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B. The CIA 's Decision Not to Confirm or Deny the Existence of Responsive Records
is justified by Exemption 1 Exemption 1 provides that FOIA's disclosure mandate
does not apply to matters that are "(A) specifically authorized under criteria
established by an Executive order to be kept secret in the interest of national
defense or foreign policy and (B) are in fact properly classified pursuant to such
Executive order." 5 U.S.C. 552(b) (1).
Executive Order 13526 sets forth the current standard for classification of
information in the interest of national defense or foreign policy.
Paragraphs 33 and 34 of the Wilson Declaration describe how the records' existence
vel non [OR NOT] is properly classified under the Order's section 1.4 (d) which
pertains to "foreign relations or foreign activities of the United States".
20. FOIA exemption (b) (1) provides t hat FO IA does not require the production of
records that are: "specifically authorized under criteria established by an Executive
order to be kept secret in the interest of national defense or foreign policy" and "are
in fact properly classified pursuant to such Executive order. 5 U.S.C. 552(b) (1).
Consistent with sections 1.1 (a) and 3 .6 (a) of Executive Order 13526, and as
described below, I have determined that the existence or nonexistence of t he
requested records is a properly classified fact that concerns "intelligence activities,"
"intelligence sources or methods, "and "U.S. foreign relations" under section 1. 4 of
the Executive Order, the records are owned by and under the control of the U. S.
Government, and the unauthorized disclosure of t he existence or nonexistence of
requested records reasonably could be expected to result in damage to national
security.