The President's Certification as to His Forbidding Disclosure to Congress of Certain Documents Relating to Aid to South American Countries.

[ Released December 23, 1960. Dated December 2, 1960 ]

I AM ADVISED that on October 31, 1960, there were delivered to the Secretary of State, the Director of the International Cooperation, and the Managing Director of the Development Loan Fund Written requests from the Chairman of the Subcommittee on Foreign Operations and Monetary Affairs of the Committee on Government Operations of the House of Representatives for certain documents relating to the United States aid program in seven South American countries.

As I have stated on other occasions, it is the established policy of the Executive Branch to provide the Congress and the public with the fullest possible information consistent with the national interest. However, the Executive also has a recognized Constitutional duty and power with respect to the disclosure of information, documents and other materials relating to its operations.

It is vital to the national interest that the officials and employees of the Executive Branch be able to conduct its operations in an effective manner. It is essential to effective operations that such officials and employees be in a position to be fully candid in advising with each other on policy, personnel or other official matters, that they be able to engage in frank and informal exchanges of views with foreign officials and other foreign persons, and that they be in a position to conduct effective investigations into the conduct and suitability of personnel and other matters. The disclosure of certain conversations, communications or documents relating to the foregoing matters can tend to impair or inhibit essential investigative, reporting or decision-making processes or the proper conduct of our foreign relations, and such disclosure must therefore be forbidden, as contrary to the national interest, where that is deemed necessary for the protection of the orderly and effective operation of the Executive Branch.

I have accordingly found it necessary to forbid the disclosure of certain of the documents which are included or understood to be included in the written requests referred to above. These documents are identified in the lists attached to this certificate.

1. Of these documents, those which contain references to statements or policy of the National Security Council or the Operations Coordinating Board recommend changes in such statements or policy or reflect the advice to the President of members of his cabinet and others of his principal advisers. Another document requested contains advice to the Secretary of State by one of his principal assistants concerning policy matters as to which recommendations were to be made to the President. The President must be free to receive the confidential advice of his officers in the Executive Branch. Such documents as these have traditionally not been disclosed outside of the Executive Branch and in my opinion such disclosure would be contrary to the national interest.

2. A number of the documents requested relate to informal conversations or communications between United States officials and foreign officials of the highest rank or other foreign persons of importance. The disclosure of documents of this character outside of the Executive Branch would have an adverse effect upon the willingness of such foreign officials and other persons to engage in the frank and informal exchanges of views which are essential to the proper conduct of our foreign relations.

3. Several of the documents requested relate to personnel matters and contain statements as to the performance, efficiency, loyalty, character or other qualities of particular personnel of the United States Government. It has been the traditional policy of the Government that the disclosure of documents of this character outside of the Executive Branch would be contrary to the proper protection of individuals and could tend to inhibit the candid evaluation of personnel.

4. A number of the documents requested contain investigative matter such as unsubstantiated allegations, confidential sources of information, techniques of investigation and the like. The disclosure of documents of this character would be unfair to the individuals concerned and would tend to impair the ability of the Executive to conduct effective investigations.

5. The requests are also understood to include evaluation reports and exchanges of several airgrams describing recommendations or otherwise referring to such reports as to the Mutual Security Program, prepared by the Department of State or the International Cooperation Administration. For the reasons which I have stated in connection with prior requests for similar reports, such documents may not be released, but the facts shown by such reports are to be furnished.

6. One document requested contains a statement given in confidence to a United States Ambassador by a person who specifically requested that his confidence be respected. The protection of such confidences is necessary to preserve the ability of United States officials abroad to obtain information in the course of their duties as representatives of the President.

In the case of a number of documents requested, more than one of the above reasons for not furnishing the document is applicable.

I accordingly certify, pursuant to Section 101 (d) of the Mutual Security and Related Agencies Appropriation Act, 1961, that for the reasons set forth above I have forbidden the furnishing, pursuant to the requests referred to above, of the documents identified on the attached list.

DWIGHT D. EISENHOWER