Dec 3, 78 • 0031 • State-Georgetown • 304925

[Editor’s note: This text was released at https://wikileaks.org/plusd/cables/1978STATE304925_d.html.]

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STATE 304925
ORIGIN L-03
INFO OCT-01 ARA-11 ISO-00 CA-01 SCS-06 H-01 SS-15 SSO-00 /038 R
DRAFTED BY L/ARA – MS. ARMSTRONG:LEE
APPROVED BY ARA – MR. BUSHNELL
L/ARA – MR. KOZAK
L/CA – MR. DALTON
L – JMICHEL
S/S-O – TMARTIN
——————056542 020247Z /15

O 030031Z DEC 78
FM SECSTATE WASHDC
TO AMEMBASSY GEORGETOWN IMMEDIATE
C O N F I D E N T I A L STATE 304925

E.O. 11652: GDS 12/1/84 ( JABUSHNELL)
TAGS:CASC, OREP (RYAN, LEO) GY
SUBJECT: ACCESS BY FBI PERSONNEL TO MATERIAL TAKEN BY CONSULAR OFFICERS FROM JONESTOWN
REF: GEORGETOWN 4047

1. DEPARTMENT AUTHORIZES EMBASSY TO GRANT ACCESS TO MATERIAL DESCRIBED IN PARA 1 REFTEL TO FBI REPRESENTATIVES COOPERATING WITH GOG IN INVESTIGATION OF EVENTS IN JONESTOWN. 22 USC 1175 ET. SEQ., WHILE NOT AUTHORIZING USE OF SUCH PROPERTY FOR LAW ENFORCEMENT PURPOSES, DOES NOT BAR ACCESS TO IT FOR SUCH PURPOSES. THE FBI HAS ITS OWN INVESTIGATORY AUTHORITY WHICH IS NOT CIRCUMSCRIBED BY THE DEPARTMENT OF STATE’S GENERAL CONSULAR AUTHORITY. THE DEPARTMENT OF JUSTICE IS SENDING ASSISTANT SECRETARY WATSON A WRITTEN REQUEST FOR ACCESS TO THE MATERIAL, SPECIFYING THE LAW ENFORCEMENT ACTIVITY FOR WHICH IT IS

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NEEDED. THIS REQUEST WILL ALSO SATISFY CONDITIONS OF DISCLOSURE OF THE PRIVACY ACT, TO THE EXTENT THAT THEY MAY BE RELEVANT.

2. AS FOR THE GOG 22 USC 1175 SPECIFICALLY PROVIDES THAT THE PROCEDURES WHICH THE CONSULAR OFFICERS FOLLOW WITH RESPECT TO PERSONAL ESTATES ABROAD MUST BE AUTHORIZED BY TREATY OR PERMITTED BY LOCAL LAWS OR AUTHORITIES. THE CONSULAR FUNCTION DESCRIBED IN US STATUTE CANNOT TAKE PRECEDENCE OVER CONFLICTING GUYANESE LAW. JUSTICE REQUEST WILL SPECIFY THAT FBI ACCESS WILL BE IN CONTEXT OF COOPERATIVE INVESTIGATION WITH GOG. NEVERTHELESS, IT WOULD BE PREFERABLE TO HAVE GOG REQUEST FOR ACCESS IN WRITING AS WELL.

VANCE

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Originally posted on March 23rd, 2020.

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