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TRANSCRIPTION: Justin J. O'Shea memo to files regarding ROFA, 8/26/71

I called Robert Starr, Legal Advisers Office, State Dept (101-23039) concerning State's proposed reply to the AG's letter of 7/28/71 concerning a suggested investigation of the above subject in the light of the FARA.

Since State was concerned that there might be violations other than the FARA, I suggested that State respond to the AG's letter by advising that it had no objection to the proposed investigation but adding that it was also interested in an investigation into any possible violations of other federal statutes. It was also suggested that State could request to be consulted prior to any action in solicitation /prosecution for its comments or advice as to any effect such actions might have on foreign relations or policies.

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Mr. Starr advised that he would immediately prepare such a letter.

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prove abon You it's comments of almo omy affect such actions might have on foreign relations or poticus. My Starr advasial that ki uvrnil. imediately prepare such a betty

Form DJ-226 (Ed 9--10-70)

OFFICIAL FILE COPY

October 1, 1971

-Dear John:

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My response to your letter of July 28, 1971 on the subject of Radio of Free Asia was delayed so that we could carefully consider the views expressed as well as consult with another interested agency on one matter that involves them. In the meanwhile, however, staff officers of the Department have talked with officers of your department to further clarify the problems involved.

I am now able to confirm that the Department of State would have no objection to your instituting a full scale investigation of this matter. We would nct object to an interview by the, Federal Bureau of Investigation of Pak Bo Hi, Executive Director of Radio of Free Asia or of Yang Yu Chan, its Honorary Chairman. It is our understanding that the investigation would be conducted with a view to determining whether there had been a violation of any federal statutes including the Foreign Agents Registration Act.

We have discussed with the

your request

that a copy of the secret memorandum, which was enclosed with my letter of June 8, be made available to the Federal Bureau of Investigation. As you will note much of the information in that memorandum was obtained fro..

reports. will be sending the

We now understand that the FBI through their own channels a separate memorandum summarizing that information in our secret memorandum which was collected by the

The Honorable

John N. Mitchell,

Attorney General.

On the basis of discussions between representatives of our departments, it is my understanding that we will be kept informed of progress in the investigation, and consulted before any final action is taken with respect to any aspects of the investigation.

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You will recall that on June 8, 1971 the
Honorable U. Alexis Johnson of the Department
of State by personal letter to the Attorney
General inquired as to suggestions concerning
possible action against the subject. The Attorney
General in his response of July 28, 1971 recon-
mended a full scale investigation and in the event
State had no objection, permission was roquested
to make State's secret remorandum available to the
Bureau and to allow parsonál interviews of two
officials of the subject.

Mr. Johnson in his reply of October 1, 1971 has requested an investigation with the view of determining whether the subject has violated any federal statutes including the Foreign Agents Registration Act. Ko has also advised that there is no objection to interviews by the Sureau of the two officials of the subject.

Rather than neking his sacrat memorandum.
available to the Bureau for this investigation,
Mr. Johnson adviced further that the GIA, the
source of his information, would fuzaich a
memorandum of this information through its normal
channels to the Sureau. CIA has already complied
with State's request since a copy of its memorandum
has been furnished to this Division by the Bureau
under date of October 5, 1971.

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