect of the following specific
subject within the framework of the above policy:
Training Publications and Instructions
United States military information, classified no higher than
“Secret”, and exclusive of Intelligence and Research and
Development information may, at the discretion of the U.K., be
included in U.K. training publications and instructions for
issue to the other Commonwealth nations. This should not be
construed as implying that publications and instructions of U.S.
origin of the classification of “Secret”, “Confidential”, and
“Restricted” or other information so classified, may be sent by
the U.K. to the other Commonwealth nations, in their original
form, without prior U.S. approval.
Document D
Charter of the U.S.–U.K. Military Information Board
It has been agreed by the appropriate United States and United
Kingdom authorities to establish the U.S.–U.K. Military
Information Board (MIB), hereinafter referred to as the
“Board”.
[Page 1624]
Purpose
1. The Board is established for the purpose of providing a
combined body wherein proposed disclosures to third nations by
either the appropriate United States or United Kingdom
authorities of “combined military information”, defined in (2)
below, may be considered. It is intended that the Board will
facilitate the implementation of the Security Agreement approved
by the Combined Chiefs of Staff in August 1948,6 insofar as “military information of
joint [combined]7 U.S.–U.K. origin or development” is
concerned.
Functions and Powers
2. The Board shall decide whether disclosures to third nations of
combined military information proposed either by the U.S. or the
U.K. shall be permitted. Combined military information is
defined as follows:
- (a)
- Classified military information resulting or
originating from projects developed on a combined basis;
or
- (b)
-
Other classified military information determined by
the Board from time to time to be combined military
information.
The criteria upon which the Board will Base its
determination under paragraph 2 (b) are:
- (1)
- The appropriate U.S.–U.K. authorities have
agreed to undertake separately, different phases
of a specific project; or
- (2)
- The appropriate U.S.–U.K. authorities have
agreed that one will assume sole project
responsibility on behalf of both; or
- (3)
- The appropriate U.S.–U.K. authorities have
agreed at the outset of the project to adopt the
best results of independent endeavors.
Membership
3. The Board shall consist of (a) an
official of the U.S. Department of State, (b) an official of the British Embassy in Washington,
(c) an officer or official from each
of the U.S. military departments (Army, Navy, Air Force), (d) an official of the U.S. Research and
Development Board, (e) an officer or
official from each of the offices of the British Joint Services
(Navy Staff, Army Staff, Air Force Staff, and Technical
Services).
There may be present at meetings of the Board such U.S. or U.K.
consultants or observers as desired.
Chairmanship
4. The chairmanship of the Board shall rotate monthly between the
U.S. and U.K. Representatives. The U.K. shall hold the
chairmanship during the first calendar month the Board
meets.
[Page 1625]
Place of Meetings
5. Unless otherwise provided for, meetings of the Board shall be
held in Washington.
6. A Combined Secretariat shall be established by the Board.
Decisions of Board
7. All decisions of the Board shall be taken by unanimous
agreement.
Procedures
8. (a) Rules of
Procedure
Except as provided in paragraph 7, the Board shall adopt its own
rules of procedure for conduct of its business, including the
establishment of committees.
(b) Processing of
Requests
(1) Requests normally will be processed through direct
presentation to the Board by members, except that,
(2) In the processing of requests applicable to groups or
combinations of nations, or states members thereof, the Board
will prescribe such special procedures as it considers
desirable.
Annex 1
Statement to be incorporated in first procedural paper to be
prepared by the U.S.–U.K. Military Information Board.
Procedure for Processing of Requests to
Disclose Combined Military Information to Member Nations of
the Western Union for Western Union Purposes
- 1.
- Proposals by the United Kingdom to disclose combined
military information to member nations of the Western Union
for Western Union purposes shall be submitted by the United
Kingdom to the United States through the U.S. delegation to
the Western Union (with copy of the request forwarded by the
United Kingdom to the Secretariat of the Board).
- 2.
- Proposals by the United States to disclose combined
military information to member nations of the Western Union
for Western Union purposes shall be submitted by the United
States to the United Kingdom through the U.S. delegation to
the Western Union (with copy of the request forwarded by the
United States to the Secretariat of the Board).
- 3.
- Differences between the U.S. and U.K. as to a proposed
disclosure under (1) or (2) above may be referred to the
Board for consideration.
Annex 2
Statement to be incorporated in first procedural paper to be
prepared by the U.S.–U.K. Military Information Board.
[Page 1626]
Agreed Categories of Combined
Information
A. Only one highly secret subject, which is already covered by
special U.S.–U.K. arrangements, release of which to a third
nation would be subject at the time of the request to the
specific authority of the U.S. and the U.K. in each case.
B. Combined U.S.–U.K. information classified Restricted through
Top Secret, the release of which to a third nation would be
subject, at the time of the request, to the specific authority
of both the U.S. and the U.K. in each case.
C. Combined U.S.–U.K. information relating to a specific project
classified Confidential or Restricted, the release of which to a
third nation may be accomplished unilaterally either by the U.K.
or the U.S. subject to the following procedures:
-
a.
- At the initiation of the project or at any time
thereafter the U.S. and U.K. agreed to assign this
project to Category C.
-
b.
- The U.S. and U.K. mutually agree on that group of
nations to which the release of the information on the
particular project would be permissible.
Annex 3
The United States and British Teams agreed:
To incorporate in the first procedural paper to be prepared by
the U.S.–U.K. Military Information Board a statement of
understanding to the effect that the functions of the Combined
Communications Board or its successor agency will be unaffected
by the establishment of the U.S.–U.K. Military Information
Board.
Annex 4
Supplementary Note
In the course of discussions between representatives of the
United States and the United Kingdom on the subject of the
exchange and/or disclosure of classified military information on
January 23, 1950, the representatives of the United Kingdom
requested that the following statement be placed in the
record:
The representatives of the Government of the United Kingdom wish
to place on record that they consider it most essential that the
C.M.I.B. procedure should be expeditious in operation and should
take account of factors wider than security alone. This should
be made clear in the directives addressed by each Government to
their representatives on the Board.
[Page 1627]
Document E
Statement Regarding Employment of Foreign
Nationals
It is recognized that the employment by either the U.S. or the
U.K. on work involving access to classified military information
of individual nationals of third countries is a matter entirely
within the discretion of the employing nation, which will be
responsible for applying adequate security safeguards.
Document F
Policy Regarding the Disclosure of Certain
Classified Military Information to the North Atlantic Treaty
Nations
It is agreed that both the U.S. and the U.K. have the discretion
to release classified U.S.–U.K. combined military information in
the fields of established and published technical and tactical
training and doctrine and matériel to the nations of the North
Atlantic Treaty Organization to permit adequate use of equipment
and matériel furnished them by either the U.S. or the U.K.
Document G
Policy Respecting the Disclosure of Guided
Missiles Information to Australia
Within the framework of the “Policy with Respect to Commonwealth
Nations”, the following principle has been agreed to:
The United Kingdom Government may exchange with the
appropriate authorities of the Australian Government
without prior U.S. consent, information of U.S. origin
or of combined U.S.–U.K. origin on installation,
instrumentation and operating techniques of long range
proving grounds, and such classified research and
development information regarding the guided missiles
themselves as is necessary for the development of the
general U.K.–Australian guided missiles program, subject
to the conclusion of satisfactory arrangements between
the U.S. and Australian Governments with respect to the
safeguarding of such information. Procedures for
effecting the release of such information by the U.K.
authorities to the Australian authorities concerned will
be reviewed in detail by the representatives of the U.K.
and U.S. Governments.
