07-F-0258 NARA Position on Releasing Iraqi Documents 06-12-2003

~, I .. , _j ~ " U05816-03/C3I #04-056/03 SECRETARY OF DEFENSE CORRESPONDENCE ACTION REPORT . t. , . ; This Conn must~ c~ and forwarded to the Corrcsoondcncc Control Division (CCDl. \HIS Room~~GJ !suspense Desk: (b)(6) !FAX Num~r l(i)j(6fl lc31 1 (b)( ~ Aclion Ag~ncy 6) 1Emeil.j(b)(6) j ~------------------------------------------------S-u s _P_•n_ n _ D_a_• _ • __ all~/08/~~ 1. ACTION TAKEN (Check one) (i} a ACTION HAS BEEN COMPLETED (Copy anached) --==--- 0 b. REQUEST EXTENSION OF SUSPENSE DA TF. TO I j (Justify btlow) 0 c. I NTERIM REPLY HAS BEEN SENT (Copy anachcd) EXTEND SUSPENSE TO .... ,--------.~ (Jwlify brlow) ~r ... <. ltEQUEST CANCEllATION (Justify btlow) ~ 0 • . REQUEST ntANSFER TO I 0 f. REQUEST DOWNGRADE TO I (Justify btlow /include POC Name & Phone Number) (Justify btlow) 2. JUSTIFICATION i;l l(b)(G) I did meet with NARA on May 16, 03 and 1 them again on Tuesday, May 27, 03, at CIA . He l NARA f ully informed, and has asked they send a officer in support of the ISG. met with I will keep I NARA ·I i • . . I L_ ________________________________ ~ 3. REPORTING AGENCY a. ACTION AGENCY IC31 =-----__,1 c. APPROVING AUTIIORJTY (Service Secrewy/Un•. ler ~m!Ary/ASDIMIIitary ' IE.xccoltvc Assr5tantl..cvtl) " - -- --· (b ~;- . - I I DAte Stgned b. NAME OF ACTION OFFICER (b)(6) (b)(6) lm A D1.r of Admin I ~/ lZ/03 f-lc.:_ . .:.:TE:.:_ l_ E PH _ _ Nt _' N-0-. -..J!~6 O 5. :!~7 _ f cjr-=r=:JO=N=-T-=~-KE ""f' N==:-(~..,.......J ' C:XSEC/ Conupondcncc Control Oivmon Usc Only) . l<_b_J_ . I ot add l(b)(G) I 0 Approved D Disaoproved <s> - . . n _ ~~~~~==~==~+---~-----L--~~~~--------~~ --------4 d DA'!l::: b CANX • ~pptovcd C t.Jisapproved J . ~j ~-Z.-/ _ _9_3- .. --- -I c DWNGRD 0 Approved 0 Disapproved ~--+-------------~~------------~~----------~ d. TRANSFER 0 Approved 0 Disapproved 4. CCD CONTROL# c. 0111ER (Specify) I roo~~--~_3 ______ ..... 1 , . . " SD FORM 3~1, JAN 2000 I I /_ I ·. • t I ;· • ~ ,.,,, · . l. i ' Li.. NAT I ONAl RRCH I LIES c: · - -::-; .. \.-·-· ·~- r ,... , ] f r; I :' , ' . ' . ~ I t': ,;: \ I Lt'J , \ I I 1 v APR 1 7 2003 Honordble Donald H. Rumsfeld Secretary of Defense The Pentagon Washington, DC 20301-1155 Dear Mr. Secretary: J am writing to offer the assistance of the 1\ational Archives and Records Administration (NARA) in dealing with the docwnents that Coalition forces are securing from the Iraqi Government and other institutions. Especially in the case of government records, these documents will be essential in rebuilding and maintaining the country's infrastructure, protecting property rights, and in providing evidence in judicial proceedings. I believe we can be of assistance to you in two areas: guidance relating to the legal status of the records and protecting their evidential value, and technical assistance relating to preserving original records and in scanning records to obtain copies that your agency may need for business purposes including for future judicial uses. As it relates to the legal status of the records, since World Warn NARA has been involved in an evolving process of dealing with foreign records that are obtained by the US. Government as a result of anned conflict. The laws and regulations governing the disposition of Federal records, as well as established international norms, support the general principle that original Iraqi records secured by Coalition forces will and should eventually be the legal property of a new Iraqi Government. In addition, wherever possible they should remain in Iraq. In the meantime, chain of custody must be carefully documented to protect the evidential value of these records. In those. cases where some records have been or still may need to be brought to the United States, they can and should remain the legal propeny oflraq, and should be stored and protected for eventual return to Iraq. This is the approach that the Department of Defense u'Sed, and 1\ARA endorsed, for records obtained during Operation Just Cause in Panama in 1989. Documenting the chain of custody will be especially important for records removed from Iraq. Iraqi records that the U.S. Government intends to return to a future Iraqi Government would not be subject to the Federal Records Act (FRA). Copies of original records that you make:: and actively use to carry out agency business would likely be subject to the requirements of the FRA. We would be pleased to work with a member of your staff to develop agency guidance that would help ensure the segregation of original records that you intend to rerum to a future Iraqi Gover.unent, and the management of copies that are made part of agency files. Scanning and copying technology now allow American forces to obtain copies of virtually any type of record that will be necessary for military and intelligence purposes, for helping to manage the transition to a democratic government, and for assisting in possible criminal, human rights, and war crimes prosecutions. We stand ready to provide technical advice and to provide storage for a preservation copy of these scanned images. In addition, NARA has experts in a wide range of- skills in preservation and protection of records in all media, including electronic record~. These staff members also carry the highest level of security clearances. NARA will also be working with the Departments ofDefensc and State, and other interested U.S. Government agencies, in developing strategies for dealing with other issU<:s that arise regarding Iraqi records. This includes the formulation of a U.S. Government response to the attached statement issued by the Arab Regional Branch of the International Council of Archives. If you have any questions or would like our assistance, please contact Dr. Michael Kurtz, Assistant Archivist for Records Services- Washington, DC, on 301 ~837-1893 . Sincere.ly, lEWIS J. BELLARDO JOHN W. CARLIN Archivist of the United States Enclosure ' ··-- - --------- NATIONAL ARCHIVES "The Catastrophe of The Iraqi Civilization" A Statement By The Arab Regional Branch O! The International Council of Archives The Arab Regional Branch of the International council of Ar~hives has been observing with great anxiety the events of the war aga1nGt Iraq which started on 20/3/2003, and is going on until now. Until the war ends, we hold all the international and national organizations historically responsible to avert the serious da~g~r~ that constitute a threat to the treasures in Iraq -the cradle of clVlllz~tlon. The ancient civili2ations of Babylon, Sumer, Nineveh - the land of prophets and missions, inspire all responsible officials as well as t~e intellectual and cultural institutions around the worlci to protect thls inval\1able heritage in the face of the modern destructive weapons of war. Such weapons have killed innocent childr~n. women, sick people, aod media men. This war has unleashed a sense of fear amongst the inhabitants who were safe and secure. lt has eliminated all the humanitari~n values and principles, as well as the lofty icieals preserved in the city of Assyria which was founded in the third millennium B.C. The cou~cils of Archives around the world have confirmed that the Code cf Ha~nurabi (1792-1750 B.C.), the oldest archive in the history of the world, along with its 285 articles of social and administrative laws, is a coll~ction of jurisprudence for the organization of social life. The fertile land of Iraq produced many distinguished personalities in different fields of arts, sciences, literature and philosophy. Further still, the translation of scholarly treatises m~de the banks of the Tigris and the Euphrates the forum of civili~ations. At the turn of the ~1st century, it is a historical compu l sion for the masters of Science and techno:ogy to protect this unique heritage of mankind. Instead, we are w&t.ching the most powerful country in the world destroying all the museum~. a~d further threatening the document9 and archives with serious dangex· by fierce bombardment. The wcrld's super power supposedly protects human values, hoists the banner of freedom and bears the responsibi ; ity for eliminating global threats including weapons of mass destr~ction. But what we are presently witnessing is a total destruction of all the archives and the documents in the civil service departmente which are of great significance !or the people ' s daily lives, official archives, cultural libraries, university libraries, ancient documents, archeologjcal remains and the historical heritage of the nation. All these treasures are already in a state of serious danger resulting from the missiles and bombs before the plundering and looting began to take place. lt is the obligation of the UNESCO and the other international organi2ations to have been prepared for this aituation before it became too late, and to have rescued the lest treasures as much as possible. We appeal to the International council of Archives and the other responsible authorities world wide to take a quick initlative to save and preserve the libraries, documents, r~ins, museums, and all sources of kno~l~dge, to set up urgent funds to cover the expenses for executing the req~lred plan, and prever.t them from being taken out of their ho~~land. We ~o~d ~he coalition for~es and their respective governments ~u-~~ responslb~e .or all the mater1al, moral and intellectual dam ages 1nfllc~ed ~pen the museums, archeological sites. universities libraries and educational institutes, and hope that ea~h side will carrY out reEponsibilities ~n a satisfactory manner. ~e are horrified and grieved to observe the mob looting plundering and N A TIONAL ARCHIVES destroying the Iraqi National Lib~ary with its manuscript~. book5 and rare historical journal s, the Nat1onal Archives Center wh~ch represents the memory of modern Iraq, the museums in Baghdad and Mosul . Furthermore. 170,000 rare and invaluable archeological pieces which date back to tho~sands of years were also plundered and destroyed. The libraries of the museums and universities of Iraq were looted during dayt i ~e under the observation of tbe armed forces of the coalition who had the power to prevent such atrocities from taking place. Is it possibl e that ~uch an expedition was organized to demolish the identity of the Iraqi civilization?! The media reported that an American cultural agency has requested to purchaae all the looted antiquities and documents in orde r to sell them to certain specialized authorities. This particular action is against the norms cf all international treaties and convent ions that stipulate the protection of the historica l , archeological and intellectual heritage of a nation. We re~i nd the leaders of the world, and above all the government of the United States of America, that the governmental and non-governmental i ntellectual and cultural organizations are always prepared to confront the d~ngers that threaten the moral values and material ruins in the ent:i rE: world. Intellectual!! all over the world strongly condemned the destr~ction of the statues of Buddha in Bamyan i n Afghanistan by ignorant people. we also mention in this context, the honorable example of s~ving and rescuing the ruins of Al Noba :n Egypt and Sudan by the special ized institutions. The efforts of archivists all over the world, and tte diligent work of archeologists excavating, exploring, re!toring and preserving, are much appreciated. The un : ted States of America de&erves credi t for having the best · ..:niversit.ies and l:ibraries i n the world. Furthermore, the U. S.A. o·.ms excellent museums which are visited by seekers of knowledge. Consequently, the United States has a greater responsibility to abide by the principles of international law and moral code for the protection o f the ruins , museums, universities, libraries, theatres and other cultural centers in Iraq, and preserve them for the human race which does not accept the price for the ''The freedom of Iraq" to be tyranny and en!l'.ity . We, in the Arab Regional Branch of the International council of Archives, beseech the leaders of the United States of Americo the Unite~ Ki~gdom ~nd the allied c~untr~e~, as well as their res~ective organ 1zat~o ns, 1nst1tutions , un~vers1t1es and centers of research to t ake the ~ise deciGion and pr~mpt initiative to strictly enfor~e the preservat1on of the great her~tage of Iraq until it is vested in the trustf~l hands of the Iraqi scholars and intellectuals . Dr. Abd·Jllah M ohammed El Reyes Presid~~t of the Arab Regional Eranch of the International Council of Archives 15/4/2003 Atu Dhabi - United Arab Emirates TOmL P.05 ./