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PAPERS, ETC. 8 132.1 Purchase.

The purchase by the Department of State of books, maps, newspapers, periodicals, and other publications shall be made without regard to the provisions of the act approved March 3, 1933 (sec. 2, 47 Stat. 1520; 41 U.S.C. 10a), since determination has been made by the Secretary, as permitted by the provisions of the act, that such purchase is inconsistent with the public interest. (R. S. 161; 5 U. 8. C. 22) (22 F. R. 10883, Dec. 27, 1957]


MENT OF STATE RECORDS Sec. 133.1 Definitions. 133.2 General restrictions on the use of

records of the Department, posts abroad, and missions to international organizations in the United

States. 133.3 Official use of records by other Fed

eral Agencies. 133.4 Nonofficial use of records for research

purposes. AUTHORITY: The provisions of this Part 133 issued under No. 8, 27 Stat. 395, as amended, sec. 612, 60 Stat. 1014, sec. 4, 63 Stat. 111, as amended, sec. 222, 66 Stat. 193; 20 U.S.C. 91, 22 U.S.C. 987, 5 U.S.C. 151c, 18 U.S.C. 1202, E.O. 10501, as amended, 18 F.R. 7049, 3 CFR, 1949–1953 Comp.

SOURCE: The provisions of this Part 133 contained in Department Regulation 108.509, 29 F.R. 7878, June 20, 1964, unless otherwise noted.

§ 133.1 Definitions.

For the purposes of the regulations of this part the term “records" includes those documents and materials defined in the Act of July 7, 1943 (57 Stat. 380; 44 U.S.C. 366) plus all copies of such documents and materials.

$ 133.3 Official use of records by other

Federal Agencies. (a) Procedure for handling requests. Requests from other Federal agencies for access to and use of Departmental and post records for official purposes shall generally be received and coordinated by the appropriate liaison or functional office concerned. For example, all requests from congressional committees or individual Members of Congress for documents, regardless of subject matter, shall be referred to the Office of the Assistant Secretary for Congressional Relations; requests for personnel records or information to the Office of Personnel; and security questions to the Office of Security.

(b) Clearance of official studies based on Departmental records. Before publication, official studies based on Departmental records prepared by other Federal agencies are subject to clearance by appropriate offices of the Department in consultation with the Historical Office. $ 133.4 Nonofficial use of records for

research purposes. (a) General policy. It is the policy of the Department to make its records available to private individuals and to Government officials engaged in private research as liberally as possible, consistent with the interests of national defense, the maintenance of friendly relations with other nations and the efficient operation of the Department and the Foreign Service.

(b) Three periods with respect to access by nonoffcial researchers to the records of the Department and its overseas posts—(1) Closed period. The records of the Department are in general closed in advance of the publication of the Department's documentary series entitled “Foreign Relations of the United States”. The beginning date of the closed period will be advanced automatically as the annual “Foreign Relations” volumes are released.

(2) Restricted period. The restricted period is the period of ten years behind the closed period. Use of the records in the restricted period shall be confined to qualified researchers demonstrating a scholarly or professional need for the information contained in such records.

§ 133.2 General restrictions on the use

of records of the Department, posts abroad, and missions to international

organizations in the United States. (a) Personnel security records will be maintained in confidence and will not be transmitted or disclosed, except as authorized and required in the conduct of business.

(b) Records relating to the citizenship of individuals, unsettled claims, Departmental and Foreign Service personnel matters, and the issuance or refusal of visas or permits to enter the United States; intelligence and investigative records; and Foreign Service inspection reports may generally not be used.

(c) Classified records originating in other Federal agencies and furnished the Department of State shall be communicated to a third agency or person only in accordance with applicable security regulations and with the consent of the originating agency.

(3) Open period. The open period is the period prior to the restricted period. The records of the Department for the open period are in the National Archives and may be consulted under regulations issued by the National Archives.

(c) Special restrictions on use of records of restricted and closed periods, in addition to the general restrictions listed in § 133.2. (1) The use of classified or administratively controlled records or information therefrom subject to the Department’s Security Regulations.

(2) Information contained in classified or administratively controlled telegrams less than 10 years old may be made available only in paraphrased form in accordance with the Department's Security Regulations.

(3) Certain types of documents will be withheld if their publication would be contrary to the public interest, such as (i) materials which might tend to embarrass the United States Government in its conduct of foreign relations; (ii) materials embodying opinions or comments which might give needless offense to other nationalities or to individuals at home or abroad; and (iii) mat ials ich would violate the confidence reposed in the Department or in the Foreign Service.

(4) Papers, with the possible exception of captured enemy or ex-enemy documentation, originated by a foreign government and not yet released for publication by that government, ordinarily will not be made available to inquirers without the consent of the government concerned.

(d) Application for nonofficial access to records in the restricted and closed periods—(1) Submission of application. The application shall be submitted to the Director of the Historical Office of the Department of State.

(2) Information to be furnished in application. The application shall contain a description of the nature and scope of the proposed study and the

types of records required. Administrative considerations make it necessary for the researcher to confine his request, insofar as possible, to particular documents or materials on specific topics. The applicant also shall provide data concerning his citizenship, academic background and research experience. The application shall be accompanied by appropriate references or, preferably, by letters or recommendation. The application of an alien researcher should include a recommendation from the chief of mission in Washington representing the country to which he owes allegiance or an explanation of why such recommendation is not deemed necessary.

(3) Departmental action on application. The Director of the Historical Office shall confer with the appropriate officers, when necessary, and determine the action to be taken, the nature and extent of access to be granted, and any special restrictions to be placed on the use of the information. The Historical Office shall then notify the applicant whether the desired records can be made available within policy and security restrictions, and make any necessary arrangements for the applicant to consult official files subject to such conditions as may be decided upon.

(e) Clearance of notes or materials resulting from nonofficial use of records for research purposes. The researcher to whom documents have been made available shall submit to the Director of the Historical Office, for purpose of review, all such records, notes or manuscripts as may have been agreed to in advance. The Director may, in turn, submit them to the appropriate policy office or offices before approval is given for their use. After the clearance of the documents, notes, or manuscripts, the Director of the Historical Office shall transmit the cleared materials to the researcher, retaining such items as it may be deemed necessary to withhold.


Note: Section 621(b) of the Foreign Assistance Act of 1961, Public Law 87–195, 75 Stat. 424, abolished the International Cooperation Administration. The President, by Executive Order 10973 (26 F.R. 10469), delegated the functions of the abolished agency to the Secretary of State and directed him to establish the Agency for International Development in the Department of State. The Secretary of State established the Agency for International Development by Public Notice 199 (26 F.R. 10608). The Administrator of the Agency for International Development issued Delegation of Authority No. 3 (26 F.R. 10734) which directed:

“All delegations of authority, regulations, instructions, memoranda, or other similar documents (published or otherwise) of ICA and DLF in effect at the time of this order, shall, to the extent consistent with law, continue in effect except as they may be later modified or superseded.”

Part 201 Rules and procedures applicable to commodity transactions financed by

A.I.D. 202 Overseas shipments of supplies by voluntary nonprofit relief agencies. 203 Registration of agencies for voluntary foreign aid. 204 Guaranties under the Mutual Security Act of 1954. 205 Per diem payments to participants in nonmilitary mutual security training

programs. 207 Limitation on the employment of third country nationals for construction

work financed from United States foreign assistance funds. 208 Suppliers of commodities and commodity-related services ineligible for A.I.D.


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